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Home My WebLink About05-5437 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 pleadings@Udren.com Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Ardella M. Souders a/k/a Ardella F. Souders :NO. OS- - 5:4J7 Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE C'u~lY~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AV1SO 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 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO o S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONnE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address ofthe original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is! Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Homeowners Loan Corp. Assignments of Record to: Mortgage Electronic Registration Systems, Inc. Recording Date: 05/18/04 Book: 708 Page: 1625 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 18 Valley MUNICIPALITY/TOWNSHIP/BOROUGH: COUNTY: Cumberland DATE EXECUTED: 09/12/03 DATE RECORDED: 11/12/03 BOOK: Street South Middleton Township 1844 PAGE: 3525 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 10/4/05: Principal of debt due Unpaid Interest at 10.25% from 5/17/05 to 10/4/05 (the per diem interest accruing on this debt is $26.80 and that sum should be added each day after 10/4/05) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $92.00 and that sum should be added on the first of each month after 10/4/05) Late Charges (monthly late charge of $42.57 should be added in accordance with the terms of the note each month after 10/4/05) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $94,134.07 3,752.00 325.00 280.00 o 212.85 4,706.70 $103,410.62 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 $103,410.62 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. uWJ Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 . AL~~hose eer~ain two lots of grounQ SitUate 1n South MiQdle-; ton Township, Cumberland County, Pennsylvania, more particularly described as followe: aeing Lot~ Nos. 19 and 20, Block "t", of that certain Plan of Lots known as Carlisle ~nor ixtentiOn, which Plan is recorQed in the Office of the aecorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99. Sa1d Lots having a ~onta,e on Valley Street of 100 teet and extending in depth ISO teet to 11ne of Lot No. 16, Block ftLft, in the re~r. . . . , , \t ~. w J 0~ i 1 . >> j I f. f) iJ Homecomings Financial A GMAC Company August 22. 2005 Certified Mail. Return Receipt Requested 0436812739 Marietta Fickel \8 Valley Street Carlisle, PA 17013 Re: Property Address: 18 Valley Street Carlisle, PA 17013 Loan Number: 0436812739 A default exists WIder the aoove referenced MortgagelDeed of Trust loan agreement. The action required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. As of the date of this letter the total amount due is $ 3.495.89. That sum includes the following: 3 payments totaling: $ 3,197.90 Late charges: $ 297.99 Other fees llDd/or costs N/A Unapplied Funds: N/A The total amount due shown above is subject to further increases for additional monthly payments, late charges, attorney fees, andlor other fees and cost which may become due, after the date of this letter. To obtain an update of the total amount due to cure this default. contact us at 1.800.206.2901. TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF $ 3.495.89 BY Semember 21. 2005 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the Mortgage/Deed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of the sale by paying the past due monthly payments and other sums then due under the Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent acceleration and sale of the property. THIS NOTICE \S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Sincerely, Loan Counseling Department HLH >l<Homeownet1lhip oounseling is available to you through the 'Credit Counseling Resouwe Center' (CCRC), an alliance of consumer credit counseling agencies. The CCRe has been retained by Homecomings Financial to provide advice to you on credit issues, including how to reduce debt and improve cash flow management capabilities. Y uu ma.y C()t'itact them at 1 $77.806.0775 for assistance at no cost to you, or you may wish to contact a HUD-approvedhousing counseling agency by calling 1.800.569.4287 for further information. Homecomings Financial 2711 North Haskell Avenue Suite 90000\\05, 1exas 75204 800.206.2901 Homecomings.com EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THlS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMA nON OBr AINED FROM YOU WILL BE USED FOR THAT PURPOSE This is an official notice that the mortealle on your home is in defuult Md the lender intends to foreclose. Soecific information about the nature ofthe default is orovided in the attached 08Q:es. The HOJvlEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to helD to save your home. This Notice exclains how the orooram works. To see if REMAP can helD vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with vou when vou meet with the Counsellmz. Allencv. The name address and phone number of Consumer Credit COUl1selin2 Agencies serving your County are listed at the end of this Notice. If vou have any Cluestions vou IlUtV call the PennsvlvWlia Huusinl! Finance AlZcncv toll free at 1-800~342-2397. (Persons \\lith imoaired heariruz can call (717) 780-1869), This Notice contains important legal information. Counseling Agency may be able to help explain it. association may be able to help you find a lawyer. If you have any questions, representatives at the Consumer Credit You may also want to contact an attorney in your area. The local bar LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA SI NO COMPRENDE EL CONTENlDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL