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Home My WebLink About01-3500 SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03500 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL VS GRAY MICHAEL L 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, DEFENDANT GRAY MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GRAY MICHAEL L FORWARDING ADDRESS: 124 PARK DR MIDDLETOWN Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 9.75 5.00 10.00 .00 42.75 So answ~~ ..' 7.../~:~ ?<;~/~..~..._--------- -- ~,,_... "....,,~.~- "..- --'-~ _"" ..' ~." c...... R. 'Thomas Kline Sheriff of Cumberland County MARK UDREN 07/09/2001 Sworn and subscribed to before me -- this / gu day of ~) u..C,( d..OU{ . AilA. ~ ~onot"a;'J' (1- m~zr SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL VS GRAY MICHAEL L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GRAY MICHAEL L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 9th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co pd by Mark Udren 6.00 9.00 10.00 .00 34.25 59.25 07/09/2001 MARK UDREN So~......answ~e.r . ....... ..... ~._.;;;_--.- .'" ~......... - ~e: ~~~~~--- R.' Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before ---- this I i{-I4 day of ,J U il,' d::O() ( ~~ _ -1~.. . . t~21 J -XJ1~thonotav me SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03500 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL VS GRAY MICHAEL L 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, DEFENDANT GRAY NANCY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GRAY NANCY L FORWARDING ADDRESS 124 PARK DR MIDDLETOWN Sheriff's Costs: Docketing Not Found Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 s~/ R. Thomas Kline Sheriff of Cumberland County MARK UDREN 07/09/2001 Sworn and subscribed to before me this If{t day of dk'()~ ~r Prothonotary ..~7f . - " ) U\llt, ( SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL VS GRAY MICHAEL L ET AL R. Thomas Kline I Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT I to wit: GRAY NANCY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 9th I 2001 , this office was ln receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/09/2001 MARK UDREN s:~~~__ R.' Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me --- this ID~~ day of ~ ;~ ;r\~~~ . ._~?~notafJ William T. Tully Solicitor @ffice of tq~ ~4~:riff ii1ii ~:-..~: . ,. ~.. ,I J. Daniel Basile Chief Deputy Mary Jane Snyder Rea! Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania U S BANK NATIONAL vs County of Dauphin GRAY MICHAEL L Sheriff's Return No. 1587-T - -2001 OTHER COUNTY NO. 01-3500 Al~D NOW; June 18, 2001 at 6:20PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon GRAY MICHAEL L by personally handing to KESCHIEG RUPP, PERSON IN CHARGE AT RESID 1 true attested copy (ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 124 PARK DRIVE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to So Answers, JK~ before me this 22ND day of JUNE, 2001 Q.lilr\t _).(\ r, . ) '-}~UVfV l-. l t-jO/wfGa.. f Sher' PROTHONOTARY By Sheriff's Costs: $34.25 PD 06/12/2001 RCPT NO 150902 CANTREL @ffice of t4r ~1rpriff William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania U S BANK NATIONAL vs County of Dauphin GRAY MICHAEL L Sheriff's Return No. 1587-T - -2001 OTHER COUNTY NO. 01-3500 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for GRAY NANCY L the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 22, 2001 NEED A BETTER ADDRESS, DEFENDANT DOES NOT LIVE AT 124 PARK DR., MIDDLETOWN, PA 17057 Sworn and subscribed to So Answers, :; RvIM- before me this 22ND day ~ JUNE, 2001 .~ C-. (f)~ 1 Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $34.25 PD 06/12/2001 RCPT NO 150902 In The Court of Common Pleas of Cumberland County, Pennsylvania u.s. Bank National VS. Michael L. Gray etal Serve Michael L. Gray No. 01 3500 civil Now, 617 /01 , r, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~;... . ~~"V ,,'/~'i" _~~" ,~':,..f1-" "1;;I!t:/#o~,~J'~.,pP . . ...:; ~.......,,,,ilf",,, .<f' ,o;.."~, ~ ....". ; "'''> "'~! _",..<'<;-,..... .....-~.- .1......- Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VrT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania u.s. Bank National VS. Michael L. Gray eta I Serve Nancy L. Gray No. 01 3500 civil Now, 617 /01 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~:f,?' ~. ../ >~' ~. . F',,.<J-'<,;<;-;:/' .~~?,j!:.",~...,. <f' {'<I:'~:!!'...,f> r' ,"'~ .,,'~; - ",..,.,'''' ':....._'" ,..- 'J. Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray 124 Park Drive Middletown, PA 17057 Defendant(s) lIWE HEIiEOV CERllFV "HtE WITH!N 10 Ole 1tiU! t~NC 1./ CORRECT COl?V Of YfMlle Ofil~QINAL" r ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County !RUE COpy FRCti RECORO ki I .~:~W Wilii(~ji. l ~~: (p i.m~o :';it Wtli ~it~ ."'iN ' " ~" " ','s;! (l"'''''1 "r.~, "1t t"...:", j,.. PI "'.. '- 'tAl iM \,,,;jfliS,,,, T of . . . :NO. c)l-d~co Cu~( C /01~ A COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 AVISQ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL 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 Avenue Carlisle, P A 17013-3387 717-249-3466 or 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as ftated 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. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: EquiCredit Corporation of PA Assignee: U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Recording Date: LODGED FOR RECORDING Book: Page: 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 II 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: 431 N. 2nd Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Wormleysburg COUNTY: Cumberland DATE EXECUTED: 12/29/97 DATE RECORDED: 1/02/98 BOOK: 1424 PAGE: 1007 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 Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/1/01: Principal of debt due and unpaid Interest at 10.05% from 8/5/00 to 6/1/01 (the per diem interest accruing on this debt is $18.28 and that sum should be added each day after 6/1/01) $65,490.48 Title Report 5,448.24 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 6/1/01) 280.00 0.00 . Late Charges (monthly late charge of $33.26 should be added on the fifteenth of each month after 6/1/01) 297.85 Attorneys Fees (anticipated and actual to 5% of principal) 3,274.52 TOTAL $75,041.09 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of -$75,041.09 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. dren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP~ BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN L!NE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 25 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 << 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. . March 26, 2001 ACT 91 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 (REMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with tfte Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. Hyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. H you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also wanfto contact an attorney in your area. The local bar association may be able to help you :find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA .NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLEPARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" ELCUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU . HIPOTECA. Page 1 of6 EXHIBIT A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Michael L. Gray NancyL. Gray 431 N. 2nd Street Wormleysburg, PA 17043 8537001797 EquiCredit Corporation of Pennsylvania U.S. Bank National Association, FIK/A First Bank National Association, TR UtA DID 5/1/98 (EQCC Home Equity Loan Trust 1998-1) LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISIONS OF TIlE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TIlE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU' HAVE A REAsONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTIlER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. . . TEMPORARY STAY OF FORECLOSURE - Under tlJe 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 telephone numbers. of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific 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 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. - Page 2 of 6 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinf! it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property loqated at: 431 N. 2nd Street Wormleysburg, PAl ~043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTIILY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $665.25 for September 2000 through March 2001 = $4,656.75 Monthly Late Charges of $33.26 for = $231.33 Other charges (eXplain/itemize): $0.00 TOTAL AMOUNT PAST DUE: $4.888.08 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within TIlIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4.888.08. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIiE 1HIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable and sent to: Mark J. Udren & Associates 1040 N.Kines IDehway. Suite 500 Cherry Hill. NJ 08034 You can cure any other default by taking the following action within TIlIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.): N/A Page 3 of 6 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 ri2hts to accelerate the mort2a2e 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 upon your mort2a2ed 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, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all, reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the. default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balan~e and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFDS SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri,ght to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by pavm12; the total amount then past due, plus any late or other char12;es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writin12; by the lender and by performin12; any other requirements under the mort12;a12;e. 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 POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this 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/Servicer: Address: Phone Number: Fax Number: Contact Person: EquiCredit Corporation of America. 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 800/759-6380 904/457-4081 Linda Caldwell, ext. 74060 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not 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. Page 4 of 6 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is reqUired and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. II This law f"!rm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of 6 YOU MAY ALSO HAVE THE RIGHT: · TO SELL TIIE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITIJTION TO PAY OFF TIllS DEBT. · TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO TIIE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE 1HAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSillT 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY A CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA FI02 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 , (717) 762-3285 FAXn/a Urban League of Metropolitan Harrisburg N. 6th Street HarrisbUrg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle' . 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6of6 :: '; .,;.. ;' ;' I iliHg .;.; .' 'h: ......... ~,,'" ,',' . ;\!llh~ <'. Il MJ f::;. ~,-) :: ~~;t~>;~\~~:,;.:-:.:) ~~.~.r" "~:';' , . . i .:~ .:< ~. 'J .~., .:::: .. 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V.... t. .... ~:.. , ~ ~ .~ tic{ .- ~ G) \ \ ~~tt'" u cfiJ.. v, ii) "'.:a ':2 ~'e~E ~ ~~G>~G> "8.\~ s~ ~ (-J ~\ . ~~~\~.~ \ ~l 3 '~e lOo. ~ \..li C'l (\) '0 !..o Q) i~~E~\ 0 '% ~ :? c-i.~it~: Pl C- ~ ~~~~~1 ,?: 1\ ~ cP ~ ~ Q).~ Q) ,,\ ,." '3'--d/. ~cr.~~"'.s v.... %~ ~~f3 5 ~~. '~ :.::r -0.< .... ~ ell. "'Et:.o%<'Q '5 Q) -c: III '" o~Q.. . . . \. \ \ " \" \ ~ f , . ~ ... - V E R I F I C~ T I ~ Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made . A subJect to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. tyVl Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES % '~ ~ .. r?/fl?, ~ ~ ~ }~ "- j t' I ',' ',' "t 1,," ! C" \ \, " .. d 'Ii , '" r I' 1.',"" I': .:J I n Ii! i SEE 9 "Or AHF! ,rl ilO ~.:fI~jH',; i y, :JiLHC) MARK J. UDREN << ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray 124 Park Drive Middletown, PA 17057 Defendant(s) "WE HEREBY CERTIFY THE 1 ^ WITHIN TO I3E TRUE ANlr. I \ rQ.ORRIECT COpy OF THE ORIG:.. ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County TRU~ COpy FROM RECORD .... T_l..",-,,;rt., l''''''l''"~''''"~ "", A . '" ~V\......", ?"'~~~""1.ZI,l t!<i.'J{.~ UlW) $it my mmd -... """'" ,;"..0.1 . ....' : ~ fflIlIJ .:l~ ;.)) >i>'.ii.;j l.tn.u'~ at Gtuj~, Pa. : ~f~ day ~~ ~q ~ ~'o. ~dr 'A:::r : \ nmery . : NO. DI- dScx; C,u~CT~ " COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL 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 Avenue Carlisle, P A 17013-3387 717-249-3466 or 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as ftated 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. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: EquiCredit Corporation of PA Assignee: u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Recording Date: LODGED FOR RECORDING Book: Page: 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 A 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: 431 N. 2nd Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Wormleysburg COUNTY: Cumberland DATE EXECUTED: 12/29/97 DATE RECORDED: 1/02/98 BOOK: 1424 PAGE: 1007 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 Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/1/01: Principal of debt due and unpaid Interest at 10.05% from 8/5/00 to 6/1/01 (the per diem interest accruing on this debt is $18.28 and that sum should be added each day after 6/1/01) $65,490.48 5,448.24 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 6/1/01) 280.00 0.00 Late Charges (monthly late charge of $33.26 should be added on the fifteenth of each month after 6/1/01) 297.85 Attorneys Fees (anticipated and actual to 5% of principal) 3,274.52 TOTAL $75,041.09 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected mortgage lS relnstated prlor to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit IIAII, 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 A$75,041.09 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. dren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP~ BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN LINE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 25 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 & 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. A March 26,2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME. FROM FORECLOSURE This is an official notice that the mort{!a{!e on your home is in defaul~ and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa{!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the pro{!ram works. To see if HEMAP can help~ you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with tite Counselin{! A{!ency. The name~ address and phone number of Consumer Credit Counselin{! A{!encies servin{! your County are listed at the end of this Notice. If you have any questions~ you may call the Pennsylvania Housin{! Finance A{!ency toll free at 1-800-342-2397. (persons with impaired hearin{! can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also wantto contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA .NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNE:R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" ELCUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU . HIPOTECA. Page 1 of6 EXHIBIT A LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Michael L. Gray Nancy L. Gray 431 N. 2nd Street Wormleysburg, PA 17043 8537001797 EquiCredit Corporation of Pennsylvania U.S. Bank National Association, FIKI A First Bank National Association, TR U/A DID 5/1198 (EQCC Home Equity Loan Trust 1998-1) HOMEOWNER'S NAME(S): PROPERTY ADDRESS: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (fIlE "ACT"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, IF YOU. HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. . . TEMPORARY STAY OF FORECLOSURE - Under t1.}e Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Duringthat 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. TillS 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 fortl;rirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific 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 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. Page 2 of6 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fIled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 431 N. 2nd Street Wormleysburg, PA 11043 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTIll.,V MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $665.25 for September 2000 through March 2001 = $4,656.75 Monthly Late Charges of $33.26 for = $231.33 Other charges (eXplain/itemize): $0.00 TOTAL AMOUNT PAST DUE: $4.888.08 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,888.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE TIllRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: MarkJ. Udren & Associates 1040 N.Kin2s ID2hway. Suite 500 Cherry Hill, NJ 08034 You can cure any other default by taking the following action within TIllRTY (30) DAYS of the date of this letter: (Do not use if not applicable.): N/ A Page 3 0(6 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within TIllRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rb~hts to accelerate the morteaee 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 TIllRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaeed 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, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all. reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the. default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balanpe and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFDS SALE - If you have not cured the default within the TIllRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri2ht to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. 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 A EARLIEST POSSmLE 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 6 months from the date of this 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 ofLender/Servicer: Address: Phone Number: Fax Number: Contact Person: EquiCredit Corporation of America. 10401 Deerwood Park Blvd MC FL9-015-02-14 Jacksonville, FL 32256 800/759-6380 904/457-4081 Linda Caldwell, ext. 74060 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not 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. Page 4 oU NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is reqUired and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law fIrm is deemed to be a debt collector and this Notice and the attached document is " an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings ffighway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of (; YOU MAY ALSO HAVE THE RIGHT: . TO SELL TIffi PROPERlY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT. · TO HAVE TIllS DEFAULT CURED BY ANYTHIRDPARlY ACTING ON YOUR BEHALF. . TO HAVE TIIE MORTGAGE RESTORED TO TIIE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS 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 TIffi LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY " CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 , (717) 762-3285 FAX nla Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle' . 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of6 ',,- ':.. ;'P... ;::>. i ~ ~:J: ll. ...J .,'6' $'g I .f e IJ...!: u.. 0.1 ~g III u.. ]a: ""a: 1}, ~t: ~i ~ u E~ 'il~ 8- ...... -s" ~ S - a:i li] i o & a:l:j. 200~ OE!i'[ E'I:lS bEh~ I. . "'.~::\..: : " 1f' ~.; ,. ;..".., ... ... 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'i; it \\ \%~ \i \! t i. \~ Ja's: \ \/ . \ "<l en ..... '" 3 t.> , Cl> ~ C) :.: ? :. '!!: \. 'I>> ., .., .~; ~ 1 g " :a ~ ~ ~ co . ~ ih 1~ \ t Y.. y.~:,;... t.... \ .~ e~ t \ .2Ci~~-1 U Cf} /' % ~ ':a ? ~.e~E ~ 'C"iQ)?,>~ ~ \, ~\\ ~ ~ ~ (-J....)'. '''(0\ I ,.~ . -a.~<<fA~{)~ '~e <<10.- c;t)Cl)'O!.PQ) \~'iE~ %.,; 1 ...>. t .0'O':::\Olll ~ c- C'l.'i Ii t.... ~ \ ...."OQ)c:;\c,\ \\\~.~~ 1. -r-\ 1\ 9Q . C$:.'5~""'~ CD v 1"'- %~ ~~.If; a '? -t:.:::r ~<...,~ ~ ~ % i Je <J, Oil: '6 .; t)~0- . . \ \ \ ~ ~ , t \ - ~E R I F I...-C--.A 'l' ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made . . subJect to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. !fVl Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES , r~, " I" ", , 'II ".''''~ '--:''''~\ '.\ /~ ','~:5-,',":)'" '<~ 'v.~ ~~ , . _._-....-~ ~~[RjWfE ~-! : ~ (')--J I -, 1 r-.' '- 1 I I 't ! I' r,; /\ ! ,:>,;' ~ f\.:.l 0 .- . - ,i '. 11'\ I" (',.. C' "U~ /) JC C, 9 NOr ^,:lJ~W ,'i n:j .:l;j:HE] H S ':; <::::;.; dJO MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray 124 Park Drive Middletown, PA 17057 Defendant(s) "WI HIREBV CERTIFY THE WITtuN "to Ii3I TRUE AND CORAICT COPY OF THE ORIGINAL" t-^- ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County TRUE COpy FROM RECORD : kl T~ij.\',:.)tl:i ".u;laH~Ji, l i~~:a ~\nto 3/it my hani ~ ~~~::~_.~ "- O~ Q. ~r, : notMy : NO. D1- JSob C('u~l~~ A 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 apP'earance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 AVISO Le han demandado a listed en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL 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 Avenue Carlisle, P A 17013-3387 717-249-3466 or 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as ftated 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. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: EquiCredit Corporation of PA Assignee: u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Recording Date: LODGED FOR RECORDING Book: Page: 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 A 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: 431 N. 2nd Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Wormleysburg COUNTY: Cumberland DATE EXECUTED: 12/29/97 DATE RECORDED: 1/02/98 BOOK: 1424 PAGE: 1007 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 Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/1/01: Principal of debt due and unpaid Interest at 10.05% from 8/5/00 to 6/1/01 (the per diem interest accruing on this debt is $18.28 and that sum should be added each day after 6/1/01) $65,490.48 5,448.24 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 6/1/01) 250.00 280.00 0.00 Late Charges (monthly late charge of $33.26 should be added on the fifteenth of each month after 6/1/01) 297.85 Attorneys Fees (anticipated and actual to 5% of principal) 3,274.52 TOTAL $75,041.09 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of _$75,041.09 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. dren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP, BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS~ THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN LINE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED~ THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY~ THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 25 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 & 95 ON SAID PLAN~ THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. . March 26, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME-FROM FORECLOSURE This is an official notice that the mort2a2e on your home is in defaul~ and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the pr02ram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with ilie Counselin2 A2ency. The name, address and phone number of Consumer Credit Counselin2 A2encies servin2 your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin2 Finance A2ency toll free at 1-800-342-2397. (persons with impaired hearin2 can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also wantto contact an attorney in your area. The local bar association may be able to help you f'md a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA ,NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLEPARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" ELCUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU - HIPOTECA. Page 1 of6 EXHIBIT A HOMEOWNER'S NAME(S): Michael L. Gray Nancy L. Gray 431 N. 2nd Street W ormleysburg, P A 17043 8537001797 EquiCredit Corporation of Pennsylvania U.S. Bank National Association, FIKIA First Bank National Association, TR UtA DID 5/1/98 (EQCC Home Equity Loan Trust 1998-1) PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT''), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, IF YOU' HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. . . TEMPORARY STAY OF FORECLOSURE - Under tlJe 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 fortJ::rirty (30) days after the date of this meeting. The names, addresses and telephone numbers, of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific 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 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. - Page 2 of 6 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date}. NATURE OF THE DEFAULT - Tbe MORTGAGE debt held by the above lender on your property located at: 431 N. 2nd Street Wormleysburg, PAl ~043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTIllS MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $665.25 for September 2000 through March 2001 = $4,656.75 Monthly Late Charges of $33.26 for = $231.33 Other charges (explain/itemize): $0.00 TOTAL AMOUNT PAST DUE: $4.888.08 B. YOU HAVE FAILED TO TAKE TIIE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, wIDCH IS $4.888.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIDCH BECOME DUE DURING THE 1HIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: MarkJ. Udren & Associates 1040 N.Kin2s ID2hway. Suite 500 Cherry Hill. NJ 08034 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.): N/A Page 3 of 6 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within TIllR1Y (30) DAYS ofthe date of this Notice, the lender intends to exercise its ri2hts to accelerate the mort2a2e debt. lbis 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 TIllR1Y (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort2a2ed 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, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all. reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the. default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDmS - The lender may also sue you personally for the unpaid principal balan~e and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFDS SALE - If you have not cured the default within the TIllR1Y (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payinj:?; the total amount then past due, plus any late or other charj:?;es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinj:?; by the lender and by performing any other requirements under the mortgage. 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 A EARLmST POSSmLE 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 6 months from the date of this 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 ofLender/Servicer: Address: Phone Number: Fax Number: Contact Person: EquiCredit Corporation of America 10401 Deerwood Park Blvd. MC FL9-015-02-14 JacksonviUe,FL 32256 800/759-6380 904/457-4081 Linda Caldwell, ext. 74060 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not 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. Page 4 of6 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is reqUired and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. A This law iIrm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings ffighway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 PageS of6 YOU MAY ALSO HAVE THE RIGHT: · TO SELL TIIE PROPERTY TO OBTAIN MONEY TO PAY OFF TIIE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITIJTION TO PAY OFF TIllS DEBT. · TO HAVE TIllS DEFAULT CURED BY ANYTIllRDPARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE . TIllS RIGHf TO CURE YOUR DEFAULT MORE TIIAN TIIREE TIMES IN ANY . CALENDAR YEAR.) · TO ASSERT TIIE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED' UNDER TIIE MORTGAGE DOCUMENTS, · TO ASSERT ANY OTIIER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY " CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P A 17268 , (717)762-3285 FAXn/a Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle' . 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 rn - -'~ ,..:\ - ~ {"" ... ~ \J'I ~ -~ ::=-- --= ~ == - -- ~ -- - - - ~ ~ - ---------- ... ';,:':.' ," ilH!g; ',,; :,11 i!'i2: ,;;,.~ ,. 'If 4<) '~;h'l .......~ l: ~~[J~'.J;:;;yl:.::-::-,J. "..:-. '-', ...... ' ..' t . 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'" g C5tisa.-o iPiJ o.o><o!!'.a 0. 5' ~it~lii~ ".. ~ ~(t)og.(t) :> '< ~:l:go>"O ~ ;;:: ~ !l!'<::Dg !l!. ~& :.~- 9: ~ ;.g'i39.. ~ ~ ~ f \ \ \ ~ \ . t,.. t". I .~ tic?- ~ \ \ .dO~~\ ~.. v :..- -a.'!:;e ~t ~ E~ CD 0 '3'\~~~ ~ (-.J~\ . g -" 0 ~ '0 ._\ .-J" .'t'..Ql 3' a.1!! 'lA 'S~ .~~ (O "'4t-,,!.PCIl l~~E~~ 'd 1 ./ ~ -O"laolll ... c- C\I'itGe....:t:: "i ~~~sl~ I'J.\ ~ j; E -~ to U III ol= ;;;.- \\ "\ '-:d/ ~ ~ ~ ~.~ ~ III ';'~0 ,~, ..-::2 ~:t:: g,~ -5 c: ~. :-\-":;/ -a. <t .....:S tIl r: ~ _...). %i.g~io . 0:=:0.. . r . \. \ t' l \', t. \ \ \ \, \ , \ \,s \ ",... .. \:::':" ~- \ l \ ~ , t t ~ - V E R I F I CAT I ~ Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made . II subJect to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES ~ ~fAi~lre \ . - '1 ...,., I'd ,-1" ~. I \..~ ~. "_ '.. ,.. _I j' ~-' : i'\~:; ,,,, . > 1 ',: --i I 0, lid 9 E E 9 Nnr :1\111 i' \. . Ij i'le> ~31(!3',2 j '3:';L:.tIO MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF . U.S. Bank National . COURT OF COMMON PLEAS F/K/A First Bank National : CIVIL DIVISION Association, TR U/A DTD 5/1/98 . (EQCC Home Equity Loan Trust : Cumberland County 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray 124 Park Drive Middletown, PA 17057 Defendant(s) : NO. or - dSd) C;(J~l'---r~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 A1lISD Le han demand ado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte {20} dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3466 or 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 ofthis Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: EquiCredit Corporation of PA Assignee: U.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Horne Equity Loan Trust 1998-1) Recording Date: LODGED FOR RECORDING Book: Page: 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: 431 N. 2nd Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Wormleysburg COUNTY: Cumberland DATE EXECUTED: 12/29/97 DATE RECORDED: 1/02/98 BOOK: 1424 PAGE: 1007 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 in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $75,041.09 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. dren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP, BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN LINE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 25 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 & 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. HOMEOWNER'S NAME(S): Michael L. Gray NancyL. Gray 431 N. 2nd Street Wormleysburg, PA 17043 8537001797 EquiCredit Corporation of Pennsylvania U.S. Bank National Association, FIKJA First Bank National Association, TR UIA DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGmn..ITY 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. Duringthat 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 telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific 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 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. Page 2 of6 YOU MUST FUE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TmS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TmS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 431 N. 2nd Street Wormleysburg, PA 17043 IS SERlOUSL Y IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $665.25 for September 2000 through March 2001 = $4,656.75 Monthly Late Charges of $33.26 for = $231.33 Other charges (explain/itemize): $0.00 TOTAL AMOUNT PAST DUE: $4,888.08 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use ifnot applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,888.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: MarkJ. Udren & Associates 1040 N.Kin2s Hi2hway, Suite 500 Cherry Hill, NJ 08034 You can cure any other default by taking the following action within TIllRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.): N/A Page 3 of6 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 ri2hts to accelerate the mort2a2e 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 upon your mort2a2ed 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, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay al~ 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 period, you will not be required to pay 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. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFDS SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riMt to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified.in writing by the lender and by performing any other requirements under the mortgage. 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 POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff s 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 frod out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Phone Number: Fax Number: Contact Person: EquiCredit Corporation of America 10401 Deerwood Park Blvd. MC FL9-015-02-14 JacksonviUe,FL 32256 800/759-6380 904/457-4081 Linda Caldwell, ext. 74060 Name ofLender/Servicer: Address: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may not 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. Page 4 of 6 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is reqUired and mail it to you. Once we have mailed to you the reqUired information, we will then continue the collection of your debt. This law fIrm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of 6 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 THIS DEBT. . TO HAVE TIllS 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 TIIE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE 1HAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TIIE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 , (717) 762-3285 FAX n/a Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle . 301 G Street Carlisle, P A 17013 (717) 243~3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232~9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 --" '- .;:' )(\ "::t () 'C ..- rn ,..:\ {"" \J'I A- \ ,:::;7 -l:.? ': - _.J -1"'\\ o? S<~u j (-~ -- -~ ~"v\~ (,.- \J\,...:;::1 "'.....) 0. 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'll Q) ::>- ell g'~-5 0-5 . t>>c:....-......2l ~"OO"OOl a..~~~~Q) t:<i~eQ)~O" eIl"O,t:;.... ell ~:!:"O-Q)o ~~t1lE-5~ -O"O:::\ocn t'l_~ a~~~ ....t5Q)c:.~~ ~'.s~5(.),g ~~CQ)'~Q) ';CX:!;)~-5-5 iD~01G-5c -a~:::-5 t1l 0 EE'Eoi'O o~o..cn 0.- . . . i \ t ~ \ ' ~ I . I I .~ eCf -kJ'1 .4~ i 1h %~: (~ -1\ .)ct~ 1~:s .~ 1'\, " Q .~ ~ '3 .; \ " t. V \ (, t \ \ l \ l ~ ~i \ \ i \ ( \- \ \ \ ~ \ \ ~ \. \ ~ \: \ ~ \ - 4 '~,LE.-..R-I~_lC~ _LO--.N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ty~ Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES ~~ 1: ::::. ~ ~ ~ V) --D ...0 -...l "."..,----------- ~ ~ ~ :t: h Crt \) (3 '~ .v{ \ \ C> ~~ l2~ ~ '-!..... Q c :<>1* -oi.:;"') \); \.\~" 1~S/: y_\....J (") ":\ ~ S::=. '. -;. \; ...- ~ \ .,".~ .-CJ 0" )-, o - -t:\ ~.'_- ~~:-; " '."~ ;~j ~)\ ,.---, ""2: CO) f'::=- C; :.:? pC. .. ~ .~ '~ --.""..,-,----------- ---.---------- 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 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Michael L. Gray Nancy L. Gray . : NO. 01-3500 Civil Term Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Motion to Make Rule Absolute for the Motion for Reassessment of Damages upon the following person(s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) xxxxxx Date Served: ~\ ~\CJ\.\ TO: Michael L. Gray 124 Park Avenue Middletown, PA 17057 Nancy L. Gray 1101 Market Street, RM #370 Harrisburg, PA 17103 UDREN LAW By: Mark J. Udren, quire Attorney for Plaintiff ...---- .-- r~_...:t C::-.:J c.:.';.;J (/) , . ,~ -,! t.;',:' r:. co - UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Horne Equity Loan Trust 1998-1) Plaintiff v. Michael L. Gray Nancy L. Gray Defendant(s) AND NOW, this o R D E R 1~ SEP 0 7 2004 9 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-3500 Civil Term day of September, 2004, after consideration of Plaintiff's petition for Postponement of Sheriff1s Sale of the mortgaged property located at 431 N. 2nd Street Wormleysburg, PA 17043, it is hereby ORDERED that the said Sale currently scheduled for September 8, 2004/ is extended three (3) Month(s) to the regularly scheduled Cumberland County Sheriff1s Sale scheduled for December 8, 2004. No further advertising or additional notice to lienholders ~ ~?,'j?' "03 ? ,-, ~~ D~ c\ JJ '00.... J. ---------- r-:> = c-~ o "Tl -I :r:-r; Ci.l~ -9 tJ:1 ....._l...~ h 1., :-':1 S-,... --~-_. "'-1 ;;~; C2 25,f\l 52 --'.~ .....-'- (/J t"'i \J 1 -.J ~.... =::: 0.) C'I UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATl'ORNEY FOR PLAINTIFF u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) PETITION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Mark J. Udren, Esquire, petitions the Court for a three (3) month(s) postponement of the Sheriff's sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff I s sale of the mortgaged property involved herein, located at 431 N. 2nd Street, Wormleysburg, PA 17043 was originally scheduled for June 9, 2004, then postponed to September 8, 2004 to file a Motion to Reassess Damages. 2. A three (3) month(s) postponement of the Sheriff's sale is necessary to allow Plaintiff to receive a the court order to approve the Motion to Reassess Damamges. WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff I s sale of the mortgaged property be postponed to the December 8, 2004 Sheriff's sale. -~ " /"""/ .....-- /" Respectful~~/ /~/~:< squire Mapk~/#~':/Ud~n, Esquire ydren Law Offices, P.C. /cAttorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for one postponement of a Sheriff's sale. In the present matter, the sale has been previously postponed as a result of Plaintiff's inability to serve the Notice of Sale on one of the Defendants. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a three (3) month postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale more than once, and without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth ln the Motion, Plaintiff respectfully requests a three (3) month continuance of the Sheriff's Sale of the mortgaged premises located at 431 N. 2nd Street, Wormleysburg, PA 17043, to the December 8, 2004 Sheriff' s sa~//7 ,/////// ..- / .' /~., ~,/ " ,,- RespectfJX~':(Y submitted, ,// /,/'/// // ....../ //0"'.. ._,/ ///. ~a ~t~. u~en, Esquire U ren Law Offices, P.C. ttorney for Plaintiff .- VERIFICATION Mark J. Udren, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Petition for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Dale Shughar Local Counsel / squire MarXi/J. Udren, Esquire U9fen Law Offices, P.C. ~ttorney for Plaintiff ,/ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, ESQUIRE, hereby certify that I have served true and correct copies of the attached petition for postponement of Sherriff's sale upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Certified Mail Other xxxx Date Served: TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Dale Shughar , Local Counsel Esquire UDREN ~I-CE:~, P.C. '////, ,/ ./ -./ " " / ,'/ . ,/ ,;/ ,// .--;/~ " ~~~~6i~d~~~ic:::u~~~. ~~orney for Plaintiff -;:-:-t ~:', . 2 :-:-~~ -~ -< r--:l =~ c::_:1 ..r:- U) rTl -::.J ~ --I :I-I" rnp -q::q -..; 'T' S~<.'j :~L .::~; i;J ~;~ ~ , -.l :::': "'-~ G-.~ 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 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray Michael L. Gray Defendant(s) NO. 01-3500 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Rule to Show Cause with a Rule Returnable Date of August 20, 2004 and a Hearing Date of September 27, 2004 in regards to the Motion for Reassessment of Damages upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (Certificate of mailing) Date Served: <6\'a\CJL\ TO: Michael L. Gray 124 Park Avenue Middletown, PA 17057 Nancy L. Gray 1101 Market Street, Rm #370 Harrisburg, PA 17103 UDREN LAW OFFICES, P.C. B::~ Mark J. Udren, Esquire Attorney for Plaintiff/Movant (j JUL 2 3 2C04 ;: UDREN LAW OFFICES, P.c. BY:~J.UDREN,ESQUIRE ATTY. I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR UI A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) RULE TO SHOW CAUSE AND NOW, this }Co ~y of ~ 2004 upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; 2. The Respondent may file an Answer to the Petition on or before ~ ~~O{) t./ ,I 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; 4. Depositions shall be completed within.'~days of the date of this Order; 5. Argument shall be held on ~~ ~? , 20 Del , in ~ ,.,> r-e:1' ~.oo" Courtroom ~ , of the Cumberland County Courthouse; and . . M . 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. J. (") ~~; .,.;:~., ,..., C',:""> = ..;;;:- :r... c..-: GJ I +:- o ,1 :t-r] rnr='" -clp::.l :r,~ \" S::tC> ==11 ~2;r~ -,.~ -u ::;r. N . . -r,. "'}J ~~ o MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILLJ NJ 08003 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. Me FL9-015-0~-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Defendant(s) AND NOW, this &=~ o R D E R G JUN 08 2004f ATTORNEY FOR PLAINTIFF . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County ; NO. 01-3500 Civil Term day of June, 2004, after consideration of Plaintiff's Petition for postponement of Sheriff's Sale of the mortgaged property located at 431 N. 2nd Street, wormleysburg, PA 17043, it is hereby ORDERED that the said Sale currently scheduled for June 9, 2004, is e~tended (3) 'three Month(s) to the regularly scheduled Cumberland County Sheriff's Sale scheduled for September 8, 2004. No further advertising or additional notice to lienholders or Defendant(s} is required. BY J. MARK J. UDREN & ASSOCIATES BY; Mark J. Udren, Eaquire ATTY I.D. NO. 04302 1~1 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) PETITION FOR POSTPONEMENT OF SHERIFF'S SALE Plain'tiff, by its counsel, Mark J. Udren, Esquire , petitions the Court for a (3) three month(s) postponement of the Sheriff's sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's sale of the mortgaged property involved herein, located at 431 N. 2nd Street, Wormleysburg, PA 17043 was originally scheduled for March 3, 2004, then postponed to June 9, 2004, due to the Plaintiff's request to reassess damages. 