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HomeMy WebLinkAbout03-0529MARK 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS 'CIVIL DIVISION . Cumberland County NO. 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 Plainti'ff. 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. LAWYERS 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 UNABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/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: 163 East Louther Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 5/3/02 DATE RECORDED: 5/8/02 BOOK: 1758 PAGE: 1370 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: 1/15/03: (a) by failin9 or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 9.2%* from 9/01/02 to 1/15/03 (the per diem interest accruing on this debt is $12.58 and that sum s%ou~d be added each day after 1/15/03) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $91.54 and that sum should be added on the first of each month after 1/15/03) (238.22) Late Charges (monthly Sate charge of $24.57 should be added in accordance with the terms of the note each month after 1/15/03) 98.28 Penalty Interest 1,836.34 Attorneys Fees (anticipated and actual to 5% of principal) 2,496.04 TOTAL $56,362.90 *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. $49,920.80 1,719.66 250.00 280.00 · ~ ' .; "- .;'"-;i:' ' .': :: - . ' : "..~ '-.: :". ': '. · ..': ,: ;;].' · :. '' :'.: .. ::'-:~:' · .'."...:.":;..:. '"'..--. · ...... -. ;:. .'...; '. :;.~.; . i::' 5'i :.. -:::' ::i . ;~-~.~21}J?' i:. i~ '_... j'j.;(.':'.~i/':.::?. · ' Coun~y~ ~o~ C~C~erlandlot and°f ground,comn~ealth~ardw/tho~ theofrhe ~enns~l~ania,impr°v~en~~°r°u~h of Carliale,eh~re°nbound~d of the herein described premises and the ~roper~y-on ~he Wes= known as 161 Eas~ Lou~h~r Street, No~h 13 deg=ees East 110 feet =o a ~os=~ =hence by ~rO~er~y No. 161 Pas= ~U~her Street, North :; ..: ~[~._/~::]?' ":'"':"'""' : ": "':':~':/:~::':'" Nor~k51 degreesl0 degrees15 minu=eSWest 5.Wes=6 fee 8.7 f~e~ ~o a post~ ~hence by same ~''~" ~ degrees West· 118 ?-~-~ .... e; thence dion sci 1~ ' ' nU~ered :~ ;:.:~ .: :. ;' .;:~. LOAN NO DATE 0006210678 11/04/02 LETTER VER REQ 0P171 016 JG2 PA. DESCR];PTTON DATE 01 15/03 Part 1 Pennsylvan±a NOT November 04, 2002 Christ±ne' A Smith 163 E Louther St Carlisle, PA 17013-3028 Homeowners Name: Christine A Sm±th Property Address: 163 E Louther St, Carllsle PA 17013 Loan Account No.: 0006210678 PF: I SC F EXHIBIT LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P171 016 JG2 Part 1 Pennsylvan±a NOI Or±g£nal Lender: OPTION ONE Current Lender/Serv±cer: Option One Mortgage Corporat±on HOMEONNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU NAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE NHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY NITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY ~G~.GE ASSISTANCE ACT OF IO~3-~.~HE "ACT"), Y©U H_ FOR .... ENERGENCY MORTGAGE ASSISTANCE: PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P171 016 JG2 Part I Pennsylvan±a NOI * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE - Under the'Act, you are entitied to a temporary stay of foreciosure on your mortgage for th£rty (30) days from the date of this Not~ce.. Dur±ng that time you must arrange and attend a "face-to-face" meeting with one of the des±gnated consumer cred±t counsel±ng agencies iisted at the end of this Notice. THIS MEETING MUST OCCUR NITHIN THE NEXT (33) DAYS. IF YOU DO PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRZPTION DATE 01/15/03 0006210678 11/04/02 0P171 016 JG2 Part I Pennsylvan±a NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCEs YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HON TO CURE YOUR MORTGAGE DEFAULT"~ EXPLAINS HON TO BRING YOUR MORTGAGE UP TO DATE. OP1 71 PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210676 11/04/02 0P171 016 dG2 Part I Pennsylvan±a NOI Re: Loan No. 0006210678 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer cpedlt counseling agenc±es ~isted at the end of th±s Notice, the lender may NOT take act±on against you fop thirty (30) days after the date of this meet±rig. The names, addresses and telephone numbers of designated consumep credlt counseling agencies fop the county in or you may contact HUD directly at 800-569-4287 or visit the HUD PF: I SO F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P171 016 dG2 Part 1 Pennsylvania NOI website at www,hud,govloff£ces/hsg/sfh/hcc/hccprof14.cfm, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your ±ntentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage ±s ±n default for the reasons set forth iater in this Not±ce (see foliowing pages for specific information about the nature of your defauit.