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HomeMy WebLinkAbout02-1277 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) :COURT OF COMMON PLEAS =CIVIL DIVISION :Cumberland County NO. - ?? 7/ ?tlJtCT" COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 s 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 o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las 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 o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, 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. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Keystone Financial Bank, N.A., d/b/a Keystone Financial Mortgage Assignee: Bank of America, N.A. Recording Date: 7/28/00 Book: 650 Page: 474 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: Lot 6, Mount Rock Road MUNICIPALITY/TOWNSHIP/BOROUGH: West Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 7/30/99 DATE RECORDED: 8/03/99 BOOK: 1561 PAGE: 983 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 3/8/02: Principal of debt due and unpaid $98,789.63 Interest at 8.375% from 11/1/O1 to 3/8/02 (the per diem interest accruing on this debt is $22.67 and that sum should be added each day after 3/8/02) 2,901.43 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $244.53 and that sum should be added on the first of each month after 3/8/02) (760.76) Late Charges (monthly late charge of $38.00 should be added on the fifteenth of each month after 3/8/02) 114.00 Attorneys Fees (anticipated and actual to 5% of principal) 4,-9-3-9--4-a TOTAL $106,513.78 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected f 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 $106,513.78 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY LARRY V. NEIDLINGER, R.P.L.S., DATED July 3, 1998 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 78, PAGE 32. BEGINNING AT A NAIL SET IN CENTERLINE OF MOUNT ROCK ROAD, T-325 AT CORNER OF LOT NO. 2 ON PLAN OF STEVEN FAILOR AS SHOWN IN PLAN BOOK 71, PAGE 84; THENCE ALONG LOT NO. 2 ON SAID PLAN NORTH 25 DEGREES 10 MINUTES EAST 454.71 FEET TO A POINT; THENCE ALONG LOT NO. 8 ON PLAN SOUTH 76 DEGREES 51 MINUTES 30 SECONDS EAST 201.90 FEET TO AN IRON PIN; THENCE ALONG LOT NO. 7 ON PLAN SOUTH 02 DEGREES 11 MINUTES 17 SECONDS WEST 426.21 FEET TO A NAIL IN CENTERLINE OF MOUNT ROCK ROAD, T-325; THENCE ALONG CENTERLINE OF MOUNT ROCK ROAD 87 DEGREES 48 MINUTES 43 SECONDS WEST 65.45 FEET TO A POINT; THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 1056.34 AND AN ARC DISTANCE OF 278.38 FEET TO A POINT IN CENTERLINE OF MOUNT ROCK ROAD, T-325, THENCE STILL ALONG CENTERLINE OF MOUNT ROCK ROAD T-325 NORTH 72 DEGREES 42 MINUTES 46 SECONDS WEST 36.38 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.9575 ACRES AND DESIGNATED AS LOT NO. 6 ON PLAN OF STEVEN A. AND CYNTHIA L. FAILOR. February 5, 2002 EDWARDS R. WALTERS LOT 6 MT ROCK ROAD CARLISE PA 17013 Loan Number: 2003556566 Dear Customer: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached napes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). MUMWA This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Edward R. Walters Lot 6 MT Rock road Carlise PA 17013 2003556566 Keystone Financial Bank of America Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency 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 naives, addresses, and telephone numbers of designated consumer credit counseling agencies for the count in which the propert is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your Property located at: Lot 6 MT Rock Road Carlise PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: December 1, 2001, January 1, 2002, and February 1, 2002 Other Late Charges $76.00 charges TOTAL AMOUNT PAST $3089.83 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 PAST DUE TO THE LENDER, WHICH IS $3089.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Bank of America 475 Crosspoint Pkwy PO Box 9000 Getzville, NY 14068-9000 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your 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 attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal 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 the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do sob paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bank of America Mortgage Address: 475 Crosspoint Pkwy PO Box 9000 Getzville, New York 14068-9000 Phone Number: 800.846.2222 Fax Number: 716.635.2600 Contact Person: Karen Michelson EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: February 5, 2002 EDWARDS R. WALTERS 565 MOUNT ROCK ROAD NEWVILLE PA 17241 Loan Number: 2003556566 Dear Customer: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency . The name, address and phone number of Consumer Credit Counseling Agencies serving our County are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NO: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Edward R. Walters Lot 6 MT Rock road Carlise PA 17013 2003556566 Keystone Financial Bank of America Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" LAPLAINS HUW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your Property located at: Lot 6 MT Rock Road Carlise PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: December 1, 2001, January 1, 2002, and February 1, 2002 Other Late Charges $76.00 charges TOTAL AMOUNT PAST $3089.83 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 PAST DUE TO THE LENDER, WHICH IS $3089.