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Home My WebLink About03-2444MARK 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 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the : Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County Vo Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant(s) 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 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 AveTR~ 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 si~uientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENEABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of.the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 7816 Wertzville Road MUNICIPALITY/TOWNSHIP/BOROUGH: Middlesex Township COUNTY: Cumberland DATE EXECUTED: 05/03/02 DATE RECORDED: 05/24/02 BOOK: 1759 PAGE: 4175 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 05/07/03: Principal of debt due Unpaid Interest at 7.49% * from 01/01/03 to 05/07/03 (the per diem interest accruing on this debt is $28.04 and that sum should be added each day after 05/07/03) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) Late Charges (monthly late charge of $56.96 should be added in accordance with the terms of the note each month after 05/07/03) 284.80 Property Inspections 15.50 Property Valuation Fee 109.00 Attorneys Fees (anticipated and actual to 5% of principal) 6,758.96 TOTAL $147,592.15 · 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. $135,179.15 3,567.24 250.00 280.00 1,147.50 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 $147,592.15 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. M~dren, Esquire, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL ~e~ certain tract o£ had and ~he Impr~vemen~ ~hereon erected, si~t~o in ~iddlcsex Township, Cumberland Count~. Penn~lv~nla. described in a ecu-roy b~ Roger de,ed July 6, B~:GINNING es · ~pike in t~e center Ene of Penn~Ivani,~ Route number 944, which point ;s at ~e in~e~ion of ~he ,ou~hw~ern core,er ~d now or ~te o~ ~ond D. Wa~n end w~fe ~d the center ~ne or.d Rau~ n~r 9~ aL [~e orl~d now or la~ or M~n ~, ~iney end ~e; ~enee b~ l~e orl~d now er ~te or.d ~n~, No~ 0~ a~ee 60 m~utea W~, 2~.00 ~ee~ ~ an kan pin on llne o~ ~ now or la~e o~ ~e~e~ ](utz; Ll~ence b~ Lhe la,er J~d, ~orth 7g de~ees ~ ~nut~ ~L ~0~0 ~t to a point; then~ b~ land now or ~te o~ ~nona D. We~on and wi~e, ~outh 0~ d~e ~0 ~on~ ~L 3~.~ ~L more or le~, ~ ~ ~ in the ccnter ~ne er ~d ~ute number g44: tltence by Ute ~d eent~ ~e ~orth ~ d~eea 0~ ~ute Wear, g0~.88 [eet~ more or I~ to the plR~ or ~.VT~G ~.hereon erect, ed an alan~num raz~ch-t-.ype dwelling w~.h two-car integral ~era~c. OCWEN' April 02, 2003 *0002141966* Donald L. Smith Sr 7816 Wertzville Road Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (I-IEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can hel ou ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet with the eounselin a nc . The name address and hone number of Consumer Credit Counselin A encies sen, in our eoun are listed at the end'of this Notice. If ou have an uestious ou ma call the Penns lvania Housin Finance A eno toll free at 1-800-342-2397 ersons with im aired hearin can call 717-780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling &gency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificacion en adjnnto es de smna importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo pot el programa llamado "Homeowners' Emergency Mortgage Assistarace Program" al eual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): Donald L. Smith Sr PROPERTY ADDRESS: 7816 Wertzville Road Carlisle, PA 17013-0000 LOAN ACCOUNT 31465156 CURRENT SERVICER Ocwen Federal Bank FSB ..You may be eligible for financial assistance which can save your home from foreclosure and help you make future moa-tgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "h, ct"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, you have a reasonable prospect ~ f being able to pay your mortgage payments an,d~,g&g~eet other eligibility requirements established by the Penns~-~ania Homing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclos~e on your mortgage for thirty (30) days fi:om the date oft/tis Notice. During that time you must arrange and attend a "face-to-face" ~aeeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meetin must occur within the ~_~xt thirt~ 30 da . IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFA[LYLT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ~...XHJIBIT ~ Page two 31465156 CONSUMER CREDIT COUNSELING AGENCIES. If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender.may NOT take further action against you for thirty (30) days after the date of this meeting. The. ames addresses and tele hone numbers of des~ ted cons. er counselin a encies for the coun in which our roe is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender ~ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criter/a established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional 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 Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have ~ed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT fin it u to date. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 7816 Wertzville Road Carlisle, PA 1~013-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 02/01/2003: (b) Late charge(s): $2,847.93 (c) Other charge(s): NSF & Advances $227.84 (d) Less: Credit Balance $1,157.44 (e) Total amount required as of 04/01/2003: $.00 $4,233.21 YOU HAVE FA/LED TO TAKE THE FOLLOWING ACTION (if applicable): H~OW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this~ PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $4,233.21, PLUS ANY MORTGAGE PAYMENTS ~ATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified cheek, or money order made payable to Ocwen Federal Bank FSB at PO BOX 514577, LOS ANGELES, CA 90051-4577. Page three 31465156 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within TH/RTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mort~,a~e debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Ocwen Federal Bank FSB also intends to instruct their attorneys to start a legal action tO .foreclose upon your mortgaged property. .IF TH~ MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY 30 DAY erie ou will not be re uired to a attome s' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. ..RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI.E- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs eormeeted with the foreclosure sale and any 6ther costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. ..EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Ocwen Federal Bank FSB Address: 12650 Ingenuity Drive, Orlando, FL 32826 Telephone Number: (800) 746-2936 E~FFECT OF SHERIFF'S SA I.I:.- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to Live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money t'o pay offthe mortgage debt, or borrower 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. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence ora default in any foreclosure proceeding or any other lawsuit instituted under the ~ortgage documents. To assert any other defense you believe you may have to ~uch action by the lender. To seek protection under the federal bankruptcy law. Page four 31465156 Ocwen Federal Bank FSB is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us ~ atthe below address within thethirty day period · that the debt, or any portion' thereof, is disputed, we will: ' 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Ocwen Federal Bank FSB Ocwen Federal Bank FSB, P.O. Box 24737, West Palm Beach, FL 33416 Phone (800) 746-2936 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 tak~ this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren, Esquire, ESQUIRE MARK J. UDREN & ASSOCIATES SHERIFF ' S CASE NO: 2003-02444 P COMMONWEALTH OF PENNSYLV~2qIA: COUNTY OF CUMBERL~/qD WELLS F~LRGO BANK MINNESOTA NA VS SMITH DONALD L SR RETURN - REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SMITH DONALD L SR DEFENDANT , at 1458:00 HOURS, on the 29th day of May at JOHN GLEIM EXCAVATING CARLISLE, PA 17013 DONALD L SMITH SR Sheriff or Deputy Sheriff of who being duly sworn according to 625 HAMILTON STREET by handing to a true and attested copy of COMPLAINT - MORT FORE the together with , 2003 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 ~- ~2~7~3 A.D. Prothonotary So Answers: R. Thomas Kline 05/30/2003 MARK UDREN By: F~RK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant(s) ATTOR/~EY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-2444 Civil ~G G~S~IDN_O F~ EA~K R~UP~T C y To the Prothonotary: Kindly note on the record that the above Defendant, Donald L. Smith, Sr. has filed Chapter 7 Bankruptcy in the Middle District of Pennsylvania on June 10, 2003, Bankruptcy Case No. 03-03419. Mark'J] ~dr~n, quire, Es--quire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff F~%RK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 Plaintiff Donald L. Vo Smith, Sr. Defendant(s) ATTOP~NEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION :Cumberland County NO. 03-2444 Civil PRAECIPE TO SUBSTITUTE ~-ERIFICATION 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: October 10, 2003 MARK J. UDREN & ASSOCIATES BY: ~ /~/~ Mark~. ~e%~ E~iuire ney ~orYPlai~ff enclosures VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiffin 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~orities. Date:06/05/03 / .. ~ J_ / [ _N~ry Rotundo ~ l'~tle: Vice Presiden, t, Residential Loss ompany: Ocwen ],ederal Bank Mitigation Donald L. Smith, Sr. Loan #31465156 MJU #03050151 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Donald L. Smith, Sr CHAPTER 7 CASE NO. 02t-03419 MDF 1 t U.S.C. SEC. 362 Wells Fargo Bank Minnesota, National Association, as trustee for the Holders of the Structured Asset Securities Corporation 'Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 Movant VS. Donald L. Smith, Sr Debtor(s) and Markian R. Slobodian, Esquire Trustee RESPONDENTS ORDER MODIFYING SECTION 362 AUTOMATIC STAY AND NOW, this tq ,20 a Motion of Movant above, it is ,upon ORDERED AND DECREED THAT: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1979, as amended (The Code), 11 U.S.C. 362, ~s modified with respect to premises: .~ 7816 Wertzville Road Carlisle, PA 17013 as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is FURTHER ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code /S/MARY D. FRANCE Bmflcruptcy Judge CC: Heidi R. Spivak, Esquire Marisa Joy Myers, Esquire MARK J. UDREN & ASSOCIATES 1040 North Kings Highway, Suite 500 Cherry Hill, New Jersey 08034 Markian R. Slobodian, Trustee 801 North 2nd Street Harrisburg, PA 17102 Marlin L. Markley, Esq. Law Office of Patrick F. Lauer Jr. 21'08 Market Street Camp Hill, PA 17011 Donald L. Smith, Sr P.O. Box 224 Loysville, PA 17047 -MARK j. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION · Cumberland County i MORTGAGE FORECLOSLrRE :NO. 03-2444 Civil Defendant (s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER~M~D~S~~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 5/8/03 to 10/10/03 Late charges per Complaint From 5/8/03 to 10/10/03 $147,592.15 4,374.25 284.80 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MARK J. UDREN & ASSOCIATES Mark ~d~~ire 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 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Donald L. Smith, Sr. Defendant(s) NO. 03-2444 Civil TO: Donald L. Smith, Sr. 625 Hamilton Street Carlisle, PA 17013 DATE of Notice: September 29, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUS~ YOU ~AV~ ~'AILED TO ENTER A WRITTEN APPEARAI~CE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERP~AL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ES'£ADO Dw. REBELDIA FOR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTB 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTHA ESCRITA ABAJO PAPUA 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 DEE~D TO BE A DEBT COLLECTOR ~ T~IS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED W~LL BE USED FOR THAT PuRPosE. / /s/ Mark J. Udren,% q~uire 1040_. North .K_i_ngs Highway, Suite 500 ~ J. UDP~N & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, EL 32826 Plaintiff Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2444 Civil AFFIDAVIT OF NON-MILITARY SERVICE STATE OF FLORIDA COUNTY OF PALM BEACH : SS THE UNDERSIGNED being duly sworn, deposes and says that the avern~ents herein are based upon investigations made and records maintained by us either as Plaintiffor as servicing agent of the Plaintiffherein 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: Donald L. Smith, Sr, Age: Over 18 Residence: As captioned above Employment: Unknown / (~ ! [ Name:"l~tffFg .ry Rotundo 1k Title: Vice President,~l Loss Mitigation Sworn to and su~ac~bed ~- Comp~deral Bank before me t~l/sr 05 d~y MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Vo Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2444 Civil Defendant(s) PRA~CIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From lDO3' to Date of Sale March 3, Per diem @$28.04 (Costs to be added) 2004 152,251.20 MARK J. UDREN & ASSOCIATES Mark~~ ATTORNEY FOR PLAINTIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2444 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE STRUCTURED ASSET SECURITIES CORPORATION AMORTIZING RESIDENTIAL COLLATERAL TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-BC5 12650 INGENUITY DRIVE, ORLANDO, FL 32826 Plaintiff (s) From DONALD L SMITH, SR. (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 pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n 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. AmountDue $152,251.20 L.L. $.50 Interest FROM 10/11/03 TO DATE OF SALE 3/3/04 PER DIEM ~$28.04 - $4,037.76 Atty's Corem % Due Prothy $1.00 Atty Paid $113.45 Other Costs PlaintiffPaid Date: OCTOBER 22, 2003 CURTIS R. LONG Prothonot~ (Seal) '~...,qy: M~// 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 Com-t ID No. 04302 Deputy MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing - Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff v. Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 . Defendant (s) ATTORi~EY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2444 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: Sec. ) ) ) (x) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. MARK~~N~AS SOC IATES MA~K J. UDP. EN & ASSOCIATES BY: Mamk J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the : Structured Asset Securities Corporation Amortizing - Residential Collateral Trust Mortgage Pass-Through : Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Vo Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2444 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5, Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, 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: 7816 Wertzville Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Donald L. Smith, Sr. 625 Hamilton Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address As 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. ,~amJ and address record: Name Plaintiff herein. Citifinancial, Inc. of the last recorded holder of every Address See Caption above. 1 Valley Street, Suite 103 Carisle, PA 17013 mortgage of 5. Name and address of every other person who has any record lien on the property: Name Address 4. ,Name and address record: Name Plaintiff herein. Citifinancial, Inc. of the last recorded holder of every mortgage of Address See Caption above. 