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financ±ai assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fili out, sign and fiIe a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies l£sted at the end of this Notice, Only consumer credit counsel£ng agencies have applications for the program and they wiI1 ass!s~~~_~ comp-letg-a~l-ic~a~i~m to t3~e--~sy!van!~ Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P171 016 JG2 Part I Pennsylvan±a YOU NUST FILE YOUR APPLICATION PRONPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLON THE OTHER TINE PERIODS SET FORTH IN THIS LETTER~ FORECLOSURE NAY PROCEED AGAINST YOUR HONE INNEDIATELY AND YOUR APPLICATION FOR NORTGAGE ASSISTANCE NILL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage assistance are very l±mited, They ~il[ be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylvania Hous±ng Finance Agency has sixty (60) days to make a declsion after it receives your application, During that time, no foreclosure proceedings ~i~1 be pursued against you if you have met the time requirements set forth above, You uill be notified directly by the Pennsylvania Houslng F±nance Agency of its decision on your application, ---- -OP! 71 ............................................... PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P172 024 JG2 Part 2 Pennsylvan£a NOI Re: Loan No. 0006210678 NOTE: ZF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLONING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT.BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have f±led bankruptcy, you can st£11 apply for Emergency Mortgage Ass£stance.) ~-~ TO ~R~ ¥O~JR_M~ ............. ~.~_-DEep TO DA~E) PF; I SO F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P172 024 dG2 Part 2 Pennsylvan±a NOI NATURE OF THE DEFAULT - The NORTGAGE debt held by the above lender on your property located at: 163 E Louther St~ Carl±sle PA 17013 IS SERIOUSLY IN DEFAULT because: months and the follou~ng amounts are non past due: (a) Nonthly payments: I NONTHS @ $ 501.07 2 NONTHS ~ $ 501.07 YOU HAVE NOT NADE NONTHLY NORTGAGE PAYNENTS for the following (b) Prev£ous late charges~ (c) Other charges; Escrow, Inspect£on, (d) Other prov±s±ons of the mortgage obi±gat±on, PF: I SC F 2 SC B $ 1503.21 $ 49.14 $ LOAN NO DATE LETTER VER REQ 0006210678 11/04/02 0P172 024 JG2 any (e) TOTAL ANOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE DESCRIPTION DATE 01/15/03 Part 2 Pennsylvan±a NOI $ $ 1552.35 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ±f not applicable): HON TO CURE THE DEFAULT - You may cure the default ulthln thirty (30) days of the date of this notlce BY PAYING THE TOTAL AHOUNT PAST DUE TO THE LENDER NHICH IS $1552,35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES NHICH BECONE DUE DURING THE THIRTY (30) DAY PERIOD, Payments mus~ b_=~ma~le~=t4+er by cash, caeh!sr~-s chgck, ~-.e.e~i=gied check or money order made payable and send to: PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P172 024 JG2 Part 2 Pennsylvan±a NOI Ove~n£ght Mail Add,ess Neste~n Unlon Quick Collect 3 Ada Pay to: Option One MoPtgage CoPporation Zrv±ne, Ca. 92618 Code Clty: Option, Ca You can ouPe any otheP default by taklng the following action Nlthin th±try (30) days of the date of thls letteP. (Do not use if not (applicable.) 