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either b cashier's check, certified check or money order made pa able and sent to: Bank of America 475 Crosspoint Pkwy PO Box 9000 Getzville, NY 14068-9000 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your 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 attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to.$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal 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 the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 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 wilt increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bank of America Mortgage Address: 475 Crosspoint Pkwy PO Box 9000 Getzville, New York 14068-9000 Phone Number: 800.846.2222 Fax Number: 716.635.2600 Contact Person: Karen Michelson EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: February 5, 2002 MICHELE D. YANA LOT 6 MT ROCK R OAD CARLISE PA 17013 Loan Number: 2003556566 Dear Customer: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default, and the lender intends to foreclose. Specific information about the nature of the default is Drovided in the attached nnuec. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving our County are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearm2 can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NO: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Michele D. Yana Lot 6 MT Rock road Carlise PA 17013 2003556566 Keystone Financial Bank of America Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM J MAY BE ELIGIBLE FOR FINANCIAL FROM FORECLOSURE AND HELP YO 'ANCE WHICH CAN SAVE YOUR HOME MAKE TGAGE PA IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXFLAINS HUW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency 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 naives, addresses, and telephone numbers of designated consumer credit counseling agencies for the count in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your Property located at: Lot 6 MT Rock Road Carlise PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: December 1, 2001, January 1, 2002, and February 1, 2002 Other Late Charges $76.00 TOTAL $3089.83 AMOUNT charges PAST 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 PAST DUE TO THE LENDER, WHICH IS $3089.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Bank of America 475 Crosspoint Pkwy PO Box 9000 Getzville, NY 14068-9000 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage 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 fill payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your 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 attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal 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 the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do sob paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writine by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bank of America Mortgage Address: 475 Crosspoint Pkwy PO Box 9000 Getzville, New York 14068-9000 Phone Number: 800.846.2222 Fax Number: 716.635.2600 Contact Person: Karen Michelson EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: February 5, 2002 MICHELE D. YANA 565 MOUNT ROCK ROAD NEWVILLE PA 17241 Loan Number: 2003556566 Dear Customer: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default, and the lender intends to foreclose. Specific information about the nature of the default is nrovided in the attach Pd naaPc The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NO: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Michele D. Yana Lot 6 MT Rock road Carlise PA 17013 2003556566 Keystone Financial Bank of America Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency 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 naives, addresses, and telephone members of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your Property located at: Lot 6 MT Rock Road Carlise PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: December 1, 2001, January 1, 2002, and February 1, 2002 Other Late Charges $76.00 charges TOTAL AMOUNT PAST $3089.83 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 PAST DUE TO THE LENDER, WHICH IS $3089.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made pa able and sent to: Bank of America 475 Crosspoint Pkwy PO Box 9000 Getzville, NY 14068-9000 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your 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 attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal 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 the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bank of America Mortgage Address: 475 Crosspoint Pkwy PO Box 9000 Getzville, New York 14068-9000 Phone Number: 800.846.2222 Fax Number: 716.635.2600 Contact Person: Karen Michelson EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: 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. Mark fT. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES ? N V ca d T z CJ .; rn .. Tj c.3 _ f SHERIFF'S RETURN - REGULAR CASE NO: 2002-01277 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS WALTERS EDWARD R ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WALTERS EDWARD R the DEFENDANT , at 1455:00 HOURS, on the 15th day of March , 2002 at 565 MT ROCK ROAD NEWVILLE, PA 17241 MICHELE YANA was served upon by handing to 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 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this q &- day of ?.? .