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HomeMy WebLinkAbout02-4023MARK 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 Deutsche Bank Trust Company i COURT OF COMMON PLEAS Americas Formerly Known as : CIVIL DIVISION Bankers's Trust Company, : as Trustee and Custodian by: . Cumberland County Saxon Mortgage Services, Inc., : f/k/a Meritech Mortgage : Services, Inc. as their : Attorney-In-Fact 1270 Northland Drive, Suite 200 : Mendota Heights, MN 55120 : Plaintiff v. Kennwood Losh a/k/a Kenwood Losh ~NO. Susan K. Losh 43 Subdivision Road : Newville, PA 17241 Defendant(s) : 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 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. 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 RSCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service 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: Saxon Mortgage, Inc. Assignments of Record to: Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact Recording Date: 08/07/01 Book: 680 Page: 50 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 follows: MORTGAGED PREMISES: 43 Subdivision Road MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Mifflin Township COUNTY: Cumberland DATE EXECUTED: 08/02/01 DATE RECORDED: 08/07/01 BOOK: 1729 PAGE: 4806 is as 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 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; by failing or refusing to pay other charges, if any, indicated below. (b) or 6. The following amounts are due on the said Mortgage as of 08/10/02: Principal of debt due and unpaid Interest at 12.75% * from 01/01/02 to 08/10/02 (the per diem interest accruing on this debt is $42.26 and that sum should be added each day after 08/10/02) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $177.11 and that sum should be added on the first of each month after 08/10/02) Late Charges (monthly late charge of $65.80 should be added in accordance with the terms of the note each month after 08/10/02) NSF Fees Other Fees Property Inspections $120,980.91 9,420.56 250.00 280.00 (1,046.67) 329.00 20.00 772.15 7.95 Attorneys Fees (anticipated and actual to 5% of principal) 6,049.05 TOTAL $137,062.95 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 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 $137,062.95 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.~QUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN UPPER MIFFLIN /WNSHIP, CUMBERLAND COURTY, PENNSYLVANIA, MORE pARTICULARLY BOUNDED AND DESCRIBED FOLLOWS TO WIT: 'BEGINNING AT A POINT IN THE INTERSECTION OF THE WHISKEY RUN ROAD WITH A ROAD LEADING TO WHISKEY RUN SCHOOL HOUSE; THENCE ALONG THE LA-~T MENTIONED ROAD, NORTH SIXTY-TWO (62) DEGREES EAST, EIGHTY-SIX (86) PERCHES TO A POINT; THENCE NORTH FIFTY-THREE DEGREES EAST, FIFTY-SEVEN (57) PERCHES TO A POINT IN SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF A.K. BARRICK, NORTH FORTY-THREE (43} DEGREES WEST, EIGHTY-FOUR (84) PERCHES TO A POINT; THENCE BY LAND NOW OR FORMERLY OF THE HEIRS OF SOLOMON GUTSHALL, SOUTH FORTY-SEVEN (47) DEGREES WEST, THIRTY-EIGHT (38) PERCHES TO A POINT; THENCE BY SAM~, SOUTH SIXTEEN (16) DEGREES EAST, TWENTY-EIGHT (28) PERCNES TO A POINT; THENCE BY LAND NOW OR FOP, MERLY OF PARKER HOOIr~R, SOUTH THIRTY (30) DEGREES WEST, THIRTY-TWO (32) PERCHES TO A POINT IN WHISKEY RUN ROAD; THENCE ALONG SAID ROAD, SOUTH FORTY-FOUR (44} DEGREES EAST, THIRTY-ONE (31) PERCHES iN THE PLACE OR BEGINNING. CONTAINING FORTY-THREE (43) ACRES, MORE OR LESS. ., LESS HOWEVER, A TRACT OF LAND KNOWN AS LOT NO. 2 OF THE SUBDIVISION PLKN FOR RHODELLA ELLIS LOSH, ET AL., AS RECORDED IN UMBERLAITD COUNTY PLKN BOOK 42, PAGE 79, AND CONTAINING 8.00 ,ACRES WHICH PREMISES WAS GRA/~TED AND CONVEYED UNTO VICTOR E. WHITTEN SR. AND VICTOR E. WHITTEN, JR. BY DEED DATED OCTOBER 1, 1982 AND RECORDED IN THE OFFICE OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK "X", VOL. 29. PAGE 692. BEING THE RESIDUAL AREA OF 35 ACRES, MORE OR LESS, DESIGNATED AS LOT NO.1, ON THE AFOREMENTIOHED SUBDIVISION PLAN. Re: MERITECT{ MORTGAGE SERVICES, INC. VS LOSH Act 91 Notice U. S. Postal Service Certificate of Mailing (In compliance with Postal Service Form 3817) One piece of ordinary mail addressed to: Postage' KENNWOOD LOSE 43 SUBDIVISION ROAD NEWVILLE, PA 15241 SUSAN K. LOSH 43 SUBDIVISION ROAD NEWVILLE, PA 17241 Postmark: EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSDI~E This is an official notice that the mortgage on your hc~e 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 PROGI~AM (HEMAl) may be able to help save ~our h~me. This Notice explains how ~he program works. To see if H~MAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELIN~AG~NCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take th~s Notice with you when ~ou meet with the Counseling Agency. The name, address and phone n,,~her of Consumer Credit Counselin~ Agencies serving your County ere listed et the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency ~oll free at 1-800-342-2397. (Persons with 4-~.aired he&rin~ can call (717)780-1869). This notice contains 4-~.ortant legal information. If you have any questions, representatives at the Consumer Credit CounselingAgsncymay 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 CARC-OS AL NUMERO MENCIONADOARRIBA. 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. - 1 - Date: June 7, 2002 To: KENNWOOD LOSE 43 SUBDIVISION ROAD NEWVILLE, PA 17241 SUSAN K. LOSH 43 SUBDIVISION ROAD NEWVILLE, PA 17241 Re: Loan No. 011382937 Property: 43 SUBDIVISION ROAD NEWVILLE, PA 17241 CURRENT LENDER/SERVICER: MERITECH MORTGAGE SERVICES, INC. P.O. BOX 161489 FORT WORTH,TX 76161-1489 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCTA~. ASSISTANCm WHICH CAN SAV~ ~OUKHOME FROM FOP~CLOSUR~ AND HELP ~O~ MAKE ~uwu~E MORT~a~ PAYM~NT~ IF YOU COMPLYWITH THE PROVISIONS OF THE H0~EOWNER'S EMERGENCY MORT~AG'E ASSISTANCE ACT OF 1983 (TH~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE~ IF YOUR DEFAULT HAS BE~NCAUS~D BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF HESUMIN~YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISN~n 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 a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS ~TING MUST OCCUR WITHINT~ NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE, YOU MUST BRING YOL59 ~ORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAT.T.mD "HOW TO CU~E yOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. - 2 CONSDMER C~IT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty {30) days after the date of this meeting. The names, addresse~ and telephone numbers of desiqnated consumer credit counselinM aqencies for the county in which the Droperty is located are ssi 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 NORTGA~E 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 TIM~ PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED A~AINST 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 FILIN~ OF A PETITION IN BANKRUPTCY, THE FOLLOWIN~ PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY A~D SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) - 3 - HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your property located at: 43 SUBDIVISION ROAD NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVENOTMADE THE MONTHLY MORTaAGE PAYMENTS. The following amounts are now past due: Delinquent pal~nents From 02/01/2002 to 06/01/2002 Payments due during cure period Late Charges Total amount due 5 -~ $1,493.10 $7,465.50 $1,493.10 $131.60 $9,090.20 B. YOU HAVE FAILED TO TAXE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CuRE T~E DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYIN~ THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: MERITECH MORTGAGE SERVICES, INC. P.O. BOX 161489 FORT WORTH, TX 76161-1489 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the creditor im=en~s to exe=cise }~=~}g~t~ ? ~cel~r~e the morggage debt. This means that the =~,~== ouus~analng na±ance of this aebt will ~ considered.due i.r~.gdigtely and you may lose the chance to Day ne morugage in mon=nly ~nstallments. If full payment of the- - .... enus uo ~nstruc= ~us attorneys to start a lawsuit =u ~orec~ose uDon your mortqaqed Dropert~. - 4 - IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold bv the Sheriff to pay off the mortqage aebt. If the ~_r~er~ ~our ¢~se to_%~s a~torney~, But you cure the . u=mAnquency oezore one crea~or begins legal proceedings a~axnst ~ou, you wxll still be re~,lred to ~a- ~ ............ , ~ees that were actually in=~urred, u~ t~o~0~u~A~o~$~v~°~e~e~a1 proceedings are sta~te~ a~ainst you,.you will have to pay all - reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Ar~_y attorney's fees will be added to the amount you owe the lender, which may also include other reasonable tO~Ee~_~__]{}~.