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HomeMy WebLinkAbout06-0920 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com U.S. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) NO. 06 -q~{) C;u'Ll T~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 escri ta 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 DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFF1CES, P.C. ts/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 r 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: U.S, Bank, N.A., as Trustee Recording Date: LODGED FOR RECORDING 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: 49 Leeds Road MUNICIPALITY/TOWNSHIP/BOROUGH: Penn Township COUNTY: Cumberland DATE EXECUTED: 4/14/05 DATE RECORDED: 4/21/05 BOOK: 1904 PAGE: 1034 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, 5. After demand, the shall be immediately due. 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. 2/1/06: The following amounts are due on the said Mortgage as of Principal of debt due Unpaid Interest at 11.125% from 9/1/05 to 2/1/06 (the per diem interest accruing on this debt is $19.26 and that sum should be added each day after 2/1/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $85.18 and that sum should be added on the first of each month after 2/1/06) Late Charges (monthly late charge of $30.02 should be added in accordance with the terms of the note each month after 2/1/06) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $62,337.15 2,966.04 325.00 280.00 o 120.08 3,116.86 $69,145.13 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 $69,145.13 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. ~~SQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 "irIA T CERTAIN tract of laDd, rogether with the improvements lhcn:on erected, situate in Penn Township, . 'ewnberland county, Commonwealth ofPermsylvania, more parlicuJlII'Iy bounded and described as follows, BEGINNlNG at an iron pipe at comer of land now or formerly of J. Hassinger and H. A. Seide,,; thence by the latter lend, South 89 de&JeCS 30 minutes West, 250 feet to an iron pipe at land now or formerly pf John S. Seiders; thence by .aid !aDd, North 0 degrees 13 minUtCS West, 176.36 feet to an iron pipe on the southem line of a 16.foor wide riaJrt of way; thence by the southern line of said righl of way, South 88 deer- 58 minutes 20 seconds East, 214.73 feer to an iron pipe at line of land now or formerly of J. Hassinger; thence by said land, South 12 degrees 0 minutes East, 179.97 feet to the place ofbeginDing. CONTAINING .950 acre. THE ABOVE DESCRIBED REAL ESTATE is part of the same premises which Anthony G. Seibert, single person, by deed dated March 31, 2003 and recorded March 31, 2003 in the Offiee of the Recorder of Deeds of Cumberland COlmty, Pennsylvania in Deed Book 256, Page 1516, conveyed 10 Jobn H. Ditnnan, married person, Grantor herein. SUBJECT, l'OJ:VERTHELESS, to building and u~ conditions and ,..,.metiORS of record. i ~,":l1lT.'''.''- ,.- ..'.- Homecomings Financial A GMAC Company December 21. 2005 Certified Mail, Return Receipt Requested 0439262627 John H Rail 49 Leeds Rd Newville. P A 17241 Re Property Address 49 Leeds Road Newville, P A 1724] Loan Number: 0439262627 A default exists under the ahove referenced MortgagelDeed of Trust loan agreement. The action required to cure lhe default is lhe paymt:nl of all sums due under the MorlgagelDeed of Trust loan agreement As of [he datc of this letter the total amount due is $ 2.385.38. That sum includes the follmving: 3 paymt..llts totaling: $ 2,216.28 Late charges: $ 150.10 Other fees and/or costs $ 19.00 Unapplled Funds: N/A The total amount due shoVvTI above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may hecome 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 $ 2,385.38 BY Januarv 20. 2006 TO THE FOLLOWING ADDRESS Homecoming, Financial. P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 Ea,t Sk)' Harhor 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 fmiher notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the MortgagelDeed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public foreclo::;ure ::;ale. 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 MortgagelDeed 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 THlS NOnCE [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 Smcerely. Loan Counsehng Department IlLll *Homcovmersbip counseling is available to you througb the 'Credit Counseling Resource Center' (CeRe), an alliance of CO>>SllmCf credit coumeling agencies. Tbe CCRe h!l~ been retained hy Homecomings Financial to provide advice to you on credit i3su~, including how 10 reduce debt and improve cash flow management capabilities. You may contact them at 1.877.806.0775 for assistance at no cost to you, or you may wish to contact a HUD-approved housing counseling agency by calling 1.800.569.4287 for furthr::r information. Homecomings Financial 2711 North Haskell Avenue Suite 900 Dallas, Texas 75204 800.206.2901 Homecomings.com EXHIBIT f. 