Loading...
HomeMy WebLinkAbout01-3760DAVID S. LEININGER Plaintiff YS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. YENTZER I ~(-~ C.C~Ow~.~', ~ Defendant PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Kindly issue a writ of summons in the above-captioned action. Dated: CIVIL ACTION -- LAW Respectfully submitted, Counsel for Plaintiff WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 Commonwealth of Pennsylvania County of Cumberland David S. Leininger 119 Tuckahoe Road Dillsburg, PA 17019 Robert D. Yentzer 126 Coame Ridge Road Carlisle, PA 17013 Court of Conuuon Pleas No ....... _0 A-A 7_ _~_0_ _c_% y_~)_ ............... t9 .... In civil Action - Law You are hereby notified that ........ ?_~y.C~_ _s_._ _ _L_~3_n_~_ _n93. r_ .................................................................... the Plaintiff ha s commenced an action in ...... C_~v_'_z.l___A_c_t_i_o__n__-__L__a_w_ ............................ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Prothonotary Date Deputy MARK j. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff v. Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTOI~NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County 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 17013-3387 717-249-3166 or 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas si~uientes, 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 provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEV~ ESTA DEMANDA A UNA~OGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PAPA AVERIGUAR DONDE SE PUEDE CONSE~UIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor ff 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' unffi 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: ~/A Assignments of Record to:~/A Recording Date: ~/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 114 W. Green Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mechanicsburg COUNTY: Cumberland DATE EXECUTED: 11/18/97 DATE RECORDED: 11/20/97 VOL.:1417 PAGE: 576 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 refuses to comply with the terms of the Note as follows: (a) (b) 06/12/01: fail or by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 8.840% from 10/24/99 to 06/12/01 (the per diem interest accruing on this debt is $17.41 and that sum should be added each day after 06/12/01) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $00.00 and that sum should be added on the first of each month after 06/12/01) Late Charges (monthly late charge of $00.00 should be added on the fifteenth of each month after 06/12/01) CIT Advances Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $71,882.47 10,411.18 250.00 280.00 00.00 00.00 1,019.12 $87,436.89 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $87,436.89 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. dren, ESQUIRE AtM~toKrnJ~y~ErNp~a~ntS~ATES Attorney I.D. No. 04302 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF MECHAi~ICSBLVRG IN THE COUNTY OF COMBERLANDAND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED I~ A DEED DATED 11/25/1996 AND RECORDED 12/04/1996, AMONG THE LAND RECORDS OF THE COUNTy AND STATE SET FORTH ABOVE, IN DSED VOLUME 150 AND ~AGE ~02, ADDRESS: 114 W GREEN ST.; MECHANICSEURG, PA 17055 MAP OR PARCEL ZD NO, I 19-23-0567-096 TAX April 20, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE, MAP) 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 Counselln_o Agency. The name, address and phone number of Consumer Credit Colmselln~o Agencies servlno your Court .ty are listed at the end of this Notice. If,you have any questions, you may call ti 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 Con~sumer 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 CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION .INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIRA. 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 REDIM1R SU HIPOTECA. Page I of 6 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 32101883 The CIT Group/Consumer Finance, Inc. The CIT Group/Consumer Finance, Inc. 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 'I'H~ 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 CONI'ROL, 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 fi~m 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 W1TBIN Tlt'E NEXT {30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED ~HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, thc lender may NOT take action against you for thirty (30) days a~er 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 infon-nafion about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner,s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. Page 2 of 6 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mo~gage 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 BANI~UPTCY, TH ~; FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMlrf TO COLLECT THE DEBT. (If you have ~ed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TH~ DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 114 W. Green Strec~ Mechauicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE pAYMENTS for the foliowing months and the following amounts are now past due: Monthly Payments of $336.12 for November 1999 = $336.12 Monthly Payments of $653.22 for December 1999 through March 2001 = $10,451.52 Montlfly Late Charges of $0.00 = $0.00 Other charges (explain/itemize): Corporate advance = $1,102.50 TOTAL AMOUNT PAST DUE: $11,890.14 B. YOU HAVE FAILED TO TAKE ~ FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE 'rNa: 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 $11~890.14 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, cenifiad check or money order made payable and sent to: Mark J. Udren & Associates 1040 N. Kings Highway~ Suite 500 Cherry. HilI~ NJ 08034 You can cure any other default by taking the following action w~thin THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.): N/A Pase3of6 IF YOU DO NOT CURE 'rHv; 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 u0on your mortgaged oroperty. 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, ff you cure the default within the THIRTY O0) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reatThmaed it, then lander cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFrnS SP, I.~. - 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 anytime up to one hour before the Sheriff's Sale. You may do so by l~aving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs eounected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performin~ any other requlremants nnder the mortgage. Curing your defauit in the manner set forth in this notice will restore your mortgage to the same position as ffyou 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 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/Servicer: Address: Phone Number: Fax Number: Contact Person: The CIT Group 715 South Metropolitan Ave. Suite 150 Oklahoma City, OK 73108 800/621-1437 N/A Dianna McCanlla EFFECT OF SH Egl~']0"S SALE -- You should realize that a SheaSff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page4of6 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, unffi 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 l~ighway, Suite 500 Cherry l~ill~ NJ 08034 (856) 482-6900 Page $ of 6 YOU MAY ALSO HAVE THE RIGHT: TO SELL TH~ PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSrfI'UTION TO PAY OFF TH~S 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 INS'rfrUTED 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 COUNSEl ,lNG AGENCIES SERViNG YOUR COUNTY CUMBERLAND COUNTY CCCS of Western Penns31vaina, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Senriees of Franklin 31 West 3rd Street Wayfiesboro, PA 17268 (717) 762-3285 FAX n/a Urban League of Metropolitan Harrisburg N. 6th Street Hanisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 YWCA of Carlisle 301 O Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 "7000 1670 001i 4211 7426 7000 1670 0011 4211 7439 V E R I F~I C A_T I 0 N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff,s agents. T~e 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 J. QUIRE MARK J.'UD~EN\& ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2001-03759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIT GROUP THE VS HEPFER FRED ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEPFER FREDthe DEFENDANT , at 2000:00 HOURS, at 114 WEST GREEN STREET MECHANICSBURG, PA 17055 RYNE C HEPFER, SON on the 29th day of June by handing to 2001 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this /~ day of t~r~thonot ary · So Answers: R. Thomas Kline 07/02/2001 MARK UDREN Deputy She~ff SHERIFF'S RETURN - REGULAR CASE NO: 2001-03759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIT GROUP THE VS HEPFER FRED ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEPFER JOAN-NE the DEFENDANT , at 2000:00 HOURS, at 114 WEST GREEN STREET on the 29th day of June , 2001 MECHANICSBURG, PA 17055 RYNE C. HEPFER, SON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this . /~ ~ day of ~! A.D. ~r6thonotary ' ! ' So Answers: R. Thomas Kline 07/02/2001 MARK UDREN ~ J. DDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Vo Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS ~CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term PRA~CIPE FOR JUDGMENT FOR FAILURE TO A~/SWER AND ASSESSMENT OF DAMAG~ 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 6/13/01 to 8/3/01 $87,436.89 905.32 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IND~ATED A ~ ~ PRO PROT~Y ' ' - 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 The ClT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-3759 Civil Term DATED: July 23, 2001 TO: Fred Hepfer 114 W. Green Street Mechanicsburg, PA 17055 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 JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ~QTIFICA~ION IMPORTANT~ 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 UNABOGADO 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 ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 De fendant ( s ) Inc. ATTOP-NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-3759 