VAR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU IIIPOTECA Date: August 22, 2005 TO: Marietta Fickel 18 Valley Street Carlisle, PA 17013 Premises: 18 Valley Street Carlisle, PA 17013 Re: Loan Number: 0436812739 FROM: Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WlllCH CAN SAVE YOUR HOME FROM FORECWSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PA YMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-te-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 AGENCmS - If you meet Witll 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 teleohone numbers of desiWlated consumer credit counselinlZ 8srencies for the county in which the vrooertv 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 immediatelv 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 Homeo\\<uer'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 he filed or postmarked within thirty (30) days of YOW" face-to-face meeting LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial 9350 Waxie Way Suite 100 San Diego, CA 92123 Attn: Contact Center, Fred Mangarelli Phone: 1.800.206.2901, or 858.505.7553 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbmsed 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. Y Oll 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 PETmON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN AITEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can stili apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BriDl! it uo to date). NATURE OF THE DEFAULT - The MORTGAGE dcbt held by the above lender on your property located at: 18 VaHey Street, Carlisle, PA 17013 IS SERlOUSL Y IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from 06/17/05 to 08/17/05 totaling: Late Charges: Other fees and/or costs (including NSF charges and property inspections): LESS: Unapplied Funds: TOTAL $ 3,197.90 $ 297.99 N/A N/A $ 3,495.89 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 3,495.89, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) VA Y PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made Davable and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, M, 85062-8426 OR OVERNlGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, M, 85034-9700. IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its ri!!ht to accelerate the mort!laee 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 attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 amoWlt you owe the lender, which may also include other reasonable costs. H you cure the default within the THIRTY (30) DAY period. yOU will not be required to pa'V attornev's fees. OTHER LENDER REMEDmS - The lender may also sue you personally for the unpaid principal balance and all other swns due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale at any time UP to one hour before the Sheriff's Sale. You mav do so bv paving the total amOlmt then oast due. olus anv late or other chanzes then due reasonable aHonley'S fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecifled in writinR' bv the lender and bv performing anY other reauirements under the mortgalle. Curing your default in the manner set forth in this Notice will restore your mortgage to tbe same position as if you bad never defaulted. EARLmST 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 six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale win be sent to you before the sale. Of course, the amoWlt 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: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership ofthe 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 be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Loan COlUlseling Department Enclosure(s) List of Counseling Agencies Homecomings Pinancial A GMAC Company August 22, 2005 Certified Mail, Return Receipt Requested 0436812739 Ardella M Souders 18 Valley Street Carlisle, PA 17013 Re: Property Address: 18 Valley Street Carlisle, PA 17013 Loan Number: 0436812739 A default exists under the above referenced Mortgage/Deed of Trust loan agreement The action required to cure the default is the payment of all sums due under the MortgagelDeed of Trust loan agreemeut. A:;; of the date of this letter the total amount due is $ 3.495.89. Tliat sum includes the following: 3 payments totaling: $ 3,197.90 Late charges: $ 297.99 Other fees and/or costs N/A Unapplied Funds: N/A The total amount due shmvn above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may become due, after the date of this letter. To obtain an update of the total amount due to cure this default, contact us at 1.800.206.2901. TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF $ 3.495.89 BY September 21. 2005 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle Soutb, Suite 100 Phoemx, AZ 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the MortgageIDeed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of the sale by paying the past due monthly payments and other sums then due under the MortgagefDeed of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent acceleration and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Sincerely. Loan Counseling Department HLH *Homeownership ooun$f:ling is available to you through the 'Credit Counseling Resource Center' (CCRC), an alliance of oonsumer credit counseling agencies. The ceRc has been retained by Homecomings Finanoial to provide advice to you on oredit issues, inoluding how to reduce debt and improve cash flow management capabiLities. You may I.Xmtacl them 811.877.806.0775 for assistance at no cost to you, or you may wish to contact a HUD-appl"Oved housing counseling agency by calling 1.800.569.4287 for further information. Homecomings Financial 2711 North Haskell Avenue Suite 900Dallas, lexas 75204 600.206.2901 Homecomings.