0P172 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P173 012 JG2 Part 3 Pennsylvania Re: Loan No, 0006210678 YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mcrtgauc in mcnth!y inst~!ime~.ts~-- If full payment .of th~]~m~ past due is not made within THIRTY (30) DAYS~ the lender also intends to instruct its attorneys to start legal action to foreclose upon your PF: I SO F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P173 012 JG2 Part 3 Pennsylvania mortgaged property. IF THE NORTGAGE IS FORECLOSED UPON ~ The mortgaged property Nill be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to ±ts attorneys, but you cure the delinquency before the lender brings,legal proceedings against you, you Nill still be required to pay the reasonable attorney's fees that Nere actually incurred, up to $50.00. HoNever, if legal proceedings are started against you, you Nill have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees w±ll be added to the amount you one the lender, Nhich may also ±nclude other reasonable costs. If you cure the default Nithin the THIRTY (30) DAY period, you - :-:ill not be required to pay attorney's foes, PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P173 012 JG2 Part OTHER LENDER REMEDIES - The lender may also sue you personally for the unpa£d pr±nc±pal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default u±th±n the THIRTY (30) DAY per±od and foreclosure proceed±ngs have begun, you st±ll have the r~ght to cure the default and preven~ the sale at any t±me up to one hour before the Sher±ff's Sale. You may do so by pay±ng the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected u±th the foreclosure sale and any other costs connected u±th the Sher£ff's Sale as spe¢±f~ed ±n ur±t±ng by the PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P173 012 JG2 Part 3 Pennsylvan±a NOI lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice Mill restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held Mould be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriff's Sale Mill be sent to you before the sale. Of course, the amount needed to cure the default Mill increase the longer you Mait. You may find out at any time exactly Mhat the required payment or action Mill be by contacting the lender. ---- -QF~I 73 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRZPTZON DATE 01/15/03 0006210678 11/04/02 0P174 021 JG2 Part 4 Pennsylvan±a NOZ Re: Loan No, 0006210678 HON TO CONTACT THE LENDER: Name of Lender: Address: Attn: Address: Phone Number: Fax Number: Option One Mortgage Corporation 7515 Irvine Center Drive Tommi Tedford ~rv&ne, CA.-9261~ 800-326-1500, Ext, 8004 949-784-6033 PF: I SC F LOAN NO 0006210676 DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 11/04/02 0P174 021 JG2 Part 4 Pennsylvan±a NOI Contact Person: Office hours: J GLATT EXT 48004 Monday through Thursday 7:00 a.m. to 9:00 p.m. PST Friday 7:00 a.m. to 6:00 p,m. PST. EFFECT OF SHERIFF'S SALE - You should real£ze that a Sheriff's Sale 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 couZd be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who ~±11 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 ot-her-reg~ri-~eme~s~-%he~or~ga~e~c~a~i-s~&ed ....... YOU MAY ALSO HAVE THE RIGHT TO: P F: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/15/03 0006210678 11/04/02 0P174 021 JG2 Part 4 Pennsylvan±a NOI * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORRON 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 CURED THE DEFAULT. (HONEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LANSUIT INSTITUTED UNDER THE MORTGAGE * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRZPT[ON DATE 01/15/03 0006210678 11/04/02 0P174 021 JG2 Part 4 Pennsylvan£a ACT[ON BY THE LENDER. * TO SEEK PROTECT[ON UNDER THE FEDERAL BANKRUPTCY LAN. 0P174 PF: 2 SC B 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.C.S. Section 4904 relating to unsworn falsification to authorities. ~/~'~ ESQUIRE Ma k~.~U~ren, MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2003-00529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OPTION ONE MORTGAGE CORPOPJtTIO VS SMITH CHRISTINE A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH CHRISTINE A the DEFENDANT at 163 EAST LOUTHER STREET , at 1550:00 HOURS, on the 4th day of February , 2003 CARLISLE, PA 17013 by handing to JESSICA KARPER, DAUGHTER 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 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this Y ~ day of ~ProEhono~ary So Answers: R. Thomas Kline 02/05/2003 MARK UDREN By: 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 Option One Mortgage Corporation Plaintiff Vo Christine A. Smith Defendant ( s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-529 Civil 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: March 11, 2003 MARK J. UDREN &ASSOCIATES · Udren, Esquire Attob~ke.y for Plaintiff FEB. ?. 