2. The Plaintiff seeks the postponement of the Sheriff'S sale (3) three months to obtain a reassessment of damages. WHEREFORE, Plain'tiff respectfully prays and requests that..the sheriff I s sale of the mortgaged property be postPone~~ the September 8, 2004, Sheriff1s sale. /74 // Respect~, ;}1~~~itted, ,//~/ // / .' / / / /' / '/' Ma'rl9')J'. [y'dren, Esquire Ud~~L Law Offices, P.C. /Atii~rney for Plaintiff '- ~ Esquire / MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 U.S. Bank National F/K/A First Bank National Association/ TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) ATTORNEY FOR PLAINTIFF - . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for one postponemen't of a Sheriff I S sale. In the present matter, the sale has been previously postponed due to the Plaintiff's request to reassess damages. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a (3) three month postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale more than once, and without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests a (3) three month continuance of the Sheriff I S Sale of .,t.he mortgaged premises located at 431 N. 2nd Stree't, Wormle~bur~, PA , / 17043, to the September 8, 2004, Sheriff 1 S sale.~ ~,.. g;// k!/: / ~ Respectfu.-:V:{ ~ mitted, >> / // /~7 // By; c',.~> t/ Esquire Mar~';:;(. Udren/ Esquire Ud~en Law Offices, P.C. ATTORNEY FOR PLAINTIFF VERIFICATION Mark J. Udren, ESQUIRE, hereby sta'tes that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Petition for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. , Esquire :/ ~/ /// "Z//~'/ / " / " " / " /, / </ / /,j0/// // /~ ."/ ,,/ . // r-J,ark .r'o/Ddren, ESQUIRE " .' /' I' #dren.-'Law Offices f P. C. //ATTORNEY FOR PLAINTIFF Date: June 8, 2004 SO 'd L00882v998 'ON X~j 'O'd Isao!JJO MPl ualpn W~ Ev:rr 3nl v002-80-Nnr MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff : NO, 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, ESQUIRE, hereby certify that I have served true and correct copies of 'the attached petition for postponement of Sherriff's sale upon the following person(s) named herein at their last known address or their attorney of record by: xxxx Regular First Class Mail Certified Mail Other Date Served: June 8, 2004 TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 " Nancy L. Gray C/O YMCA 1101 Market Street, Room ~370 Harrisburg, PA 17103 // 4 /' ~// / /- // /' UDREN LAW/ ~~CES{ P.C. /;/:/ // // //-/~ / /' ,///./ / ,/, '/ /'//<./ /: - M?--i)<>'J I>~rdren, Esquire ,A~torrky for Plaintiff ~, Esquire / 90 'd L0088Gv998 'ON X~j 'J'd Iseo!110 Mt'l U8JpO W~ tv:ll 3m vOOG-80-Nor MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ. 08003 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : cumberland County Plaintiff : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, ESQUIRE, hereby certify that I have served true and correct copies of 'the attached petition for postponement of Sherriff's sale upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Certified Mail Other xxxx Date Served: June 8, 2004 TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 (' Nancy L. Gray c/o YMCA 1101 Market Street, Room #,3'70 Harrisburg I PA 17103 // /~::7 / UDREN LAW,...;6',rfi CE,S{ P. c. /;// // ,/ /// / .. //,'" / / ,," /',,--" ../ ~/ "/ / / / .// / - Ma1:-X/J 1:'):T"dren, Esquire /A'~t-orrky for Plaintiff ~/., Esquire UDREN LA W OFFICES, P. C. 1]] WOOD CREST lWA.D, SUITE 200 CHERRY IfILL, NEW JERSEY 08003 856. 669. 5400 FAX: 856. 669.5399 MARK J. {/DilEN" STUART WINNEG*. GAYL SPIVAK ORLOFF"" HElDI Il. SPIVAK.... CHRISTOPHER J. FOX"" .ADMIT'TEDNJ. PA, FJ. ..ADMrrrt;'11 PA .....nMI'lTBD NJ. PA TINA MARIE RICH OFFICE ADMINISl1U TOR FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PEN~i1VANfA OFFICE. 115-56 . 50(J 21S-568-1l41 FAX PLEASE RESPOND TO NEW JERSEY OFFICE June 8, 2004 Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Re: U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) VS. Michael L. Gray and Nancy L. Gray Cumberland Coun.ty C. C. P. No. 01-3500 civil Term Dear Defendant(s): Please find enclosed a true and correct copy of the Plaintiff's Petition for Pos'tPonement of Sheriff's Sale, Brief In Support and Certificate of Service with regard to the above captioned matter, the originals of which have been sent for filing with, and presentation to, the Court. Please refer to the Cumberland County Local Rules of Court which set forth your rights and responsibilities herein. THIS IS AN ATTEMPT TO COLLECT.A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ../ Sincerely( 4~>~ UDREN LAW oy,&6;;{ P. c . // ,/ // /?> ...- ......f ... // /' By: ///,/ ,/' Mark~~ ~Ten, Esquire AtyCfney for Plaintiff/Movant /jjh Enclosure (-:) .~. . r---' t:.;.;:) ." '".) :L'- ( . c. \' o -1) .-1 -.,- c,c r:'.:~ (j JUL 2 3 2G04 j." UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY. I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR UI A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) RULE TO SHOW CAUSE AND NOW, this }Co ~y of ~, 2004 upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; 2. The Respondent may file an Answer to the Petition on or before ~ ~~()D t./ 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; 4. Depositions shall be completed within.!bOdays of the date of this Order; 5. Argument shall be held on ~~ ~? , 20 IJ " , in ~ ""-"-~ ~.OO A M. Courtroom ~ , of the Cumberland County Courthouse; and . " 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. J. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY. I.D. NO. 04302 WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) ORDER AND NOW, this day of ,20 , Upon consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto, the Prothonotary is ORDERED to reassess the damages, in the amount of$108,739.26 as more particularly set forth below: Principal of Debt Due and Unpaid $65,390.48 Interest pursuant to the Mortgage/Note from 8/5/00 to 7/14/04 at 10.5% (the per diem interest accruing on this debt is $18.28) $24,923.75 Escrow Overdraft/Balance (Taxes/Insurance )(Pursuant to the Mortgage) $5,369.18 Late Charges (Monthly late charges of$33.26 should be added in accordance with the terms of the Note each month after 7/14/04) $863.27 Interest on Advances $1,322.08 Prior Interest on Advances $302.09 Broker's Price Opinion $1,563.32 Property Preservation $720.00 Property Inspections $287.05 Foreclosure Costs to Date (Allowable pursuant to the Mortgage, including Title Report, Complaint Filing Fee, Service of Pleadings Fee, Listing for Sheriffs Sale, etc.) $4,728.52 Reasonable Attorney Fees (5% of principal balance of $65,390.48, pursuant to the Mortgage) $3,269.52 TOTAL $108,739.26 BY THE COURT: J. 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 OWED BY YOU. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. UDREN LAW OFFICES, P.e. Isl Mark J. Udren, Esquire W oodcrest Corporate Center 111 W oodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (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 U.S. Bank National FIKlA First Bank National Association, TR UIA DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, U.S. Bank National FIKlA First Bank National Association, TR UIA DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), by its Attorney, Mark J. Udren, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter and in support thereof avers the following: 1. This is an action in mortgage foreclosure in which Plaintiff entered judgment against the Defendant(s) in the amount of$77,422.57, on October 18, 2001. A true and correct copy of the Praecipe for Judgment is attached hereto as Exhibit "A". 2. Plaintiff has paid outstanding taxes and/or insurance for the mortgaged premises. 3. The mortgaged premises is currently scheduled for the June 9, 2004 Sheriffs Sale. 4. Subsequent to the entry of judgment , additional sums have been incurred or expended on Defendants(s)' behalf during the time the sale was postponed or stayed, or while the sale was pending, which sums include, but are not limited to, taxes, insurance and ongoing per diem interest, and Defendant( s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal of Debt Due and Unpaid $65,390.48 Interest pursuant to the Mortgage/Note from 8/500 to 7/14/04 at 10.5% (the per diem interest accruing on this debt is $18.28) $24,923.75 Escrow Overdraft/Balance (Taxes/Insurance )(Pursuant to the Mortgage) $5,369.18 Late Charges (Monthly late charges of$33.26 should be added in accordance with the terms of the Note each month after 7/14/04) $863.27 Interest on Advances $1,322.08 Prior Interest on Advances $302.09 Broker's Price Opinion $1,563.32 Property Preservation $720.00 Property Inspections $287.05 Foreclosure Costs to Date (Allowable pursuant to the Mortgage, including Title Report, Complaint Filing Fee, Service of Pleadings Fee, Listing for Sheriffs Sale, etc.) $4,728.52 Reasonable Attorneys Fees (5% of principal balance of $65,390.48, pursuant to the Mortgage) $3.269.52 TOTAL $108,739.26 5. Under the terms of the Mortgage, Plaintiff is entitled to inclusion of the amounts set forth in paragraph 4 as part of the judgment, and accordingly, attached hereto as Exhibits "B" and "C", are the Mortgage and Note, allowing Mortgagee to charge Mortgagor(s) the amount set forth herein, including, inter alia, attorney fees, costs of suit, and authorizing Mortgagee to place insurance if Mortgagor(s) fail to do so. The pertinent paragraphs of the Mortgage and Note are highlighted. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed, in rem, in the amount of $1 08,739.26, as set forth hereinabove. Respectfully submitted, UDREN LAW OF ICE , P .C. BY: Mark J. Udren, Esq ire Attorney for Plaintiff UDREN LAW OFFICES, P.e. BY: MARK J. UDREN, ESQUIRE ATTY. I.D. NO. 04302 WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National FIKJA First Bank National Association, TR UIA DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES As a result of the passage oftime, P1aintiffhas requested adjustment of the in rem Judgment as set forth in its Motion to properly reflect the sums now due Plaintiff. Those sums reflect additional interest, late charges, escrow deficit (which may reflect insurance payments and taxes paid), and additional costs of suit, all of which are authorized by the loan documents, true and correct copies of which are attached to the Motion. It has been held that Judgments bear interest from the time obtained or until, at least, time of sale or until satisfaction can be made. Interest is a legal incident of every judgment. Koo1vent Aluminum Awning Co vs. CitvofPittsbuqili, 192 Pa. Super. 650-653,162 A. 2d. 256, 257 (1960). A contract rate for post-judgment rate above the so-called statutory rate of 6% per annum is allowable. Sicari v. Baruam, 43 D & C.3d 647 (1986). With regard to the pre-judgment and post-judgment interest being claimed herein, Plaintiff is charging the contract rate of interest per the terms of the Mortgage and Note documents. See, Exhibits "B" (Mortgage) and "C" (Note) attached hereto. The pertinent paragraphs of the Mortgage and Note are highlighted. Escrow overdraft (property taxes and property insurance), property inspection (the protection of the secured interest of the Plaintiff by a checking of the Property to make sure it is not vacant, and if vacant, has not been broken into) and Foreclosure Costs are allowable pursuant to the terms of the Mortgage and Note as highlighted. Reasonable attorney fees with regard to a collection action in mortgage foreclosure are allowable pursuant to paragraph 21 of the Mortgage. The Pennsylvania Courts have concluded that as much as 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees, and that amount is enforceable. See, Federal National Mortgage Association v. U.S.A., 33 Pa. Super. D. & C. 3d 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner, 269 Pa. Super. 455, 410 A. 2d 344 (1979). Under the circumstances in this case, considering the additional efforts Plaintiff has been forced to pursue to recover what is due, the attorney's fees recited herein are reasonable. Therefore, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed in the amount of$108,739.26, as set forth hereinabove. Respectfully submitted, UDREN LAW OF ICE By: Mark J. Udren, Es uire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 85 6 - 482 - 69 0 O. . U.S. Bank National F/K/A First Bank. COURT OF COMMON National Association, TR U/A DTD : CIVIL DIVISION 5/1/98 (EQCC Home Equity Loan Trust : Cumberland County 1998-1)10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF @@~ PLEAS ~ : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES 'I . NO. 01-3500 Civil Term (") C:' 0 C ':"{ s= CD ..~ -acc, c-, [QQ.1 -.-\ ~-,",J Z C ~::::: (:;0 !::::=u ~ ~:c' >;~~ 1..0 Z ::;2 r'0 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and ,against the Defendant (s) for failure to file an Answer to Plaintiff I 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 6/2/01 to 10/2/01 Late charges per Complaint From 6/2/01 to 10/2/01 Escrow payment per Complaint From N/A to N/A $75,041.09 2,248.44 133.04 D. TOTAL $77,422.57 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with,Rule 237.1, a copy of which is attached hereto. & ASSOCIATES L ESQUIRE Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED ~ Cu4~ J 'k. '.- PRO PRO THY IEXHIBIT A DATE: Od II' I ~(Y) ( o d i- I Record~' retu!" to: EqulCr;(', Centrel "roce..ing 10401 Lt~4'wood'l'ark Blvd. Jack.onville. FL 32256 .... :<, ~~ !: :\ i !' ZI E G l. Ui :': ':/11; D E ~l 0 FOE E 0 S ()I/.\ HE RLAtlD COUNTY - PA , 98 JAli Z Arlll ~8 (Space Above This Linc For Recordinl( Data) Loan Numbe~00179' MORTGAGE L---- TIllS MORTGAGE ("Security Inslrument") is given on December 29. 1997 The mortgagor is MICHAEL L. GRAY AND NANCY L. GRAY, HIS WIFE ("Borrower"), This Security Instrument is given 10 EauiCredit CorDoration of Pa. which is organizcd and existing under the laws of Pennsvlvania , and whose address is 600 North Third Street Harrisbura, Pennsvlvania 17101 (Lender"). Borrower owes Lender the principal sum of SIXTY-EIGHT THOUSAND SEVEN HUNDRED Dollars (U.S, $ 68.700.00 ), This dcbt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on __ Januarv 5. 2018 . This Security Instrumcnt secures to Lcnder: (a) thc rcpayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all otli(lr, sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrumcnt; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: SEE EXHIBIT "A" HERETO ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF ~ which has the address of 431 N 2ND STREET WORMLEYSBURG PA 17043 [Street, City, State, Zip Code] ("Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and all fixtures now or hereafter a pan of the propeny. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrumcnt as the "Property," BORROWER COVENANTS IImt Borrowcr is lawfully seiscd of the estate hereby conveyed and has the right to mortgage, gmnt and convey the Property and that thc Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend gencmily the title to thc Propcrty against all claims and demands, subject to encumbrances of record, THIS SECURITY INSTRUMENT combines nniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrumcnt covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prellaymcnt and Latc Charges. Borrower shall promplly pay when dne the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note, Form #478 PA First Mortgages (5/97) Page I of6 'BOOK 1424 PAllE1007 EXHIBIT ~ --.,;. ...:............u.._"-:' .>:~,:".-,-, - 2 - . 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower selllll pay to Lender on the day monthly payments are due under the Note, untHthe Note is paid in. full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a hen on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard of property msurance premIUms; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance wHh the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Hems," Lender may, at any time, collect and hold Funds in an amount not to exceed the maximnm amount a lender for a federally related mortgage loan may required for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U,S.C, 2601 et seq, ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Hems or othenvise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Banle Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law penmts Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest 10 be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the ,funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Hems when due, Lender may so notify Borrower in writing, and, in such case Borrower sh\llI pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve mODlhly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instnllnent, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Inslrument. 3. Aplllication of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepaymeDl charges due under the Note; second, to amounts payable under pamgmph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Properly ("Property Taxes") which may allain priorily over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in parllgraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promplly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments direclly, Borrower shall promplly furnish to Lender receipts evidencing the payments. In the event Borrower fails to pay any due and payable Property Taxes, Lender may, in ils sole discrelion, pay such charges and add the amounts Ihereof to the principal amount of the loan secured by the Security InstrumeDl on which interest shall accrue at the contract rate set forth in the Note, Borrower shall promplly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the ,enforcemeut of the lien or Jorfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to ~erid~r subordinating the lien to this Security Instmment. If Lender determines that any part of the Property is subject to a lien which may allain priority over this Security Instrument, Lender may give Borrower a notice identi(ying the lien. Borrower shall satisfy the lieu or take one or more of Ihe actions set forth above within 10 days of the giving of nOlice, 5. Hazard or Prollerty Insunmce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage", and any other hazards, including noods or nooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. In the event Borrower fails to maintain hazard insumnce (including any required flood insurance) in an amount sufficient to satisfy all indebtedness, fees, and charges owed Lender (in addition to paymcnt of all liens and charges which may have priority over Lender's interest in the property), Lender may, in its sote discretion, obtain such insumnce naming Lender as the sole beneficiary (single interest coverage), Lender may add any premiums paid for such insurance to the principal amount of the loan secured by this Security Instrument on which interest shall accrue at the contract rate set forth in the Note. If Borrower fails to maintain covemge described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7, All insurance policies and renewals shall he acceptable 10 lender and shall include a standard mOrlgage clause, Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the evcnt of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is nOI economically feasible or Lender's security would be lessened, the insumnce proceeds shall be applied to the sums sccured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a nolice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Properly or 10 pay silins secured by this Security Instrument, whether or not then due. The 30-day period will begin when the nolice is given. Form #478 t'A (51,}7) ,.,. :;, i;llood424 rACf:1008 Pag.2of6 F)(Hi~I'1" .~ ... "I '.~......",,...., - 3 - Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's rights to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, 6. Occupancy, I'1"cscl'Vation, Maintcnancc and Protcction of thc ProllCrty; Borrower's Loan Allplication Leascholds. Borrower shall occupy, estabtish, and use the Property as Borrower's principal residence within sixty days afier the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year afier the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be uIJfeasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on tile Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faiUl judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall be in default if Borrower, during the loan application process. gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, rcpresentations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. PI"otcction of Lcndcl"'s Rights in thc ProIICI.ty; Mortgagc Insurance. If Borrower fails to perform tile covenants and agreements contained in this Security Instnnnent, or there is a legal proceeding that may significantly affect Lender's rights in the Property (including wilhout limitation a proceeding in bankrupIt;)', probate, condemnation or to enforce other laws and regulations), then Lcndcr may do and pay for whatever is necesSary to, protect the value of the Property and Lender's rights in the Property. In addition, Grantor (Mortgagor) covenants at all times to do all things necessary to defend the tille to alt of the said properly, but the Beneficiary (Mortgagee) shalt have tIle right at any time to intervene in any suit affecting such title and to employ independent counsel in connection with any suit to which it may be a parly by intervention or otherwise, and upon demand Grantor (MOrlgagor) agrees either (I) to pay the Beneficiary all reasonable expenses paid or incurred by it in respect 10 any such suit affecting title to any such property, or affecting the Beneficiary's (Mortgagee's) liens or rights hereunder, including, reasonable fees to the Beneficiary's (Mortgagee's) attorneys or (2) to permit the addition of such expenses, costs, and attorney's fees to the principal balance of the Note(s) secured by this Deed of Trust (Mortgage) on which interest shall accrue at the Note rate, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on tile Property to make repairs, Although Lender may take action under this paragrnph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shalt become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interesl, upon notice from Lender to Borrower requesting payment. 