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMA nON OBTAINED FROM YOU WILL BE USED FOR TRA T PURPOSE This is an official notice that the mortluule on 'lour home is in default and the lender intends to foreclose. Soecific information about the nature of the default is Dfovided in the attached Da~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) ros\! be able to helD to save 'lour home. This Notice explains how the oro2ram works. To see jfHEMAP can helD vou must MEET WIlli A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with 'lOll when vou meet -with the Counselimr. Alilencv. The name. address and ohone number of Consumer Credit Counsell"';!: AlZencies servim! 'lour County are listed at the end of this Notice. If vou have any auestions vou maY call the Pennsylvania Housing Finance Agencv loll free at 1~800-:342-2397. (Persons with imDaired hearimz can call (717) 780-1869). This Notice contains important legal information. Counse\ing Agency may be able to help explain it. association may be able to help you find a lawyer. If you have any que:stions, representatives at the Consumer Credit You may also want to contact an attorney in your area. The local bar LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONIENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION lMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONAIX> ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Date: August 22, 2005 TO: Ardella M Souders 18 Valley Street Carlisle, PA 17013 Premises: ] 8 Valley Street Carlisle. P A 17013 Re: Loan Number: 0436812739 FROM: Homecominas Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH 1BE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Uuder the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days frrnrt the date of this Notice. During that time, you must arrange and attend a "face-ta-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 ASS1STANCE, 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 conswner credit counscling 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 teleohone numbers of desienated consumer credit counselinj;z agencies for the COlUltv in which the orooerty 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 immediatelv ofyOUT 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 Homeo\Vner's Emergency Assistance Program Application with one of the designated conSllll1er credit counseling agencies listed at the end of this Notice. Only consumer credit cotUlseling 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 he filed or postmarked within thirty (30) days of your face-to-face meeting LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial 9350 Wa.xie Way Suite 100 San Diego, CA 92123 Attn: Contact Center, Fred Mangarelli Phone: 1.800.206.2901, or 858.505.7553 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU ~ FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE 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. Y Oll will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN AITEMPT TO COLLECT THE DEBT (IT you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (B,'in!! it UP to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 18 Valley Street, Carlisle, PA 17013 lS SERlOUSL Y IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from 06/1 7/05 to 08/1 7/05 totaling: Late Charges: Other fees and/or costs (including NSF charges and property inspections): LESS: Unapplied Funds: TOTAL $ 3,197.90 $ 297.99 N/A N/A $ 3,495.89 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 3.495.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WlllCH BECOME DUE DURlNG THE THIRTY (30) DAY PERlOD. Pavrnents must be made either by cash. cashier's check. certified check or money order made payable and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT - lf you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riu:ht to accelerate the morhf8t!e debt. This means that the entire outstanding bal8I1ce 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 TIDRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF TIfE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 actnally 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 ()eriod. vou will not be reauired to Dav attorne,,'s fees.. OTIfER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sum~ due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bv o8vin12 the total amount then oast due. olus any late or other char12cs then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as suecified in writing: bv the lender and bv performing anY other reauirements under the mortgalZe. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you bad 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 six (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 fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIfE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dat!as, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 EFFECT OF TIfE 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 - Yon may be able to set! or transfer your home to a buyer or transferee who will aSSlllI1e the mortgage debt. provided that all the outstanding payments, charges and attorncy's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TIfE 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 THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGill TO CURE YOUR DEF AUL T 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 DOCUMEillS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Loan COlIDseling Department Enc!osure( s) List of Counseling Agencies V E R I F I CAT 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. \\~ \ I \ hi \J\j Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. j (J ~ '[ ~ <0 "- J.:: ~, 6'- c; ,'..., C) ~ c.._"" "Tl 8 "-0 ,-. --; -0 " -r ~ t ~ ~l n1=-n -- , c,~. - ) }: - - CJ '--<..