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Home My WebLink About03-0530MARK 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 Ray L. Deihl 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION o Cumberland County COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ~VISO Le hah 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 ¥ 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 ¥ requiere clue 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 UNABO~ADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERI~UAR DONDE SE PUEDE CONSE~UIR 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: 151 W. North Street a/k/a 151 W. North Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 08/23/01 DATE RECORDED: 09/04/01 BOOK: 1732 PAGE: 2265 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 01/22/03: Principal of debt due and unpaid Interest at 8.6%* from 10/01/02 to 01/22/03 (the per diem interest accruing on this debt is $12.81 and that sum should be added each day after 01/22/03) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $80.65 and that sum should be added on the first of each month after 01/22/03) (282.38) Late Charges (monthly Iate charge of $25.52 should be added in accordance with the terms of the note each month after 01/22/03) 127.60 Suspense Balance (127.60) Penalty Interest 1,866.62 Attorneys Fees (anticipated and actual to 5% of principal) 2,718.66 TOTAL $60,656.96 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. $54,373.20 1,450.86 250.00 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 $60,656.96 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark' J Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ,: The land refen-ed to ~n this Commrtment is described as follows: i ALL that certain tract o~' land situate in the B Jl I _Pe_n..n.~ylvania, more narticu,~.,, k ....... o.m. ugh ..o, CariisJe, County of ~._~.., ...... /I I UOUNDED on the ~. k.~'.'7_ ~u?.na..ea_ana aescri~d as follows ~X-~''''''''~''d'a ana commonwealth of II I;_Y~ ur,?ormer~y orJ.W, Handshaw =o~-*.- ^__u.,_~, ~orr~__ey a ;2-~ot alley: an~ b,~-,-,~.. [-"'.~"~ a.n.a Maggie ;I I: exrenc~lng in denth 11'e ~"-. -- ~-.~,..~..~.pmaln~ng 28 feet more or ;e:~_~ ;-~-.~:'"-'-" ,~-~- .~r~ me ,-as: Oy ro /I I; .... =., more or ;ess, ~0 the aforesaid 12 .... '~ ......... ,,u,,, on west north 8treetP~n~perry ,,A ~u~[ alley. Jso known as parcel h umber 05-20-1798_123 LOAN NO DATE LETTER VER REQ 0004900296 12/03/02 0P171 016 dG2 December 03, 2002 Ray L, Deihl 151N North St Carlisle, PA 17013-2322 DESCR]:PT]:ON DATE ~)1/22/03 Part 1 Pennsylvania NO]: Homeowners Name: Ray L. De£hl Property Address; 151W North Ave, Carlisle PA 17013 Loan Account No,: 0004900296 PF: 1 SC F Exhib~ A LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 0'1/22/03 0004900296 12/03/02 0P171 016 JG2 Part 1Pennsylvan±a NOZ Original Lender: OPTION ONE Current Lender/Serv£cer: Option One Mortgage Corporat±on HOMEONNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAH YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE NHICH CAN SAVE YOUR HONE FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY NITH THE PROVISIONS OF THE HOMEONNER'S EMERGENCY M~R~-(~ -..-. A~E~SS~S~ANG~--OF-tge3-(~He J. AC¥,,)F YOU NAb' BE ELiGi~LE'FOR~ EMERGENCY MORTGAGE ASSISTANCE: PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P171 016 JG2 Part 1 Pennsylvan£a NOI * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROLs * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS~ AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of th±s Notice, Dur±ng that t±me you must arrange and attend a "face-to-face" meeting uith one of the des±gnated consumer credit counseling agenc±es listed at the end of this Notice, THIS MEETING MUST OCCUR NITHIN THE NEXT (33) DAYS, IF YOU DO PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P171 016 JG2 Part I Pennsylvan±a NOI NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HON TO BRING YOUR MORTGAGE UP TO DATE. 0P171 PF: I SC F 2 SC B LOAN NO DATE LETTER 0004900296 12/03/02 0P171 VER REQ DESCR[PTZON DATE 01/22/03 016 JG2 Part I Pennsylvan±a NO[ Re: Loan No. 0004900296 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counsel±ng agencies l±sted at the end of this Not±ce, the lender may NOT take action against you for thirty (30) days after the date of th±s meet±rig. The names, addresses and telephone numbers of designated consumer cred&t counseling agenc2es for the county ±n -~±ch the prcparty J;9 1oc~-edmet-fofth at the end of~W2$ Not~ce,. or you may contact HUD directly at 800-569-4287 or visit the HUD PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P171 016 JG2 Part 1 Pennsylvan±a NOI webs±re at www,hud.gov/offices/hsg/sfh/hcc,/hccprof14,cfm. It is only necessary to schedule one face-to-face meet±rig. Adv±se your lender ±mmed±ately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later ±n th±s Notice (see following pages for spec±f±c information about the nature of your default.) If you have tr±ed 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 f±li out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the des±gnated consumer credit counseling agencies listed at the end of th±s Notice, Only consumer credit counseling agencies have applicat±ons for the program and they Y°~n-~ubmlt-~ng~om,,plet~appl~ca-tio.n~to ~h~-Penn~ylvania -- - Housing F~nance Agency, Your appZ~cat~on MUST be f~ed or postmarked w~th~n thirty (30) days o~ youP face-tO-~ace meeting. PF: I SC F 2 SO B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P171 016 JG2 PaPt 1 Pennsylvan±a NOI YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLON THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE NILL BE DENIED. AGENCY ACTION - Available funds fo~ emergency moPtgage ass±stance a~e very l±m±ted. They w£11 be disbursed by the Agency under the e[igibil£ty criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decis±on after ±t receives your applicat£on. Dur±ng that time, no foreclosure p~oceedings will be puPsued against you if you have met the time Pequ±rements set forth above. You ~i~l be not±lied d±Pectly by the Pennsylvania Housing Finance Agency of its decision on you~ applicat±on. OP!7~L ._ _ PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P172 024 JG2 Part 2 Pennsylvan£a Re: Loan No, 0004900296 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR"INFORNATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) -~ON--T~D CLND~-.vUF~.,v,C~TATdM3-~ DEFAUL~E~R~NG IT-UP--TOJ~A~E). . PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P172 024 JG2 Part 2 Pennsylvan±a NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 151 N North Ave, Carl£sle PA 17013 SERIOUSLY IN DEFAULT because: Ao months and the foiiow£ng amounts are now past due: (a) Monthly payments: I MONTHS ~ $ 506,02 2 MONTHS ~ $ 506,02 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follou£ng $ 1518,06 (b) Prev±ous late charges~ $ 76,56 (c) Other charges; Escrow, Inspect±on, NSF-~-~hecks ..... ~ (d) Other prov±sions of the mortgage obl±gation, PF: I SC F 2 SC B LOAN NO DATE LETTER 0004900296 12/03/02 0P172 ±f any VER REQ DESCRIPTION DATE 01/22/03 024 JG2 Part 2 Pennsylvan£a NOI (e) TOTAL ANOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ $ 1594.62 B. YOU HAVE FAZLED TO TAKE THE FOLLONING ACTION (Do not use ±f not applicable): HON TO CURE THE DEFAULT - You may cure the default uithln thlrty (30) days of the date of thls notlce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER NHICH IS $1569.10, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pc¥~entc must b~made~i~-hec-~3y--cas, hT~ashLer.s ch~-ck~cec_t~f_~_ed. . check or money order made payable and send to: PF: I SC F 2 SC B LOAN NO 0004900296 DATE LETTER VER REQ DESCRZPTION DATE 01/22/03 12/03/02 0P172 024 JG2 Part 2 Pennsylvania NOI Overnight Mail Address Nestern Union Quick Collect 3 Ada Pay to: Option One Mortgage Oorporation Irvine, Ca. 92616 Code City: Option, Ca You can cure any other default by taking the follouing action uithin th£rty (30) days of the date of this letter. (Do not use if not (applicable.) OP1 72 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTZON DATE 01/22/03 0004900296 12/03/02 0P173 012 JG2 Part 3 Pennsylvan±a NOI Re: Loan No, 0004900296 YOU DO NOT CURE THE DEFAULT - If you do not cure the default u~th±n THIRTY (30) DAYS of the date of th~s Notice, the lender intends to exerc£se its rights to accelerate the mortgage debt, This means that the entire outstanding balance of th£a debt ~lZ be considered due ±mmed~ately and you may lose the chance to pay the mertg~g~in mon~h!y ims~~ If~ull_~ of_~J~e tot~] amount past due is not made uithin THIRTY (30) DAYS, the lender also intends to ±nstruct its attorneys to start legal action to foreclose upon your PF~ I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P173 012 JG2 Part 3 Pennsylvan±a NOI mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property Nill be sold by the Sher±ff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the del£nquency before the lender bt±rigs legal proceed±rigs aga±nst you, you ~ill st±ll be requ±red to pay the reasonable attorney's fees that Nere actually ±ncurred, up to $50.00. HoNever, £f legal proceed±ngs are started aga£nst you, you N±ll have to pay all reasonable attorney's fees actualiy ±ncurred by the lender even ±f they exceed $50.00. Any attorney's fees ~±ll be added to the amount you one the lender, Nh±ch may also include other reasonable costs. If you cure the default N±thin the THIRTY (30) DAY period, you -~-~l~3~tJ3e~-equ±r~d_to pay ~ttorney~s~ees._ P F: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P173 012 JG2 Part 3 Pennsylvania NOI OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PR[OR