1 Valley Street, Suite 103 Carisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address Brenda Lee Wagner 5272 Deerfield Avenue Mechanicsburg, PA 17055 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. Hanover 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 7816 Wertzville Road 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 statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: October 10, 2003 MA~ J. UDREN & ASSOCIATES 'BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, : National Association, as ~ Trustee for the Holders of the : Structured Asset Securities Corporation Amortizing ~ Residential Collateral Trust : Mortgage Pass-Through : Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant(s) ATTOR!~EY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2444 Civil ' ALR OF ~RAL PROPERTY TO: Donald L. Smith, Sr. 625 Hamilton Street Carlisle, PA 17013 Your house (real estate) at 7816 Wertzville Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 3, 2004 at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $ 152,251.20 , obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. klOiLMAY RE ARLE TO PREVENT THIS~~ 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: ~fu~61~900. 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. more chance you will have of stopping the sale. to obtain an attorney.) The sooner you contact one, the (See notice on page two on how ~0U ~Y STILL E~~U~PRQP~T~ ~VE OTHR~ RI~S EVeN IF THE SKEPJ3F~SALF~DD~S_TAKEPLAC2~ 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 LAWYHR AT ONCE. IF YOU DO NOT HAVE A LAW~ER OR CANNOT APFOP~ ONE, ~O TO OR TELEPHONE THE OFFICE LISTED EHLOW TO FIND OUT WHEP~ YOU CAN GET LE~ HELP. LAWYER P~EFEP~%L SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249~3166 800-990-9108 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCP~EST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff ATTOP~NEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County Vo Donald L. Smith, Sr. 7816 Wertzville Road i NO. Carlisle, PA 17013 ~ Defendant(s) 03-2444 Civil AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded · lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". ~ ' All Notices were served within the time l~ts s~_ lorth by Pa Rule C.P. 3129. in/~ S~ This Affidavit is made subject to the p~.$1~es ~f Iq pa.c.s. 4904 relating t° unsw°rn falsificati°n t° authorities1 ~ / Dated: January 28, 2004 ~/ ~R~N LAW~OP-I~ICES, Udren, BY: Mark J. Esquire, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Vo Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant (s) ATTOP. NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE 03-2444 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5, Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, 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: 7816 Wertzville Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Donald L. Smith, Sr. 625 Hamilton Street Carlisle, PA 17013 7816 Wertzville Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address AS 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 record: Name Plaintiff herein. Citifinancial, Inc. of the last recorded holder Of every mortgage of Address See Caption above. 1 Valley Street, Suite 103 Carisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address Brenda Lee Wagner 5272 Deerfield Avenue Mechanicsburg, PA 17055 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. Hanover St., Carlisle, PA 17013 Commonwealth of PA Bureau of Compliance, Dept. 280946 Department of Revenue Marrisburg, PA 17128-0946 7. Name land 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 7816 Wertzville Road Carlisle, PA 17013 I verify that the statements made i /,khis af~avit are true and correct to the best of my personal kno~l~d9~ o~ fin~rmation and belief. I understand that false statements h~ein\ar~ mad~ subject to the penalties of 18 Pa.C.S. sec. 4904 relating t~, fals~ficatiOnuDR~TEstO~. DATED: January 28, 2004 Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY.' Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Donald L. Smith, Sr. 7816 Wertzville Road Carlisle, PA 17013 Defendant (S) ATTOP. NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-2444 Civil DATE: January 28, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OWNER(S): Donald L. Smith, Sr. PROPERTY: 7816 Wertzville Road Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the .C~d County Sheriff's Sale on Marclk3~004, at 10:00 a.m., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ~XHIBITA ~XHIBIT A Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders Of the Structured Asset Securities Corp. Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 VS Donald L. Smith, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2444 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on November 21, 2003 at 4:13 o'clock PM, she served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit'. Donald L. Smith, Sr., by making known unto Donald Smith, Sr., personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 8:50 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 Drn~ld i~. Smith, Sr. located at 7816 Wertzville Road, Carlisle, Pennsylvania, according to law. R. ThOmas Kline, Sheriff, who being duly sw0m according tO law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Donald L. Smith, Sr., by regular mail to his last known address of P.O. Box 224, Loysville, PA 17047. This letter was mailed under the date of January 12, 2004 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of 2004, A.D. Prothonotary So Answers; EXHIEliT El 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 Minnesota N A Tr is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 2~2 day of Oct, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2444, at the suit of Wells Fargo Bank Minnesota N A TR against Donald L Smith Sr is duly recorded in Sheriff's Deed Book No. 262, Page 7~2. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /t9 day of ~ ,A.D2004` (~ ~~ /~ ~i~ re Wells Fargo Bank Minnesota, National Association, as Trustee for the Holders Of the Structured Asset Securities Corp. Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC5 VS Donald L. Smith, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2444 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on November 21, 2003 at 4:13 o'clock PM, she 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: Donald L. Smith, Sr., by making known unto Donald Smith, Sr., personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 8:50 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 Donald L. Smith, Sr. located at 7816 Wertzville Road, 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 Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Donald L. Smith, Sr., by regular mail to his last known address of P.O. Box 224, Loysville, PA 17047. This letter was mailed under the date of January 12, 2004 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 March 3, 2004 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 the holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC4. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, National Association, as Trustee for the holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through Certificates, Series 2002-BC4 of 12650 Ingenuity Drive, Orlando, FL 32826, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $819.26, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 16.06 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Levy 15.00 Surcharge 20.00 Law Journal 284.00 Patriot News 280.60 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 819.26 Sworn and subscribed to before me This /~ Q day of ~ tPrbthonotary R. Thomas Kline, Sheriff Real Estat~tDeputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 ous Book , Volume 14, Page 317. PUS.,c^ ,o. ........................................................................... C O P V Sworn to and su~scribe~ b~f~e~is 23rd day'of Feb-~a~2004 A.D. REA~. ESTATE SAL,E NO. 18 ~' NotarialSeat \ ////-/{'~ / ' ' } My Co~Ssion Expires June b/~J~ I NOT-'ARY PUBLIC Meflnt3er, penns~i8 A~3cial~3nOfNO~y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 280.60 Publisher's Receipt for Advertising Cost [l~a~[i~of~;.~4~ti~of a., publisher of The Patriot-News and Tho Sunday Patriot-News, newspapers of general ~ff-~~ Ige receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~~,~ By .................................................................... ~ ~':~ ~'~ 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 swom, 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: JANUARY 16, 23, 30, 2004 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. RRAL ESTATE SALE NO. 18 Writ No. 2003-2444 Civil Wells Fargo BaIlk Minnesota, National Association. as Trustee for the Holders of the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass Through Certificates. Series 2002-BC5. VS. Donald L. Smith. Sr. Atty.: Mark Udren ALL that certain tract of Land and the improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania, described in a survey by Roger St. Gernmln and Associates dated July 6, 1961, as follows: BEGINNING at a spike in the center line of Pennsylvania Route number 944, which point is at the intersection of the southwestern corner land now or late of Raymond D. Watson a~d wife and the center line of said Route number 944 at line of land now or late of Marvin e Coyne, E~tor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 NO~EAL ~/~ LOIS E, SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2005 Atty.: Mark Udren ALL that certain tract of land and situate in Middlesex Township. Cumberland County, Pennsylvania. described in a survey by Roger St. Germain and Associates dated July 6, 1961, as follows: BEGINNING at a s, pike in the center line of Pennsylvania Route number 944, which point is at the corner land now or late of Raymond D. Watson and wife and the center line of said Route number 944 at line of land now or late of Marvin M. Rainey and wilk; thence by line of land now or late of said Ralney, North 01 degree 59 minutes West, 208.00 feet to m~ iron pin on line of land now or late of Kenneth Kutz; thence by lhe later land, North 79 degrees 55 minutes East, 202.10 feet to a point; thence by land now or late of Raymond D~ Watson and wife, South 01 degree 50 seconds East, 353.64 feet, more or less. to a nail in the center line of said Route number 944: thence by the said center line North 76 degrees 01 minute West, 207.88 feet, more or less, to the place of BEGINNING. HAVING thereon erected an aluminum ranch4ype dwelling with two car lntegrffl garage. BEING KNOWN AS: 7816 WERTZVILLE ROAD, CARLISLE. PA 17013. PROPERTY ID NO.: 21 13-9971 003. TITLE TO SAID PREMISES IS VESTED IN Donald L. Smith. Sr. by Deed from Ro~ald M. Sivak and Carole L. Sivak, husband and Wife dated 11/4/196 recorded 11/6/ 1996 Book 148 Page 777. N O~L3~ EAL ff LOIS E, SNYDER, Notary Public Ca~lisle Boro, Cumberland County My Commission Expires M~rch 5, 2005