200~ lO'22AM M~il MARK J UDREN & ASSOC 856 48253~]4 NO. 5570- P. 2/10 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 record~ of the mortgage held by Plaintiff in the ordinary Course of business and that tho~e facts are true and correct to the best of the knowledge, information and belief of the undersized. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec~tion 4904 relating to unsworn falsification to authorities. A$$istont Secretory Christine A. Smith Loan #0006210678 MJU #0301038O MA~K 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant(s) ' ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS ' CIVIL DIVISION .Cumberland County ' MORTGAGE FORECLOSURE ' NO. 03-529 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ~SESS~NT 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 1/16/03 to 3/11/03 Late charges per Complaint From 1/16/03 to 3/11/03 Escrow payment per Complaint From 1/16/03 to 3/11/03 $56,362.90 691.90 24.57 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. ~J. UDREN & ASSOCIATES or~Ffor 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 Option One Mortgage Corporation Plaintiff V. Christine A. Smith Defendant(s) ATTORNEY FOR PLAINTIFF i COURT OF COMMON PLEAS CIVIL DIVISION iCumberland County i NO. 03-529 Civil DATED: TO: February 27, 2003 Christine A. Smith 163 East Louther Street Carlisle, PA 17013 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION AUNABOGADO 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 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. FEB, 7. 2003 10:22AM M~il MARK J UDREN & ASSOC 856 4825384 NO, 5570~"P. 3/10- ' NARK J, UDREN & ASSOCIATES BY: Mark J. Udren, Es~ulre ATT~ I.D. NO. 04302 1040 N. KIN~S HIGHWAY, SUITE 500 ~RRY HILL, NJ 08034 OptiOn One Mortgage Co~oration P.O. Box 57038 I~ina, ~ 92619-7038 Plaintiff Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant STATE OF COUNTY OF ATTORNey FOR P~AINTIFF ~ COURT OF COMMON PLEAS ] CIVIL DIVISION iCumberland County i MORTGAGE FORECLOSURE ! NO. 03-529 Civil AFFIDAVIT OF NON-MILITARY SERVICE : SS T_H_E____.UND. ERS~I_G__N_E._,D being duly sworn, d.epos.eg and says that the averments n_erezn are Dasea up,on i_nyes~zgatlons made and records maintained by us eit_her_ as P_lazntiz£ or as serv. icin~ a ent of the .P.1, gi..ntiff herein_and that the abov~ Defendant(s~ a~- ~,l,l.Z~ary o.r .N.ava~l .Se .ry./ce of .the United States' ~f k~%~ a~a~es as ue~lnea zn =ne Soldiers and Sailors Civil ReliC] 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Christine A. Smith Age: Over 18 Residence: As captioned above Employment ~ Unknown Name: Sworn to and subscribed Company: his , 20day Assistont Secretory 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Vo Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION -C"umberland County ' MORTGAGE FORECLOSURE 'NO. 03-529 Civil PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From March 12: 2003 to Date of Sale June 11, 2003 Per diem @$12.58 (Costs to be added) MARK J. UDREN & ASSOCIATES WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-529 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From CHRISTINE A. SMITH, 163 EAST LOUTHER STREET, CARLISLE, PA 17013 (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 $57,262.45 L.L. $.50 Interest FROM MARCH 12, 2003 TO DATE OF SALE JUNE 11, 2003 PER DIEM 6512.58 - $1,157.36 Atty's Comm % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: MARCH 12, 2003 (Seal) CURTIS R. LONG Deputy 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 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Vo Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant ( s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 'Cumberland County · MORTGAGE FORECLOSURE 'NO. 03-529 Civil 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. MAR~. UDREN & ASSOCIATES M~ ~ t ) 