8. Mortgagc Insurancc. If Lcnder required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shalt pay the premiums required to maintain the mortgage insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. If, for any reason, the mortgage insurance coverage required by Lendcr lapses or ceases 10 be.in. elIect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the morlgage insurance 'previously in elIect, at a cosl substantially equivalent to the cost to Borrower of the mortgage' insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelllh of the yearly mortgage insurance premiulU being paid by Borrower when the insurance coverage lapsed or ceased to be in elIect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in elIect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Insllcction. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at thc time of or prior to an inspection spccifying reasonable cause for thc inspection, 10. Condcmnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument whether or not then due, with any excess paid to Borrower. In the event of a partial taking of tile Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shall be paid to Borrower. If the Properly is abandoned by Borrower, or if, aflcr notice by Lender to Borrower that the condemnor olIers to make an award or settle a claim for damages, Borrower fails to respond 10 Lender within 30 days afier the date the notice is given, Lender is authorized to coHect and apply the proceeds, at ils option, either for restoration or repair of the Properly or to the sums secured by this Security Instrument, whether or not then due, Unless Lender and Borrower otherwise agree in wriling, any application of proceeds to principal shall not extend or postpone Ihe due date of the monlhly paymcnts referred to in paragraphs I and 2 or change the amount of such payments, Form #478 PA (5/97) j',i" BooK14~4J1AlfEt~ Page 3 of6 FXHi~iT !Rl ~.- '~~-j-..\,',: ,:-i;ii;;Qt;-~. -; "c:.: .~:' :~, ~ ' ',. " -4 - 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modilication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required 10 commence proceedings against any successor or interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any righl or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does nol execute the Note: (a) is co-signing this Securily Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay the SlIms secured by this Securily ]nslrumenl; and (c) agrees Ihal Lender and any other Borrower may agree to extend, modify, forbcar or make any other accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges, If the loan secured by this Security Instrument is subject 10 a law which sets maximum loan charges, and that Jaw is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permilled limit; and (b) any sums already collected from Borrower which exceeded permilled limils will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other a~dress Borrower designates by notice to Lender. Any notice to Lender shall be given by first class maitlo Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction il) which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and ofthis Security Instrument. 17. Tr:lIlsl'c,' of the P,'ollerty or a Bcncficial Intel'est in Borrower. If all or any part of the Property or an interest therein is sold or transferred by Borrower (or if beneficial interest in Borrower is sold or transferred and Borrower is not a natural person or persons but is a corporation, partnership, trust or other legal entity) without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Security Instmment which does not retate to a trallsfer of rights of occupancy in the properly, (b) the creation of a purchase money security interest for household applianccs, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums sccured by this Security Instnnnent to be immediately due and payable, If Lender exercises sllch option to accelemte, Lender shall mail Borrower notice of acceleration in accordance with paragraph ]4 hereof. Silch notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pdy the sull,ls declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may,' without further notice or demand on Borrower, invoke any remedies permitted by paragraph 21 hereof, Lender may consent 10 a sale or transfer if: (I) Borrower canses to be submitted to Lender information required by Lender to evaluate the transferee as if a new loan were being made to the transferee; (2) Lender reasonably determines that Lender's security will not be impaired and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable; (3) interest will be payable on the sums secured by this Security Instrument at a rate acceptable to Lender; (4) changes in the terms of the Note and this Security Instrument required by Lender are made, including, for example, periodic adjustment in Ihe inlerest rale, a different linal payment date for the loan, and addition of unpaid interest to principal; and (5) the transferee signs an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument, as modified if required by Lender, To the extent permitted by applicable law, Lcnder also may charge a reasonable fee as a condition to Lender's consent to any sale or transfer. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing, 111. Borrowcr's Right to Rcinstatc. ]f Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instmment discontinued at ,lilY time prior to the earlier of: (a) 5 days (or such other period as applicablc law may specify for rcinSUlICIl1Cl\t) before salt: of thc Property purSllant to any power of sale contained in this Securily Instrument; or (b) entry ofajudgment enforcing this Securily ]nstmmenl. Those conditions are that Borrower: (a) pays Lcnder all slims which thcn would be due under this Security Instrumenl and the Note had no acceleration occurred; (b) cures any dcfault of any olher covenanls or agreements; (c) pays all expenses incurred in enforcing this Security ]nstmment, including, but not limited to, reasonable atlorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security ]nstmment, Lender's righls in Ihe Property and Borrower's obligation to pay the sums secured by Ihis Security lnslmment shall conlinue nnchanged. Upon reinstatement by Borrower, this Security ]nstnllncnt and the obligations secured hereby shall remain fully effective as if no acce]emtion had occurred, However, this righl to reinstate shallnol apply ill Ihe case of acceleration under paragraph 17. Form #478 PA (5/97) BOl.lv,1424UCEi010 Page 4 of6 :,.;', ~~~\':4 :'" 1=XHiRIT e . of ,\l -- - 5 - 19. Snlc of Notc; Chnn~c of Lonn Scn'iccr. Thc Note or a partial interest in the Note (together with this Security Instrument) may be sold one or morc times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Scrvicer") that collccts monthly paymcnts duc under the Nole and this Security Instrument. Thcrc also may be one or more changes of the Loan Servicer unrclatcd to a sale of thc Note. Ir there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law, 20. Hazat'dous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmenlal Law. The preceding two sentences shall not apply to the presencc, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and 10 maintenance of the Property. Borrower shall promplly give Lender wrillen notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving thc Property and any Hazardous Substance or Environmental Law of which Borrowcr has actual knowledgc. If Borrower learns. or is notified by any govenunental or regulatory aUlhority, that any removal or other rcmediation of any Hazardous Substance aIfecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance wilh Environmental Law, As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasolinc, keroscne, other flammable or toxic petroleum products, toxic pesticides and herbicidcs, volatile solvents, material containing asbestos or formaldchyde, and radioactive materials. As used in this paragraph 20, "Environmcntal Law" means fedcrallaws and the laws of thc jurisdiction where the Properly is locatcd that relate to heallh, safcty or cnvironmcntal protection, NON-UNIFORM COVENANTS, Borrower and Lcnder further covenant and agree as follows: 21. Acceleration; Remedies. Lender sh:1I1 gh'e notice to BIII'rower It rioI' to acceleration following Borrower's breach of :my covenant or agreement in this Secud!y Instrument (but not Ilrior to acceleration unde....taragraph 17 unless al1lllicablc law provides othenvise). Lendel' shall notify Borrower of, among oilier things: (a) the default; (b) the action re1luired to cure the default; (c) when thc default must be cured; and (d) that failure to cure tbe default as sllecified mny result in ncceleration of the sums sccured by this Security Instrument, foreclosure by judicial Pl'oceeding and snle of the PJ"Ollcrt)'. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosurc Ilroeeeding the non-e:listenee of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as sllecified, Lender at its olltion may require immediate pnyment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument b)' judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragrallh 21, including, but not limited to, attorney's fees and costs of title evidence to the extent Ilel'mitted by al'plicahle law. 22. Releasc, Upon paymcnl of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrowcr. Borrower shall pay any recordation costs. 23. Waivcrs. Borrower. to the extent permilled by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for Slay of execution, extension of timc. excmption from allachmenl. le"y and sale, and homestead exemption. , 24. Reinstatement Pedoll. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheri[fs sale or other sale pursuant to this Security Instrument. 25. Purchase Moncy M0I1gage. If any of the dcbt secured by this Security Instrument is lent to Borrower to acquire tilIe to the Property, this Security Instrument shall be a purchase money lIIortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable afier a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under tIle Ntite. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplemenl the covenants and agrecments of this Securily Instrument as if the rider(s) were a part of t11is Security Instrument. (Check applicable box( es.) o Adjustable Rate Rider o Condominium Rider o 1-4 Family Rider o Graduated Payment Rider ' o Planned Unit Development Rider o Other(s) (specify) o Sccond HOlllc Ridcr 28. Conform;t)' With Luws. If any provision of this Mortgage (Deed of Trust) is found to be in violation of any law, rule or regulalion which affects the validity and/or enforceability of the Note and/or Mortgage (Deed of Trust), tImt provIsion shall be dccmed modified to comply with applicable law, rule, or regulation, Form #478 PA (5/97) Page 5 of6 BOOK 1424'~rGEtOU EXHIBrf i'~ -6- " BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instmment and in any rider(s) executed by Borrower and recorded with it. '2: id f!/ 4{'~rl1" Witness ~~~ Borrower MICHAEL L. GRAY (SEAL) B03~dYL.~~ (SEAL) (SEAL) Witness Borrower I hereby certiJy that the precise address of the Lender (Mortgagee) is HarrisburQ. Pennsvlvania 17101 . 600 North Third Street . On behalf of the Lender. By: '~~tL fit. /J! rn'if~/~ Title: !1 ,J'? ~ If f- ^I rL 'J~!-(,-, COMMONWEALTH OF PENNSYL VANIA, ClJMRFRI ANO County 55: On this, the 29th day of December, 1997 the undersigned officer, personally appeared MICHAEL L. GRAY AND NANCY L. GRAY HIS WIFE known to me (or salisfactorily proven) to be the person(s) whose name are ll\lbscribl!" to:1ihe ithin instrument and acknowledged that they executed lhe same for the purposes herein con,.int:'H, ~'. .,~, '11, ',. . f; , ":~ ' ',al \ '. I, ,1 ~ ~~ .( IN WITNESS WHEREOF, I have hereunto set my hand and official seal. l "~I ':';'. '. .!,~ \.{ \ :', '. 'I. " '4' ,\ '{ 1.. ~~~ '\' :~" ~.~, 1\ ~ : I -. "', .' l ~ .t~' l\'~,:i :\t .~~, '1$ Y" ,'~ I,,' . ,,\' ~:.>. ~~, }., 1'1',( It'-"'l ~" \~'<. ';~. l '*-: 'f' ,: '~l", . Q ~,r '\f,. :;1-'1 , "'\j~iJ \t ~ ;,t~ , before me, l,f, ,~, ,II, .1 (SEAL) My Commission Expires: . l~";',<:;--I c;~"I-------l Tina M, r./;".'..", .,.. ;.,., i' " ", J' lij~;'C:'~;~:l~~I:~::t.,,;:.:'~.!,~:i_E';L[~~2( (Space Below This Line Reserved For Acknowledgment) EquiCredit Corporation of Pa. 600 North Third Street Harrisburg, Pennsylvania 17101 Form #478 PA (5/97) Page 6 of6 BooK!424~t012 " , . \EXHI8IT 13 Loan Number: 53700179 NOTE December 29.1997 Date llARIUSBURG City , Pennsylvania I. BORROWER'S PROMISE TO pAy In retnrn for 0 loon that I hove received, I promise to pay U,S, $ 68.700.00 (this amount will be called "principal"), pins inlerest, to the ordcr of the Lender. The Lender is EguiCredil C"'!!!:p-orallon of Pa. I understand that the Lender may transler this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Ilolder". 2. INTEREST I will pay interest at a yearly rate of 1 0.050 %. Interest will be charged on that part of principal which has nol heen paid. Interest will be charged beginning on Januarv 5. 1998. and continuiug uutilthe full amouut of principal has been paid. Suhjeclto applicable law, the Noteholder shall bc eUlitled to intercst at the yearly rale on any mortgage arrearage (amount pnst due) including, without limitation, circumstances in which a pctition in bankruptcy, wage-earner, or other insolvency proceeding is filed designating me as debtor. 3. PAYMENTS Such principal and interest shall be payable in 240 s\lccessive monthly installmcnts with Ule first such instnlhncnt in the amonnt of$ 665.25 due onthc 51h day of Februarv. 1998 and~_ snbseq\lentmonthly installmcnts of $ 665.25 shull be d\le 011 the 5th day of each snccceding month thereafter, I will make these paymcnts every month until I lulve paid all of the principal ond interest ond any other charges, described below, that I may owe under this Note, If, on JonuoI'V 5. 2018 I still owe amounts under this Note, I will pay all those amounts. in full, outhat dalc, Timc is of thc eSscncc of this Notc. I will make my monthly payments at P.O. Box 44132, Jacksonville, Florida 32231 or at a diITenllltplaee if requ.\red by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Retnrn Check Charge In the event that a check used 10 make any payment requited by this Note is returned nnpaid by the payor bank for insufficient fnnds or credit, I agree to pay you a $10.00 fee for your additional costs incurred in processing such check, This charge will be required whether or not the returned check causes my payment to be late. (0) Late Charges for O,'erdue Payments If the Note Holder has not received the f\lll amount of any of my monthly payments by the end of the date it is due, I wiII pay 0 late charge to the Note Holder. TIle amounl of the charge wiII be 5 but not less than U,S. $ 33.26 and not more than U.S. $ 33.26 once on ony late payment. (C) Default If I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I wiII be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (0) Notice From Note Hohler If I am in default, the Note Holder may send me a wrillen notice telling me that if I do not pay the overdue amount hy a certain date the Note Holder may require me 10 pay immediately the full amount of principal which has not beeu paid and all the interest that I owe on that amount. That date must he atlcast 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me, (E) Payment of Note Holder's Cnsb and Expellses If the Note Holder has required me to pay immediately in full as described above, the Note Holder lri" have the right 10 be paid hack for all of its costs and expenses to the extent not prohibited hy applicable law, Those expeuses include, for example, reasonable attorneys' fees, 10 calendar days aller % of my overdue payment, I will pay this late charge only 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgn/(e, dated ---December 29. 1997 protects the Note Holder from possihle losses which might result if) do uot kcep the promises which I make in this Note. 'l1lOt Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under U1is Note:, 6. BORROWER'S PAYMENTS BEFORE TilEY ARE DUE I have the tight to make payments of principal at any time before they arc due. A payment of principal only is known as a "prepayment". When I make a prepaymcut, I willlell the Note Holder in a lelter thntl am doing so. A prepayment of all of the unpaid principal is known as a "full prepaymeut". A prepaymcnt of only part of the unpaid principal is known as a "partial prepayment", I may make a full prepayment or partial prepayment at any time; however, the Lender may charge nK " prepayment charge equivalent to 3 months intcrest during the Iirstthree years of the loan at the rate set forth above on the amount oflhe principal balance prepaid, The Note Holder will use all of my prepayments to teduce the amount o( principal that I owe under this Note. If) make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the some day that one of my monthly payments is due. 11le Note Holder may also require that the amount or my partial prepayment be equal to Ule amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do cerlain things, '11lose things arc: (A) 10 demand pnymtnt of amounts due (known as "presentment"); (8) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtnin on official certilication of nonpayment (known as a 'protest"), Anyone else who ngrees \0 keep the promises made in this Note, or who agrees to make payments to Ihe Note Holder if I rail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rigbts. These persons are known as "guarantors, sureties and endorsers." ,\ Form 1/433 Pennsylvaniq (10/96) All First Mortgages & S~cond Mortgages over $50,000 Page I of2 EXHIBIT C -2- 8, GIVING OF NC)nCES , . Any notice thaI musl be given 10 me under this Note will be given by delivering it or by mailing it be Certified mail addressed to me at the Property Addrcss in the Sccurity Instrumcnt. A noticc will be delivered or mailed to me at a different address if I give the Note llolder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Nole Holder at the address slated in Section 3 above. A nOlice will be mailed 10 Ihe Note Holder al a dilli:renl address if I am given a notice of that different address. . 9, RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more thun one person signs this Nole, each of us is fully and personally obligated to pay the full omount owed and to keep all of the promises mude inlhis Nole, Any guarunlor, surety. or endorser oflhis Note (os described in Section 7 above) is also obligated to do these things. '111e Nnte lIolder may enforce its rights under this Note against each of us individually or against all of us together, This mcuns that anyone of us may be required to pay all of the amounts owed under this Note, Any person who takes over my rights or obligations under Ihis Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Nole (as described in Seclion 7 above) is also obligated to keep all of the promises made in lhis Note. 10. LOAN CHARGES I understand and believe that this lending lransaction complies with Pennsylvania usury, lending, general obligation, and real property laws of Pennsylvania, \Inless preempted by Federal law, however, if any interest or other charges in colUlection with this lending lransaction are ever detennined to exceed the maximum amount pennilled by law, luuderstand und agree that: (i) the amount of Ute interesl or olher charges payable by me pursuaut to Ihis lending lransaction shall be reduced to the maximum amoW\t pennilled by law, and (ii) any e)(cess ",uount previously collecled ti'on, me in COlUlcction wilh this lending transaction which exceeded the nUIXimum amount pennilled by law, will be creditL-d against the outslanding principal balance. If the outstanding principal balance has already _~en rcpaid, the excess amonnt paid will be refnnded to me, All fees, charges, goods, things in action or any other sums or things of value (collcctively, thc "Additional Sums") paid or payable by me, whether pursuuntto this Note, the MortgagelDeed of Trust or any other document or instrument in any way pertaining to this lending transaction, or olhCIWise with respect to this lending transaction, which, under the laws of I'emtsylvania, may be deemcd 10 be inlerest with respect to III is lending transaction, shall, for the purpose of any laws of Pennsylvania w~i\j,h may limit lhe maximum amounl of interest 10 be charged with respecl to this lending transaction, be payable by me as, and shall be deemed to be, additional interest, and tor such purposes only, the interest rate of this lending transaction J (as delined in this Note) shall be deemed 10 be increased by lhe Additional Sums, . I acknowledge that the principal includes closing costs listcd on Ihe Loan Closing Statement and/or the Itemization of Amount Financed (unless such fees are paid by me in cash or by check at closing) and deem, such costs to be reasonable and specifically agree to pay them, I also acknowledge and undersland thallhe loan origination fee, if any, w,d any olher prepaid finance charges are fully earned at the lime Ute loon 'is made and are nol relimdable. 