-? 113a . L A. D. r thonotary So Answers: R. Thomas Kline 03/18/2002 MARK UDREN By: r Deputy Sherif CASE NO: 2002-01277 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS WALTERS EDWARD R ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE YANA MICHELE D was served upon the DEFENDANT , at 1455:00 HOURS, on the 15th day of March , 2002 at 565 MT ROCK ROAD NEWVILLE, PA 17241 MICHELE YANE by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 11 So Answers: R. Thomas Kline 03/18/2002 MARK UDREN Sworn and Subscribed to before me this y ?5- day of d(tcJ A.D. By A 1- ' Deputy S e i f rothonotary MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS :CIVIL DIVISION .Cumberland County :MORTGAGE FORECLOSURE NO. 02-1277 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) 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 3/9/02 to 4/19/02 Late charges per Complaint From 3/9/02 to 4/19/02 Escrow payment per Complaint From 3/9/02 to 4/19/02 $106,513.78 952.14 76.00 TOTAL $107,786.45 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (21-,.,that notice has been given in accordance with Rule 237.1, a gopy of hi h is attached hereto. & ASSOCIATES J. for Alaintiff DAMAGES ARE HEREBY` ASSESSED AS IND TED DATE : 0? - (J C! ? ? i -/-r PRO PROTHY Q ?4 0 CD c N C? MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Bank of America, N.A. Plaintiff V. Edward R. Walters Michele D. Yana Defendant(s) DATED: April 8, 2002 TO: Edward R. Walters 565 Mount Rock Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-1277 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ACTON 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 O 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, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 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 WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Bank of America, N.A. Plaintiff V. Edward R. Walters Michele D. Yana Defendant(s) DATED: April 8, 2002 TO: Michele D. Yana 565 Mount Rock Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-1277 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 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 O 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, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 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 WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. :COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 :Cumberland County Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) MORTGAGE FORECLOSURE NO. 02-1277 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Me (.,J Zle eS e Y COUNTY OF CC-fn de.J 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 Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Edward R. Walters Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Michele D. Ya Age: Over 18 Residence: As captioned alb e Employment: Unknown f N e : M ar ?S. re.J Title : ESQ Or) Sworn to and subscribed Companyy:+lor.?ey ?o A fa?N -V+ before me this /9 day McLrkS,Ucetre,,L QSSOC. Lb'?'47' ",/,.7 otar lic z MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank f ATTORNEY FOR PLAINTIFF W America, iv.A. COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 -Cumberland County Getzville, NY 14068-9000 = MORTGAGE FORECLOSURE Plaintiff V. Edward R. Walters NO. 02-1277 Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) _ TO: Edward R. Walters 565 Mount Rock Road Newville, PA 17241 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. -X- Judgment by Default Prothonotary - Money Judgment Judgment in Replevin - Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark T d on_??ira At this telephone number: 8 6-48 6 00 0 MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. -COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 -Cumberland County Getzville, NY 14068-9000 = MORTGAGE FORECLOSURE Plaintiff V. Edward R. Walters = Michele D. Yana :NO. 02-1277 565 Mount Rock Road Newville, PA 17241 = Defendant(s) TO: Michele D. Yana 565 Mount Rock Road Newville, PA 17241 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. -X- Judgment by Default Prothonotary - Money Judgment - Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration _. Judgment on Verdict - Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark droptir7L? ro At this telephone number:_ a 6-4A -6 00 0 U s c- -v i-r r o MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 NO. 02-1277 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From April 20, 2005, to Date of Sale September 4, 2002 Per diem @$22.67 (Costs to be added) $ ATTORNEY FOR $107,786.45 J & ASSOCIATES n o , K MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 -Cumberland County Getzville, NY 14068-9000 -:MORTGAGE FORECLOSURE Plaintiff V. Edward R. Walters NO. 02-1277 Michele D. Yana 565 Mount Rock Road Newville, PA 17241 - Defendant(s) TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: Lot 6, Mount Rock Road Carlisle (West Pennsboro Township), PA 17013 SEE LEGAL DESCRIPTION ATTACHED Amount due $107,786.45 Interest From April 20, 2002 3,128.46 to Date of Sale September 4, 2002 Per diem 0$22.67 (Costs to be added) Prothonotary By Clerk Date COURT OF COMMON PLEAS NO. 02-1277 Bank of America, N.A. VS. Edward R. Walters Michele D. Yana WRIT OF EXECUTION REAL DEBT $ 107,786.45 INTEREST $ 3,128.46 fro April 20, 2002 to Date of Sale SAptemher 4, 2002 Per diem @$22.67 COSTS PAID: PROTHY SHERIFF STATUTORY COSTS DUE PROTHY. PRSMFSe S T BE SOLD: 0 Mount Rock Road Car (Wes Pennsboro Township), PA 17013 Mark J. Udren, E -SQUIRE MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NJ 08034 C ° ?Y (856) 482-6900 v -0 Q r (J \?