Civil Term DATED: July 23, 2001 TO: Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU RAVE 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 RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTIFICATION IMPORTANT~ 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 UNABOGADO 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 ESCRITAABAJO P~RAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 11.4 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term STATE OF COUNTY OF THE UNDERSIGNED AFFIDAVIT OF NON-MILITARY SERVICE : SS being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Fred Hepfer Over 18 As captioned above Unknown Defendant: Age: Residence: Employment: Joanne Hepfer Over 18 As captioned ahoy Unknown Sworn to and sub~ :ribed bef~ day Tit Com' 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Vo Fred Hepfer Joanne Hepfer : 114 W. Green Street : Mechanicsburg, PA 17055 Defendant(s) : ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term TO: Fred Hepfer 114 W. Green Street Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. Esquire At this telephone number: 856-482-6900 MAR~ 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTOR/gEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term PRAECIPE FOR 0uDGM~NT FOR FAILURE TO ANSWER AND ASSESRMENT OF DAMAGE~ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Pla.intiff 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 6/13/0t to 8/3/01 $87,436.89 905.32 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. DAMAGES ARE HEREBY ASSESSED AS DATE, MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff IN~CATED ~ PRO PROTHY ~ F~RK 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff ATTOP. NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Fred Hepfer Joanne Hepfer i NO. 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) : 01-3759 Civil Term TO: Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. ~qulre At this telephone number: 856-482-6900 M~RK 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTOR/TEY FOR PLAINTIFF : COURT OF COMMON PLEAS !CIVIL DIVISION : Cumberland County ! MORTGAGE FORECLOSURE NO. 01-3759 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ~NSWER AND A~SES~.~T OF D&Ma~ER 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 $87,436.89 Interest Per Complaint 905.32 From 6/13/01 to 8/3/01 TOTAL $2~u~d?~21 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IND~_ATED ~ ( PRO PROT~Y - ~ MAR/( J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE CHERRY HILL, NJ 08034 856-482-6900 500 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS !CIVIL DIVISION : Cumberland County MORTGAGE FORECLOSURE Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) NO. 01-3759 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: 114 W. Green Street Mechanicsburg, PA 17055 Amount due Interest From A~~ to Date of Sale Per diem @$17.41 (Costs to be added) MARK J. UDREN & ASSOCIATES 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Mepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS ! CIVIL DIVISION : Cumberland County - MORTGAGE FORECLOSURE :NO. 01-3759 Civil Term CERTIFICATE 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: Sec. ) ) ) (x) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY FOR PLAINTIFF M~tK 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff : COURT OF COMMON PLEAS ! CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) NO. 01-3759 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 The CIT Group/Consumer Finance Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 114 W. Green Street, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Fred Hepfer 114 W. Green St., Mechanicsburg, Joanne Hepfer 114 W. Green St., Mechanicsburg, 2. Name and address of Defendant(s) in the judgment: Name Address PA 17055 PA 17055 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. Citifinancial Inc. Address to Follow g'. 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 Square, Carlisle, PA 17013 13 N. Hanover Street, Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 other person of whom the plaintiff has 7. Name and address of every knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 114 W. Green Street, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: August 3, 2001 //~ Mark J. Udren, ESQ. Attorney for Plaintiff 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS i CIVIL DIVISION · Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term NOTICE OF SHERIFF'S SALE OF REA3~ PROPERTY TO: Fred Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Your house (real estate) at 114 W. Green Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 5, 2001, at 10:00AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $88,342.21, 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 N SkY RE ABLE TO PREVEN~f T~IS S~ERIFF'S SALE To prevent this Sheriff's Sale, you must take ' · 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: ~- 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~0U MAY STILL BE ABLE TO SAV~ YOUR PROPERTY AND YOU ~AVE ~v~ IF 'r~.