~ f'.) ::J --..:::: SHERIFF'S RETURN - REGULAR v CASE NO: 2005-05437 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SOUDERS ARDELLA M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOUDERS ARDELLA M AKA ARDELLA F SOUDERS the DEFENDANT , at 1745:00 HOURS, on the 27th day of October ,2005 at 18 VALLEY STREET CARLISLE, PA 17013 by handing to ARDELLA SOUDERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 j'" . R. Thomas Kline ---,- /..- .~. "?~' ,~_,,::,..:.;".;_'Y:::'~ 10/28/2005 UDREN LAW OFFICES Sworn and Subscribed to before By: #c{,~. \ me this 1"'" day of nw~J~ j!~no ary A.D. SHERIFF'S RETURN ~ REGULAR . CASE NO: 2005~05437 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SOUDERS ARDELLA M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ~ MORT FORE was served upon FICKEL MARIETTA the DEFENDANT at 1745:00 HOURS, on the 27th day of October 2005 at 18 VALLEY STREET CARLISLE, PA 17013 by handinC] to MARIETTA FICKEL a true and attested copy of COMPLAINT ~ MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 /~~ ~/"'._...i.'-:;::.c:_,~-#r:- R. Thomas 10/28/2005 UDREN LAW OFFICES 1'471"'- ~- {;"d, 1 Prot eta A.D. BY,_ .-B~ /rty e iff Sworn and Subscribed to before me this "" 1- day of UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) NO. 05-5437 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel, Mortgagor for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 10/5/05 to 12/6/05 Late charges per Complaint From 10/5/05 to 12/6/05 Escrow payment per Complaint From 10/5/05 to 12/6/05 $103,410.62 1,688.40 85.14 184.00 TOTAL $105.368.16 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. Mark Attor W OFFICES, P.C. DAMAGES ARE HEREBY ASSESSED DATE: J)c ('. ^1,::>' (){)S *\ ~._.-...- .. 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 pleadings@udren.com Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 plaintiff ATTORNEY FOR PLAINTIFF ~, C:5 ,-:.~) c_n r-, ::::-J c::.:' COURT OF COMMON PLEAS CIVIL DIVISION ,~',". Cumberland County r-..) v. Ardella M. Souders a/k/a Ardella F. Souders NO. o!; -5'431 Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE C,~~L ~0L~ 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 wi thout you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 OS-WOO t3 .. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. CIVIL DIVISION Plaintiff Cumberland County ATTORNEY FOR PLAINTIFF v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor Defendant(s) NO. 05-5437 Civil Term Ardella M. Souders a/k/a Ardella F. Souders 18 Valley Street Carlisle, PA 17013 DATE of Notice: November 21, 2005 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER US TED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINE W L BE USED FOR THAT PURPOSE. s ar . ren, squ~re Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 .. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. CIVIL DIVISION Plaintiff Cumberland County ATTORNEY FOR PLAINTIFF v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor Defendant(s) NO. 05-5437 Civil Term Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 DATE of Notice: November 21, 2005 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, US TED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFlCACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTO THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL USED FOR THAT PURPOSE. ar . en, squ~re Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 : UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. NO. 05-5437 Civil Term Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor Over 18 As captioned above Unknown Age: Residence: Employment: l, Name: Title: Company: K J. UDREN, ESQ. ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. , .' ..,.:,/....., V ..._. . _ow.jQ. t:orArtMUCOf__ "-".......-~l.i.... IA-... 'V~l.:.i~.~....:\ _.f""'" KJ f<'_ t ~ (:) ~ 'i .~ " ~ \> .---, , M ........ ~ C) ~ -cJ C"-, ." I j ~ Cu ~ -... ~ "7", lU' 0) -,'. ~ - ~ , -- ~ .. r--.) , '- ~"-""":\i:.,'!/r., ~i'.:.V/' ,......'..... ' .', " io,r'."~ (~--. .. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) NO. 05-5437 Civil Term TO: Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you In the above proceeding as indicated below. -K- Judgment by Default Prothonotary Judgment in Replevin ~k, J,).h!os Money Judgment 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: 856-669-5400 " I. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) NO. 05-5437 Civil Term TO: Ardella M. Souders a/k/a Ardella F. Souders 18 Valley Street Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Money Judgment C;:;;:Y7< . >62 O.N oS ~::J ~ Judgment by Default 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: 856-669-5400 ~..~ ;1"1~~ 1 lJ,ll; n 1, ~!l ~'~ .ll[.._.~..,.~".,. ~', I;. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) NO. 05-5437 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From 12/7/05 to Date of Sale March 8, 2006 Ogoing Per Diem of $26.80 to actual date of sale including if sale is held at a later date $105,368.16 2.465.16 (Costs to be added) $ UDREN LAW OFFICES, P.C. Mark J'.. ATTORN ~ ~ \ (:) ~ -{Q.. - ~ t - lIV 9J-OVt_W {q. . <,) - ~ lf1 C> . U\i'"'-..l ~ . . . C/) ~ C> ~ IY) \) <rt() ""v . - \) ti- ~ () () C' () c \) - W \)' ('1\ ~ tI1 ~ti , , I \ \ \ ~. "" ,~r :::. - - - - - - - -." +- - ~~ . - - - _.-- - t ~ - - - .. ~< <. c:::' , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INc', Plaintiff (s) From ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS, MARIETTA FICKEL, MORTGAGOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 himlher tliat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $105,368.16 L.L. $.50 Interest FROM 12/7/05 TO DATE OF SALE 3/8/06 ONGOING PER DIEM OF $26.80 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,465.16 Atty's Comm % Due Prothy $1.00 Atty Paid $130.80 Other Costs Plaintiffpaid Date: DECEMBER 7, 2005 (Seal) CURTIS R. LONG ProthoZ'; p ~ '-..!lY: 0..., r/ _ " WA-n<./ Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.c, WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO. 05-5437 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 LA OFFICES, P.C. Mark J. Ud en, ESQUIRE ATTORNE FOR PLAINTIFF \,..