~,~'R .R~a~.I~S_-.The len4er FY also s=e ou personally for ~paz~ prznczpa± nalance ana all other sums ~ue under the mortgage. ~ . . e THIRTY ~39) DAY period ~oreclosure proceedings have begun, you still have the rlqht to cure the default and prevent the sale at any time uD to one before the Sheriff's Sale. You raay do so by payinq the total amount plus any late or other char~es then due, ~ttor~¥,s ~e~s and cost~ connected with the forecloSur~ sale an,] ~:~cngr =OS~. gpnnecteo.with the Sheriff's Sale and b~ rmzng any ocher requzrements u~er CAe mortqaqe. 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 months from tSe,date of this Notice. A notice o~ the actual ~-6e 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 f%9~ put. at any ti.me exactly ~hat the require~ payment or action ~ ~e 9Y con~actln~.th~ le~eF. If mo~ey is ~ue, such payment ~u~ De mn caen, cashier s checK, certifle~ check or mone~ ~rder, made payable to the lender at the address set forth above% HOW TO CONTACT THE LENDER MERITECH MORTGAGE SERVICES, INC. P.O. BOX 161489 'FORT WORTH, TX 76161-1489 888-325-3502 EFFECT.OF SHERIFF'S SALE - You should realize that a Sheriff ~tw~lo~U~ZO~ ow~re~p off,he m.ort~aged property and y~r , ~ ~. ~ you con~znue co live in the ro err after the Sheriff s ~ale a 1 ' P P ~_~ _~= ..... , a~u}t to remove you and our furnis~%ngs ~u oun~r me~onglngs cou£~ ne started by the lender at any time. OTHER RIG%XTS THAT YOUHAV~ - You have additional rights to help protect your interest in the property: - 5 - YOU HAY ALSO HAVE THE R?GHT~ · 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 LF2qDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUN~R ~IT COUN..qEI'.IIq~t AG~?~ SERVZN(~- YOUR COUNTY (SEE ATTACHED) - 6 - VERIFICATION 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. CoS. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES m SHERIFFIS RETURN CASE NO: 2002-04023 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST CO AMERICA VS LOSH KENNWOOD ET AL - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOSH KENNWOOD AKA KENWOOD LOSHthe DEFENDANT , at 1918:00 HOURS, on the at 43 SUBDIVISION ROA]D 12t~ day of September, 2002 NEWVILLE, PA 17241 SUSAN LOSH 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 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this X~ day of ~~ ~2~ A.D. -- / / Prothonotary, ,~4~y So Answers: R. Thomas Kline 09/13/2002 MARK UDREN By: Sheriff SHERIFF'S RETURN CASE NO: 2002-04023 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST CO AMERICA VS LOSH KENNWOOD ET AL - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOSH SUSAN K the DEFENDANT at A918:00 HOURS, at 43 SUBDIVISION ROAD NEWVILLE, PA 17241 SUSAN LOSH a true and attested copy of COMPLAINT on the 12th day of Se__~_~_mbe~, 2002 by handing to - 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 .00 16.00 SWorn and Subscribed to before me this ~ e- day of _~3,~1~_ ~Z~ ~L A.D. Prothonotary--~ $ / So Answers: R. Thomas Kline 09/13/2002 MARK UDREN By: Depu~--~eri f f ~-- - MARK J. UDREN & ASSOCIATES B~: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh susan K. Losh Defendant (s) ATTORNEY FOR PLAINTIFF ' COURT OF COMMON PLEAS ' CIVIL DIVISION 'Cumberland County . NO. 02-4023 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: April 26, 2003 MARK J. UDREN & ASSOCIATES Mark 3. Udren, Esquir= Attorney for Plaintiff VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Na : Ti~le: Company: Kennwood Losh a/k/a Kenwood Losh Susan K. Losh Loan #011382937 MJU #0233229 MQtRK 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland coUnty MORTGAGE FORECLOSURE NO. 02-4023 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 8/11/02 to 4/26/03 Late charges per Complaint From 8/11/02 to 4/26/03 Escrow payment per Complaint From 8/11/02 to 4/26/03 $137,062.95 10,945.34 592.20 TOTAL $150~017.37 DAMAGES ARE HEREBY ASSESSED AS DATE: 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. ~,,~viT~EN &J~SOCIATES eh, ESQUIRE Attorney for Plaintiff INDITED ~ PRO ~ROTHY 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f~k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact Plaintiff Kennwood Losh a/k/a Kenwood Losh Susan K. Losh Defendant(s) ATTORNEY FOR PLAINTIFF ~COURT OF COMMON PLEAS ~CIVIL DIVISION i C umberland County NO. 02-4023 DATED: TO: April 15, 2003 Susan K. Losh 43 Subdivision Road Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 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 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 856-482-6900 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., fTk/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS ] CIVIL DIVISION iCumberland County iNO. 02-4023 DATED: TO: April 15, 2003 Kennwood Losh a/k/a Kenwood Losh 43 Subdivision Road Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 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 ESCUCKAR 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 ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE 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 856-482-6900 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-4023 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF : : SS COUNTY OF : THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age:_ Residence: Employment: Defendant: Age: Residence: Employment: Kennwood Losh a/k/a Kenwood Losh Over 18 As captioned above Unknown Sworn to and subscribed be%fore me this day ] ~'~l~ NOTARY ~BUC- MIYATA r Susan K. Losh Over 18 ~h As captioned above Unknown Name: ~ Title: Company: 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant (s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION .Cumberland County : MORTGAGE FORECLOSURE ' NO. 02-4023 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From April 27:2003 to Date of Sale September 3: 2003 Per diem @$42.26 (Costs to be added). $~ 5:493.80 MARK J. UDREN & ASSOCIATES k~4~ren, 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ' Cumberland County MORTGAGE FORECLOSURE ' NO. 02-4023 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: ( ) ( ) ( ) (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. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES ~/~~dren, ESQUIRE ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES BY= ~Mark J. Udren, Esquire ~TTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS ' CIVIL DIVISION - Cumberland County Trustee and Custodian by: Saxon . Mortgage Services, Inc., f/k/a. MORTGAGE FORECLOSURE Meritech Mortgage Services, Inc. as their Attorney-In-Fact - 1270 Northland Drive, Suite 200 ~ Mendota Heights, MN 55120 Plaintiff . Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant (s) ' NO. 02-4023 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact, 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: 43 Subdivision Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Kennwood Losh a/k/a Kenwood Losh Susan K. Losh Address 43 Subdivision Road, Newville, PA 17241 43 Subdivision 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 rec__ord: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address 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 43 Subdivision Road, Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 26, 2003 MARK J. UDREN & ASSOCIATES 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. : as their Attorney-In-Fact : 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant (s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS ! CIVIL DIVISION : Cumberland County MORTGAGE FORECLOSURE . : ' NO. 02-4023 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kennwood Losh a/k/a Kenwood Losh 43 Subdivision Road Newville, PA 17241 Susan K. Losh 43 Subdivision Road Newville, PA 17241 Your house (real estate) at 43 Subdivision Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on September 3, 2003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $150,017.37, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 5[0U MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT~R RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 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, C,O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN ~ET LEGAL HELP. LAWYER REFERRAL SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEi'R~ iN UPPER MIFFLiN TOWNSHIP, CUMBEItLAND COUNTY, PENNSYLVAITXA, MOPE PARTIuu~,%RLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT IN J£~ INTERSECTION OF THE WHISi~EY RUN ROAD WIT SI~-~O (62) DE~ES ~T, EIb-SIX (86) P~S ~ A PO~ ~ FI~-'&~E DEGAS ~T, FI~-S~ (57) P~S TO A PO~ ~ BY ~ ~W OR FO~Y OF A.K. ~I~, ~R~ FOR~-'a'""~ (43) D~S ~ST, EI~-FO~ (84) P~S TO A PO~ ~ BY ~ NOW OR FO~Y OF ~ ~IRS OF SOLOMON ~~L, SO~ FOR~-S~ (47) DE~ES ~ST, ~R~-EI~ (38) P~S TO A PO~ ~ BY ~ ~W OR FO~Y OF P~ H~, SOu'r~ ~R~ (30) DE~S ~ST, ~R~-~O (32) P~S TO A PO~ ~ ~S~ R~ RO~ S~D RO~, SOu'~'~ FOR~-FO~ (44) DE~S ~T, ~-O~ (31) P~S LESS HOWEVER, A TRACT OF LAND KNOWN AS. LOT NO. 2 OF THE SUBDMSION PLAN FOR PEODELLA ELLIS LOSH, ET AL., AS PECORDED iN CUMBERLAND COUNTY PLAN BOOK 42, PAGE 79, AND CONTAININ~ 8.00 ACRES WHICH PREMISES WAS GRAI~'~'~" AND CONVEYED UNTO VICTOR E. WHITTEN SR. AND VICTOR E.' WHITTEN, &FR. BY DE~D DATED OCTOBER 1, 1982 AND PECORDED ,IN THE OFFICE OF DEEDS iN AND FOR C~MBERLAND COUI~'X~, PENNSYLVANIA, iN DEED BOOK "X", VOL. 29. PAGE 692. BEiNG THE PESIDUAL AREA OF 35 ACRES, MOPE OR LESS, DESIGNATED AS LOT NO.1, ON THE AFO~IONED SUBDMSION PLAN. TITLE TO SAID PREMISES IS VESTED IN KENNWOOD LOSH AND SUSAN K. LOSH, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES, BY DEED FROM KENWOOD LOSH AND SUSAN K. LOSH, HUSBAND AND WIFE, AND JOHN G. MOFFIT, SINGLE, DATED 6/29/99, RECORDED 7/12/00, IN DEED BOOK 225, PAGE 17 0. PROPERTY ID NO.: 44-06'0837-024 BEING KNOWN AS 43 SUBDIVISION ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4023 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN BY: SAXON MORTGAGE SERVICES, INC., F/K/A MERITECH MORTGAGE SERVICES, INC. AS THEIR ATTORNEY-IN-FACT Plaintiff (s) From KENNWOOD LOSH A/K/A KENWOOD LOSH AND SUSAN K. LOSH, 43 SUBDIVISION ROAD, NEVvWILLE, 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 $150,017.37 L.L. $.50 Interest FROM 4/27/03 TO DATE OF SALE 9/3/03 PER DIEM ~ $42.26 - $5,493.80 Atty's Comm % Due Prothy $1.00 Atty Paid $130.66 Other Costs Plaintiff Paid Date: MAY 2, 2003 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 CURTIS R. LONG Deputy MARK J. UDREN & ASSOCIATES 'BY: Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, CHERRY HILL, NJ 08034 856-482-6900 SUITE 500 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-4023 ATTORNEy FOR PLAINTIFF 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 Order is attached hereto as Exhibit "B" All Notices were served within the I 3129. This Affidavit is made subject to the relating to unsworn falsification to Dated: July 24, 2003 BY: then p~of of compliance with said i'~./tset forth by Pa Rule C.P. .=n~ll[~e~ of 18 Pa.C.S. Section 4904 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers,s Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant ( s ) ATTORIVEy FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-4023 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Company Americas Formerly Known as Bankers,s Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact, 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: 43 Subdivision Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kennwood Losh a/k/a Kenwood Losh 43 Subdivision Road, Newville, PA 17241 Susan K. Losh 43 Subdivision Road, Newville, 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above PA 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Robert p. Kline & 714 Bridge Street Ktine Law Office New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: Name Address See Caption above. Plaintiff herein. 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 the property and whose interest may be affected by the sale: Name Address in 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 DATED: July 24, 2003 Tenants/Occupants 43 Subdivision Ro~, Newville, PA 17241 I verify that the statements made in th'~affi~it are true and correct to the best of my personal knowled, ge! or in~ok~mation and belief. I understand that false statements here[~/ar% _ma~e/subject to the penalties of 18 Pa.C.S. sec. 4904 relating to ~.o.~ f~slfication to authorities. Mark J. Udren, ESQ. 