~ S~IFF'S ~aT,m DOES TAKE PLACE~ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO I~DT HAVE A LAWYER OR CANNOT AFFORD OiT~, ~O TO OR TELEPBOI~E THE OFFICE LISTED BELOW TO FIND OUT W~E YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 STATE OF PENNSYLVANIA, } COUNTY OF CUMBERLAND ss. I, Robert P Ziegler .............................................................................. Recorder o! Deeds in and for said County and State do'hereby conify that the Shegfl's Deed in which ................ CI~ Group/Conaug/er Fin Inc .................................................................................... is thc grantee the same having boon sold to said grantee on the 9th ............................................... day of Jan ........................................ A. D., ..' 2002 under and by virtue of a wtlt .............. ~-xecut ion 6 th ................................................ issued on thc day of .... .augv~ .............. A.D., 01 ..... ) out of the Court of Comman Picas of said County'as of Civil .................................................................................. Term,: ...... N ; 3759 CIT GRoup/Consumer Fin Inc umoer .............. , at the suit of ............................................................... Fred Hepfer & Joanne ................................... a~a~nst .................................................... is 250 2115 duly recorded in SherifFs Deed Book No ............. , Page ............. 01 IN TESTIMONY WHEREOF, I havc hereunto · set my hand and seal of said ofhcc this __/_?. ..... day o,_._ The CIT Group/Consumer Finance, Inc. VS Fred Hepfer and Joanne Hepfer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3759 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 10, 2001 at 7:15 o'clock P.M., E.D.S.T., he served a tree copy of the within Real Estate Writ, Notice, and Description, in the above entitled action, upon the within named defendant, to wit: Fred Hepfer, by making known unto Joanne Hepfer, wife of defendant, at 114 West Green St., Mechanicsburg, Pennsylvania, its contents and at the same time handing to her personally the said true attested copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 10, 2001 at 7:15 o'clock P.M., E.D.S.T., 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: Joanne Hepfer, by making known unto Joanne Hepfer, at 114 West Green St., Mechanicsburg, Pennsylvania, its contents and at the same time handing to her personally the said tree attested copy of the same Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 28, 2001 at 2:58 o'clock P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Fred Hepfer and Joanne Hepfer, located at 114 West Green St., Mechanicsburg, 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 Sheriffmalled a notice of the pendency of the action to one of the within named defendants to wit: Fred Hepfer, by regular mail to his last known address of 114 West Green Street, Mechanicsburg, PA 17055. This letter was mailed under the date of October 02, 2001 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: Joanne Hepfer, by regular mail to her last known address of 114 West Green Street, Mechanicsburg, PA 17055. This letter was mailed under the date of October 02, 2001 and never retumed to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on January 9, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Mark J. Udren for The CIT Group/Consumer Finance Inc. It being the highest bid and best price received for the same, The CIT Group/Consumer Finance Inc. of 5370 W. 95th Street, Shawnee Mission, KS 66207, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $703.33, it being costs. Sheriff's Costs: Docketing $30.00 Advertising 15.00 Posting Bills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.00 Certified Mail 2.48 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 242.15 Patriot News 188.25 Share of Bills 25.66 Distribution of 25.00 Proceeds Sheriff's Deed 26.50 Poundage 13.79 $703.33 Sworn and subscribed to before me This /~ ~day of ~ 2001, A.D. l~roihonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff ATTOP, NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) NO. 01-3759 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 The CIT Group/Consumer Finance Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 114 W. Green Street, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Fred Hepfer 114 W. Green St., Mechanicsburg, Joanne Hepfer 114 W. Green St., Mechanicsburg, 2. Name and address of Defendant(s) in the judgment: Name Address PA 17055 PA 17055 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 record: Name and address of the last recorded holder of every mortgage Address of Plaintiff herein. See Caption above. Citifinancial Inc. Address to Follow 5. Name and address of every othe~ person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Marrisburg, 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 114 W. Green Street, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 3, 2001 MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQ. Attorney for Plaintiff HARK 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) ATTOR/~EY FOR PLAINTIFF : COURT OF COMMON PLEAS ! CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term NOTICE OF SHERIFF,S SAL~ OF RF~%L PROPERTY TO: Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Your house (real estate) at 114 W. Green Street Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 5, 2001, at 10:00AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $88,342.21, 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 RI~HT~ YOU NL~Y BE ABLE TO PREVENT T~IS S~R~IFF'S SALE TO prevent this Sheriff's Sale, you must take ' '. 