- "':"\ "-.-' CX~' ODREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO. 05-5437 civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 18 Valley Street (South Middleton Township), Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Ardella M. Souders a/k/a Ardella F. Souders 18 Valley Street Carlisle, PA 17013 Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and record lien Name address of every judgment creditor on the real property to be sold: Address whose judgment is a None ~ ~. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address in the property and Name of every other person whose interest may be Address who has any record interest affected by the sale: Commonwealth of pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Fl., Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special Procedures Branch P.O. Box 12051 Philadelphia, PA 19105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486, willow Oak Building Harrisburg, PA 17105-8486 Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, Pa 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 ,. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 18 Valley Street (South Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: December 6, 2005 /..~~_/ Mark ~. Udren, ESQ. Attorney for Plaintiff n I \ ;,-- "'-) (.,.) TJDREN LAW OFFICES, P.C. ~ BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO. 05-5437 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ardella M. Souders a/k/a Ardella F. Souders 18 Valley Street Carlisle, PA 17013 Your house (real estate) at 18 Valley Street, (South Middleton Township) ,Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $105,368.16, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may calL (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page ~wo on how to obtain an attorney.) . . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS , EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff1s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 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 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 - , ~ C) . dDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO. 05-5437 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Your house (real estate) at 18 Valley Street, (South Middleton Township), Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $105,368.16, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorneyls fees. To find out how much you must pay, you may call, (S56) -669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) , >>OU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. TO find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 r.," c. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) NO. 05-5437 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time 3129. ,rth by Pa Rule C.P. This Affidavit is made subject to the pen 1 ies of 1 za.c.s Section relating to unsworn falsification to auth ties. Dated: February 20, 2006 UD N LA FF ,P.C. 4904 BY: Mark J. Udren, Esqulre Attorney for Plaintiff UDREN LAW OFFICES, p.e. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-5437 Civil Term v. Ardella M. Souders a/k/a Ardella F. souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Defendant(s) DATE: January 18, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): ARDELLA M. SOUDERS AKA ARDELLA F. SOUDERS MARIETTA FICKEL, MORTGAGOR PROPERTY: 18 Valley Street (South Middleton Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 8, 2006, at 10:00 A.M., in the COMMISSIONERS HEARING ROOM, 2~ FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A ~ == ijlS15 iil5:E .!!:!Ol'::: _co .~~ ~ Q) E.5.. ""_ 0 0.00 ~~~ w.2.Q .?S~~ ~8-g h 8 ~a; .E _ c: c:> .:w:: .....cu- o 0 ~ .2 c:::) .0 ~~~:; Q) 1/)- (ii'a cu.:.:.E!f'" >~' 'C:'~- .0:: g-~ .! U _ ... 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Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. ArtIcle Addressed to: INTERNAL REVENUE SERVICE FEDERAL ESTATE TAX SPECIAL PROCEDURES BRANCH P.O. BOX 12051 PHILADELPHIA, PA 19105 3. Service Type ~rtIfIEid Mall 0 Exp.... Mall o Registered ~etum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Tnmsferfrom -label) PS Form 3811, February 2004 7005 0390 0002 2964 2474 Domestic Return Receipt 102595-02-M-154Q ] ( Mortgage Electronic Registration Systems, Inc. VS Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5437 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2005 at 2:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Ardella M. Souders aJk/a Ardella F. Souders and Marietta Fickel, by making known unto Marietta Fickel, personally lmd sister of Ardella M. Souders a/k/a Ardella F. Souders, at 18 Valley Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 10,2006 at 8:32 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel, located at 18 Valley Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel, by regular mail to their last known address of 18 Valley Street, Carlisle, P A 17013. These letters were mailed under the date of January 10,2006 and never returned to the Sheriffs Office. Sworn and subscribed to before me This ~ day of 2006, A.D. ~~ , R. Thomas Kline, Sheriff f ~.' BY, /{;C}fl WU+{,j Real Estate ergeant "'''->11" ~IRrr H ...--\, -, ...(- ~- -~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor Defendant NO. 05-5437 Civil Term PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. \~ Mark"'J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: Julv 28, 2006 g ! ~.. I:~ ~ i ~ ~ ~ ;<c; ~;;!j..' ~8 ~ ~~ ~ ~ ~