\ y:if Jrn --t 1 \L1) M MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County =MORTGAGE FORECLOSURE NO. 02-1277 C E R T I F I C A T 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. & ASSOCIATES ark J. Udrd TTORNEY FOR ESQUIRE PLAINTIFF LTJ --a CG' t _v v 'i MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE :NO. 02-1277 AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., 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: Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Edward R. Walters 565 Mount Rock Road, Newville, PA 17241 Michele D. Yana 565 Mount Rock 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. Union Planters Bank, N.A. 7130 Goodlett Farms Pkwy., Cordova, TN 38018 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), 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 fA] sification to authorities. & ASSOCIATES DATED: April 19, 2002 dark J. Udren,\ ESQ. Attorney for Pl nt CD 0 c r7l i MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 -Cumberland County Getzville, NY 14068-9000 Plaintiff .NO. 02-1277 V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) DATE: April 19, 2002 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF RAT. PROPERTY OWNER(S): Edward R. Walters and Michele D. Yana PROPERTY: Lot 6, Mount Rock Road Carlisle (West Pennsboro Township), PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September, 4 2002, at 10:00 A.M., at the Commissioners Hearing Room, 2nd 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. CO L Z= C) rn MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 :Cumberland County Getzville, NY 14068-9000 :MORTGAGE FORECLOSURE Plaintiff V. Edward R. Walters 'NO. 02-1277 Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Your house (real estate) at Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 is scheduled to be sold at the Sheriff's Sale on September 4, 2002, at 10:00 A.M. in the Commissioners Hearing Room,2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $107,786.45, 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 g r TO PREVENT TH GHERTF ' ATE To prevent this Sheriff's Sale, you must take immediate actioa• 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900- 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLL TO SAVE YOUR PROPERTY AND YOU AVE OTHER RIGHTS EVEN TF THE QS7RATRR I S S I R nogg 1[R yr Arrz 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE 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 DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 I G N N ` ( ) C C D MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE 'NO. 02-1277 NOTICE OF SHE I Z $ T R Op' RAT PRAARRTY TO: Edward R. Walters 565 Mount Rock Road Newville, PA 17241 Your house (real estate) at Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 is scheduled to be sold at the Sheriff's Sale on September 4, 2002, at 10:00 A.M. in the Commissioners Hearing Room,2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $107,786.45, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNERIS RIGHTS YOU MAY BE TO PREVENT THIS SHERIFF'S SAT Z To prevent this Sheriff's Sale, you must take immedJa a a ioa- 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-69aD 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL 8$ AAT.R TO SAVE YOIIR R[1ARRTV ypQ HAV$ OTHF17 ATf'FiTS EVEN SF THE RLTRATA7T ? S S i $ DOSS TAR vI al'R 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE 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 DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 0 o c N ; M 17i - _, .y ?-TI r- 7 r rv WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1277 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. PLANTIFF(S) From EDWARD R. WALTERS and MICHELE D. YANA, 565 MOUNT ROCK RD., NEWVILLE PA 17241.. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT LOT 6, MT. ROCK RD., CARLISLE (WEST PENNSBORO TWP) PA 17013. SEE ATTACHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,786.45 L.L. $.50 Interest 4/20/02 - 9/4/02 ($22.67/DAY) $3,128.46 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $121.52 Plaintiff Paid Date: April 22, 2002 REQUESTING PARTY: CURTIS R. LONG Prothonotary, Civil Division By: Name MARK J. UDREN, ESQ.. Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL NJ 08034 Attorney for: PLAINTIFF Telephone: (856) 482-6900 Supreme Court ID No. 04302 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren ATTORNEY FOR PLAINTIFF ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. COURT OF COMMON PLEAS 475 CrossPoint Parkway :CIVIL DIVISION P.O. Box 9000 -Cumberland County Getzville, NY 14068-9000 = Plaintiff V. Edward R. Walters = Michele D. Yana :NO. 02-1277 565 Mount Rock Road Newville, PA 17241 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the relating to unsworn falsification to a Dated: August 9, 2002 Les of 18 Pa.C.S. Section 4904 ies. MARK BY: & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. RINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) DATE: TO: May 30, 2002 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-1277 ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF FAT. PRQPRRT' OWNER(S): Edward R. Walters & Michele D. Yana PROPERTY: Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the umhcrland County Sheriff's Sale on S T+- i, A.M:, at the Commissi at 10:00 oners Hearing Room, 2nd 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 r Cn N Ti a O o W m co V m ti 'T1 N D- N A' 0 S m 3 C N Q W n O N ? C CL c a N ? r e_$m c n p QQ•g3 o'2 o` ? Z e 3 ° ? Q 01? V M? O N? $? w p - :e 7 m ?? O m 'p o'`$m°mao 7 3=v4?i ?m m?S?Q$?gn oY25 ?', ?'3 Q°;g 0 amm m ro c m Sj'. w 3° 3 ? b. ?3 awmam 8m;3Rm m=-o ce. a n £ 3 N 'pp ?v Im 3 a ? m 0 W o =m 0 am$: ? g m a ? 