TO SHERIFF'S SALE - If you have not cured the default N£thin the THIRTY (30) DAY period and foreclosure proceedings have begun, you st±ll have the right to cure the default and prevent the sale at any time up to one hour before the Sher±ff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected u~th the foreclosure saZe and any other costs connected uith the Sheriff's Sale as specified in Nriting by the PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRZPTZON DATE 01/22/03 0004900296 12/03/02 0P173 012 JG2 Part 3 Pennsylvania NOZ lender and by performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSZBLE SHERIFF'S SALE DATE - ~t ~s estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice, A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default w±ll increase the longer you wait, You may find out at any time exactly what the required payment or action uill be by contacting the lender, DP4-7-3 - _ PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/22/03 0004900296 12/03/02 0P174 021 JG2 Part 4 Pennsylvan±a NOZ Re: Loan No. 0004900296 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporat±on Address: 7515 Irv±ne Center Drive Attn: Tomm£ Tedford Phone Number: 800-326-1500, Ext. 8004 Fax Number: 949-784-6033 PF: 1 SC F LOA~ NO 0004900296 Contact Person: d GLATT EXT 4S004 Office hours: 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 realize that a Sheriff,s Sale end Your OW~o--~-~-~e mortgaged property and your right to o¢ccPY If YOu continue to live in the property after the Sheriff,s Sale, ~ lawsuit to remove you and your furnishings and other belongings could be Started by the lender at any time. ASSUMPTION OF MORTGAGE ~ You may or X may not (CHECK 0~) or transfer ~to a buye-~--~or transfe-~ee who wiil assume the mortgage debt, PrOVided that all the outstanding payments, charges an attorney,s fees and costs are Pa±d prior to or at the sale and th~ t Other requirements of the mortg~Qe ..... a~e s~tis~ed, _ _ YOU MAy ALSo HAVE THE RIGHT TO: PF:1 SC F 2 SC B DATE LETTER VER REQ DESCR[PTION DATE 01/22/03 12/03/02 0P174 021 dG2 Part 4 Pennsylvania NO~ LOAN NO 0004900296' DATE LETTER VER REQ DESCRI'PTION DATE 01/22/03 12/03/~2 0P174 021 JG2 Part 4 Pennsylvan±a NpI * 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, (HOWEVER= 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 OK ANY OTHER LANSU~T iNSTITUTED UND~RTCACE DOCUMENTS, * 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 DESCRIPTION DATE 01/22/03 0004900296 12/03/0~ 0P174 021 JG2 Part 4 Pennsylvania ACTION BY THE LENDER, * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAN, 0P174 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. Mar~ J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2003-00530 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OPTION ONE MORTGAGE CORP VS DEIHL RAY L 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 DEIHL RAY L the DEFENDANT at 151 WEST NORTH STREET CARLISLE, PA 17013 , at 1601:00 HOURS, on the 4th day of February , 2003 ROBERT SPECK a true and attested copy of COMPLAINT - MORT FORE by handing to ADULT IN CHARGE together with and at the same time directing His 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 ?~ day of f~ ~2~.3 A.D. ! ~ Prothonotary So Answers: R. Thomas Kline 02/05/2003 MARK UDREN By: MAR/( j. UDREN & ASSOCIATEs BY= Mark j. Udren, EsqUire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Opt/on One Mortgage Corporation Vo Ray L. Deihl Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAs ' CIVIL DIVISION 'Cumberland County . NO. 03-530 Civil PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with re~ard to the captioned matter. DATED: April 29, 2003 MARK j. UDREN & ASSOCIATES Attorney for Plaintiff NO, 5571 The undersigned, an officer of the Corporat' · . Plaintiff in the foregoinq ComDlai.. ~_ -~on which zs the Corporation ,..~,_~ . -- --~ uz- an officer of t~ ....... -~un ~ the servicing a~ent of Plain-~ - ~'= ~u~nor~ze~ to make this ver~ .... '~' an~ bein~ ~u~u~on on behalf of . · , hereby verifies that th- - · the Plalntlff, = =acts set forth in the foregoing C~laint are taken from records maintained by persons supervised by the ~dersi~ed who maintain the business records of the mortgage held by Plaintiff in the ordina~ course of business and that those facts are t~e and COrrect to the best of the knowledge, info~ation and belief of the undersigned. The undersized understands that this statement is made ~ject to the penalties of 18 Pa, C.