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 INfORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE fhis is an otlicial notice that the mortl2:age on Your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is nrovided ill the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROORAM (HEMAl') mnv be able to helD to save Your home. This Notice exolains how the orogram works To see if HEtv1AP call helD YOU must :MEET WITH A CONSU1vffiR CREDIT COUNSELWG AGENCY WITHIN 30 DA YS OF TH DA IE OF TIllS NOTICE. Take this notice with you when YOU meet with the Counseling Ag:ency. The name, address and ohone number of Consumer Credit Counseling Agencies servinlZ your County are listed at the end of this Notice. If YOll have an\' questions yOU may call the Pennsvlvania HOllsinlZ Finance AlZencv toll free at [-800~342-2397..: (Persons with imoaired hearinQ: can call (717) 780.1869). This Notice contains important legal information. Counseling Agency may be able to heIp explain it. association may be able to help you find a lav.;yer. If you have any questions, representatives at the Consumer Credit You may also want to contad an attorney lt1 your urea. The locul bllr LA NOTII'ICACION EN ADJUNTO ES DE SOMA IMPORTANCIA. PllliS AFECTA SU DERECIIO A CONTINUAR VrvIENDO EN SU CASA 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCJONAOO 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 REDIMIR SU HIPOTECA Date: December 21, 2005 TO Jobn H Ball 49 Leeds Rd Nevr'ville. PA ] 724] Premises 49 Leeds Road Newville, PA 17241 Re Loan Number' 0439262627 i-ROM: Homecomings .Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE 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 ASSIST ANCE: IF YOUR DEF AUL T I-lAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELlGIBILITY REQUIREMENTS EST ABLlSHED BY THE PENNSYI. VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-ta-face'" meeting with one of the consumer credit cOlmseling 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 or nrrs 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 teleohone numbers of desif!TIflted consumer credit counselinp; ag~pci~ fQf tl1~CQl1n!yjIl_\VQich,Jh~_pl"QP~Ity i_?lQQ9Jeg___~q;u;eLforttI !ltJ_h~ yndofthisJ'Jotlc:e It is only necessary to schedule one faee~to-facc meeting. Advise yom lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage IS in delault for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) Tfyou 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, s;ign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed ut the end 0.1' this Notice. Only conswner credil co.unseling agencies have applit;utions for the program and they will assist you in submitting a complete application to the Penn~'Ylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to~facc meeting LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial Attn: Ryan Ramos 9350 Wax!e Way Ste. 100 San Diego, CA. 92 123 Fax 858-514-5516 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 LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- A vailahle funds for emergency mortgage assistance are very limited They will he disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set fOIth above You will be notified directly by the Pennsylvania Housing Finance Agency 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 ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 49 Leeth; Road, Newville, P A 17241 IS SERlOUSL Y IN DEFAULT becaose: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts arc now past due: Monthly payments iiom 10/01105 to 12/01/05 totaling Late Charges: Other fees and/or <.:osls (including NSF charges and properly lilspections): LESS Unapplied Funds: roTAL $ 2,216.28 $ 150.10 $ 19.00 N/A $ 2.385.38 HOW TO CURE THE DEFAULT - You may cure the default withm THIRTY (10) DAYS of tbe date of Ih,s Notlce BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 2,385.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DA Y PERIOD payments must he made either hv cash, cashier's check certified check or money order made n3vable 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 - If you do not cure the delimit within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its ril!ht to accelerate the mortl!8ee debt. This means that the entire olltstanding 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 nO) DA YS. 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 otl the mOl1gage debt. If the lender reters your case to its attorney, but you cure the delmquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incumxl, 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 exeeed $50.00. Any attorney's fees will be added to lhe amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY neriod. you will not he required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally lor the unpaid prinCipal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within [he THIRTY (30) D^ Y period and foreclosure proceedings have begun, vou still have the right to cme the default and prevent the sale at any timc UP to one hour before the Sheriff's Sale. You may do so by paying the total amount then Dast due Dlus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in \Witing by the lender and bv nerfolming any other requirements under the 1110Itgage. 