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Ve Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant ( s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-529 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, 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: 163 East Louther Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Christine A. Smith 163 East Louther St., Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Address Name Plaintiff herein. Richard B. Steffy See Caption above. Address to follow Dana H. Steffy, Husband and Wife 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 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Manover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue 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 163 East Louther St.,Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statemenus herein are made subject to the penalties of 18 Pa.C.S..sec. 4904 relating to unsworn falsification to authorities. DATED: March 11, 2003 MARK J. UDREN & ASSOCIATES ~~ J~_Y2~ren, 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 856-482-6900 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7-038 Plaintiff Christine A. Smith. 163 East Louther Street carlisle, PA 17013 De fendant ( s ) ATTORNEY .FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 'Cumberland County - MORTGAGE FORECLOSURE : NO. 03-529 'ciVil NOTICE OF SNNRIFF'S SAT.R OF .REAL Pw~PR~TY · TO: Christine A. Smith 163 East Louther Street Carlisle, PA 17013 yoUr house (real estste) at 163 East Louther Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale. on June 11, 2'003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd floor CourthOuse, Carlisle, PA , to enforce the court, judgment of $57,262.45, obtained by Plaintiff above (the mortgagee) against you. If the sale-is postponed,, the property .will be relisted for the Next Available. Sale. NOTICE OF OWNER'S YOU MAY BE ARL~ TO PREVENT THIS S~RRIFF'S S~?.~ 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: ¢8~) 482-6900. ' 2. You maybe'able to stop the sale-by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STIT.T. BE ABT.~ TO SAVE YOUR pROPerTY ~ YOU HAVE OT~' RIGHTS EVEN IF Tw~ Sw~RIFF' S S~T.~ .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-A82-6900. 2. You may be able to'Petition the Court to set aside the sale if the bid price was grossly inadequate icompared 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 maybe entitled to a share of the money which was .paidfor 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 SHO~I~D TAKE THIS PAPE~ TO YOUR LAWY~ AT ONCE. IF YOU"DO NOT.HAVE A LAWYE~ OR CANNOT AFFORD ONE, ~0 TO O~TELEPHONETHE OFFICE LISTED BELOW-TO FInD OUT~u~E¥OUCAN Cumberland coUnty Bar Association ' 2 Liberty Avenue - Carlisle, PA 17013 7'17-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland CoUnty Bar Association 2 Liberty Avenue Carlisle, PA 17013 317-249-3166 800-990-9108 ALL ~ CER~;~I~ lo= of ground, with' the improvements, t_~ereon erected, situate in =he Firs~ Ward of the Borough of Ca=lisle, C~ of 'C~erland anc.C~°nweal=h. . of...Pe~sylva~a,. . . . bonded.. ~d des~ibed as , :'/::.~::?... .:-.: .:-'. - follows: '. - · ' .. ~ ....... ' ..... ~~ a~ a. pOin~ on ~he ~o~th Side of gas~ ~u~her S~ree~ than=~ · ': =hrough =he cen=er of ~e ~le~ay ~ =he .pa~i=ion wall of =he :;:' ' '~:::" .... : Eas= Lou~her S~r=e=, No~h 13 degrees Eas= 110 :fee= %o a pos=~ '=hence ':'~ · "~::' ~:~':'~"::~?':~:'::"'""~::.: -.~..; - - · .... . b~' proPer=y No. 161 EaS~ Lou=he= S=ree=, No~ 51 'degrees 15 ~u=es ....... .:: .... '~' ..-.-Wes= 8,7 fee= ~o a pos=~ =h~ce by s~e No~h 10 degrees Wes~ 5.6 feeU ....:.::.:~..~ .. to a post on ~3e line of'.land now or fo-~e=ly of ~rshall W.-'S~==s . . . :. :-.. ....... '.'.:.' and Doro=hy 'H..SpoOr's, his wife2 =h~ce along said 1~ South 70 .~" ":'"" "::' '- .degrees 30 ~n'l~es Eas= 26.7 feet ~o a po~. on =he 'l~e of lend'of '"'~ said land Sou=h .13 degrees Wes= ·118 feet ~o a Poin~ .on ~e-North side '"'~ ": BEGINNING. ~''-- .~~ uhereon· erected a-2~' s=or~ brick' dwelling .ho~e, :~°wn and -.-. n~ered-as -16}; ~s= L0u=her Street, Carlisle, pe~sylv~ia. . "' '~ '"' TITLE TO SAID PREMISES IS' VESTED' IN CHRISTINE' A. SMITH, 'BY"..DEED ' '-' "' ...FROM RICHARD B .' STEFFY AND DANA H. STEFFY, HUSBAND AND' WIFE, 'DATED ' ' ":' .'