3 .3. x ? m ? v m' 3 m ° a y N= 3 N 8 m 0 °.0 O . ru V Q O n m ? J J r, ca 8c 0-IOo p J o mo'i oTi 3 D o ?3 ° C o 33 cM w vv 6T m ?? wFi Z N N C`?l n 0`R m co o b CD o i > O JC CO > N N RID 0- o ND m Z D O a rn _0 co ' v o a• A x3 w v Do m C 3.- z C- 14 cr C d `a o CL < < m >0 D 1 y c _ N ? m n 5 mm ? CRY 0? uN io oyr --? mi U S.PO TAGE } 1.25 V.9.Mt.FA ~'tif r W ?am co CL ° m m M CD Z CD N a CL 0 0) z (D m c ? 3 0 m m . ?v m H 3 D m a C) O T. a m o' x ° Z C r - o m ?y pD D N T =--_iZmo ur r"mG) Z-n r (n A, m C C- (n m c O x o ? c 0 A D fD °m ? a q 0 m o ? N m N G - CD v N 0000 a 005 O,i m N CL L m 0 n ? - M T M m 0n? -n N n 'y ?7 m d n m ? a m, v O o 0 y mn??07 mm 10. ?oav 0 d y C F5n,m m"d S m ? c C j O W N N W ? C N I ? o am ? T m n ?. x 010 K C& ? 2 co n 8p° ? a m -n ;a N m, m m ~ ' m O C n n (A ,d. c o ma y m -n (n m A Bank of America, N.A. VS Edward R. Walters and Michele D. Yana In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1277 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Edward R. Walters, by making known unto Michele Yana, wife of defendant, at 565 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michele D. Yana, by making known unto Michele Yana, personally, at 565 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 3:08 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 Edward R. Walters and Michele D. Yana located at 565 Mt. Rock Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Edward R. Walters, by regular mail to his last known address of 565 Mount Rock Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Michele D. Yana, by regular mail to her last known address of 565 Mount Rock Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office Sworn and subscribed to before me This day of 2002, A.D. Prothonotary R. Thomas Kline She ' , nff BY \1i/Yl? Real Estate Deputy C N O -TI ZT l?' (TI -*- v MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Edward R. Walters Michele D. Yana Defendant(s) NO. 02-1277 MOTION TO SET ASIDE SALE AND CANCEL DEED Plaintiff, Bank of America, N.A., by its Attorney, Mark J. Udren, Esquire, respectfully requests the Honorable Court to set aside the Sheriff's Sale held on September 4, 2002, and in support thereof avers as follows: 1. On September 4, 2002, the real property located at Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013("Property") was sold at Sheriff's Sale ("Sheriff's Sale") to enforce Plaintiff's judgment in mortgage foreclosure against Defendants in the above matter, which judgment was entered on April 22, 2002, in the amount of $107,786.45. A true and correct copy of the Praecipe For Judgment is attached hereto as Exhibit "A". 2. Plaintiff was the successful bidder at said Sheriff's Sale. 3. Subsequent to the Sheriff's Sale, Plaintiff received notification that Defendant(s) had filed a Chapter 13 Bankruptcy Petition, Case #02-04788 on September 3, 2002, prior to the Sheriff's Sale. Therefore, pursuant to 11 U.S.C. Section 362(a), the automatic stay, the sale is void ab initio, and therefore, must be set aside. A true and correct copy of the Bankruptcy Docket is attached hereto as Exhibit "B". WHEREFORE, so as to rectify of record the inadvertent sale of the Property at a time when Defendant(s) were in Bankruptcy, Plaintiff respectfully requests this Honorable Court to set aside the Sheriffs Sale of the subject Property held on September 4, 2002. Respectfully submitted, MARK J. UDREN & ASSOCIATES By: .-? Mark J. Udren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. Plaintiff V. Edward R. Walters Michele D. Yana Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-1277 PLAINTIFF'S MEMORANDUM OF LAW In the context of the enforcement of judgments such as the judgment entered in the instant mortgage foreclosure action, the court has the discretion to set aside the sale of real property or enter any other order which may be just and proper under the circumstances. Cf. Pa.R.C.P. 3132, "Setting Aside Sale." In the present case, Plaintiff became the successful bidder at Sheriff's Sale held on September 4, 2002. Defendant's filing of a Chapter 13 Bankruptcy Petition on September 3, 2002, was not found out by Plaintiff's counsel until subsequent to said Sheriff's Sale. Accordingly, the Sheriff's Sale is void ab initio pursuant to 11 U.S.C. Section 362(a), the automatic bankruptcy stay, and should be set aside. Plaintiff respectfully requests, therefore, that the Honorable Court enter an Order setting aside/vacating the September 4, 2002 Sheriff's sale. Respectfully submitted, MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff/Movant MARK J. UDREN & ASSOCIATES Mark J. Udren, Es ATTORNEY FOR PLAINTIFF quire `TTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 'COURT OF COMMON PLEAS 475 CrossPoint Parkway P.O :CIVIL DIVISION . Box 9000 -Cumberland County Getzville, NY 14068-9000 Plaintiff :MORTGAGE FORECLOSURE V. Edward R. Walters NO. 02-1277 Michele D. Yana 565 Mount Rock Road V Newville, PA 17241 a Defendant(s) _Q 65 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AuD A CMT'?.'