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 estrmated that the earliest date that such a Shenffs Sale of the mortgaged property could be held would be approximatcl:y six (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 \vill increase the longer you wait. You may find out ::it any time f:xactly what the relluired paymenl or adion will be by contading the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas. TX 75204 Altn: Loan Counseling Department Phone 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged propelty and your right to occupy it. If you continue to live in the property after the Sheriff's SnIe, a lawsUlt 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 arc satisfied. YOU MAY ALSO HAVE TIlE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LEND1NG lNSTITUTION TO PA Y OFF THIS DEBT. TO HAVE THIS DEfAULT CURED BY ANY THIRD PARTY ACTING ON YOURIJEHALf TO HAVE TIlE MORTGAGE RESTORED TO TIIE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT ']0 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 LAWSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 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 Counseling Department Enclosure(s) I ,ist 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. dren, ESQUIRE OFFICES, P.C. \) ~ 1~~ lrt _ 0-t OJ :& tv -u ~~ 1- " , j ;O~, .-< -.-:", ......- .'" reo'; \"~~l ;'-' c::7 g ~ c- , j ..-:'1 -,::,?" L) ---------.- SHERIFF'S RETURN - REGULAR CASE NO: 2006-00920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NA VS BALL JOHN H DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BALL JOHN H the DEFENDANT at 1211:00 HOURS, on the 21st day of February 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JOHN H. BALL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .39 .00 10.00 .00 28.39 />"p;:;;''!;;:~-'~.";.: ,~' ..' ~~;;;e..J' " R. Thomas Kline 02/21/2006 UDREN LAW OFFICE Sworn and Subscribed to before By: day of me thi s J M--' A.D. ary 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 u.s. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) NO. 0'-920 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) John H. Ball 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 2/2/06 to 3/31/06 Late charges per Complaint From 2/2/06 to 3/31/06 Escrow payment per Complaint From 2/2/06 to 3/31/06 TOTAL $69,145.13 1,117.08 60.04 85.18 $70.407.43 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 attac ed hereto. DAMAGES ARE DATE: lJpa:.1 ( HEREBY ASSESSED AS 7 J. (5u!o ( 'ND'CATED~~;r PRO PROTHY - " .- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY 1.0. NO. 04302 WOODCREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 U.S. Bank, N.A., as Trustee Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. John H. Ball Defendant(s) NO. ~-920 Civil Term TO: John H. Ball 49 Leeds Road Newville, PA 17241 DATE of Notice: March 20, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 -249- 3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WI L E USED FOR THAT PURPOSE. ar. , squlre 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 U.S. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 0&-920 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS 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 (l08 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: I Defendant: Age: Residence: Employment, John H. Ball Over 18 As captioned above Unknown Sworn to and subscribed before me this 31st day ~~a;ch, J~ Nota&,~~,:i"C: 'ARA ',,::S NOTARY fUBUe OF NEW J,R,:r;y eom"'~~;~ T~1j!r~"- Ml~.t'::'"'~ Name, Titl ; Company: MARK J. UDREN, ESQ. ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. 1"<) ',,~} G ~ '..':, c " -il ~ ~ ~ ~, ~ =:::1 C> ;i1 \) -. F - U( -u ~ ~ r ~ l') ~. j b f"J :n .< t $2 C'\ (U ---- ~ ~ ~ n ------ 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 U.S. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) NO. Ob-920 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter, Amount due $70.407.43 Interest From 4/1/06 3.062.34 to Date of Sale September 6. 2006 Ongoing Per Diem of $19.26 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. \ , , rcJ C ~ '-- ~ --. r ~ .~ ~ D ~-{J~~------ IV t w . . , lI( [J 1l ~ ~ 0{) 8c~w'() ~ ~ ~ D ~ I I (l.J ------ ;-~ I ~ ::-tJ -/-. ~ - - - C> F r " " - " " ~ v...., " ~, ~ ~ - - - . OJ ~ - ~ ~ - '~ -f-- ~ ~ fl--, ;f;-' l.,'; .1'1 :;") _J '.,") r'~.) _.'J c<; -..:.: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-920 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A., AS TRUSTEE, Plaintiff (s) From JOHN H. BALL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $70,407.43 L.L $.50 Interest FROM 4/1/06 TO DATE OF SALE 9/6/06 - ONGOING PER DIEM OF $19.26 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $3,062.34 Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $110.39 Plaintiff Paid Date: APRIL 7, 2006 ~~d2~. 