11. CONFORMITY WITH LAWS If any provision of this Note is found to be in violation of any law, rule, or regulation, that provision shall be deemed modified to comply with applicable law. 12. DEFAULTDlSCLOSlJRE If you do notmeel your contract obligations, you may lose your honse. ~J,,~/c? ~~ Gorrower MICHAEL L. GRAY / GOITower Borrower (Sign Original Only) Fonn H433 (10/96) PalO 2 of2 ~~' EXH\B\T C VERIFICATION Mark Jo Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion for Reassessment of Damages and Memorandum of Law are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.CoSo Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES"P.C. Dated: f\ \ \D \ ~~ 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 U.S. Bank National FIK/A First Bank National Association, TR UIA DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Motion for Reassessment of Damages and Memorandum of Law upon the following person( s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: '\ \. \~\ ~ '-\ TO: Michael L. Gray 124 Park Drive Middletown, P A 17057 Nancy L. Gray 1101 Market Street, Rm #370 Harrisburg, P A 17103 xxxxxxx By: Mark J. Udren, E quire Attorney for Plaintiff D -(::. H >=' ~ IV N "" IV ,..., :"0 ;.t 1'" .1 r'V " ( "1 -' . tT 1 .. "-.: 'MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 . U.S. Bank National F/K/A First Bank. COURT OF COMMON PLEAS National Association, TR U/A DTD : CIVIL DIVISION 5/1/98 (EQCC Home Equity Loan Trust : Cumberland County 1998-1)10401 Deerwood Park Blvd. MC FL9-015-02-14 : MORTGAGE FORECLOSURE Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ~s.s--.ESSMENT OF DAMAGES . - NO. 01-3500 Civil Term TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff I s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff1s damages as follows: As set forth in Complaint Interest Per Complaint From 6/2/01 to 10/2/01 Late charges per Complaint From 6/2/01 to 10/2/01 Escrow payment per Complaint From N/A to N/A $75,041.09 2,248.44 133.04 12 TOTAL ~77,422.57 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. & ASSOCIATES , ESQUIRE Plaintiff DAMAGES ARE HEREBY ASSESSED DATE:..Qd- jP.:J~ ( f AS I~CATED ~/J-dv k P 0 PROTHY ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray Defendant(s) NO. 01-3500 Civil Term DATED: TO: September 20, 2001 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 IM~O&TANT~TrcE 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 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 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 NO'1'-.ll'I~AC~IM~RTAliTE 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 OTROS DERECHOS, IMPORTANTES . DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o 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 17013-3387 717-249-3466 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray Defendant(s) NO. 01-3500 Civil Term DATED: TO: September 20, 2001 Michael L. Gray 124 Park Drive Middletown, PA 17057 .IHE.OR'l'ANT---.liO-'I'IC-.E 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 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 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 NO'l'IFI CACIO~IK;()oR'1'AH'1'E 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 OTROS DERECHOS, IMPORTANTES . DE BE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o 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 17013-3387 717-249-3466 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '.t . \1> .~ -- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray 124 Park Drive Middletown, PA 17057 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF SS COUNTY OF THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Michael L. Gray Over 18 As captioned above Unknown Defendant: Age: Residence: Employment: Nancy L. Gray Over 18 As captioned above Unknown Sworn to and subscribed before me this 9 day of PV1 , 200/. Nc:une: Al-')drt.~ ~ltA. T1tle: fo-.~\~kAd.\on. ~~ Company: C . ".".l. ". ~. Ctt Ul '-u.~ \.OtfDl ~ "'llllll,, GLOR "''?'''l:~Y'f~ IA J. LATIiROP f-T 'i*~ MY COMMISSION # CC 903025 ,'!o" .ir- EXPIRES: February 19, 2004 ...l,}:"....o.,!~b.~...~..;: 8 d'. "rll~" on I:RJ Thru Notary Public Underwriters ,,- t~fi~ -. ~ r ~ ~ ~ ~~~~ r,::, o f'; --'" ;:;:~. ...)\.-,) rr'.f' 2':'>' /~L. U,),' --::: ~/ ~(-:..; '{o ~~ PC 3 o c) -"\ ,----...-..-..,,------' (}') .,:-:""'" .-:i."'" .....0 - ,----" MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N~.KINGS HIGHWAY; SUITE 500 CHE~Y HILL, NJ 08034 856-482-6900' U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF - - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 - - NO. 01-3500 Civil Term Defendant(s) TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary -X- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict ~ Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. Esquire At this telephone number: 856-482-6900 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 l040t. N f KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 85 6 - 482 - 69 0 0' U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1)10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF - . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ,I - . NO. 01-3500 Civil Term TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff t 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 6/2/01 to 10/2/01 Late charges per Complaint From 6/2/01 to 10/2/01 Escrow payment per Complaint From N/A to N/A $75,041.09 2,248.44 133.04 .Q TOTAL $77,422.57 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with,Rule 237.1, a copy of which is attached hereto. & ASSOCIATES " ESQUIRE Plaintiff DAMAGES ARE HEREBY ASSESSED DATE: t'Xd- IF. ;;J.rY~ I AS INDICATED L ~~. PRO PRO THY ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 <N. KINGS HIGHWAY, SUITE 500 CHERRY HILL; NJ 08034 856-482-6900' ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Michael L. Gray Nancy L. Gray :NO. 01-3500 Civil Term Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) TO: Nancy L. Gray C/O YMCA, 1101 Market Street, Room #370, Harrisburg, PA 17103 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary -X- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration ~ Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-482-6900 MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040~. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856 - 4 82 - 69 0 O' . U.S. Bank National F/K/A First Bank' COURT OF COMMON PLEAS National Association, TR U/A DTD : CIVIL DIVISION 5/1/98 (EQCC Home Equity Loan Trust : Cumberland County 1998-1)10401 Deerwood Park Blvd. MC FL9-015-02-14 : MORTGAGE FORECLOSURE Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ,I . NO. 01-3500 Civil Term TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff I 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 6/2/01 to 10/2/01 Late charges per Complaint From 6/2/01 to 10/2/01 Escrow payment per Complaint From N/A to N/A $75,041.09 2,248.44 133.04 .Q TOTAL $77,422.57 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with\Rule 237.1, a copy of which is attached hereto. & ASSOCIATES L ESQUIRE Plaintiff DAMAGES ARE HEREBY ASSESSED AS 1ND!r:O . y 1,~ PRO PR~ DATE: OC+ If, ;)fx.>1 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE - . NO. 01-3500 Civil Term TO THE SHERIFF: PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount due $77.422.57 Interest From QctQber 3. 2001 2,833.40 to Date of Sale March 6. 2002 Per diem @$18.28 (Costs to be added) $ MARK J. UDREN & ASSOCIATES ~ ~ () c ~ ~ f" - "-> ~ <- "" c ~ ~ ~ :;;:, 0 ,. (,:) ~ ...) "" ....Q ~' :- -0(0 ,-:") , H ...(q, w . tTir' , ,-I ~ , . 0 ~ ~ \) ':' () d 0 Z:)' ~ . . V\ ~ CI) Zl. B 8 0 0 c 0 c c \) (J) c: co , =<,.;. Crt \ \ \ ~~p:J ~c> ;t..- I \ it~l --;:,'" --- ..:t . --"=-- -.... W I [; I \.D ....:) ~ r-- ~ '-- ._~:':'.:. ... ~ ~ ... ..... '" lit :0 r- ... - ':t .. ~.~ -< ... :. ... ... .:::. ... ... - .... ... .... ..... ", _.----- ----..---...-. ------ ,'. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . : MORTGAGE FORECLOSURE . . NO. 01-3500 Civil Term Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. REN & ASSOCIATES UM rk J. Ud n, ESQUIRE ATTORNEY FOR PLAINTIFF a (") ~ VeL n~r;'; 2:T ~r'. ""_ l,,- ~C: ~~~~ ~ o ('\ + 0:5 -Q N .:b. .3. (=c c::) ,-) .~~ co ;/::".... ::J-~ u:J .. r0 /' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 . . NO. 01-3500 Civil Term Defendant(s) . AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 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: 431 N. 2nd Street wormleysburg, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael L. Gray 124 Park Drive, Middletown, PA 17057 Nancy L. Gray C/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 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 t"Ekord: Name Address Plaintiff herein. See Caption above. Equicredit Corp. Of PA 600 N. 3rd St., harrisburg,PA 17101 S. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 431 N. 2nd Street, Wormleysburg, PA 17043 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: October 2, 2001 REN & ASSOCIATES ark J. Udr ESQ. Attorney for Plaintiff o ~~. -.)fc- P'r.' z-.:\ ~S' J;C: .,.(-- ,. -, :::;.- ,---' PC /~ ~ o o \:-J '.-<\ ().') ~ ." -,.". '.1) 21 ~D -< rv / MARK J. UDREN & ASSOCIATES BY: Mark J. Udren; Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 u.s. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS - CIVIL DIVISION Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 - -NO. 01-3500 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on March 6, 2002, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, 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) 482-6900 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.) YO~_TILL..j3_E-ABLE TO SA VE-YOUR PRO~KR'D'--..AND---YOJ:L..JiA VE OTHER RIGlL'I'.S 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 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 o C ? t:JFf" [YL:" ~E~ ~~ ~ C> o n -o.f CD :::~ '..0 (v ~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 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, ESQUIRE Attorney for Plaintiff Date: February 5, 2004 0 r-..:l 0 = ,..- = -n '--- ~'::: ,J:" -n ~ ~ ." --.c r'1 ;:........-:1 CO "'F -r? li1 I -I's:. \.!J - .J S:~O -c; ;J~ ?rl .-..... ,,,,-;,C) ern c....:> j :.;;; ....-; -;:-- :':4 0 :;:J -< \.P _...'.: -- ,-----,.----------- .----- 2/5/2004 11:23 AM FROM: 800-538-5299 Civil Actlon Gcoup TO: +1 (856) 4821199 PAGE: 003 OF 004 US Bank National FKA First Rank National Association, et. aI., Plaintiff(s) n. i\1ichael L. Gray, et. aI., Defendant(s) ~,..._---'-_.,." ." " //' . "\, '8' '" .' ". ,,' -.'.. -."- .'-' Service of Pl'ocess by APS International, Ltd. 1-800-328-7171 APS IlItnnatiuual PIau 7800 Glenroy Rd, Minneapolis, M"l 55439-3122 AFFIDAVIT OF SERVICE -- lndividual Senice of Process on: UDRE', LA W OFFICES, r.c. --\liehael L. Gray ('ourt Case "In. 0\-3500 ('hi! Term 1\1s. LiIli;1n Torres 111 Woodrrest Road Suit{' 200 Cherry Hill, N.I 08003-3620 State of: eX. T) f) S ,lj I u ~ f); '-'- ) ss. Count)' of: l:)c.....u..'rQ)., I 'f") ) , -r:: I Name of Server: ..J.9) L r h. F". ~)0h ()5o ('\ , undersib'Tled, being duly sworn, deroses and sa ys that at the time of service, s/he was over the age of twenty-one, was not a party to this actIOn: /7th ( /1ll I' c::c r"I Date/Time of Service: that on the ~daYOf"jnu(.t rj , 20t2+., <It 11 1 J to'clock ...1.lM Place of Service: at 124 park Drive ,In Middletown, PA 17057 Documeuts Sened: the undersigned served the documents described as: :\'uticc of Sheriff~s Sale uf Real Property Person Served, and Method nfService: Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Michael L. Gray Description of Person Receiving Documents: Signature of Server: By personally deiivenng them into the hands of the person to be served, ){By delivering them into the hands of ~ /6.... Con () -t ("<) suitable age and discretion residing at the Place of Service, whose relationship to the person to he served is rn t:., nc\ The pe~on receiving docum~nts is described as foJlov;s: ~~J..,(,.!'U Sex~; Skin Color '^ Jh I tc ; Hall' Color Nc~ ~'Ct II : Facial !lair Approx. Age Ju 3 $" ,Approx. Height S (p II " Approx. \\'e\ght , a person of - , ~ 0 To the best of my knowiedge and belief, said person was not engaged In the l:S \1ilitar'y at the time of serVice, Undersigned declares under penalty of perjury that the foregoing is true and correct. ~ - . '~~ "'], , . , , -" '., ,(.. 'i Sign~\'ITe~server' ~,'- v \0at\") APS International, Ltd. APS File #: 064027-0001 Subscribed and Sworn to before me this "7 I'dYJ' f' r' "0 iJ q' ay orebruQ('"J . ~ C ~ ~~A~ " ~ f?- L,/v,~ Nojry Public (j (CommissiUI\ bp\rc,) (") r-: -;::j,.. r--.;) C-'J CJ .4:"' -rj rq co I 1..0 ;'i <:? o U) o -1'1 . I-n rtt;;;';;: -om :by SQ ~".-- : l ....L .~'n r"-""-- ,~! ("') ;~: t-n Cj :i;! :J:.! -<. 2/5/2004 11:23 AN FRaN: 800-538,5299 Civil Actlon Group TO: +1 (856) 4821199 PAGE: 004 OF 004 ItS Bank National FKA first Bank National Association, et. aI., Plaintill(s) \'S. Michael L. Gray, el. ai" Defendant(s) ~,'''-,'-''-'''" . ' i// .,,',.,'. '8' ' . . . " ;/' " '" ' ,. """-U"__-'" Service of l'rocess by APS International, Ltd. 1-800-328-7171 A PS International Plaza 7800 Glenroy Rd. Minneapolis, MN 5543'1-3 J 22 AFFIDAVIT OF SERVICE -- lndividual Service of Process on: lJOREN LAW OfFICES, P.C, --1" allcy L. Gray Court Case No, 0\-3500 Ciyil Term \1 s. Lillian Torres 11\ Wnodcrest Road Suite 200 Cherry Hill, 1\.1 08003-3620 Statenf: fbl1flJjlub.n;c{ )ss. County of:1)C\ LL.-f' h. In ) Name of Server: ,Ie.; S.-o<,r,) 0.~.../ :];, h (\ S 0(1 , undersigned, bei.ng duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one. was not a party to this action: 3 t~ k that on the ~day of ,"] n I.\. {, Y'L.j at 1 J 0 1 Market Street Room 370 Date/Time of Service: Plaee of Service: Documents Served: Service of Process on: Persoll Served, ::Ind Method ot Service: Description of Persoll Reeeh'ing Documents: Signature of Server: ,20 d, at 1:00 o'clOl:k LM , In Harrishurg, PA 17103 the undersigned served the documents described as: ]\'otice of Sherifrs Sale of Real Property A true and correct copy of the aforesaid documcnt(s) 'Nas served on: ;\laney L. Gray ;:)y t:ers'V\l~\\\)' d\;i\vcn,,~ ',hem mto th~ hand:; of tile peT~,on to bc served. ~ ~' ~ V By dellverin 7 them mto the hands of ((' J U. 5 €-\.-{ :>UlldUIC a~,c gllu Ul:>vl t;L1Vlll t;:>IUIl1b 0.1 td<; 1~a. uf ~v vv, whose relatLonshlp to the person to be served 1S h-vr',t ~ <.,)C , a person 0 f Y lA) C Ii The person receiving documents is described as follows: , Sex L; Skm Color lA) kit ; Hair Color "bIOi'7Cts I ?...d; FaCIal Hair Approx, Age 4:S ; Approx, Height 5'3 il ; Approx. Weight / 00 To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Undersigned declares under penalty of perjury that the foregomg is true and correct ~R~ ~:) ()OLf rg:j~n{turc otServcr \~)ale) '..... ,/ APS International, Ltd. APS file #: 064027-0002 Subscribed and swom to before me thiS -?l'7ddavoC 06 _ )(){),f 0\ ' !- ~ ru... v.. 'l":j , - 7 (-:~~/ 71,~ 2 {"t-A-'u'~ Nota?)lbIIC i] (CO:llIl1ISSIOn [-.xpire's, (') c:; ,....., c::> = .s:;- -.., rrl c::> I ..0 :::i -<. -0 o -n ~ '"1::........ rnp.' .,..,\'1 t36 Vl ~I-~ ") :::-:-\ -,-~ ~o -;. .-'-" '-? o ..0 u.s. Bank National, et al. VS Michael L. Gray and Nancy L. Gray In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3500 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. U dren. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Poundage Share of Bills 30.00 30.00 1.00 1.72 25.24 $ 87.96 paid by attorney 4/14/03 Sworn and subscribed to before me So Answers: This AS'~ dayof~ ;~~:~,....~ ~ / -4 · . . R. Thomas Klme, steriff" 2003, A.D. L u- () !vJ.I~b ...I\...C ., ~ / /U1 B Y '-...J ad..lt Prothonotary Real Estate Deputy . 6-0 I, I'~) W Do;:J-(,. ~/' ~_ I ~, /j"/ II/-- ~~.~ ~.u. "~. u~~v~ 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . : MORTGAGE FORECLOSURE 1\', Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 - - NO. 01-3500 Civil Term Defendant(s) - AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National F/K/A First Bank National Association, TR V/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 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: 431 N. 2nd Street, Wormleysburg, PA 17043 1. Name and address of Owner{s) or reputed Owner{s) : Name Address Michael L. Gray 124 Park Drive, Middletown, PA 17057 Nancy L. Gray C/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 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. Equicredit Corp. Of PA 600 N. 3rd St., harrisburg,PA 17101 5. Name and address of every other person who has any record lien on the property: Name Address NONE ','( 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and knowledge who sale: Name address of every other person of whom the plaintiff has has any interest in the property which may be affected by the Address Tenants/Occupants 431 N. 2nd Street, Wormleysburg, PA 17043 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 subj ect to the penal ties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: December 16, 2002 . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR V/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF - COURT OF COMMON PLEAS - CIVIL DIVISION . Cumberland County : MORTGAGE FORECLOSURE '\'t, Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 . . NO. 01-3500 Civil Term Defendant{s) NOTICE OF SHERIFF'S SALE OF REAL PRQPERTY TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, 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 O~R'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take ~mme_diate actiQ~ 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: .i.B~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y..o_ILMAY--.--ET..I-.LL_B.E~_LEJJ)----'sAYE YOUR PRQEER!'.Y......A.ND YOU HAVE OTHE..lL....RIGli'rS-.-EYEN ~E-S.liE..RIFF I S SALE DOES TAKE-ELAJ:lL. l. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. l/~ 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 (lO) 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 l70l3-3387 7l7-249-3466 or 800-990-9l08 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF - COURT OF COMMON PLEAS . CIVIL DIVISION Cumberland County : MORTGAGE FORECLOSURE '\'t. Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 . NO. 01-3500 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PRO~RTY TO: Nancy L. Gray C/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. N~.T.IC..E OF O.HNE-R.~~_RI.GJiTS YQU MAY BE ABLE TO-ER~NT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take ~ediate ac~~_o~ I.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)-482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y.O.J:.I....MAX-S1I_LIL..BE.-AB.LEJ-..O.-S_~Y.QUR_E.RO~EERTY~-YO~.TIi~LGH-TS EVEN ~TliE-SaERUF I S SALE......D.oE.s---.TAK.E---.I>LAC.E_____ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. . .' ~ 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal-proceedings to evict yo~. 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP~ BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN'AND DESCRXBED AS LOT NO. 94 ON PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN ~CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED,AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIR~CTIONALONG THE EASTERN LINE OF SECOND STREET 2S FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF_THE PARTITION WALL .OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE lS0 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 2S FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 << 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. \'~ AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND,STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. BEING KNOWN AS 431 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PROPERTY ID,NO.: 47-19-1588-091 TITLE OF SAID PREMISES IS VESTED IN MICHAEL L. GRAY AND NANCY L. GRAY, HIS WIFE, BY DEED FROM STANLEY O. HAFNER AND ALMA G. HAFNER, HIS WIFE. DATED 07/05/1984, RECORDED 07/05/1984, IN DEED BOOK T30, PAGE 873. I I I i I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL F/K/A FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 5/1/98 (EQCC HOME EQillTY LOAN TRUST 1998-1) Plaintiff (s) From MICHAEL L. GRAY, 124 PARK DRIVE, MIDDLETOWN, P A 17057 AND NANCY L. GRAY C/O YMCA, 1101 MARKET STREET, ROOM #370, HARRISBURG, PA 17103 (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) 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $77,422.57 L.L. Interest FROM 10/3/01 TO DATE OF SALE 6/11/03 - PER DIEM @ $18.28 - $11,278.76 Atty's Comm % Due Prothy $1.00 Atty Paid $1,166.36 Plaintiff Paid Date: DECEMBER 26, 2002 Other Costs CURTIS R. LONG (Seal) PWo,o:a p ~ ~y: O//" .e '~'p/)' ~ Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SillTE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 Real Estate Sale # 12 On February 5,2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A known and numbered as 431 North 2nd Street, W ormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 5, 2003 BYkJ c'cLcf~ Svu,-i.J-\ Real Estate Deputy ~ ~ ?~ ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR V/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray 124 Park Drive Middletown, PA 17057 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: July 25, 2001 ~ & AS~OCIATES Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF 0' 8 c::::;;s;:- w a N ~ --t:. ~ ::s SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2001-03500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL VS GRAY MICHAEL L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GRAY NANCY L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 4th, 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 09/04/2001 MARK UDREN S7~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /;,(~ day of ~AJ~ e2 tn> / C;I"'LO I A.D. C! '1h< t?iL/ ~~ Prothonota'r In The Court of Common Pleas of Cumberland County, Pennsylvania us Bank National VS. Michael L. Gray et al SERVE: Nancy L. Gray No. 01 3500 civil Now, July 31, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(/LY ~#.4' '~~"A .r .....