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers,s Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant(s) ATTOR/qEy FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-4023 DATE: June 23, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OWNER(S): Kennwood Losh a/k/a Kenwood Losh and Susan K. PROPERTy: 43 Subdivision Road, Newville, PA 17241 Improvements: RESIDENTIAL DWELLING Losh The above captioned property is scheduled to be sold at the ~d~berlaald County Sheriff's Sale on ~~0313, at 10:00 a.m., in the Commisioners 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. XHIBIT :r'l Deutsche Bank Trust Company Americas, f/k/a Bankers's Trust Company As Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their attorney- In-fact VS Kermwood Losh a/k/a Kenwood Losh and Susan K. Losh In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4023 Civil Term This day of 2003, A.D. Prothonotary Ronald Kerr, Deputy Sheriff, who being duly sworn according to law, states that on May 9, 2003 at 2:51 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: Kennwood Losh a/k/a Kenwood Losh, by making known unto Kenwood Losh personally, atX43 Subdivision Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Kerr, Deputy Sheriff, who being duly sworn according to law, states that on May 9, 2003 at 2:51 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: Susan K. Losh, by making known unto Kenwood Losh, husband of defendant, ath3 Subd/Msion Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 2:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Descriptim{, in the above entitled action, upon the property of Kennwood Losh a/k/a Kenwood Losh and Susan K. Losh located at 43 Subdivision Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Kennwood Losh aJk/a Kenwood Losh, by regular mail to his last known address of 43 Subdivision Road, Newville, PA 17241. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Susan K. Losh, by regular mail to her last known address of 43 Subdivision Road, Newville, PA 17241. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriff's Office. Sworn and subscribed to before me S R. Thomas Kline, Sheriff Real Est~_~ 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers,s Trusit Company, as Trustee and Custodian by: Saxon Mortgage~ Services, Inc., f/k/a Meritechi Mortgage Services, Inc.! as their Attorney-In-Fa~t 1270 Northland!Drive, Suite 200 I Mendota Height~, MN 55120 ~Plaintiff Vo, Kern/wood Losh ~/k/a Kenwood Losh Susan K. Losh i 43 SubdivisionlRoad Newville, PA 1~241 iDefendant(s) OCI 3 0 ATTORNEy FOR PLAINTIFFI COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-40,23 ORDER AND NOW, this ~ day of O~)~_/ 20 o ~ after consideration ofiPlaintiff,s Petition for Postponement of Sheriff,s Sale of the mortgaged property located at 43 Subdivision Road Newville, PA 1~241, it is hereby ORDERED that the said Sale currently schedgled for November ~5, 2003, is extended two (2) Month(s) to the! regularly scheduled Cumberland County Sheriff,s Sale scheduled ior January 9, 2004 No further advertising or additional notic~ to lienholders or Defendant(s) is required. THE COURT: 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 Deutsche Bank Trust Company Americas : COURT OF COMMON PLEAS Formerly Known as Bankers's Trust i CIVIL DIVISION Company, : Cumberland County as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their i! NO. 02-4023 Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff : Kennwood Losh a/k/a : Kenwood Losh Susan K. Losh 43 Subdivision!Road Newville, PA 17241 Defendant (s) PETITION FOR Plaintiff, by its counsel, Mark J. Udren, Esquire, petitions the Court for a two (2) month(s) postponement of the Sheriff,s sale scheduled in t~e above captioned matter and in support thereof avers the following: 1. A Sheriff,s sale of the mortgaged property involved herein, located at 43 Subdivision Road, Newville, PA 17241 was originally scheduled for September 3, 2003, then postponed to November 5, 2003 to allow ~ime for the defendants to reinstate agreement for sale proposal. 2. A two (2) month(s) postponement of! the Sheriff,s sale is necessary to allow the parties to explore the festiblity of amicable resolutlion of this matter. WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff,s sale iof the mortgaged property be postponed to the January 9, 2004 Sheriff's sale. Respect fu ~t ~ /~/~n~, Esqui~re Mark ~./~dren & Associates 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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT- OF COMMON PLEAS i CIVIL DIVISION : Cklmberland County : i NO. 02-4023 . : : : : . : Pennsylvania R.C.P. 3129.3(b) allows for one postponement of a Sheriff's sale. In the present matter, the sale has been previously postponed as a result of allowing time for Defendants to reinstate agreement for sale proposal. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a two (2) month postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale more than once, and[ without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests a two (2) month continuance of the Sheriff's Sale of the mortgaged premises located at 43 Subdivision Road, Newville, PA 17241, to the January 9, 2004 Sheriff,s sale. ~_..~_ ~.~ _ ~/~ mespectfu~ Ma~.//U~r~ Es~ire J. ATTO~E~ FOR P~INTIFF ~EP~IF~I CAT I ON Mark J. Udren, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Petition for PoStponement of Sheriff,s Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the ~enalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification t~ authorities. Date: October 2! Dale Shugar,t~'~.~ Local Counsel U 2003 ~re Ma~k j. u~reh'~ ESQUIRE · ' az J. & ASSO¢IA?ES ATTOR.~¥ FOR PI~INTIFF ,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 Deutsche Bank Trust Company Americas Formerly Known as Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh 43 Subdivision Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS ! CIVIL DIVISION :Cumberland County i NO. 02-4023 CERTIFICATE OF SERVI¢~ I, Mark J. Udren, ESQUIRE, hereby certify that I have served true and correct copies of the attached petition for postponement of Sherriff's sale upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Certified Mail Other Date Served: TO: Kennwood Losh 43 Subdivision Road Neville, PA 17241 Susan K. Losh 43 Subdivision Road Neville, PA 17241 Attorney ~for Plaintiff DEUTSCHE BANK TRUST : COMPANY AMERICAS, : Formerly Known As : BANKER'S TRUST COMPANY: AS TRUSTEE AND : CUSTODIAN BY: SAXTON : MORTGAGE SERVICES, INC., tYk/a MERITECH MORTGAGE SERVICES, INC., As Their Attorney-in-Fact 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120, Plaintiff KENNWOOD LOSH, aJk/a KENWOOD LOSH SUSAN K. LOSH 43 Subdivision Road Newville, PA 17241, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4023 CIVIL, TERM AMENDED ORDER OF COURT AND NOW, this 20th day of November, 2003, the prior order of court entered in this matter on October 30, 2003, is hereby amended to state the correct date of the scheduled sheriff's sale as January 7, 2004. In all other respects, the order shall remain in full force and effect. BY THE coURT, (3/'~v~esley 0'~;~r-,'~ {~ Mark J. Udren, Esq. 1040 N. Kings Highway Suite 500 Cherry Hill, NJ 08034 Attorney for Plaintiff Dale F. Shughart, Jr., Esq. 35 E. High Street Carlisle, PA 17013 Local Counsel for Plaintiff Sheriff's Office of Cumberland County :rc Deutsche Bank Trust Company Americas f/k/a Bankers's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact VS Kennwood Losh aJk/a Kenwood Losh and Susan K. Losh In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4023 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark Udren. Sheriff's Costs: Docketing 30.00 Poundage 965.34 Posting Handbills 15.00 Advertising 15.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 395.60 Patriot News 300.55 Share of Bills 28.90 $1817.59 paid by attorney 01/13/04 Sworn and subscribed to before me So Allswers: This/~,'~ dayof~. R. Thomas Kline, Sheriff 200~ A.D. Prothonota~ Real Est~ Deputy THE PATRIOT NEWS THESUNDAY 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 Mamh 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 and 29th day(s) of July and the 5th day(s) of August 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. ....... / ~~:~ NOTARY PUSLIC ~' ~ ~ ~y commission expires June 6, 2~6 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 $ 298.90 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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: JULY 18, 25, 2003 AUGUST 1, 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 tree. REAL ESTATE SALE NO. 19 Writ No. 2002-4023 Civil Deutsche Bank Trust Company Americas, f/k/a Bankers's Trust Company. as Trustee and Custodian by: Saxon Mortgage Services. Inc., f/k/a Meritech Mortgage Services, Inc., as their attomey4n-fact VS. Kennwood Losh. a/k/a Kenwood Losh and Susan K. Losh Atty.: Mark d. Udren ALL THAT CERTAIN tract or par- eel of land situate, lying and being tn Upper Mtfnin Township. Cumberland County, Pennsylvania. more particularly bounded and de scribed as followa to v~lt: tersection of the 5h~nlskey Run Road with a road leading to Whiskey Run School House: thence along the last mentioned road. North sixty two (62) degrees East, eighty*six (86) perches to