6;;;IS R.~~l Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.c. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: 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 u.s. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. John H. Ball 49 Leeds Road Newville, PA 17241 NO. 0~-920 Civil Term Defendant(s) C E R T I FIe ATE 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, ESQUIRE ATTORNEY FOR PLAINTIFF :i\ ,,-'I r-\ ,.,) ......::.. r'<' '- ., "'- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF u.s. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. John H. Ball 49 Leeds Road Newville, PA 17241 NO. Oh-920 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 u.s. Bank, N.A., as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 49 Leeds Road, (Penn Township), Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s) , Name Address John H. Ball 49 Leeds Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name a record Name and address of every judgment creditor lien on the real property to be sold, Address whose judgment is none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. '- 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept 1 Courthouse Sq, Carlisle, PA 17013 Domestic Relations Section 13 N Hanover St, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other 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 49 Leeds Road (Penn Township) Newville, PA 17241 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, .C. DATED: March 31, 2006 a J. Udren, ESQ. ttorney for Plaintiff c l-; -'-h .~~ :: .~ ,> "",, ~' r-...: . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF U.S. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) NO. Oh-920 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John H. Ball 49 Leeds Road Newville, PA 17241 Your house (real estate) at 49 Leeds Road, (Penn Township) Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA ,to enforce the court judgment of $70,407.43, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges. costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. TO find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 c ',.,,,, t..'::;, "'~'\ :1 -...1 .... 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 U.S. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) ct NO. 0&-920 Civil Term PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED AND SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED AND ENDED AND JUDGMENT SATISFIED, upon payment of your costs only. Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: August 16, 2006 ,..., <<::) = cr> U) rr1 -0 N Q"I -0 :3: o " :i!:n mr- -om ::rJY SQ ~c-H C)a 2m ~ '7.;> ~ .r:- .. (:) U.S. Bank, N.A., as Trustee VS John H. Ball In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-920 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark J. Udren. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 1,491.63 15.00 15.00 15.00 17.60 19.31 297.80 365.00 $2,287.84 ...; q- J1.f::){, so~. sww~er . ~4 /~4"~ , . R. Thomas Kline, Sheriff BYU~ Real Estate erge'llt ' 9- 50 /, e.k.. '5.'55 '1 9' /2u-. I f3:lc 7 r . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF u.s. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. John H. Ball 49 Leeds Road Newville, PA 17241 NO. O~-920 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 U.s. Bank, N.A./ as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 49 Leeds Road, (Penn Township), Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address John H. Ball 49 Leeds Road Newville, PA 17241 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. I I W ~ 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and interest in the sale: N~e address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept 1 Courthouse Sq, Carlisle, PA 17013 Domestic Relations Section 13 N Hanover St, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other 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 49 Leeds Road (Penn Township) Newville, PA 17241 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, .C. DATED: March 31, 2006 a J. Udren, ESQ. ttorney for Plaintiff ( ., y 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 U.S. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) NO. 05-920 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John H. Ball 49 Leeds Road Newville, PA 17241 Your house (real estate) at 49 Leeds Road, (Penn Township) Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $70,407.43, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~ ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFIS SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ... ~. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF u.s. Bank, N.A., as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. Ob-920 Civil Term v. John H. Ball 49 Leeds Road Newville, PA 17241 Defendant(s) DATE: March 31, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) : John H. Ball PROPERTY: 49 Leeds Road (Penn Township) Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 6, 2006, at 10:00 am, at the Commissioners Hearing Room 200 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. II ALL 'I'HAT tERrAIN tract of land, together with the improvements thereon erected, situate in Penn Township, Cumberland county, Commonwealth ofPcnnsyJvanja, more particularly bounded and dcscdhcd as follows: BEGINNING at an iron pipe at comer of land now or formerly of J. Hassinger and H. A. Seiders; thence by the latter land, South 89 degrees 30 minutes West, 250 feet to an iron pipe at land now or formerly of John S. Seiden; thence by said land, North 0 degrees 13 minures West. 176.36 feet to an iron pipe on the souJcm line of a 16.foot wide right of way; thence by the southem line of said right of way, South &8 degrees 58 minutes 20 seconds East, 214.73 feet to an iron pipe ar line of land now or fonnerly of J. Hassinger; thence by said land, South 12 degrees 0 minutes Bast, 179.97 feet to the place ofbc:ginDiDg. CONTAINING .950 acre. THE ABOVE DESCRIBED REAL ESTATE is part oftbe same premises which Anthony G. Seibert, single person, by deed dated March 31. 2003 and recorded. March 31, 2003 in the Office of the Recorder of Deeds of CumberJand Coumy, Pennsylvania in Deed Book 256, Page 1516, conveyed to John H. Dittn1lUl,mmied person, Grantor herein. SUBJECT, NEVERl'IIEiEsS. to building and U~ conditions ami restrictions of record. BEING KNOWN AS: 49 LEEDS ROAD (PENN TOWNSHIP) NEWVILLE, PA 17241 PROPERTY ID NO. : 31-32-2313-024 TITLE TO SAID PREMISES IS VESTED IN JOHN H. BALL, AN UNMARRIED PERSON BY DEED FROM JOHN H. DITTMAN, MARRIED PERSON DATED 4/14/05 RECORDED 4/21/05 IN DEED BOOK 268 PAGE 2500. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-920 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A., AS TRUSTEE, Plaintiff (s) From JOHN H. BALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,407.43 L.L. $.50 Interest FROM 4/1/06 TO DATE OF SALE 9/6/06 - ONGOING PER DIEM OF $19.26 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $3,062.34 Arty's Corom % Due Prothy $1.00 Atty Paid $110.39 Other Costs Plaintiff Paid Date: APRIL 7, 2006 c~.. (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J, UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.c. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 ~ ~, J~~':::::::; !;l:: ~ Real Estate Sale # 22 On May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, P A Known and numbered as 49 Leeds Rd., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17,2006 By: \f~ ~ hn \0 .~ Real ate Sergeant '1'; --;.,1 (S :Z d (, l:fdV qOOl r..-:-_-::--.: '. , ~:: Vd ')"HmO:J GtiVnl38W03 .:L:HH3HS 3Hl .:JO 381.:l.:JO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 NOT ARIA!.: SEAL t.olS E. SNYDER, Notary Public l Carlisle Boro, Cumberland County , My Commission Expires March 5, 2009 .....- RBAL UTATB SALE NO. 22 Writ No. 2006-920 Civil U.S. Bank, N.A., as Trustee vs. John H. Ball Atty.: Mark J. Udren ALL TIiAT CERTAIN tract of land, together with the improvements thereon erected, situate in Penn Township. Cumberland County, Commonwealth of Pennsylvania. more particularly bounded and de- scribed as follows: BEGINNING at an iron pipe at corner of land now or formerly of J. Hassinger and H. A. Seiders; thence by the latter land, South 89 degrees 30 minutes West, 250 feet to an iron pipe at land now or formerly of John S. Seiders; thence by said land, North 0 degrees 13 minutes West, 176.36 feet to an iron pipe on the southern line of a 16-foot wide right of way; thence by the southern line of said right of way, South 88 de- grees 58 minutes 20 seconds East, 214.73 feet to an iron pipe at line of land now or formerly of J. Hassinger; thence by said land, South 12 degrees 0 minutes East, 179.97 feet to the place of begin- ning. CONTAINING .950 acre. THE ABOVE DESCRIBED REAL ESTATE is part of the same prem- ises which Anthony G. Seibert, single person, by deed dated March 31, 2003 and recorded March 31, 2003 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 256, Page 1516, conveyed to John H. Dittman, married person, Grantor herein. SUBJECT, NEVERTHELESS, to building and use conditions and re- strictions of record. BEING KNOWN AS: 49 Leeds Road (Penn Township) Newville, PA 17241. PROPER1Y ID NO.: 31-32-2313- 024. TITLE TO SAID PREMISES is vested In John H. Ball, an unmar- ried person by deed from John H. Dittman, married person dated 4/ 14/05 recorded 4/21/05 in Deed Book 268 page 2500. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #22 " CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 :,(. ,'j", , , .~ ll""~~ I.