~" ~"_"''''""".~<~.,~e~-r Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ @ffict of flr~ ~4~riff William T. Tully Solicitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania US BANK NATIONAL vs County of Dauphin GRAY NANCY L Sheriff's Return No. 2094-T - -2001 OTHER COUNTY NO. 01-3500 AND NOW: August 28, 2001 at 11:17AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon GRAY NANCY L by personally handing to JEN COOPER, PERSON IN CHARGE 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1101 MARKET ST. ROOM 370 HARRISBURG, PA 17103-0000 Sworn and subscribed to So Answers, JK~ Sheriff of Dauphin County, Pa. BY~~ Deputy Sheriff before me this 28TH day of AUGUST, 2001 (\ StfknJ C-. ( f)~ PROTHONOTARY Sheriff's Costs: $25.50 PD 08/03/2001 RCPT NO 152701 HOPKINS ....... MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff . NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Defendant{s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: October 2, 2001 MARK J. UDREN & ASSOCIATES blD.i Mark J. Ud~n, Esquire Attorney for Plaintiff .~ . ~ . V_E ..-R---LL~C~T-J:-.J2..N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -:SD\~ ~lg:o\ ~#.~ N~me : J....~ Tltle: ~\~~A "'^\~~ Company: li"wa ~.,o.L,.;... o s d}P:: ~~-'''- -;.,;:" r" ~.~ 1.... (j)--: -< ~ ~f2 :;...:: :<! .:" c::> a n -l co :'..". ill ~:-~-~ ".,. --~ :(J -< MARK J. UDREN & ASSOCIATES . BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) ERAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: December 6, 2001 BY:~~--- Mark J. Udren, ESQUIRE Attorney for Plaintiff II, L7 r_~ US Bank I\'ational FKA First Bank National Association, et. aI., Plaintiff( s) \1, Sel'\'ice of Process by APS International. Ltd. 1-800-328- 7171 . VS. Gl'ay, et. aI., Defendant(s) \ ,~ 1.\ I H('''.\~ Ill\~\l l\. "~' ----,-~~ ~~*' - ... j L, r" APS International Plaza 7800 Glenroy Rd. Minneapolis. MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual Sel'\' ice of P,'ocess on: MARKJ. l1DREN --Nancy L. Gray Court Case No. 01-3500 Civil Term Ms. Alice Dick 1040 NOl1b Kings Higbway Suite 500 Cbel'l'Y HilL NJ 08034 ~ -- - "'J'\)- - - -I - ~ ~: - - - - - - -, - - - - - - --- - -- ... - - - - - - - - - - - --, - - - State of: ~ VI A-<; ~I l./Q Me'\.. ) ss. County of: ()1t(A.{?f'iltV j Name of Sel'ver: , ~~~f I.r. ~\..l9 h {\ 36 n . undersigned. being duly sworn. deposes and says that at the time of service, s!he was over the age of twenty-one. was not a party to this action; Date/Time of Service: that on the B-clayof (00 V.Q li1....., b..e r . 'P:.ou.../-. at '-I: 3 So'clock yo M Place of Service: at J I D ( v0u f (Uj-I) f- ((vv-, '3 'f-o . city of ~() r r i5 b LA!) . state of P 0\.. Documents Served: Service of Process on: Pel'Son Served, and Method of S'C't'vke: Description of Person Receiving Documents: Signaturl.' of Sel'ver: the undersigned served the documents described as: Notice of Sheriff"s Sale of Real Pl'Opel'ty A lme and correct copy of the aforesaid docl1ment(s) was served on: Nancy L Gmy By personally delivering them into the hands of the person to be ~,erved. [J By delivering them into the hands at suitable age and discretion residing at the Place of Service. whose relationship to the person to he served is , a person of The person receiving documents is described as follows: Sex -E.: Skin Color tv, : Hair Color 8{ 0 n. cl.R : Facial Hair fJ \J Approx. Age '?; 5 ; Approx. Height 5 '.5- " : Approx. Weight I !-S- II To the best oJ my knowledge and belief. said person was not engaged in the US Military at the time of service. ~ (C>t ~ Se. ~ Si Subscribed and swor::. to before me this ~ ~ Wl bY-iC 2.L:v ( ~lIV---- (Commission E)qJires) APS File #: 049365-0001 ~ \1', Se,'vice of Process by APS International, Ltd. 1-800-328- 7171 US Bm(" Nation~1 FKA Fit'st Bank National Association, et. aI., PlaintilI(s) vs. 61'aJ' et. aI., befendant(s) ,"~ 1\ I H,:".\\ In~\L , . ,--:'i - - APS Intel'Dational Plaza 7800 GleDl'oy Rd. Minneapolis. MN 55439-3122 ,.. i 1'\1 AFFIDAVIT OF SERVICE.. Individual Sel'Vice of Process on: --Michael L. Gray Court Case No. 01-3500 Civil Term MARKJ. UDREN Ms. Alice Dick 1040 North Kings Highway Suite 500 Chel'l'Y Hil~ NJ 08034 - I - - - -- -f."\, - - - - - --: - -- - - - -- - - - - - - ,-- - - ~, - -- - - - - - - - - - - - - - Sta'te of: 'J'12ftl\Sj {lJ .... ^ (ClL. ) ss. . County of: ~~ h-.~ ) Name of Server: Jr:,~ }2' J(j It n 51 C h . undersigned, being duly sworn. deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action: Date(fime of Service: that on the J.1..!::davof Place of Scn-ice: at f& y ~ y (C/Jf<.. l'Uov'-{ WI- 'kLt r ,2aJL.., at L('OS-o'clock 17- M . city of A/), 01 J {<(J /oW.1 ,state of j:J~ Documents Served: Service of Process on: Person Sel'ved, and Method of Senice: Description of Person Receiving Documents: Signature of Server: the undersigned served the documents described as: Notice ofSherifl"s Sale of Real Pl'opel-ty A tme and correct copy of the aforesaid documetlt(s) was served on: Michael L Gray '" J:::1 y personalty delivering them into the hands of the persall to he served. -- , ( ~y delivering them into the hands of {o ( I'l 0 it l'\...( Y S suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is Ii e L(}t~ ().x+ '" , a person of ka.r-- The per~on receiving documents is described as foHows: I Scx~: Skin ('alar \A.) ; Hair Color f<qJ ,q/r,,,J; FacialHair (\)0 Approx. Age Lf D - '-I '): Approx. Height ')-' if) ( I : Approx. Weight I L/ S- D To the best of my knowledge and belief, said persall was not engaged in the US Military at the time of service. Undersigned declares uuder penalty of perjl;ry that the for oing is tnIe and correct. Subscribed and sworn to before me this da y of ,ZOoI (Ddtp) APS File #: ()..I9365-0002 ~ D ~ (\ o o V1 ~ c <;-:~ ~-, -,. (.. MARK J. UDREN & ASSOCIATES BY; Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Michael L. Gray Nancy L. Gray :NO. 01-3500 Civil Term Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant (s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of;18 Pa~C.S. Section 4904 relating to unsworn falsification to authorities. Dated: February 13, 2002 MARK J. UDRBN & ASSOCIATES BY: Mark J. Udren, ijsquire Attorney for Pl~intiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) DATE: October 23, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY cXH'8'l" A OWNER{S): MICHAEL L. GRAY & NANCY L. GRAY PROPERTY: 431 N. 2nd Street, Wormleysburg, PA 17043 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the ~umher1a~ County Sheriff's Sale on March 6, 2002, at 10:00 A.M., at the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, 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. r"-\ .> .> .> .> -u ~o (]I J>. (.0) N (j) V' Cii. "'{'\ 0.:1 0 !Ic ... I (1)% '3 co CO (,,:I :I'" ~ 0.0 co- -l "'"1:) (1) (l) <II ~ ?Jci Gl .2, ~i. .> <:'Z (0 (1)C (0 0.3 J>. ~a ~ "1:)~ 00 ",- ...."1:) o {i' ~g (1)'" .> .> "1:) 0 '" 3 ~ -n ~ 0 "1:) ... ~ 3 Z ~ '" ::3 Co (ll Ul a ~ i_ :::0 (ll (') g 0 <: 3 5' <.0 -0 m 4i ~ i ~ 0- (ll .s: ~ :2 -0 % -.... ... ;1l3t::ri .; g"~ - :" . ~l.r - ~~o~t :) Uo'5"Q) ~<D ~ ~"t\\o..3 ;1 ,,'" g""' 0 \\o.3=" g ... ~~~;9..9.. OJ ~':i-g8g~ ~ "g~- ia "'0 ~~~g~,! 0 .. ~ ..~ ~ ~ S" g~.~"",~e "g",~.. 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W. a ('):t. ::T~ 00?J9 ~ ~ ~ ~<g, ~ ~~ ~g.~~ o "1:) co ~ .-p~~o.."'S ::;; i;') ~ or ~.g ,:J~(IJ-~~' (O<rs5"'~ <g,~"::~ <II r-.iaGi % S"=' 0 lllC> ';<: <:.5'g(1) 0' ~~ (1) .... c; ~ (1) (1) 0. ~g~ 9:'2:>< 5a'rn :Jt\lt\l ~<i3 c>0'O o-::T '%, % ~ U') ~(1) os' -' -to fit" ~.9. ~ '" _(1) aOo. ~....~ 0"'" ::i;~ 'fA (')(1)% oo~ * 0." !a. \:j " -n~"' ~';oo?, ~ '" -n (I) -%' ~9- -n(l) ~~ ,-, --...- ~-- .... I" ~... I' IL rII . ,.- F \_'" ,. 0-.1111 -I'-' ?l ?J~ 3 0 III ~ a '." (1) (1) - MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust" 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ' ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant (s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: December 6, 2001 MARK J. UDREN & ASSOCIATES BY:~ _ Mark J. Udren, ESQUIRE Attorney for Plaintiff EXHIBIT B L;::> ~-~ US Bank National FKA Fit.~t Bank National A~sociation, et. aI., PlaintitT( s) vs. Guy, et. aI., Defendant(s) ~','- ""'\ '~ -"..- '-'~r"" -..:_~' Sel'Vice of Process by APS International, Ltd. 1-800-328-7171 APS Intel'Dutional Plaza 7800 Glenroy Rd. Minneapolis, MN 55439.3122 AFFIDAVIT OF SERVICE -- Individual MARK i. UDREN Sel'V ice of Proce;;~ on: .-Nancy L. Gray Court Case No. 01-3500 Civil Term M~. Alice Dick 1040 North King~ Highway Suite 500 Chen-y Hill, NJ 08034 -S~t;o~ tp~n~~IJI ~a.~; - )SS~ - - - - - - - - - County o1':D (tCA.-P/f ItV ---> ' Name of Server: .... )65-f In r \.)6 h (\ S6Yl , undersigned, being duly sworn, deposes and says that at the time of service, s!he was over the age of twenty-one, was not a party to this action; Daterrime of Sel'vice:, that on the ~day of f-Jo VQ Ii"" b...Q r. , r;oa..t-, at 4:) .so'clock yo M at/I D( V0o.dLRj--~ 1- R.VV\ -"3 f-o ,city of J-/() (ItS b LA.-' ,state of rp~ Place of Set'vice:' Documl'llts Set'ved: ' Service of Pt'ocess Oil: Pet'soll Served, and Method of Service: Descl'iption of,Persoll Receiving Documents.: " . Signahu'e of Sel'vel': the undersigned served the documents described as: Notice of Shedtl"s Sale of Rea I Propet.ty A tme and correct copy of the aforesaid document(s) was served on: Nancy L Gray By personally delivering them into the hands of the perso!l to be se~ed, o By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of The person receiving documents is described as follows: Sex~; Skiu Color W. ; Hair Color (J ( 0 ^ d..R ; Facial Hair tJ I..) Approx. Age ?:> S- ; Approx. Height 5 '..5- r, ; Approx. Weight I rS- o To the best of my knowledge aud belief, saicl persoll was not engaged in the US Military at the time of service. G {",- s. Se ~ 2Lo-L Si APS File #: 049365,0001 EXHIBIT B US Bank National FKA Fil.~t Bank National A~~ociation, et. aI., PlaintiIT(~) VS. Gray, tit. aI., 'Defeudant(s) Se,-vke of Pl'OCeS1i by APS International, Ltd. 1-800-328-7171 APS Intemational Plaza 7800 Glenroy Rd. Minoeapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual Service of Pl'oces~ on: --Michael L. Gt'ay COUl.t Case No. 01-3500 Civil Term MARK J. UDREN Ms. Alice Dick 1040 N01-tb Kings Highway Suite 500 Cherry Hil~ NJ 08034 - -, - - -,c)_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of: ')'-1l.fl, I\S-J (v .... ^ ~ c...... ) ss, County of: .'f::a-~ ~ .) Name of Selover: cJb,~ )2. Jc:r h,n&<fn ' undersigned, being duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action; DaterrimeofSel'vice: thatonthe ~iayof NotN..M.-'~.Y-' ,0000L,at ",I(:~o'clock'1'7- M Plllce of Sen'ice: at /7.,.. <I fa. r- f< J:JR,. , city of )/J{ d J (..e low n. ,state of Pa..... Documents Served: Service of Process on: Person Served; and Method of Set'Vice: Desct'iption of Person Receiving Documents: Signatut'e of Set'vet.: the undersigned servecl the documents described as: Notice of Shedtl~s Sale of Real Pl'Opet'ty A tme and correct copy of the aforesaid dOCllment(s) was served on: Michael L Gray, . ~ . tD y personally delivering them into the hanels of the person to be served. --- ., ~y delivering them into the hands of (0 (r.t (.o)t ~\r $ suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is /--1 e L ;ut..~ (}X+~ , a person of 'A!l r-- The person receiving documents is described as follows: I Sex~; Skin Color W ; Hair Color ~d AIr\." ~ ; FacialHair No Approx.Age LtD- 4'); Approx.Height 5'[1) 'I ; Approx.Weight I Lj.<5' o To the best of my knowledge and belief, said persall was not engaged in the US Military at the time of service. Undersigned declares under penalty of perjury that the for ,O'oing is tme and correct. Subscribed and sworn to before me this clay of , c.~ (Date) APS File #: 049365-0002 EXHIBIT E] o ('-J ~ 1J ':. f ._' -. ~ ( .. w . I - VI ~. ~ u.s. Bank National flk/a First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) VS Michael L. Gray and Nancy L. Gray In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3500 Civil Term ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. Udren. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Out of County Dauphin County Advertising Certified Mail Poundage Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 24.20 10.40 15.00 9.00 34.25 15.00 2.35 17.26 367.70 308.70 $880.36 Paid by attorney 4-22-02 Sworn and subscribed to before me ?~-~<~ " This ~ day of ~ 2002, A.D. q-<jl7.,L 0. ~.ihJ liftr R. Thomas Kline, Sheriff BY -JocLy s,vti-k1. Real Estate Deputy Prothonotary , ')'1) \ , C.k. ~ ~ '10 ( J~' /)'I74D MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS ,HIGHWAY, SUITE 500 CHERRY HILL" NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L.' Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 . . NO. 01-3500 Civil Term Defendant(s) . AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 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: 431 N. 2nd Street Wormleysburg, PA 17043 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Michael L. Gray 124 Park Drive, Middletown, PA 17057 c/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 2. Name and add~ess of Defendant(s) in the judgment: Name Address Nancy L. Gray 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. Equicredit Corp. Of PA 600 N. 3rd St., harrisburg,PA 17101 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by ,/ Address Tenants/Occupants 431 N. 2nd Street, Wormleysburg, PA 17043 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: October 2, 2001 REN & ASSOCIATES , MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 . . NO. 01-3500 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Your house (real estate) at 431 N. 2nd Street, wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on March 6, 2002, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, 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) 482-6900 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.) YQ.~MAY....S-T.ILI.LltE-ABLK-T...CLSAjlE~QInL...PJ?-'>~RTY AND YOU ~ OTHE~HTS EYE~~~~E PLACL 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS CIVIL DIVISION - Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 - . NO. 01-3500 Civil Term Defendant(s) NOTICE-QF SHERIFF'S SALE OF REAL PROPERTY TO: Nancy L.Gray C/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled 'to be sold at the Sheriff's Sale on March 6, 2002, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, 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) -482-6900. 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.) YQ..U~~'ll.L~B.E......AB-L_~T.O--.S.AYE---.YQ..~RQJ2ER1'Y Alm YOU ~VlL.QTHER RI--.GHTS EVEN IF THE SKKRIFF' S SALE DO.ES--'l'AK~.E.... 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP, BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN LINE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 25 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 & 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. BEING KNOWN AS 431 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PROPERTY ID NO.: 47-19-1588-091 TITLE OF SAID PREMISES IS VESTED IN MICHAEL L. GRAY AND NANCY L. GRAY, HIS WIFE, BY DEED FROM STANLEY O. HAFNER AND ALMA G. HAFNER, HIS WIFE. DATED 07/05/1984, RECORDED 07/05/1984, IN DEED BOOK T30, PAGE 873. , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-1'100 CIVIL 1~----TE.RM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) from Michael L. Gray, 124 Park Drive, Middletown, PA 17057 and Nancy L. Gray, C/O YMCA, 1101 Market Street, Roam #370, Harrisburg, PA 17103 PLAINTIFF(S) DEFENDANT(S) (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 tile 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/are 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 $77 , 422.57 L.L. from 10/3/01 to date of sale 3/6/02 Interest Per diem @ $18.28 - $2,833.40 Due Prothy $.50 $1.00 Atty's Comm Atty Paid Plaintiff Paid Other Costs 0/0 $273.50 Date: October _l~JQ~_,______ Curtis R. Lonq Prothonotary, Civil Division ~,/2.7pa~r Deputy -..bY : REQUESTING PARTY: Name Mark J. Udren, ~~~_ Address: 1040 N. Kings Highway, Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-482-6900 Supreme Court ID No. 08034 Suite 500 REAL ESTATE S,4lE No. ~ On October 29, 2001, the sheriff levied upon the defendant's interest in the real property situated in Borough ofWormleysburg, Cumberland County, PA, known and numbered as 431 N. 2nd Street, W ormleysburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29,2001 By: gedLl S. S~ ReaC E~tate Deputy c; ~ \,:... 'J,..) (\ \ 1'j~ \.\ ., :\ ,\\,1 h\ ,\.;1\., - - ~ ~ c::\T\l c:::::::s @> ~ '" " ~ 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. 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 on the 29th day(s) January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ' fl .............................. ... ........! :~......................... PU BLlCA TION COPY S ALE #6 r 2002 A.D. Nolarial Seal Terry l. RUS$~II. Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2002 Member, Pennsylvania ASSOCiation 01 Notari y commission expires June 6, 2002 ~ CUMBERLAND COUNlY SHERIFFS OFFICE CUMBERlAND COUNlY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 307.20 1.50 308.70 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTATE SALE No.6 Writ No. 2001.3500 Civil Term U. S. Bank National 'Mal First Bank National Association, TR. UtA DTD 511198 (EQCC Home Equity Loan Trust 1998.1' va Michael L. Gray Nancy L. Gray Atty: Mark J. Udren DESCRIPTION ALL THAT CER?AIN lot of land formerly situate in East Pennsboro Township. but now in the Borough of Wormleysburg, Cumberland County. PennsylVania. known and described as Lot No, 94 on PI~n No, 3 of Edgewater, Said Plan being recorded in Cumberland County Recorder's Office in Plan Book I, Page 71. Said lot is more particularly bounded and described as follows, to wit: BEGINNING at a point on the Ea~tern line of Second Street at the dividing line between Lots Nos. 94 and 95 on said Plan, said point being 400 feet measured Northwardly along Second Street from the Northeast corner of Second and Elm Streets; thence in a Southerly direction along the Eastern line of Second Street 25 feet to a point on the dividing line between Lots Nos, 93 and 94, said dividing line passing through the center of tbe partition wall of the double two-story brick and frame dwelling erected in part upon the lot herein described; thence in an Easterly direction along said last mentioned line 150 feet to River Alley; thence in a Northerly direction along the Western line of River Alley 25 feet to the dividing line betw~n Lots, No. 94 and 95 on said Plan; thence in a Westerly direction along said last mentioned line ISO feet to the point or place of BEGINNING, AND THEREON e;.ected the Northern half of said two-story brick and frame dwelling house known as 43\ N, Second Street. UNDER and subject, nevertheless, to restrictions, conditions and easements of prior record pertaining to said premises, BEING known as 431 North Second Street, Wormleysburg, PA 17041 PROPERTY lD No.: 47-\9-1588-091. TITLE of said premises is vested in Michael L. Gray and Nancy L Gray, his wife, by deed from Stanley 0, Hafnerand Alma G, Hafner, his wife, dated 07/05/1984, recorded 07/0511984, in Deed PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 25, FEBRUARY 1, 8,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 1\.T r\t<lry~",C"'''''''''''''' ~~:,~'~"'_. ~l.:.'1"J.-,;;.;g_~!:.l,"".~~;,'Y.W.~"':"'ti;,\.t.::t' .~. ~:~,(~,::~~L ~ r " Public ,~',.,., G/JU1~ ~ t"iy Cor.'l1lli~;; ~0\'D$March 5, REAL ESTATE SALE NO. 6 Writ No. 2001-3500 Civil U.S. Bank National f/k/a First Bank National Association. TR. U/A DID 5/1/98 (EQCC Home Equity Loan Trust 1998-1) vs. Michael L. Gray and Nancy L. Gray Atty.: Mark J. Udren ALL THAT CERTAIN lot of land formerly situate in East Pennsboro Township, but now in the Borough ofWormleysburg, Cumberland Coun- ty, Pennsylvania. known and de- scribed as Lot No. 94 on Plan No. 3 of Edgewater. Said plan being re- corded in Cumberland County Re- corder's Office in Plan Book 1,' page 71. Said lot is more particularly bounded and described as follows. to wit: BEGINNING at a point on the eastern line of Second Street at the dividing line between Lots Nos. 94 and 95 on said plan. said point be- ing 400 feet measured northwardly along Second Street from the north- east corner of Second and Elm Streets: thence in a southerly di- rection along the eastern line of Sec- ond Street 25 feet to a point on the dividing line between Lots Nos. 93 and 94, said dividing line passing through the center of the partition wall of the double two story brick and frame dwelling erected in part upon the lot herein described: thence in an easterly direction along said last mentioned line 150 feet to river alley: thence in a northerly di- rection along the western line of River AIley 25 feet to the dividing line between Lots Nos. 94 & 95 on said plan: thence in a westerly di- rection along said last mentioned line 150 feet to the point or place of beginning. AND THEREON ERECTED the northern half of said two story brick and frame dwelling house known as 431 N. Second Street. UNDER AND SUBJECT. never- theless. to restrictions. conditions and easements of prior record per- taining to said premises. BEING KNOWN AS 431 North 2nd Street. Wormleysburg, PA 17043. PROPERlY ID NO.: 47-19-1588- 091. TITLE OF SAID PREMISES IS VESTED IN Michael L. Gray and Nancy L. Gray. his wife. by deed from Stanley O. Hafner and AIma G. Hafner, his wife. Dated 07/05/ 1984, Recorded 07/05/1984, in Deed Book T30, page 873. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. . Michael L. Gray . NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant{s) PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE SHERIFF: Please Reissue Writ of Execution in the above matter: Amount due $.2L-422. 57 Interest From QCI~JQ~~,~O~~ 11,278~ to Date of SaleJ:.un.e---.lJ.-I--.2.QQ3. Per diem @$18.28 (Costs to be added) $ MARK J. UDREN & ASSOCIATES U en, ESQUIRE FOR PLAINTIFF ~ V) r- p0 ~ ~ - - \l- ('(~ -lQ.. f- - . ~ w ~ V, ~ ~ ~ G ~ ~ , ~, V'\ <A - - :t- - ~ \J tI) ~ '- .!, ~ .. _ lV III J:: ~ "1 ~ (f1 9' ~ ~ -:- ..0 '-' '" \) '0 ;" <>> '" i) R P '.4 \) \) \) \) r \) C ",VI CJt \) \ \ ' \ \ , \ I I ;;J _ _ _ _ :: ~r -'::. -~--...", ~=!? - '" ::..::. - - :.. : # <:) c-, () c: NIl Z. ("-'1 -1") ie" ,""-" ii'" ~ ~:, <c.,'~ ,'_.' --;;"'''' < 52 ~} ._/ ~ - -<. {::;. -------------- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 ATTORNEY FOR PLAINTIFF . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE - - NO. 01-3500 Civil Term Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. . UDREN & ASSOCIATES (') ~ "'TJiL ?~p S; r::: ~(~.. ~~ ~ ,..~---~';"-- . ~ .....' 1',) ~:-," 'r1 ,~'~) N CJ", 9 (:;) MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire . ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 . - NO. 01-3500 Civil Term Defendant(s) - AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 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: 431 N. 2nd Street, Wormleysburg, PA 17043 1. Name and address of Owner{s) or reputed Owner(s) : Name Address Michael L. Gray 124 Park Drive, Middletown, PA 17057 Nancy L. Gray C/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 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. Equicredit Corp. Of PA 600 N. 3rd St., harrisburg,PA 17101 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and knowledge who sale: Name address of every other person of whom the plaintiff has has any interest in the property which may be affected by the Address Tenants/Occupants 431 N. 2nd Street, Wormleysburg, PA 17043 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 subj ect to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: December 16, 2002 () 0 c:. \"0 -:",,;.-.Y ~ f-' -oj rr-, r"'l ~)CI C) Z )~:i N U) 0-' ~ 1.:. '-.:.::" ~~ ):.; -' ") ;S (-) ~j 'J;--~ C::::. ~',~~ ~=. :.r~:,: -) {~ ~a -- -<. ".---- .--------------' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire 4~TTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION - Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 - . NO. 01-3500 Civil Term Defendant(s) N.O.T.LC.E.--OF--.-S.HER:I.E'F~ALE OF REAlL.P.RC'-PER~ TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NO_TLCE_OE'-Ol'mER--'-S-RIGH.T.B YQU MAY BE ABLE TO PREVENT THIS SHERIFF'~L~ To prevent this Sheriff's Sale, you must take imm~~La~~a~~i_Qn~ 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: J856) 4B~JLO~ 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.) x.OJ1_MAY-.-S_T_ILk...B~---.AaLE_T~'LSAYE_YOJ1R_P_RQEERTLAND_YOJ1----.HA'lE~THE.R.--B.IGK.TS-.--EYEN LL'I'1iE-.-S_HERI_E'.~J)----.S.ALE.---D-'>ES_TAKE_P_LAr:.E_,,- ~ '. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 -_...----' ------- ;?; ~4', Z....,> .J!:_ (J) ~ ~_/ ~c 5'-f2 :?.: ~ o f;; , ' o \...) ::::J ~' " C) 1') C" (j :-i1 ~~ _.~,. - C":) ., ,------------ MARK J. UDREN & ASSOCIATES '" J.3Y: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 - NO. 01-3500 Civil Term Defendant(s) H.Q'I'_I_CE_OL...S_HERI.FY~S_AL~E'...REA~~E.R'l'Y TO: Nancy L. Gray C/O YMCA, 1101 Market Street, Room #370 Harrisburg, PA 17103 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, to enforce the court judgment of $77,422.57, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NO-'I'-LCE_Q_E'.-OJ'mER'.S_,RIGHTS YDlLl"lAY-BE-ABLE-~EREYEJ:IT.J'H~HERIEE.'...S~E To prevent this Sheriff's Sale, you must take i~edL~~a~t~_Q~ I.The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: lE5~B2~~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 'YQJL._MA'L.S.T.I.LL~E..AB_!LEJ_O~SA VE~YQl1R~RQEERT.Y_AND_YO_Q..HAYE-O-'!.HER__RI.G_H.T_S---.E'LEN · .;J:_F-..TH.E-...SliER.I_~~--.-SAL-E_DQE$--..TAKR...PLA.c_E~- 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 ><-.-----' ., ".--------~... 0 0 C) C r'~) '11 ~: 0 _J ,j F' r'1 nl L; C) Z ::?:. t N (/) : 0', .-/ r::: r~ ')> ~ ?-~ - :;:~ C' c I >~ t'~"'""I \~ ;~i C ~":' -/ .<-- ~ jJ -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-3500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL F/K/A FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 5/1/98 (EQCC HOME EQUITY LOAN TRUST 1998-1) Plaintiff (s) From MICHAEL L. GRAY, 124 PARK DRIVE, MIDDLETOWN, PA 17057 AND NANCYL. GRAY C/O YMCA, 1101 MARKET STREET, ROOM #370, HARRISBURG, PA 17103 (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $77,422.57 L.L. Interest FROM 10/3/01 TO DATE OF SALE 6/11/03 - PER DIEM @ $18.28 - $11,278.76 Atty's Comm % Due Prothy $1.00 Atty Paid $1,166.36 Plaintiff Paid Date: DECEMBER 26, 2002 Other Costs CURTIS R. LONG (Seal) Pmthonot,rY [2 2f2 ~(J--r e.- JZ/J-cz.u----- Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 U.S. BANK NATIONAL F/K/A FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 5/1/98 (EQCC HOME EQUITY LOAN TRUST 1998-1) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3500 Civil Term vs. MICHAEL L. GRAY NANCY L. GRAY MICHAEL L. GRAY Defendants ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Mark J. Udren, Esquire, for the purpose of representing the Plaintiff at Argument Court to be held at 9:00 a.m. on Monday, September 27, 2004 in Courtroom No. ~>(/n ~~' '. Date: September 24, 2004 ~ P ~ Dale F. Shughart, r. Supreme Court I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 cc: Mark J. Udren, Esquire ~ 0 c:-> -r'" .s:'" (/') r'1~'\ -.l.J r<> ~ ~,. :3: -- -- -- ...0 ".-------- SE~ 2004 (j UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Michael L. Gray Nancy L. Gray - : NO. 01-3500 Civil Term Defendant(s) ORDER fC --~ f AND NOW, to wit, this ~y of '7'1' ~..... - .. , 200 , upon consideration of Plaintiff's Motion for Reassessment of Damages, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on July 26, 2004, Returnable August 20, 2004, is hereby made Absolute. It is further ORDERED that the Motion to Make Rule Absolute for the Motion for Reassessment of Damages should read as follows: The Prothonotary is ORDERED to reassess the damages, in the amount of $108,739.26 as more particularly set forth below: Principal of Debt Due and Unpaid $65,390.48 Interest pursuant to the Mortgage/Note from 8/5/00 to 7/14/04 at 10.5% (the per diem interest accruing on this debt is $18.28) $24,923.75 Escrow Overdraft/Balance (Taxes/Insurance) (Pursuant to the Mortgage) $5,369.18 Late Charges (Monthly late charges of $33.26 should be added in accordance with the terms of the Note each month after 7/14/04) Interest on Advances ).L~M ~0 .or1 9.2. (1-(J '-I. $863.27 $1,322.08 Prior Interest on Advances $302.09 Broker's Price Opinion Property Preservation Property Inspections Foreclosure Costs to Date (Allowable pursuant to the Mortgage, including Title Report, Complaint Filing Fee, Service of Pleadings Fee, Listing for Sheriff's Sale, etc.) Reasonable Attorney Fees (5% of principal balance of $65,390.48, pursuant to the Mortgage) TOTAL BY J. $1,563.32 $720.00 $287.05 $4,728.52 $3,269.52 $108,739.26 t2, v:; ,,J)q s;~ (':) IJ.- -(' 'Q\~~ ,,1-..,0:' \:t\00- ~~ \.,-1 u..-.-'"~ \-- '6 c...) (!"'J (fl ~ 0.-- ~ ~ ~ fk ~ ~ ./-'" -;:ld C?"~ (_:J A~ ,-):3 ';~~ ""~ \-U i:.\..\ Q... _or';' ~ o ------.'... >.~.------ ...------- ' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Michael L. Gray Nancy L. Gray - : NO. 01-3500 Civil Term Defendant(s) MOTION TO MAKE RULE ABSOLUTE Plaintiff, U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998- 1), by its Attorney, Mark J. Udren, Esquire, moves for a Rule Absolute, thereby granting Plaintiff the relief prayed for in its Motion for Reassessment of Damages and in support thereof, avers as follows: 1. A Motion for Reassessment of Damages, together with a Rule to Show Cause why said Motion should not be granted was filed by counsel for Plaintiff on July 16, 2004. 2. The Rule to Show Cause was entered on July 26, 2004 with a Rule Returnable date of August 20, 2004. A true and correct copy of the Rule is attached hereto as Exhibit "A". 3. On August 2, 2004, Mark J. Udren, Esquire, attorney for Plaintiff, served a true and correct copy of the Rule to Show Cause upon all the Defendant(s), interested person(s), and/or attorney(s) Via First Class Mail by Certificate of Service. A true and correct copy of the Certificate of Service is attached hereto and marked Exhibit "B". 4. To the best of Plaintiff1s knowledge, information and belief, no response was filed or any objections interposed by any of the served parties, attorneys, and/or interested persons. Therefore, no cause has been shown as to why the relief prayed for in said Motion for Reassessment of Damages should not be granted. 5. The Rule to Show Cause should be made Absolute and the relief prayed for in the Plaintiff's Motion for Reassessment of Damages should be granted. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order making the Rule Absolute and therefore grant the relief prayed for in its Motion for Reassessment of Damages. Respectfully UDREN LAW F BY: Mark J. U r Attorney ~o l JUL 2 3 2C04 i UDREN LAW OFFICES, P.c. BY: MARK J. UDREN, ESQUIRE ATTY. I.D. NO. 04302 WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National FIK/A First Bank National Association, TR VIA DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) RULE TO SHOW CAUSE AND NOW, this lCo ~y of ~ 2004 upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; 2. The Respondent may file an Answer to the Petition on or before ~ ~';O{) t/ ,I 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; 4. Depositions shall be completed within'~days ofthe date of this Order; 5. Argument shall be held on )~ ",? , 20 tJ " , in .,,- ^', r--~ ~.oo" M. Courtroom ~ , of the Cumberland County Courthouse; and . " 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. 1. EXHIBIT ,A ...... 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 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray Michael L. Gray Defendant(s) NO. 01-3500 Civil T~@(Q)~ CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Rule to Show Cause with a Rule Returnable Date of August 20, 2004 and a Hearing Date of September 27, 2004 in regards to the Motion for Reassessmen~of (') ,= 0 Damages upon the following person(s) named herein at the~ ~st~ ~ :r: known a:: or the::~:::r:::s:f c::::r:~il r' l.~?. \\ ..- Certified Mail 0 ~ Other (Certificate of mailing) Date Served: <??\a \aL\ TO: Michael L. Gray 124 Park Avenue Middletown, PA 17057 Nancy L. Gray 1101 Market Street, Rm #370 Harrisburg, PA 17103 UDREN LAW OFFICES, P.C. B;~~ Mark J. Udren, Esquire Attorney for Plaintiff/Movant ...'!" ., EXHIBIT P -- ,. . , .. VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion To Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. By: Mark J. Udr Attorney for Dated:~~\~~ ---------- ' ;:.', C) c, I'"--J c:::':l <.-:'::-:-> C.:; -n (/) _.I ,~(") CJ (.0 ~ UDREN LAW OFFICES, P.c. BY: MARK J. UDREN, ESQUIRE ATTY. I.D. NO. 04302 WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National FIK/A First Bank National Association, TR UI A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Michael L. Gray Nancy L. Gray NO. 01-3500 Civil Term Defendant( s) ORDER AND NOW, this J~y of ~ , 200f , Upon consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto, the Prothonotary is ORDERED to reassess the damages, in the amount of$108,739.26 as more particularly set forth below: Principal of Debt Due and Unpaid $65,390.48 Interest pursuant to the Mortgage/Note from 8/5/00 to 7/14/04 at 10.5% (the per diem interest accruing on this debt is $18.28) $24,923.75 Escrow Overdraft/Ba1ance (Taxes/Insurance )(Pursuant to the Mortgage) $5,369.18 Late Charges (Monthly late charges of$33.26 should be added in accordance with the terms of the Note each month after 7/14/04) $863.27 Interest on Advances $1,322.08 Prior Interest on Advances $302.09 Broker's Price Opinion $1,563.32 Property Preservation $720.00 Property Inspections Foreclosure Costs to Date (Allowable pursuant to the Mortgage, including Title Report, Complaint Filing Fee, Service of Pleadings Fee, Listing for Sheriff s Sale, etc.) Reasonable Attorney Fees (5% of principal balance of $65,390.48, pursuant to the Mortgage) TOTAL ~'-J7-ocf p~ SUU~ +IJ '0u ~ t '5~WL"] qr)Z-O+ ~-k MtG~L~c NJLC;u $287.05 $4,728.52 $3,269.52 $108,739.26 J. .. U.S. BANK NATIONAL F/K/A FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 5/1/98 (EQCC HOME EQUITY LOAN TRUST 1998-1) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3500 Civil Term vs. MICHAEL L. GRAY NANCY L. GRAY MICHAEL L. GRAY Defendants MOTION FOR RULE ABSOLUTE AND NOW, comes the Plaintiff, by its local counsel, Dale F. Shughart, Jr., Esquire, and avers as follows: 1. Defendants have not filed an Answer to Plaintiff's Petition. 2 . Pursuant to Pa. R. C. P. 206.7, the court may grant the relief requested. WHEREFORE, Petitioner/Plaintiff prays Your Honorable Court to enter the proposed Order reassessing damages as requested by the Plaintiff. Dale F. Shughart, Supreme Court I.D 93 35 East High Street, 203 Carlisle, PA 17013 (717) 241-4311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL F/K/A FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 5/1/98 (EQCC HOME EQUITY LOAN TRUST 1998- 1) Plaintiff (s) From MICAEL L. GRAY, 124 PARK DR., MIDDLETOWN P A 17057 and NANCY L. GRAY, C/O YMCA, 1101 MARKET ST., ROOM # 370, HARRISBURG PA 27103 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCAED AT 431 NORTH 2ND ST., WORMLEYSBURG PA 17043. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $77,422.57 L.L. Interest 10/3/01 TO 3/3/04 @ $18.28 PER DIEM = $16,141.24 Atty's Comm Atty Paid 1,269.32 Plaintiff Paid % Due Prothy 1.00 Other Costs Date: NOVEMBER 25, 22003 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHW A YM STE. Attorney for: PLAINTIFF Telephone: (717) 397-3500 Supreme Court ID No. 06947 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/9B (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. , Michael L. Gray 'NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $,'2L_422~5 7 Interest From ~aJ3j-.2.oJLl ~fi..~~2A to Date of Sale March 3~illL4 Per diem @$18.28 (Costs to be added) $__ MARK J. UDREN & ASSOCIATES C ~Q _~~. bare, Esquire ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff - . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County - - MORTGAGE FORECLOSURE v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant{s) . . NO. 01-3500 Civil Term WRIT OF EXECUTION TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 431 N. 2nd Street Wormleysburg, PA 17043 SEE LEGAL DESCRIPTION ATTACHED Amount due Interest From 10/3/2001 to Date of Sale March 3. 2004 Per diem @$18.28 $77,422.57 16,141. 24 (Costs to be added) $ Prothonotary By Clerk Date COURT OF COMMON PLEAS NO. 01-3500 Civil Term ------------------------------------- ------------------------------------- U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) vs. Michael L. Gray Nancy L. Gray ------------------------------------- ------------------------------------- WRIT OF EXECUTION ------------------------------------- ------------------------------------- REAL DEBT $ 77,422.57 INTEREST $ 16.14-1.24 from 10/3/2001 to Date of Sale March 3, 2004 Per diem @$18.28 COSTS PAID: PROTHY $ SHERIFF $ STATUTORY $ COSTS DUE PROTHY. $ PREMISES TO BE SOLD: 431 N. 2nd Street Wormleysburg, PA 17043 /\ IV, ( MZrk j. Udren,~squire "-/~K J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 ~ CHERRY HILL, NJ 08034 (856) 482-6900 .-".. ,. ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP, BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON' PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 9S ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN LINE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 2S FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 k 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. PROPERTY ID NO.: 431 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 47-19-1588-091 BEING KNOWN AS: TITLE TO SAID PREMISES IS VESTED IN MICHAEL L. GRAY AND NANCY L. GRAY, HIS WIFE BY DEED FROM STANLEY O. HAFNER AND ALMA G. HAFNER, HIS WIFE DATED 07/05/1984 RECORDED 07/05/1984, IN DEED BOOK T30 PAGE 873. ~~ ~ "- ~ ~ ~, , ~ ", ~" 1-- ('. I c;L. ~~i~ i -\:\ I . 1c..N l)---J \ \ --- ~ 00 -> C<:\ -... <S"' --, ---:-J ?'l ~ '?'>:S) ~ ~ ~ l)J ~ ~ .~ ~ ~ ~ ~ ~~~~~ 9-- ~ '-2 U\ U' \ '20 S7ft !'~ ~ :l! '. g:t ~ i~~. :.~ .- ~ U'l :J:!oQ ~" i,J c': -1_ i~ ~ ~~ ~ ~ ~ ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff , , COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . . MORTGAGE FORECLOSURE v. - Michael L. Gray -NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant x Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES ( /}/\ ~~Udren, E~ire ATTORNEY FOR PLAI TIFF If 8 ~ ~ ---I "r ..:: .,', :n "'r- t\,) 1)m CJl ig~ '-f ~o ""'0 -.r:jj ~ ;';!~ ~ ~ Q r:- ~ cu -< MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood -Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff - . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County " - MORTGAGE FORECLOSURE v. Michael L. Gray "NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant{s) AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 431 N. 2nd Street, wormleysburg, PA 17043 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Michael L. Gray 124 Park Drive, Middletown, PA 17057 Nancy L. Gray C/O YMCA, 1101 Market Street Room # 370 Harrisburg, PA 17103 2. Name and address of Defendant(s) in the judgment: Name Address Same as # 1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6 . Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estae Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Addre s s Tenants/Occupants 431 N. 2nd Street wormleysburg, PA 17043 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. MARK J. UDREN & ASSOCIATES DATED: November 14, 2003 ( . /1'/)/\ ~FJ( J. Udren, Esquire Attorney for Plaintiff ,... e 0 Q c <4 !i$ ~ ~ g\ <= t11f9 N 1)~ ,~ CJ\ -eJ E6 ;'::2 ,~ -0 XjJ Ii :x ,-, ... --' M ~",. r.a r) .::::.. ~ S5. L) -<,;, ---~.._."-------_.,~_....~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . - MORTGAGE FORECLOSURE v. - Michael L. Gray -NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) NQ.TI~.E_O-.F--.SHE.R:tF..F~_SALLQF_REAL~Q~ERTY TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on March 3, 2004, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA , to enforce the court judgment of $77,422.57, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. HO_TI.cE-.QF_.~OJiNER-'_5-1UGHTJ3 Y.o_U__MALBK_ABLR...TO...EREYEl:IT-THI S SHERIFE.'..5-SALE To prevent this Sheriff I s Sale, you must take immedi_a.t;e--.Ac.ti~D.~_ 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: ~as~~482-690~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) y'Q:U___MAY-.S-'l'IL_L--.1l~ABLE-'I'_~SAYE_,_Y_Q~RQP.-ER'1''y-A.NILYQ.t1_HAY'E-O-'I'.HER RIGHT~__.EWlLIF~HE-S~ERll'F__~_~LSALE_DQES_'I'AKE~CL 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) ATTORNEY FOR PLAINTIFF . - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County - MORTGAGE FORECLOSURE . . NO. 01-3500 Civil Term No.T_I~E_Q~RIFL~LL.QE'...REAL_.-P.RO_EE_R'I'Y TO: Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on March 3, 2004, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA , to enforce the court judgment of $77,422.57, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NO'1'I..CE~Q~OWNER...'.S-.RJ:GHTS Y.olLMAY......BE...ABLE.....IO_..PREVENT_JHI.s......sRERIFF'S SALE To prevent this Sheriff's Sale, you must take i.mmedLate--.a._c.tiQ:o.: 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)-48~6~~ 1 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y_OlLMAY_.-S_T.J:LL_,BE_ABLE _.TO_, SAVE~YQJnL~.RQEERT_LAND~YQU_liAYE_QTHER..BJ:GHTS_~F_T~E SHERI.F..F~ALE_JlQEfL.'I'AK~~LACE~ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 17013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 i a ~ (,.,) :;!: ..'. 0 l-n ..::: Ii- t-e p..) r~Q,-8 (Jl ;_~ 1.. ~7~'(? ~o -., ~ti ~ ~ -" t.) (5 .. -~ ~ J::: (.to) ~ ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: r; U - 3500 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which US Bank N A is the grantee the same having been sold to said grantee on the 8th day ofDec A.D., 2004, under and by virtue ofa writ Execution issued on the 25th day of November, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 3500, at the suit ofU S Bank Natl Assoc against Michael L Gray & Nancy L is duly recorded in Sheriffs Deed Book No. 266, Page 4180. corder of Deeds . !land County, CartIsIe. itA ExpIres the First Monday of JllIl. 2001 ~ 'OJ In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3500 Civil Term U.S. Bank National f/kJa First Bank National Association, TR ula dated 5/1/98 (EQCC Home Equity Loan Trust 1998-1) VS Michael L. Gray and Nancy L. Gray Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12,2004 at 5:29 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael L. Gray and Nancy L. Gray located at 431 North 2nd Street, Wormleysburg, 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: Michael L. Gray and Nancy L. Gray, by regular mail to their last known address of 124 Park Drive, Middletown, P A 17057 and clo YMCA Room 370, 1101 Market Street, Harrisburg, PA 17103, respectively. These letters were mailed under the date of January 16,2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Mark Udren for U.S. Bank National Association, f/kJa First Bank National Association Trust, Acting Solely in its capacity as Trustee for EQCC Home Equity Loan Trust 1998-1. It being the highest bid and best price received for the same, U.S. Bank National Association, flkJa First Bank National Association Trust, Acting Solely in its capacity as Trustee for EQCC Home Equity Loan Trust 1998-1 of 3815 South West Temple, Salt Lake City, UT 84115, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$919.66, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Postpone Sale Levy $30.00 18.03 15.00 15.00 30.00 10.00 1.00 11. 