....:.. ,.' '. 5/3/02," RECORDED 5/8/02, 'IN DEED BOOK 251, PAGE 3210.. - --.."~'. . ..'" ~.: ..";' ': .......... PROPERTY ID NO.: 02-21-0318-220 " -'" BEING KNOWN AS I~' EAST LOUTHER STREET, CARLisE 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Vo Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS · CIVIL DIVISION . Cumberland County · NO. 03-529 civil AMENDED 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 lieD_holder 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 Cou~j Order is attached hereto as Exhibit All Notices were served within the 3129. This Affidavit is made subject to th. relating to unsworn falsification to Dated: April 25, 2003 BY  hen 'oof of compliance with said ~ 1' set forth by Pa Rule C.P. of 18 Pa.C.S. Section 4904 ATES 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Ve Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant ( s ) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION : Cumberland County i MORTGAGE FORECLOSURE 'NO. 03-529 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 option One Mortgage Corporation, 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: 163 East Louther Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Christine A. Smith 163 East Louther St , Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Richard B.Steffy & Dana H.Steffy, Husband and Wife 346 Veterans Way Elliottsburg, PA 17024 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 163 East Louther St.,Carlisle, PA 17013 I verify that the statements made ~inAthis/a~fidavit are true and correct to the best of my personal knowledge ~rI information and belief. I understand that false statements h~ei~ aSelmade subject to the penalties of 18 Pa.C.S. sec. 4904 relating to\~s~o~nlfalsification to authorities. DATED: April 24,2003 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Christine A. Smith 163 East Louther Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ~NO. 03-529 civil DATE: April 1, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF RR~L PROPERTY OWNER(S): Christine A. Smith PROPERTY: 163 East Louther Street Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the ~ County Sheriff's Sale on ~, at 10:00 a.m., at the Commistioners 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 theret° within 10 days after the filing of the schedule. EXHIBIT A Option One Mortgage Corporation VS Christine A. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-529 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 8:18 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: Christine A. Smith, by making known unto Christine Smith, personally, at 163 E. Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2003 at 3:13 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christine A. Smith located at 163 E. Louther St., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Christine A. Smith, by regular mail to her last known address of 163 E. Louther St., Carlisle, PA 17013. This letter was mailed under the date of April 07, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This 2003, A.D. day of Prothonotary So sw_y.,rs: Real Estat~Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WElls Fargo Bank of Minnesota N A tr is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue of a writ Execution issued on the 12th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 529, at the suit of Option One Mtg Corp against Christine A Smith is duly recorded in Sheriff's Deed Book No. 257, Page 4340. 1N TESTIMONY WHEREOF, I have hereunto set my hand 7al~o f said office this ? ~ day of , A.D. 2003 ~e~ Recorder of Deeds Option One Mortgage Corporation VS Christine A. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-529 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 8:18 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: Christine A. Smith, by making known unto Christine Smith, personally, at 163 E. Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2003 at 3:13 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christine A. Smith located at 163 E. Louther St., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Christine A. Smith, by regular mail to her last known address of 163 E. Louther St., Carlisle, PA 17013. This letter was mailed under the date of April 07, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren for Wells Fargo Bank Minnesota, National Association, as Trustee for registered Holders of Option One Mortgage Loan Trust 2002- A, Asset-Backed Certificates, Series 2002-A, without recourse. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, National Association, as Trustee for registered Holders of Option One Mortgage Loan Trust 2002-A, Asset- Backed Certificates, Series 2002-A, without recourse of 3 ADA, Irvine, CA 92618, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $738.85, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 14.49 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail Levy 15.00 Surcharge 20.00 Law Journal 274.70 Patriot News 216.52 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 738.85 Swom and subscribed to before me This .~',,A day o j~y Proihonotary So Answers: R. Thomas Kline, Sheriff Real Estate~Deputy Real Estate Sale # 73 On March 17, 2003 the sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA known and numbered as 163 E. Louther St., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 17, 2003 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 ex[sting 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 cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, end that ell of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #73 I ALL THAT C~ '~ Member, PemayNanla Association Of Nolari~/ commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN3Y 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 $ 214.77 $ 1.75 $ 216.52 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 STATE OF PENNSYLVANIA : ._ COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. I~EAL F-.~TAT~ ~ NO. 75 Writ No. 2003-529 Civil Option One Mortgage Corporation Christine A. Smith Atty.: Mark J, Udren ALL THAT CERTAIN lot of ground, with the improvements thereon erected, situate tn the First Ward of the Borough of Carlisle. County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the North side of East Louther Street; thence through the center of the al- leyway and the partition wall of thc herein described premises and the property on the West known as 161 East Louther Street. North 13 de- grees East 110 feet to a post; thence by property No. 161 East Ix)uther Street. North 51 degrees 15 min- utes West 8.7 feet, to a post: thence by same North 10 degrees West 5.6 feet to a post on the line of land now or formerly of Marshall W. Sports and Dorothy H, Spotts, his Wife; thence along said land South 70 degrees 30 mlnutee East 26.7 feet to a point on the line of land of said Marshall W. Spotts and Dor- othy H. Spotts. his wife: thence along said land South 13 degrees West 118 feet to a pohat on the North side of East Ix>uther Street: thence along the North side of East Louther Street North 77 degrees West I4.75 feet to a point, the place of BEGIN- NING. HAVING thereon erected a 2 1/2 story brick dwelling house, known and numbered as 163 East Louther Street. Carlisle, Pennsylvania. SWORN TO AND SUBSCRIBED before me this 9 _day of MAY, 2003_ the Borough of Carlisle, County of Cumberland and Commonwealth of scribed as follows: thence through the center of the al- leyway and the partition wall of the herein described premises and the property on the West known as 161 E~qt Louther Street, North 13 de- by property No. 161 East Louther by same North 10 degrees West 5.6 now or formerly of Marshall W. Sports and Dorothy fi, Sports. his wife: thence along said land South 70 degrees 30 minutes East 26,7 said Marshall W. Sports and Dor- othy H. Spotts. his wife: thence along said land South 13 degrees side of East Louther Street: thence along the North side of East Louther feet to a p{Ymt, the place of BEGIN- NING, story brick dwelling house, known TITLE TO SAID PREMISES IS VF, STED IN Christine ~ Smith, by Deed from Richard B. Steffy and Darm H. Steffy, husband and wife, dated 5/3/02. recorded 5/8/02. in Deed B~ok 251, Page 3210. 230, BEING KNOWN AS 163 EAST LOUTHER STREET, CARLISLE;, PA