^' OF AmAGRq M TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) 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 $106,513.78 From 3/9/02 to 4/19/02 952.14 Late charges per Complaint From 3/9/02 to 4/19/02 76.00 Escrow payment per Complaint From 3/9/02 to 4/19/02 244-51 TOTAL $107 786-4g Defendant hereb asc rtif that (1) the addresses of the Plaintiff and above, and. (2 that notice has been given in accordance with Rule 237.1, a Jopx of hi h is attached hereto. shown & ASSOCIATES --?-•v vuL C11 ZbWUIRE Attorney for aintiff DAMAGES ARE HEREBY ASSESSED AS IND TED DATE : + ? 4 PRO PROTHY E IBITA M Docket for Case: "'+ GetCaseNoo + it (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 1 Bankruptcy Docket Report 102-04788 (Harrisburg) WALTERS, EDWARD R Docket items entered between 01/01/1931 and 09/12/2002 Filing Date No. Docket Entry 09/03/02 RY PETITION under Chapter 13 & Mailing Matrix [EOD 09/03/02 09/03/02 ] (BR] ION to pay filing fees in installments Re: Item # 1. [EOD 09/03/02 09/03/02 ] [BR) payment of Filing Fees in Installments: fees due by 12/02/02 Re: Item # 2. [EOD BR] 09/03/02 intent to dismiss case unless missing documents are filed: due by 09/18/02 Re: Item # I. /02] [BR] Printed: 09/ 12/02 15:04:09 PACER Service Center Transaction Receipt 09/12/2002 15:04:09 Need help? Try the PACER User's ride Owacer--"? Servic r 14 EXHIBIT B VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion to Set Aside Sheriffs Sale and Memorandum of Law in Support are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated:-. MARK J. UDREN & ASSOCIATES By Mark J. Udren, Esquire Attorney for Plaintiff/Movant MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. Plaintiff V. Edward R. Walters Michele D. Yana Defendant(s) ATTORNEY FOR PLAINTIFF jCOURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-1277 CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiff's Motion To Set Aside Sheriff's Sale and Memorandum of Law in Support upon the following person(s) named herein at their last known address or their attorney of record. X Regular First Class Mail Certified Mail other (certificate of mailing) Date Served: OC+oi?,? 1f9i ?OOa TO: Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff/Movant r- ?? r. ? _..y ; "Z; C? ti? [i'. ?_.. __ _ ?? ? ?."? '{ ? MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. Plaintiff OCf T-2'?2002 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Edward R. Walters Michele D. Yana Defendant(s) NO. 02-1277 ORDER ?.1#,?,, AND NOW, to wit, this ; *14* day of 04yt 200 iq= consideration of Plaintiff's Motion to Set Aside Sheriff's Sale, and any response thereto, it is hereby ORDERED and DECREED that the Sheriff's Sale of Property located at Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013, held on September 4, 2002, is set aside and vacated. toll-- RX-3? n, jzA 73. U aRrd DeFts -! Bank of America, N.A. VS Edward R. Walters and Michele D. Yana In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1277 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Edward R. Walters, by making known unto Michele Yana, wife of defendant, at 565 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2002 at 12:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michele D. Yana, by making known unto Michele Yana, personally, at 565 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 3:08 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 Edward R. Walters and Michele D. Yana located at 565 Mt. Rock Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Edward R. Walters, by regular mail to his last known address of 565 Mount Rock Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Michele D. Yana, by regular mail to her last known address of 565 Mount Rock Road, Newville, PA 17241. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriff's Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Mark J. Uren for Bank of America, N.A. It being the highest bid and best price received for the same, Bank of America, N.A., being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $735.96, it being costs. Deed will not be recorded for this property by the Sheriff due to a court order issued on the 24th day of October 2002, upon which the Sheriffs Sale held on September 4, 2002 for the property located at Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 is set aside and vacated. Sheriffs Costs: Docketing $ 30.00 Poundage 14.43 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Certified Mail 4.16 Levy 15.00 Surcharge 30.00 Law Journal 311.90 Patriot News 251.35 Share of Bills 25.20 $ 735.96 by attorney 01/08/03 Sworn and subscribed to before me This day o R. Thomas Kline,'Shenff 2003, A.D. QIq BY ?jD C+,C r thonotary ?T Real Estate deputy ?/`aG?.P t33 tyo J MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE :NO. 02-1277 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $i07 786 a5 Interest From April-20, 2002 9,476.0 to Date of Sale June 11, 2003 Per diem @$22.67 (Costs to be added) $ MARK J. UDREN & ASSOCIATES r J Udren, ESQUIRE \ TORNE R PLAINTIFF r-? f ?f rip w ..A ?9. '0 1 O-j I 1 I ? ? 