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: - - 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~OU I~L~Y ~TTLL BE EVEN TF .~.~-. S~ERTFF ~ ~ TO SAVE Y~UR i~ROPERTy AND YOU HAVE SALE DOES TAKE PLAC~ OT~ RIGHT?: 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 AFFOP. D ONE, ~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHEP~E YOU CAN ~ET LEGAL HELP. LAWYER REFEP~AL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ALL THAT CERTAIN HOUSE AND LOT OF GROI/ND SITUATE ON THE NORTH SIDE OF WEST GREEN STREET IN THE FOURTH WARD OF THE BOROUGH OF MECHA~ICSBURG , CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; TO WIT: BEGINNING AT A POST ON THE SAID WEST GREEN STREET, AT CORNER OF LANDS NOW OR LATE OF LYTLE E. GETZ AND SARA GETZ, HIS WIFE; THENCE ALONG LINE OF SAID LANDS IN A NORTHWARDLY DIRECTION, 119 FEET TO A POINT IN THE PUBLIC ALLEY; THENCE WESTWARDLY ALONG SAID ALLEY, 30 FEET TO A POST ON THE LINE OF LANDS LATE OF SUSAN BENFER, NOW OR FORMERLY OF KIPP; THENCE ALONG THE LINE OF SAID 'LAST MENTIONED LANDS IN A SOUTHWARDLY DIRECTION, 119 FEET MORE OR LESS, TO A POINT IN THE LINE OF GREEN STREET AFOREMENTIONED; THENCE ALONG GREEN STREET IN ANEASTWARDLY DIRECTION 30 FEET TO THE POINT AND PLACE OF BEGINNING. BEING KNOWN AS 114 WEST GREEN STREET, MECHANICSBURG, PA TAX ID NO. 19-23-0567-096 TITLE TO SAID PREMISES IS VESTED IN FRED HEPFERAND JOAN'NE HEPFER BY DEED FROM E. MICHAEL WITKOSKI AND ARLENE F. WITKOSKI DATED 11/25/1996 AND RECORDED 12/04/1996 IN DEED BOOK 150 PAGE 103. 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 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant (s) ATTOP/TEY FOR PLAINTIFF COURT OF COMMON PLEAS i CiVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-3759 Civil Term NOTICE OF SHERIFF'S SAL~ OF RF=%L PROPERTY TO: Fred Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Your house (real estate) at 114 W. Green Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 5, 2001, at 10:00AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $88,342.21, 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 RI~ET~ YOU MAY RE ART.~ TO PREVENT T~IS S~EEIFF'S SAT,E TO prevent this Sheriff's Sale, you must take ' '. 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judg~nent was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 STTT,T, BE i~RT.R TO SAV~ YOUR PROPERTY A17D YOU HAVE OTHER RIGET8 EVEN IF TW~ SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if thebid 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 hack, 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 AFFOP, D ONe, C.O TO OR TELEPHON~ TH~ OFFICE LISTED BELOW TO FIND OUT WWR~E YOU CAN ~ET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE ON THE NORTH SIDE OF WEST GREEN STREET IN THE FOURTH WARD OF THE BOROUGH OF MECHANICSBURG CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; TO WIT: BEGINNING AT A POST ON THE SAID WEST GREEN STREET, AT CORNER OF LANDS NOW OR LATE OF LYTLE E. GETZ AND SARA GETZ, HIS WIFE; THENCE ALONG LINE OF SAID LANDS IN A NORTHWARDLy DIRECTION, 119 FEET TO A POINT IN THE PUBLIC ALLEY; THENCE WESTWARDLY ALONG SAID ALLEY, 30 FEET TO A POST ON THE LINE OF LANDS LATE OF SUSAN BENFER, NOW OR FORMERLY OF KIPP; THENCE ALONG THE LINE OF SAID LAST MENTIONED LANDS IN A SOUTHWARDLY DIRECTION, 119 FEET MORE OR LESS, TO A POINT IN THE LINE OF GREEN STREET AFOREMENTIONED; THENCE ALONG GREEN STREET IN AN EASTWARDLY DIRECTION 30 FEET TO THE POINT AND PLACE OF BEGINNING. BEING KNOWN AS 114 WEST GREEN STREET, MECHANICSBURG, PA TAX ID NO. 19-23-0567-096 TITLE TO SAID PREMISES IS VESTED IN FRED HEPFER AND JOANNE HEPFER BY DEED FROM E. MICHAEL WITKOSKI AND ARLENE F. WITKOSKI DATED 11/25/1996 AND RECORDED 12/04/1996 IN DEED BOOK 150 PAGE 103. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH Of PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CLrnberland To salisfy the debt, interest and costs due NO. _ 01-3759 CIVIL I~X CIVIL ACTION - LAW -- COUNTY: The CIT Group/Consumer F'in~nce, Inc. PLAINTIFF(S) from Fred Hepfer and Joanne Hepfer, 114 W. Green St., Mechanlms~-(3, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See ~eqal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARN SHEE(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 properly 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 lo notify hirrVher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,342.21 from 8/4/01 to 12/5/01 Interest ,,__ ,-,..