~. SeCtion 4904 relatin~ to unsworn falsification to authorities. Date Ray L. Deihl Loan #0004900296 MJU #03010536 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 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Ray L. Deihl 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 Defendant ( s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION - Cumberland County ' MORTGAGE FORECLOSURE : NO. 03-530 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGE~ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the · Defendan~l_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 1/23/03 to 4/29/03 Late charges per Complaint From 1/23/03 to 4/29/03 Escrow payment per Complaint From 1/23/03 to 4/29/03 $60,656.96 1,242.57 76.56 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. MAR~UDREN & ASSOCIATES / ~ //I ~M/ar~ ~ .~ Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDITED . ~ ~ ' PR~J-~OTHY- ~7'~ ~ 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 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS :CIVIL DIVISION - Cumberland County : MORTGAGE FORECLOSURE Ray L. Deihl 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 Defendant (s) : ' NO. 03-530 Civil .- PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From April 30:2003 to Date of Sale September 3: 2003 Per diem @$12.81 (Costs to be added) $~ MARK J. UDREN & ASSOCIATES ~Mar/~J.<ren, ESQUIRE ATTORNEY FOR PLAINTIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-530 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 RAY L. DEIHL, 151 W. NORTH STREET, A/K/A W. NORTH AVENUE, 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 $62,218.04 L.L. $.50 Interest FROM 4/30/03 TO DATE OF SALE 9/3/03 - PER DIEM ~ $12.81 - $1626.87 Atty's Comm % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: MAY 5, 2003 (Seal) Deputy CURTIS R. LONG REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Option One Mortgage Corporation P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Ve Ray L. Deihl 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION -Cumberland County MORTGAGE FORECLOSURE 'NO. 03-530 Civil CERTIFICATE Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the Provisions of Act 91 because it is: ( ) ( ) ( ) (x) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK~J. UDREN & ASSOCIATES ~ar/k~J .~udren, ESQUIRE ATTORNEY FOR PLAINTIFF 03.530 CiVL1 T~ to~t ur th o~$. DI 29, L Pe~'l~l Street Ave~e ' RaY _' ~o~t~ ~o~t~ - C~ ~fe~6a~t~s~ ' -0 g~E 3%g9'% ,on, by its ~ ~,~SU~ '~ ~ above .~aecipe for ~1~~ -- o~ ~ ~rio~ ~h Ave~e ..-~tg~g~ ~_ ESQ'' ._-- O~e m~ ~ ~dre~, _ fLle~ ~1 prOp ~ 1~013 ,~ or re~_= . North Avenue C~~ ~m~e 2. ~a~e ~d mdd~eSS of Addre~ ~'~ent is a recor( ~1 ~oVe _, ~d~e~.credLt°~ __ -~e as ~ _~ e~e~= ~ $o~-_. -~ PA 17013 ~e~ o~ ~" 6 ~me Ge~er~l CO~S~er ~erZC~ Co pzsco~ a~d addreSS of &. record: last reCorded ¥ Address see CaPtZ MARK J. UDREN a 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 Ray L. Deihl 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF ' COURT OF COMMON PLEAS 'CIVIL DIVISION -cumberland county ' MORTGAGE FORECLOSURE : 'NO. 03-530 civil : NOT/~ F ~PP~ TO: Ray L. Deihl 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 Your house (real estate) at 151 W. North Street a/k/a 151 W. North Avenue Carlisle, PA 17013 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 $62,218.04, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. To prevent this Sheriff's Sale, you must take i~e a~ 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: ~ 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorneY.) hi,hesS' If the Sheriff,s Sale is not Stopped, bidder. You may find out the price bid by your property will be 2. You may be able to Calling 856-482-6900. sold to the was grossly inadequate Petition the Court to set aside the sale if the bid price 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 paid to the Sheriff and the Sheriff gives a deed to the buyer, amount due is may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which At that time, the buyer 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 (reasons why the propose . money. The money will be paid °ut in accordance with this scheW~lPeaid f°r y°ur h°use' (10) dayS =, ..... ~ . d distribution . Unless exceptions ~ .... ~ ~c eau ~ ~. is wrong) are filed with the Sheriff within ten n le ~ ~lstribution 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 S~OULD ~AK~ T~ZS pAp~R ~0 YOUR LAWYER A~ ONCe. CARNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFXcE LISTED BELOW TO FInD OUT WHR~E YOU CAN GET LEC~AL NELP. IF YOU DO NOT HAVE A LAWYER OR LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 80O-990-9108 ASSOCIATION DE LICENCIDADos DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Option One Mortgage Corporation VS Ray L. Deihl In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-530 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 J. Udren. Sheriff's Costs: Docketing 30.00 Poundage 78.43 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 3.45 Advertising 15.00 Share of Bills 28.90 Levy 15.00 $192.28 paid by attorney 7/24/03 Sworn and subscribed to before me This ~t ~ day of Prothonotary So Answersx _ _ R. Thomas Kline, Sheriff Real Estate Deputy