04 40.00 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 30.00 339.80 270.97 29.32 25.00 39.50 919.66 Sworn and subscribed to before me ThiS~Y;:fh 200~ AD. ~ rJ ~ # rothonotary p~~ R. Thomas Kline, Sheriff . 'J ft r BY'<jC cLl}~V\'ll ~ Real Estate Oeputy - ~ " c!J ~ Q/ :0' ,,,,\ Y \~- t.kYS21i\L1 U~- IJ3990 ... , MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood -Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff - - COURT OF COIVIMON PLEAS : CIVIL DIVISION : Cumberland County - : MORTGAGE FORECLOSURE v. - Michael L. Gray . NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National F/K/A First Bank National Association, TR V/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1), Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 431 N. 2nd Street, Wormleysburg, PA 17043 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Michael L. Gray 124 Park Drive, Middletown, PA 17057 Nancy L. Gray c/o YMCA, 1101 Market Street Room # 370 Harrisburg, PA 17103 2. Name and address of Defendant(s) in the judgment: Name Address Same as # 1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estae Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 431 N. 2nd Street wormleysburg, PA 17043 I. .~ 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. MARK J. UDREN & ASSOCIATES DATED: November 14, 2003 /- !lY\ ~FK J. Udren, Esquire Attorney for Plaintiff '" , MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . . MORTGAGE FORECLOSURE v. . Michael L. Gray -NO. 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant{s) NOTICE-OF SHERIFF' S SALL..O~ERTY TO: Michael L. Gray 124 Park Drive Middletown, PA 17057 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on March 3, 2004, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA , to enforce the court judgment of $77,422.57, 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 Q~R'S RIGBTS YOU MAY BE ABLE TO PREVENT THIS SHERIF~ To prevent this Sheriff's Sale, you must take imme~~_~~~~~ 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) 482-6900. . 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 pbtain an attorney.) y'Q~.ILL---B-L.AB-.L:e:---..TO SA VE-----Ym.r~m?~.RILAND____YJnJ_H.A VE OTHER 1U~H'I'.s~HE~~EJtQE~~~ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT 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 1~013-3387 717-249-3466 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3466 or 800-990-9108 J '. ' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . . MORTGAGE FORECLOSURE v. Michael L. Gray 'NO~ 01-3500 Civil Term Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) NQT..I.C~QLSHERIFF' S SALK-OL..BEA~ TO: Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Your house (real estate) at 431 N. 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff's Sale on March 3, 2004, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA , to enforce the court judgment of $77,422.57, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. N~n.c.E-.O.L-Q~----.E~.GHTS YQU~-B~E TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take i~ed,iate ac~~ 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)-482-6900. " 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.) YOJLMAL,s_'nLId~E_ABJ.E~RTY AND-..3..oJ]~---'2'.l'..HD RIGHTS ~ IF THE SHERIFF 'S SALE.J>JLES TAKE PlACE...... l. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (lO) 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 FINO OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA l70l3-3387 7l7-249-3466 or 8BO-990-9l08 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA l70l3-3387 7l7-249-3466 or 800-990-9l08 ALL THAT CERTAIN LOT OF LAND FORMERLY SITUATE IN EAST PENNSBORO TOWNSHIP~ BUT NOW IN THE BOROUGH OF WORMLEYSBURG, CUMBERLAND COUNTy, PENNSYLVANIA, KNOWN AND DESCRIBED AS LOT NO. 94 ON' PLAN NO. 3 OF EDGEWATER. SAID PLAN BEING RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 1, PAGE 71. SAID LOT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF SECOND STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 94 AND 95 ON SAID PLAN, SAID POINT BEING 400 FEET MEASURED NORTHWARDLY ALONG SECOND STREET FROM THE NORTHEAST CORNER OF SECOND AND ELM STREETS; THENCE IN A SOUTHERLY DIRECTION ALONG THE EASTERN LINE OF SECOND STREET 25 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS. 93 AND 94, SAID DIVIDING LINE PASSING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE TWO STORY BRICK AND FRAME DWELLING ERECTED IN PART UPON THE LOT HEREIN DESCRIBED; THENCE IN AN EASTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO RIVER ALLEY; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERN LINE OF RIVER ALLEY 25 FEET TO THE DIVIDING LINE BETWEEN LOTS NOS. 94 &: 95 ON SAID PLAN; THENCE IN A WESTERLY DIRECTION ALONG SAID LAST MENTIONED LINE 150 FEET TO THE POINT OR PLACE OF BEGINNING. AND THEREON ERECTED THE NORTHERN HALF OF SAID TWO STORY BRICK AND FRAME DWELLING HOUSE KNOWN AS 431 N. SECOND STREET. UNDER AND SUBJECT, NEVERTHELESS, TO RESTRICTIONS, CONDITIONS AND EASEMENTS OF PRIOR RECORD PERTAINING TO SAID PREMISES. BEING KNOWN AS: 431 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 47-19-1588-091 PROPERTY ID NO. : TITLE TO SAID PREMISES IS VESTED IN MICHAEL L. GRAY AND NANCY L. GRAY, HIS WIFE BY DEED FROM STANLEY O. HAFNER AND ALMA G. HAFNER, HIS WIFE DATED 07/05/1984 RECORDED 07/05/1984, IN DEED BOOK T30 PAGE 873. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) . NO 01-3500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL F/K/A FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 5/1/98 (EQCC HOME EQUITY LOAN TRUST 1998- 1) Plaintiff (s) From MICAEL L. GRAY, 124 PARK DR., MIDDLETOWN P A 17057 and NANCY L. GRAY, C/O YMCA, 1101 MARKET ST., ROOM # 370, HARRISBURG PA 27103 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCAED AT 431 NORTH 2ND ST., WORMLEYSBURG PA 17043. (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 $77,422.57 L.L. Interest 10/3/01 TO 3/3/04 @ $18.28 PER DIEM = $16,141.24 Atty's Comm Atty Paid 1,269.32 Plaintiff Paid Date: NOVEMBER 25, 22003 % Due Prothy 1.00 Other Costs CURTIS R. LONG (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAYM STE. Attorney for: PLAINTIFF Telephone: (717) 397-3500 Supreme Court ID No. 06947 Real Estate Sale # 48 On December 03,2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 431 North 2nd Street, W ormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 03, 2003 By: JDdA4~ Real Esta?e Deputy I 1 r ~ HI -,! ! "IJn . (~ oJ - ,J '. . ^-' .:IN : I ,~: '1.';:) @~ ~@>~ REAL ESTATE SALE No. 48 Writ No. 2001-3500 Civil Term U.S. Bank National f/kla First Bank National Assoc, TR UIA dated 5/1/98 (EQCC Home Equity Loan . Trust 1998-1) Vs Michael L, Gray and Nancy L. Gray Atty: Mark J.Udren DESCRCPTION .'( ALL THAT CERTAIN lot of land fonnerly situate in East Pennsboro Township, but now in the Borough of Wormleysburg, Cumberland County, Pennsylvania, known and describeP as Lot No, 94 on Plan No.3 of Edgewater, Said Plan being recorded in Cumberland County Re<;order's Office in Plan Book I, Page 71. Said lot is more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Second Street at the dividing line between Lots Nos. 94 and 95 on said Plan, said point being 400 feet measured Northwardly along Second Street. from the Northeast corner of Second and' Elm Streets; thence in a Southerly direction along the . Eastern line of Second Street 25 feet to a point on the dividing line between Lots Nos. 93 and 94, said dividing line passing thrQugh the center of the partition wall of the double two-story brick and frame dwelling erected in part upon the lot herein described; thence in an Easterly direction along said last mentioned line 150 feet to River Alley; thence in a Northerly direction along the Westero line of River Alley 25 feet to the dividing line between Lots Nos. 94 and 95 on said Plan; thence in a Westerly direction along said last' mentioned line 150 feet to the point or place of BEGINNING.:- AND TIiEREON erected the Northern half of said two-story brick and frame dwelling house known as 431 N. Second Strret JJNI)~~S~~~ertbel~s: to 'oDs, C~:~a~~~~~gt;!-- 'Xi.... . . .~AS:4plNotth2nd street, ..~llIint~y~!Jul'g, PA 17043. . " PROPERTY ID NO.: 47-19-1588-091. TITLE to said premises is vested in MiChael L. Gray and Nancy L. Gray, his wife, by' deed from Stanley O. Hafner and Alma G. Hafner, his wife, dated 07/05/1984 recorded 07f05/1984, in Deed Book TIO Page 873. .. ~; 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-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 on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004, 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 Mis ellaneous Book "M", V;'~:L'I~:~:~:. ......... ............ ........ LL I. eo P Y Sworn to and subscribed befor S ALE #48 Notarial Seal T eny L, Russell. Notary PubliC City Of Harrisburg. Dauphin County My Commission Expires June 6, 2006 Member. Pennsytvanla Association Of Notanes CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 270.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTATE SALE No. 48 Writ No. 2001.3500 Civil Term U.S. Bank National flk/a First Banr< National Assoc, TR utA dated 5/1/98 (EQCC Home Equity Loan Trust 1998-1) Vs Michael L. Gray and Nancy L. Gray Atty: Mark J. Udren DESCR!PTION .. . ALL THAT CERTAIN lot of land fonnerly situate in East Pennsboro Township, but now in the Borough of Wormleysburg, Cumberland County, Pennsylvania, known and described as Lot No. 94 on Plan No.3 of Edgewater. Said Plan being recorded in Cumberland County Recorder's Office in Plan Book I, Page 71. Said lot is more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Second Street at the dividing line between Lots Nos. 94 and 95 on said Plan, said point being 400 feet measured Northwardly along Second Street from the Northeast corner of Second and Elm Streets: thence in a Southerly direction along the Eastern line of Second Street 25 feet to a point on the dividing line between Lots Nos. 93 and 94, said dividing line passing through the center of the partition wall of the dooble two-story brick and frame dwelling erected in part upon the lot herein described: thence in an Easterly direction along said last mentioned line 150 feet to River Alley: thence in a Northerly direction along the Western line of River Alley 25 feet to the dividing line between Lots Nos. 94 and 95 on said Plan: thence in a Westerly direction along said last mentioned line 150 fee\ to the point or place of BEGINNING. .' AND THEREON erected the Northern half of said two-story brick and frame dwelling house known as 431 N. Second Str;,el. UNDER AND SUBJECT, nevertheless. to restrictions, conditions and easements of prior record pertaining \0 said premises. BEING KNOWN AS: 43 I North 2nd Street, Wonnleysburg, PA 17043. PROPERTY ID NO.: 47-19-1588-091. TITLE to said premises is vested in Michael L Gray and Nancy L Gray, his wife, by deed from Stanley O. Hafner and Alma G. Hafner, his wife, dated 0710511984 recorded 07/0511984, in Deed Book T30 Page 873. REAL ESTATE SALE NO. 48 Writ No. 2001-3500 Civil U.S. Bank National, flkla First Bank National Association, TR U/ A dated 5/1/98 (EQCC Home Equity Loan Trust 1998-1) vs, Michael L, Gray and Nancy L. Gray Atty,: Mark J. Udren ALL TIlAT CERTAlN lot of land formerly situate in East Pennsboro Township, but now in the Borough of Wormleysburg. Cumberland County. Pennsylvania. known and described as Lot No, 94 on Plan No, 3 of Edgewater, Said plan being re- corded in Cumberland County Recorder's Office In Plan Book 1. Page 71. Said lot Is more partIcu- larly bounded and described as fol- lows. to wit: BEGINNING at a point on the eastern line of Second Street at the dlvlding line between Lots Nos, 94 and 95 on said plan. said point be- Ing 400 feet measured northwardly along Second Street from the north- east corner of Second and Elm Streets; thence in a southerly direc- tion along the eastern line of Sec- ond Street 25 feet to a point on the dividing line between Lots Nos. 93 and 94. said dlvldlng line passing through the center of the partition wall of the double two story brick and frame dwelling erected In part upon the lot herein described: thence in an easterly direction along said last mentioned line 150 feet to River Alley: thence In a northerly direction along the western line of River Alley 25 feet to the dlvlding line between Lots Nos, 94 & 95 on said plan; thence In a westerly di- rection along said last mentioned line 150 feet to the point or place of beginning, AND THEREON ERECTED the northern half of said two story brick and frame dwelling house known as 431 N, Second Street. UNDER AND SUBJECT. never- theless. to restrictions. conditions and easements of prior record per- taining to said premises. . BEING KNOWN AS: 431 NORTII 2ND STREET, WORMLEYSBURG, PA 17043, PROPER1Y lD NO,; 47-19-1588- 091. TITLE TO SAlD PREMISES IS VESTED IN Michael L, Gray and Nancy L. Gray, his wife by deed from Stanley 0, Hafner and Alma G, Hafner. his wife dated 07/05/1984 recorded 07/05/1984. in Deed Book 1'30 Page 873, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the s.arne as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, viz: JANUARY 16,23,30,2004 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. ----- itor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 NOT ARI L SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE NO. 48 Writ No, 2001-3500 Civil . V,S, Bank National. flk/a FIrst Bank National Association TR V/A dated 5/1/98 (EQCC' Home Equity Loan Trust 1998-1) vs, Michael L. Gray and Nancy L. Gray Atty,: Mark J, Udren ALL THAT CERTAIN lot of land formerly situate in East Pennsboro Township. but now in the Borough of Wormleysburg. Cumberland County, Pennsylvania. known and described as Lot No. 94 on Plan No. 3 of Edgewater, Said plan being re- corded in Cumberland County Recorder's Office in Plan Book 1. Page 71. Said lot is more particu- larly bounded and described as fol- lows. to wit: BEGINNING at a point on the eastern line of Second Street at the dividing line between Lots Nos. 94 and 95 on said plan. said point be- ing 400 feet measured northwardly along Second Street from the north- east corner of Second and Elm Streets; thence in a southerly direc- tion along the eastern line of Sec- ond Street 25 feet to a point on the dividing line between Lots Nos. 93 and 94. said dividing line passing through the center of the partition wall of the double two story brick and frame dwelling erected in part upon the lot herein described; thence in an easterly direction along said last mentioned line 150 feet to River Alley; thence in a northerly direction along the western line of River Alley 25 feet to the dividing line between Lots Nos, 94 & 95 on said plan; thence in a westerly di- rection along said last mentioned line 150 feet to the point or place of beginning, AND THEREON ERECTED the northern half of said two story brick and frame dwelling house known as 431 N. Second Street, UNDER AND SUBJECT. never- theless. to restrictions. conditions and easements of prior record per- taining to said premises, BEING KNOWN AS: 43 I NORTH 2ND STREET, WORMLEYSBURG, PA 17043. PROPERTY ID NO,: 47-19-1588- 091. TITLE TO SAID PREMISES IS VESTED IN Michael L. Gray and Nancy L. Gray. his wife by deed from Stanley 0, Hafner and AIma G, Hafner. his wife dated 07/05/1984 recorded 07/05/1984. in Deed Book T30 Page 873. UDREN LAW OFFICES, P.C. BY~ Mark J. Udren ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Michael L. Gray Nancy L. Gray :NO. 01-3500 Civil Term Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) 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 II A" , was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit liB". 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 liB". All Notices were served within 3129. th by Pa Rule C.P. This Affidavit is made subject to relating to unsworn falsification Dated: February 6, 2004 th~ penal Section 4904 to\arthor By\j :::k J. Udren, Esqu1re Attorney for Plaintiff 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 856-482-6900 ATTORNEY FOR PLAINTIFF U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Home Equity Loan Trust 1998-1) 10401 Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION .Cumberland County NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) DATE: January 28, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE O~EAL PROP.EB.'l'Y OWNER(S): Michael L. Gray & Nancy L. Gray PROPERTY: 431 N. 2nd Street Wormleysburg, PA 17043 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March_:L.~O_OA, at 10: 00 A.M., at the Cumberland County Courthouse, 1 Courthouse Square, 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 schedu~~BDeAs exceptions are filed thereto within 10 days after the filing of the schedule. Ql tf '" to Q; '" Q ~ .,lr lr ~~ Cl)u.. 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U) 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 856-482-6900 U.S. Bank National F/K/A First Bank National Association, TR U/A DTD 5/1/98 (EQCC Horne Equity Loan Trust 1998-1) 104Gl Deerwood Park Blvd. MC FL9-015-02-14 Jacksonville, FL 32256 Plaintiff ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-3500 Civil Term v. Michael L. Gray Nancy L. Gray Michael L. Gray 124 Park Drive Middletown, PA 17057 Nancy L. Gray C/O YMCA 1101 Market Street, Room #370 Harrisburg, PA 17103 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: """ 0 c::') = 11 J:- -" ........ rr; 7:.: 0 t t lr-= -ern I -cio \..0 ~6 -"f- -r, -0 ~:~~~ -..~... 0J ~::~rn ( ~I ~:~ -r-> ----I 0 :q -<. \.0 --<... Kindly file the attached Proofs of Service with regard to the captioned matter. Date: February 5, 2004 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, ESQUIRE Attorney for Plaintiff Ev \1,:'11'.l -:""'\ ~ '7 I.-.~-)'i . J\.lflJ d U J U L;..J US'Bank National FKA First Bank National Association, et. al., Plaintiff(s) vs. Michael L. Gray, et. al., Defendant(s) ~ /'.-.."".. ;;t^ "\ i \ , 'aT' \; / · "... . f.. Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual Service of Process on: UDREN LAW OFFICES. P.c. --Michael L. Gray Court Case No. 01.3500 Civil Term Ms. Lillian Torres 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 State of: pJl nns.!j I v 0(./);0... ) ss. County of: bOl-~ IOn ) Name of Server: ~~.e.p h t:: ;bh n So f'\ , undersigned, being duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action: Date/Time of Service: that on the (:50tnday OfJ nua. ':j ,20 (Id.!:/:., at II \ 5'(o'clock AM at 124park Drive , In Middletown, PA 17057 Place of Service: Documents Served: Service of Process on: Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property A true and correct copy of the aforesaid document(s) was served on: Michael L. Gray j By personally delivering them into the hands of the person to be served, I)(By delivering them into the hands of Lo 16.... Con I'l -e.r<) suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is r:n €..-~d The person receiving documents is described as follows: ~ Sex I-'^; Skin Color iA.Jh; to ; Hair Color ~d.. ~Ct ,', ; Facial Hair - Approx. Age 30 -3:; ; Approx, Height 5' {p " ; Approx. Weight I & 0 To the best of my knowledge and belief, said person was not engaged In the US MIlItary at the time of service. , a person of Undersigned declares under penalty of perjury that the for going is true and correct. ~ ~J~ ........ ......... . c1:rl' <? '-I Sign re r:t~:( '. ~ (Date) A S International, Ltd. APS File #: 064027-0001 Subscribed and sworn to before me this c:5l. "%.y of h-hrv&<"'j ,200/1 >L.~.lv~ No ry Public U (C~.~miSSion Expires) EXH~~~" p"",,\ ) US Bank National FKA First Bank National Association, et. aI., Plaintiff(s) vs. Michael L. Gray, et. aI., Defendant(s) ~.""..'.-.-.-'--"... .;./ -', "". " '\ - -~~ Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual Service of Process on: UDREN LAW OFFICES. P.c. --Nancy L. Gray Court Case No. 01-3500 Civil Term Ms. Lillian Torres III Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 State of: fin ()5~ lu6. n;GL ) ss. County of: 1)0... u....f h IOn ) Name of Server: JO S~p h ~ :J;;, h (\ S () r) , undersigned, being duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action; Date/Time of Service: that on the 30t-h..dayof ~<(\u,u r~ ,209..:L,at /:00 o'clock LM Place of Service: at 1101 Market Street Room 370 , III Harrisburg,PA 17103 Documents Served: the undersigned served the documents described as: Notice of Sherifrs Sale of Real Property Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Nancy L. Gray Person Served, and Method of Service: By persunally dciivering them i~to the hands of the person to be served. Description of Person Receiving Documents: 'y( By delivering them into the hands of :k (' k /- e 1S u 5 ~ ' a person of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is pron t ~ ~ k. Y \A) C Ii The person receiving docume~ts is described as follows: / Sex F ; Skin Color LV ju t ; Hair Color fJlo;?~ _ Rtd; Facial Hair Approx, Age 4 ~ ; Approx. Height 5'81/ ; Approx. Weight / 00 To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury ;;?~ rrue and corr;ctd 0 ~"C) APS International, Ltd. APS File #: 064027-0002 Subscribed and sworn to before me thiS Q( nd day of f4btuo. r<-{ . 20cJt{ ~~~~~~ NotarOblic (] (C~~lnlission Expires) r~::J ...".... E~ir l' P'~~ L ~:...-" ..., , -)