__ ,~ ~ I _ C~ ..... Atty's Comm % Atty Paid $122.20 Plaintiff Paid L.L. $.50 Due Prolhy $1.00 Other Costs Date: Auqust 6, 2001 REQUESTING PARTY: Name Mark J. Udren, Esq. Address: 1040 N. Kin.qs Highway, Suite 500 Cherry Hill, NJ 08034 Attorney for:. Plaintiff Telephone: 856-482-6900 Supreme CouR ID No. 04302 Cu_---I:is R. Lon§ Prothonotary, Civil Division Deputy REAL ESTATE SALE No. R ,~, ~d~9~. /0, ~00( thesneriffleviedul~ontheae~en(lanL~ . ' ted ~n ~r(.~ ,¢ ~ ~'~. interest m the real pr~e~y s~tua // . ~ Cum~rland County, Pa., known and num~r~ as. //~ ~. ~A~l. 17?~d~/¢q~or~ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated =h> 3.'){ 0 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 23rd and 30th day(s) of October and the 6th day(s) of November 2001. 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 subseq,u,e,n, tly duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in M~cellaneous Book M, Volume 14, Page 317. PUBLICATION ............................... ..."~..~....~... COPY S~-~n to and su~,sot~-u~,'/'" ...... '-- "'"~ 19th d~y of~Nevember 2001 A D S A L E #9 I ?ern, LR ~Sem //-~ / ' // ' ' · ~lt'~-I~i~?~L__ ~ '~ I~TARY PUBL C ~o~ Not~ ommissio n ' 1~~! ' i expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERL/~D 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 $ 186.75 $ 1.50 $ 188.25 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-New~ and ' - , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 26, 2001 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 tree. B.KAL F,$TAT~ ~ NO. 9 Writ No. 2001-3759 Civil The CIT Group/Consumer Finance Inc. VS, Fred Hepfer and Joanne Hepfer Atty.: Mark J. Udren ALL THAT CERTAIN house and lot of ground situate on the North side of West Green Street in the Fourth Ward of the Borough of Mechanlcsburg, Cumberland County, Pennsylvania, bounded and de- scribed as follows; to wit: BEGINNING at a post on the said West Green Street, at comer of lands now or late of Lytle E. Getz and Sara Getz, his wife; thence along 1me of said lands In a northwardly dtrec- tlon, 119 feet to a point in the pub- llc alley; thence westwardly along SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Vo Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) AFFiDAViT OF SERVICE ATTORREY FOR PLAINTIFF COURT OF COMMON PLEAS ~CIVIL DIVISION Cumberland County NO. 01-3759 Civil Term 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. the penalties o~ 18 Pa./C.S. Section 4904 This Affidavit is made subject to to authorities.~ relating to unsworn falsification Dated: December 17, 2001 MARK J. ~REN/ ASSOCIATES BY: Mark J/Udren, :squire Attorn~v for P aintiff MARK J. UDREN a ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302-- 10%0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION cumberland County MORTGAGE FORECLOSURE Vo Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant(s) NO. 01-3759 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The CIT Group/Consumer Finance Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 114 W. Green Street, Mechanicsburg, PA 17055 1. Name and address of Owner(s) Name Fred Hepfer 114 W. Joanne Hepfer 114 W. 2. Name and address of Defendant(s) Name or reputed Owner(s): Address Green St., Mechanicsburg, Green St., Mechanicsburg, in the judgment: Address PA 17055 PA 17055 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 record: Name Address holder of every mortgage of Plaintiff herein. See Caption above. Citifinancial Inc. 2663 Shillington Road, Suite-E Sinking Springs, PA 19608 5. Name and address of every other person who has any record lien on the property: Name Address Mechanicsburg Borough Offices 2 W. Strawberry Ave. Mechanicsburg, PA 17055-6213 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N. Manover Street, Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department of Revenue 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 114 W. Green Street, Mechanicsburg, PA 17055 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 subje? t to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsificat~ ~ to authorities. DATED: December 17, 2001 MARK J. SOCIATES Mark J./UdFen, Attorne~ for Pla: ntiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KIN~S HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The CIT Group/Consumer Finance Inc. 9415 Nall Avenue Shawnee Mission, Kansas 66207 Plaintiff Vo Fred Hepfer Joanne Hepfer 114 W. Green Street Mechanicsburg, PA 17055 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-3759 Civil Term DATE: August 6, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OWNER(S): Fred Hepfer Joanne Hepfer PROPERTY: 114 W. Green Street Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLIN~ The above captioned property is scheduled to be sold at the F.~u~erlan~ County Sheriff's Sale on ~, at 10:00AM, 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. EXHIBIT A EXHIBIT A A LEININGER DAVID S V$ YENTZER ROBERT D In The Court of Common Pleas of Cumberland County, Pennsylvania File No. 2001-03760 To~e Court: DAVID S. STATEMENT OF INTENTION TO PROCEED LEININGER intends to proceed with the above captioned matter.