1 1 \ "l- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County -MORTGAGE FORECLOSURE NO. 02-1277 C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES 1 Sk U r en, ESQUIRE RN FOR PLAINTFF ,, , _? .. ,, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County -MORTGAGE FORECLOSURE NO. 02-1277 AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., Plaintiff in the above action, b Mark J. Udren, ESQ., sets forth as of the date the PraecipelforatherWrit of Execution was filed the following information concerning the real property located at: Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 1. Name and address of Owner(s) or reputed Owner(s)- Name Address Edward R. Walters 565 Mount Rock Road, Newville, PA 17241 Michele D. Yana 565 Mount Rock 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. Union Planters Bank, N.A. See Caption above. 7130 Goodlett Farms Pkwy Cordova, TN 38018 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of every knowledge who has any interest the sale: Name Tenants/Occupants 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 other person of whom the plaintiff has in the property which may be affected by Address Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), pA 17013 I verify that the statements made in this afifinfodavri aron e tandrue and beliefcorrect to the best of my personal knowledge or t ati. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. I sec. 4904 relating to unsworn falsification to authorities. DATED: January 8, 2003 MARK J. UDREN & ASSOCIATES jr)k JUdren, ESQ. orney r Plaintiff ?? .> , `; MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank of America, N.A. 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068-9000 Plaintiff ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE V. Edward R. Walters Michele D. Yana 565 Mount Rock Road Newville, PA 17241 NO. 02-1277 Defendant(s) NOTICE OF SHERIFF' S S?,LE_ QF REAL PROSY TO: Edward R. Walters Michele D. Yana 565 Mount Rock Road 565 Mount Rock Road Newville, PA 17241 Newville, PA 17241 Your house (real estate) at Lot 6, Mount Rock Road, Carlisle (West Pennsboro Township), PA 17013 is scheduled to be sold at the Sheriff's Sale on June 11, 2003_, at 10:00 A.M. in the Commissioners Hearing Room,2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $107,786.45, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. CIO T-IC.E-02-9_WNER-'S_RTGHTS YOU MAX?_ABLE TO PREVENT THIS SHERIFF !_S _SALE To prevent this Sheriff's Sale, you must take immediate ac-tiono 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) 4B2-6900- 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y_OU__MAY ST-I LL B-F,-AB34E T9 SAVE__Y-OUR- PROP-F.13T)[--A D YOU HAVE O HZR-RI-GHTS_ YEN IF THE__SI E?IFF' S SALfi DQES TPKF? RLAC-E-, 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 <-, ?= _ ,.> Docket for Case: " + GetCaseNoo + " (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 2 Bankruptcy Docket Report 102-04788 (Harrisburg) WALTERS, EDWARD R Docket items entered between 01/01/1931 and 12/24/2002 Filing No. Docket Entry 1e Date doc ent 09/03/02 1 VOLUNTARY PETITION under Chapter 13 & Mailing Matrix [EOD 09/03/02] Doc #1 PDF 3 [BR] pages) 09/03/02 2 APPLICATION to pay filing fees in installments Re: Item # 1. [EOD 09/03/02] None [BR] 09/03/02 3 ORDER for payment of Filing Fees in Installments: fees due by 12/02/02 Re: Item None # 2. [EOD 09/03/02] [BR] 09/03/02 4 NOTICE of intent to dismiss case unless missing documents are filed: due by None 09/18/02 Re: Item # 1. [Complied] [EOD 09/03/02] [BR] 09/17/02 5 Schedules, Statements, Plan & Summary and all missing documents Re: Item # 4. Doc #5 PDF (26 [EOD 09/18/02] [BR] gages 09/17/02 6 Ch. 13 Plan Re: Item # 5. [EOD 09/18/02] [BR] Doc #6 PDF (3 pages 10/03/02 7 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are Doc #7 PDF due 15 days after meeting held. [EOD 10/03/02] [AUT] a es Att: PLAN PDF 2 pages 10/31/02 8 341 meeting not held-to be rescheduled. [EOD 11/01/02] [CA] None 11/08/02 9 CERTIFICATE of service of notice of rescheduled 341 Meeting [EOD 11/08/02] Doc #9 PDF (2 [AUT] a es 11/20/02 10 MOTION for relief from stay filed by BANK OF AMERICA as Servicing Agent None for FHLMC (Fee Pd. Rec.#589050-AG, $75.00) [EOD 11/20/02] [NP] CERTIFICATE OF NON-CONCURRENCE [EOD 11/20/02] [NP] REQUEST for admission [EOD 11/20/02] [NP] 11/20/02 11 ORDER that answers aredue on 12/10/02 Re: Item # 10. [EOD 11/20/02] [NP] None 11/20/02 12 ENTRY OF APPEARANCE of Heidi R. Spivak, Esquire of Mark J. Udren & None Associates on behalf of Bank of America as servicing agent for FHLMC [EOD 11/21/02] [NP] 11/25/02 13 CERTIFICATE of service Re: Item # 11. [EOD 11/25/02] [NP] None 12/13/02 14 341 meeting not held-to be dismissed. [EOD 12/13/02] [CA] None 12/16/02 15 ORDER to show cause for failure to pay filing fee on 01/13/03 at 10:00 A.M. at None FED.BLDG., BKRPTCY CTRM.(3RD FL-), THIRD & WALNUT STS., HARRISBURG,PA. 17108 [EOD 12/16/02] [BW] 12/16/02 16 ORDER dismissing case for debtor's failure to appear at the Scheduled 341 None Meeting of Creditors [EOD 12/16/02] [NP] http://pacer.pamb.uscourts.gov/cgi-bin/foxweb.exe/npacerInPacer?ExecThis=docket&puid=... 12/24/02 c Docket for Case: GetCaseNoO + + DktTypeExpand(m.gsDktType) + Page 2 of 2 ti 112/20/02 117 I NOTICE to creditors of dismissal of case [EOD 12/20/021 [AUT] ( Doc # 17 M (2 pages Printed: 12/24/02 12:02:10 PACER Service Center Transaction Receipt 12/24/2002 12:02:10 PACER Login: mu0011 Client Code: Description: Docket Case Number: 1 2002-04788 tillable Pages: Cost: 0.14 %Need help? Try the PACER User's Guide racer Service Center http://pacer.pamb.uscourts.gov/cgi-binlfoxweb. exelnpacerInPacer?ExecThis=docket&puid=... 12/24/02 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1277 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. Plaintiff (s) From EDWARD R. WALTERS AND MICHELE D. YANA, 565 MOUNT ROCK ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,786.45 L.L. Interest FROM APRIL 20, 2002 TO DATE OF SALE JUNE 11, 2003 PER DIEM @ $22.67 - $9,476.06 Atty's Comm % Any Paid $869.98 Plaintiff Paid Date: JANUARY 15, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonota Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 14068-9000 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 15th day of Jan, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1277, at the suit of Bank of America N A against Edward r Walters & Michele D Yana is duly recorded in Sheriff's Deed Book No. 259, Page 1646. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I -4t day of A.D. 2003 Rec r rofDeeds Real Estate Sale # 14 On February 5, 2003 the sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA known and numbered as 565 Mount Rock Rd. (Lot 6), Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein Date: February 5, 2003 By: Real Estate Depute M f 4 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 Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd andl 29th day(s) of April and the 6th day(s) of May 2003. 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 SALE #14 REAL ESTATE SALE No. 14 Writ No. 2002-1277 Civil Term Bank of America. N.A. vs Edward R. Walters and Michele D. Yana Atty- Mark J. Udren DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County. Pennsylvania, bounded and described in accordance with a plan prepared by Lary V. Neidlinger, R.P.L.S., dated July 3, 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 78, Page 32. BEGINNING at a nail set in centerline of Mount Rock Road. T-325 at corner of Lot No. 2 on Plan of Steven Failor as shown in Plan Book 71, Page 84; thence along Lot No. 2 on said Plan North 25 degrees 10 minutes East 454.71 feet to a point: thence along Lot No. 8 on Plan South 76 degrees 5' minut 30 , d t l01 90 f" 't t Sworn to and st/bsc,/ibed before Notarial Seal Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My Commission Expires June 6, 2006 Member, Pennsylvania Association Of Notaries ,,.......4 2 ... '.. ....................... ;ejis 14th day May P03 A.D. NOI? RY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 270.78 $ 1.75 $ 272.53 t es sec(n seas . <, oantron Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ................................... . ................... pin; thence aiung i ui ho. o rian souin u- degrees 11 minutes 17 seconds West 426.21 feet to a nail in centerline of Mount Rock Road, T- 325; thence along centedine of Mount Rock Road 87 degrees 48 minutes 43 seconds West 65,45 feet to a point; thence by a curve to the right having a radius of 1056.34 and an are distance of 278.38 feet to a point in centerline of Mount Rock Road, T-325, thence still along centerline of Mount Rock Road T-325 North 72 degrees 42 minutes 46 seconds West 36.38 feet to a nail, the Place of BEGINNING. CONTAINING 2.9575 acres and designated as Lot No. 6 on Plan of seven A. and Cynthia L Failor. TITLE to said premises is vested in Edward R. Walters & Michele D. Yana, as joint tenants with right to survivorship, by Deed from Samuel 1, Bowers & Cynthia A. Bowers, husband and wile, dated 7130199, recorded 813799, in Deed Bom 205, Page 207. BEING KNOWN as Lot 6 Mokdm Rock Roan.. Carlisle, PA 17013. PROPERTY ID No.: 40-09-0521-084. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: APRIL 25, MAY 2, 9, 2003 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. REAL ESTATE SALE NO. 14 isa Marie Coyne, Ed' or Writ No. 2002-1277 Civil Bank of America. N.A. SWORN TO AND SUBSCRIBED before me this Vs. Edward R. Walters and 9 day of MAY, 2003 Michele D. Yana - Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in West Pennsboro Township. Cumberland County, Pennsylvania, bounded and described in accor- dance with a Plan prepared by Larry V. Neidlinger. R.P.L.S.. dated July 3. 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 78, Page 32. BEGINNING at a nail set in cen- terline of Mount Rock Road. T-325 at corner of Lot No. 2 on Plan of Ste- j: %L Nmk4.. qUNS E. P4c3 ?1 ;-?` _ t ?l ?, MY C(F.r ven Failor as shown in Plan Book 71, Page 84; thence along Lot No. 2 on said Plan North 25 degrees 10 minutes East 454.71 feet to a point: thence along Lot No. 8 on Plan South 76 degrees 51 minutes 30 seconds East 201.90 feet to an iron pin; thence along Lot No. 7 on Plan South 02 degrees 11 minutes 17 sec- onds West 426.21 feet to a nail in centerline of Mount Rock Road. T- 325; thence along centerline of Mount Rock Road 87 degrees 48 minutes 43 seconds West 65.45 feet to a point; thence by a curve to the right having a radius of 1056.34 and an arc distance of 278.38 feet to a point in centerline of Mount Rock Road, T-325, hcnc;: sth. cilong ctii- terline of Mount Rock Road T--325 North 72 degrees 42 minutes 46 seconds West 36.38 feet to a nail. the place of Beginning. CONTAINING 2.9575 acres and designated as Lot No. 6 on Plan of Steven A. and Cynthia L. Fallon . TITLE TO SAID PREMISES IS VESTED IN Edward R. Walters & Michele D. Yana, as joint tenants with right to survivorship by Deed from Samuel L. Bowers & Cynthia A. Bowers, husband and wife, dated 7/30/99, recorded 8/3/99, in Deed Book 205, Page 207. BEING KNOWN AS LOT 6 MOUNT ROCK ROAD, CARLISLE. PA 17013. PROPERTY ID NO.: 40-09-0521- 089. '"T