a point; thence North fifty-three degrees East, ~-aeven (571 perches to a poknt in said road: thence by land now or formerly of A.K. Barrlck, North forty three [45) degrees West, eighty-four (841 perches to a point: thence by land now or formerly of the heirs of Solomon Gutt~hall, South forty-seven [47~ degrees.West, thhq~-elght {381 perches to a point; thence by same, South sixteen degrees East, twenty-eight (28) thirty two {a21 perches to a point In Whiskey Run Road: thence along said road, South forty-four {44) de- grees East. thirty-one (31) perches in the place or beginning. Contain e Coyne, Edito/r/ SUBSCRIBED before me this 1 dayof AUGUST, 2003 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: JULY 18, 25, 2003 AUGUST 1, 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 8ALE NO. 19 Writ No. 2002 4023 Civil Deutsche Bank Trust Company Americas, f/k/a Bankers's Trust Company. as Trustee and Custodian by: Saxon Mortgage Services. Inc.. f/k/a Meritech Mortgage Services, Inc., as their attorney-in-fact VS. Kennwood Losh, a/k/a Kenwood Losh and Susan K. Losh Atty.: Mark d. Udren ALL THAT CERTAIN tract or par eel of land situate, lying and being in Upper Mifflin Township, Cumberland County. Pennsylvania. more particularly bounded and de scribed as follows to wit: BEGINNING at a point in the in- tersection of the Whiskey Run Road with a road leading to Whiskey Run School House: thence along the last mentioned road, North sixty two (62) degrees East, eighty-six {86) perches to a point; thence North fifty three degrees East, fifty-seven (57) perches to a point in said road; thence by land now or formerly of/~K. Barrick, North Er/y-three {43) degrees West. eighty-four (84) perches to a point; thence by land now or formerly of the heirs of Solomon Gutshall. South forty seven {471 degrees.West, thirty eight (38) perches to a point: thence by same, South sixteen (16) degrees East, twenty-eight {28) perches to a point: thence by land South thirty {30) degrees West. thirty two (32) perches to a point in Whiskey Run Road; thence along said road, South forty-four (44) de- grees East, thirty-one (31) perches SUBSCRIBED before me this 1 day of AUGUST, 2003 School House; thence adong the last mentioned road. North sixty t~vo (62) degrees East, eighty six [86} perches to a point: thence North fifty three degrees East. fifty-seven (57) perches to a point in said road; thence by land now or formerly of A.K. Barcick. North forty-three (43) degrees West. eighty-four (84) perches to a point; thence by land now or formerly of the heirs of Solomon Gutshall, South forty-seven (47) degrees.West, thirty-eight (381 perches to a point; thence by same. South six[een (16) degrees East. twenty-eight (281 perches to a point; thence by lalxd now or formerly of Parker Hoover, South thirty (30) degrees West. thirty~two [32) perches to a point in ~Pniskey Run Road; thence along said road. South forty four (44) de- grees East. thirty-one [31) perches in the place or beginning, Contain- ing for[y-three (43) acres, more or Less however, a tract of land known as Lot No. 2 of the subdivi- sion plan for Rhode[la Ellis Losh. et al., as recorded in Cmllberland Coun- ty Plan Book 42. Page 79. and con- taining 8.00 acres which premises was granted and conveyed unto Vic- tor E. Whltten Sr. and Victor E. Whitten. Jr. by Deed dated Octo ber 1. 1982 and recorded in the Of- -' hg&g ihe r;sidaal area of ~ Lot No. 1, on the aforementioned Subdivision Plan. TITLE TO SAID PREMISES IS VESTED IN Kennwood Losh and Susan K. Losh, husband and wife as tenants by the entireties, by Deed from Kenwood Losh and Su- san K. Losh. husband axtd wife. and John G. Moffit. single, dated 6/29/ 99. recorded '7/12/00. in Deed Book 225, Page 170. pROPERTY ID NO.: 44-06-0837- 024. BEING KNOWN AS 43 SUBDI- VISION ROAD, NEWV1LLE, PA 17241. UDREN LAW OFFICES, P.C. BY: Hark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Deutsche Bank Trust Company Americas Formerly Known as Bankers,s Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their Attorney-In-Fact Plaintiff Vo Kennwood Losh a/k/a Kenwood Losh Susan K. Losh Defendant ATTORNEy FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION i Cumberland County : iNO. 02-4023 : PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: March 1 2004 Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff