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HomeMy WebLinkAbout03-3717COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW OLENA W. STERCHO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenldntown, PA 19046 (215) 572-8111 I.D. #33591 DEUTSCHE BANK NATIONAL TRUST Company, as trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass- Through Certificates, Series 2002-NC6, by its attorney in fact, Ocwen Federal Bank FSB 1665 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. NO. O3-2ql7 RENEE BEIHN 25 E. Virgil Street Apopka, FL 32712 and SAMUEL P. BEIHN 4510 Henry Street Apopka, FL 32712 CIVIL ACTION- MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. J:\Danielle\Complaints\Cumberland\Beilm 07-21-03.wpd 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A 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. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\Danielle\Complaints\Cumberland\Beilm 07-21-03.wpd NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J :\Darfielle\Complaints\Cumberland\Beihn 07-21-03.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW OLENA W. STERCHO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #33591 DEUTSCHE BANK NATIONAL TRUST Company, as trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass- Through Certificates, Series 2002-NC6, by its attorney in fact, Ocwen Federal Bank FSB 1665 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. RENEE BEIHN and RENEE BEIHN 25 E. Virgil Street Apopka, FL 32712 and SAMUEL P. BEIHN 45 I0 Henry Street Apopka, FL 32712 NO. Oa- 3-/I"/ ~ ~l'~x,-,_ CIVIL ACTION- MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass-Through Certificates, Series 2002-NC6, Mortgage Pass-Through Certificates, Series 2002-NC6, by its attorney in fact, Ocwen Federal Bank FSB, a federal savings bank with offices located at 1665 Palm Beach Lakes Blvd., West Palm Beach, FL 33401. 2. Defendants are Renee Beihn and Samuel P. Beihn, adult individuals with a last-known addresses of 25 E. Virgil Street, Apopka, FL 32712 and 4510 Henry Street, Apopka, FL 32712 respectively. J: \Danielle\Complaints\Cumberland\Beihn 07-21-03.wpd 3. Under date of August 9, 2002, defendants executed and delivered to New Century Mortgage Company a mortgage upon premises 1048 Harrisburg Pike, Carlisle, PA 17013 to secure the payment of the sum of $96,000.00. The said mortgage is recorded in the Department of Records in and for the County of Cumberland in Mortgage Book No. 1768, page 2300, recorded August 15, 2002 and is incorporated herein by reference. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". 5. The note and mortgage have been duly assigned to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass- Through Certificates, Series 2002-NC6, Mortgage Pass-Through Certificates, Series 2002-NC6, and the assignment is in the process of being recorded. 6. Ocwen Federal Bank FSB is the duly authorized servicing agent for Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass-Through Certificates, Series 2002-NC6, Mortgage Pass-Through Certificates, Sereis 2002-NC6. 7. The defendants are the real owners of premises 1048 Harrisburg Pike, Carlisle, PA 17013. 8. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act 6 of 1974, and Act 91 aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 9. The said loan is in default as a result of the failure to pay the monthly installments of $835.39 due on February I, 2003 and on the 1st day of each month thereafter. 10. The following is due on the loan: PRINCIPAL BALANCE $95,824.28 INTEREST (accrued thru 07/17/03 of $5,184.38. 5,184.38 Interest after 07/17/03 shall accrue at the per diem rate of $26.28.) LATE CHARGES (accrued thru 07/03 of $125.31. 125.31 Late charges after 07/03 shall accrue at the monthly rate of $41.77.) FEES BILLED 139.97 \\Server\office docum\Danielle\Complaints\Cumberland\Beihn 07-214)3.wpd COSTS 300.00 ATTORNEY'SFEE 4,800.00 TOTAL $106,373.94 WHEREFORE, Plaintiff, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass-Through Certificates, Series 2002- NC6, Mortgage Pass-Through Certificates, Series 2002-NC6, by its attorney in fact, Ocwen Federal Bax~k FSB requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $95,824.28, plus interest thereon of $5,184.38 plus $26.28 per day from July 17, 2003 until judgment is paid in full, late charges of $125.31, plus late charges of $41.77 per month from July, 2003 until judgment is paid in full, fees billed of $139.97, costs of $300.00, attorney's fees of $4,800.00, plus record costs. STERN AND STERCHO OLENA W. STERCHO, Attorney for Plaintiff J:\Dan~elle\Complaints\Cumberland\Beilm 07-214)3.wpd VERIFICATION MICHAEL MORELAND is the Director of REO of Ocwen Federal Bank FSB and is authorized to sign this Verification on behalf of same, and states that he verifies the foregoing Civil Action- Mortgage Foreclosure against Ronco Beihn and Sanalel P. Beihn and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unswom falsification to authorities, and that same are true upon the signer's personal knowledge or information~O~REL~AN~D ~and belief. '~/)~ Director of REO DATE: July 18, 2003 All that certain tract of land situate in North Middleton Township, Cumberland County and State of Pennsylvania, bounded and described as follows; Beginning at a point on the northern line of US PA Route #11, which point is on the dividing line between land now or late of Clyde E. Brenner and land herein conveyed; thence along land now or late of Clyde Brenner North thirty six (36) degrees twenty three (23) minutes west one hundred ninety nine and two tenths (199.02) feet to a point; thence along lands now or late of said Brenner North sixteen (16) degrees twenty one (21) minutes West, eight-tenths (.08) of a foot to a point common to land herein conveyed, land of now or late of said Brenner and land now or formerly of Leola M. Klepper; thence along said land North fifty-six (56) degrees three (03) minutes east ninety seven (97) feet to a point common to land herein conveyed, said land formerly of Klepper and other land now or late of Clyde E. Brenner; thence along said land now or late of Brenner, South twenty five (25) degrees thirty nine (39) minutes east two hundred (200) feet to a point on the northern line of said Route #11; thence along said Route #11, South fifty four (54) degrees nine (9) minutes west sixty (60) feet to the place of beginning. Having thereon erected a brick dwelling house. Said tract of Iand is further designated as Parcel No. 3 of a draft of a survey. Being Parcel ID#29.07.0467.002A Being the same premises which Walter D. Sunday and Gwendolyn D. Sunday, husband and wife, by Deed dated Augustl2, 2002, and recorded August 15, 2002, in Book 253, Page 773, granted and conveyed unto Renee Beihn and Samuel P. Beihn, husband and wife, in fee. STERN & STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 Date: May 15,2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help y6u find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITANIENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES gER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Renee Beihn and Samuel P. Beihn PROPERTY ADDRESS: 1048 Harrisburg Pike, Carlisle, PA 17013 LOAN ACCT. NO.: 101339448 ORIGINAL LENDER: New Century Mortgage Corporation CURRENT LENDER/SERVICE: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I inc. Trust 2002-NC6, Mortgage Pass-Through Certificates, Series 2002-NC6, by its attorney in fact, Ocwen Federal Bank FSB THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT Iq[AS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FIN3dN CE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desianated consmner credit connseline aaencies for the county in which the proeertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOU APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1048 Harrisburg Pike, Carlisle, PA 17013 IS SERIOUSLY 1N DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments of $835.39 for the months of February 1, 2003 through and including May 1, 2003, for a total of $3,341.56 Other charges (explain/itemize): Late charges of $125.31, and fees billed of $129.47 for a total of $254.78 TOTAL AMOUNT PAST DUE: $3,596.34 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,596.34, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen Federal Bank FSB c/o Olena W. Stercho, Esquire 410 The Pavilion Jenkintown, PA 19046 215-572-8111 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incnrred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- 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 Sheriffs 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 with the foreclosure sale and any other costs connected with the Sheriffs 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 a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs 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: 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Phone Number: 1-877-836-5626 Contact Person: Rafael Martinez EFFECT OF SHERIFF'S SALE -~ You should realize that a Sheriff's S ale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SherifPs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You __ may or X 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 attorney's 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 TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING ENSTITUTION 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 ~ NO DEFAULT HAD OCCURRED, lY YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CUR~ YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached) Sincerely, STERN & STERCHO BY: ~) ~ (.,~, /'~-x-4~ OLENA W. STERCHO VIA CERTIFIED MAIL, RETURNRECEIPTREQUESTED AND REGULARMAIL #7002 3150 0000 6894 0272and 7002 3150 0000 6894 0289 7002 3150 0000 6894 0296and 7002 3150 0000 3894 0302 CONSUMER CREDIT COUNSELING AGENCIES FOR CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762~3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Cormnunity Action Corem of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Houshtg Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW OLENA W. STERCHO, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #33591 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass- Through Certificates, Series 2002-NC6, by its attorney in fact, OCWEN FEDERAL BANK FSB VS. RENEE BE/HN and SAMUEL p. BEIHN :No. 03 3717 Civil Term AFFIDAVIT OF SERVICE I, OLENA W. STERCHO, ESQ., attorney for the within Plaintiff, being according to law, depose and say that the Civil Action Mortgage Foreclosure Complaint to the Defendants by certified mail, return receipt requested on August 12, 2003, as ev copy of Certified Mail Receipts attached. STERN AND STERCHO [qly Swom mailed c~enced by / NOTAR .~L SEAL DIANE J. TURANO, Notary J~k~to~,.l~or_o., Mor~t._gomery Y u~mlss~ ~x~res Octet Sworn to ~d subscribed before me this 13th Day of August, 2003 Not~' J:~nne Mafie~ffidavi~ °f S~Jce~OCWEN.BEI~.Renee. CUMBE~ND.8.03.~d OLENA W. STERCHO Attorney for Plaintiff c= Renee Beihn COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass- Through Certificates, Series 2002-NC6, by its attorney in fact, OCWEN FEDERAL BANK FSB VS. :No. 03 3717 Civil Term RENEE BEIHN and SAMUEL P. BEIHN AFFIDAVIT OF SERVICE I, RICHAD F. STERN, ESQ., attorney for the within Plaintiff, being duly sworn according to law, depose and say that the Civil Action Mortgage Foreclosure Complaint was mailed to the Defendants by certified mail, return receipt requested on August 12, 2003 and signed by defendants on August 18, 2003 as evidenced by copies of signed green cards attached. STERN AND STERCHO RIe :I D F. STERN Attorney for Plaintiff Sworn to and subscribed before me this 30TM Day of January, 2004 Notary Publi~ NOTAFII^L SEAl. . ~ELEN CAPASSO, ~ot~ty J:\Anne Marie~Affidavits of Serviee\Cumberland\OCWEN,BEIHN.Renee. CUMBERLAND.8.03.wpd · Comolete items 1 2 and 3. Also complete tern 4 if Restricted Detive~ ~s aeslrea. · ~rin~ your name aaa aaoress on me reverse so that we can return rna cara m you. · Attach this card to me DaCM of the ma piece. or on the front if space oermns. Sam~l P. Beinn 451~tHenry Street Apo~,ka, FL 32712 A. Signature S. ReceiveR by (printed Name) C. Date of Deliveq D. Is d~ive~dmss d~e~nt f~ item 1 ? ~ Yes If YES, enter dehvery aaaress De,ow: [] No 3. ice Type ~e~ti~sd Mail [] Express Mai [] R~gistered [] Return Rec~pt for Merchandis~ [~ In~ured Mail [] C.O.D. 4. ~estricted Delivery? (Extra Fee) [] Yes 2. Ar[/cie Number 'Transfer from service label) PS Form 3811. August 2001 7002 3150 0000 6901 1766 Domestic Return Receipt · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery ~s aeslrea. · Pdnt your name anc address on the reverse so that we can return the card to you. · Attach this card to the back of the maiID{ece. or on the front if soace 3ermlts. 1. Article Adclresseo to: Renee Beihn 25 E. Virgil Stree~ ApopKa, FL 32712 A Signature '¢.~N~-..~..~ ...~Agent [] Addressee ted Name) C, Date of Delivery D, isdelive~yaddmssdiffemntfromiternl? "~Yes 3. Service Type ~ Cert~ed Mai [] Express Mall [] Regismreo Fl Return Receipt for Merchandise [] Insured Mai [] C.O.D 2. Article Number .~rransfer from service label/ PS Form 3~1 ~, A~gust 2,(~1 7002 3150 0000 6901 1759 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. RENEE BEIHN AND SAMUEL P. BEIHN NO. 03-3717 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against defendant RENEE BEIHN AND SAMUEL P. BEII-IN for failure of said defendants to file a responsive pleading to the Complaint within twenty (20) days after service thereof. Please assess damages as follows: BALANCE DUE $ 95,824.28 INTEREST (accrued thru 2/10/04 of $10,282.70. 10,282.70 Interest after 2/10/04 shall accrue at the per diem rate of $26.28.) LATE CHARGES (accrued thru 2/04 of $375.93. 375.93 Late charges after 2/04 shall accrue at the monthly rate of $41.77.) FEES BILLED COSTS ATTORNEY'S FEE TOTAL 139.97 300.00 4,800.00 $111,722.88 STERN AND STERCHO BY:~ RICHARD F. STERN, Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS, : NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY : RICHARD F. STERN, being duly sworn according to law, deposes and says, to the best of her knowledge, information and belief, defendant's: 1. Last-known address is: Renee Beihn, 25 E. Virgil Street, Apopka, FL 32712 Samuel P. Beihn, 4510 Hemy Street, Apopka, FL 32712 Sworn to and subscribed before me this 10th day of February, 2004. 2. Is over the age of twenty-one. 3. Is not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN AND STERCHO Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Oewen Federal Bank FSB VS. RENEE BEIHN AND SAMUEL P. BEIHN : NO. 03-3717 CIVIL CERTIFICATION UNDER RULE 237.1 I, the undersigned, attomey on the writ and attorney for plaintiff, hereby certify that a ten day notice of intention to enter judgment by default was sent to defendant in accordance with Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto. STERN AND STERCHO Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6, Mortgage Pass- : Through Certificates, Series 2002-NC6. by its anorney in fact. Ocwen Federal Bank FSB VS. NO. 03-3717 CIVIL TERM RENEE BEIHN and SAMUEL P. BEIHN To: Renee Beilm 25 E. Virgil Street Apopka, FL 32712 Samuel P. Beihn 4510 Hem'y Street Apopka. FL 32712 Date of Notice: January 30, 2004 12VlPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHINTEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A IREARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WI-IERE YOU CAN GET LEGAL HELP:] YOU SHOULD TAIKE 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. COURT ADMINISTRATOR 4TH FL, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND STERCHO Attorney for Plaintiff 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I,D. #03315 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 Thc Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2002-NC6 Mortgage Pass° Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. RENEE BEIHN AND SAMUEL P. BElHN : NO. 03-3717 CIVIL CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to defendant and no timely response was made. STERN AND STERCHO s RN' Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 4 l 0 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : COMPANY, as Trustee for Morgan Stanley ABS Capital t Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Oewen Federal Bank FSB : VS. RENEE BEIHN AND SAMUEL P. BE1HN NO. 03-3717 CIVIL CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust c/o Ocwen Federal Bank FSB 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Renee Beihn 25 E. Virgil Street Apopka, FL 32712 Samuel P. Beilm 4510 Henry Street Apopka, FL 32712 STERN AND STERCHO BY: ~ RICHARD F. STERN, Attorney for Plaintiff Form PBC - 9 PRAECIPE FOR WRIT OF EXECUTION--(MORTGAGE FORECLOSURE) P.R,C,P. 3180-3183 Deutsche Bank National Trust Company~ Capital I Inc. Trust 2002-NC6 Mortage .~ass~Th~ough.Ce~i~icaB~s.~a~Lem... 2002-NC6 by its attorney in fact Ocwen Federal B~k FSB Samuel P. Beihn IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA No. 03-3717 Civil .Term 19 .E.D. No ......................... Term 19 ..... J.D. No..: ...................... Term 19 .... A.D. FRAECIPE FOR WRIT OF EXECUTION (HORTGAGE FORECLOSURE) To the Prothonotary: Issue writ of execution in the above matter: Amount Due int~t ~om 2/10/04 until $ ....... ~.~ ..... 9/8/04 at the per diem rate of $26.28 Tot~ $ ............................... Plus Costs Note: Please furnish four (4) Copies description of Property. All that certain tract of land situate in North Middleton Township, Cumberland County and State of Pennsylvania, bounded and described as follows; Beginning at a point on the northern line of US PA Route #I 1, which point is on the dividing line between land now or late.of Clyde E. Brenner and land herein conveyed; thence along land now or late of Clyde Brenner North thirty six (36) degrees twenty three (23) minutes west one hundred ninety nine and two tenths (199.02) feet to a point; thence along lands now or late of said Brenner North sixteen (16) degrees twenty one (21) minutes West, eight-tenths (.08) of a foot to a point common to land herein conveyed, land of now or late of said Brenner and land now or formerly of Leola M. Klepper; thence along said land North fifty-six (56) degrees three (03) minutes east ninety seven (97) feet to a point common to land herein conveyed, said land formerly of Klepper and other land now or late of Clyde E. Brenner; thence along said land now or late of Brenner, South twenty five (25) degrees thirty nine (39) minutes east two hundred (200) feet to a point on the northern line of said Route #11; thence along said Route #11, South fifty four (54) degrees nine (9) minutes west sixty (60) feet to the place of beginning. Having thereon erected a brick dwelling house. Said tract of land is further designated as Parcel No. 3 of a draft of a survey. Being Parcel ID#29.07.0467.002A Being the same premises which Walter D. Sunday and Gwendolyn D. Sunday, husband and wife, by Deed dated Augustl2, 2002, and recorded August 15, 2002, in Book 253, Page 773, granted and conveyed unto Renee Beihn and Samuel P. Beihn, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVAN1A) NO 03-3717 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGANSTANLEY ABS CAPITAL 1 INC. TRUST 2002-NC6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2002-NC6 BY ITS ATTORNEY IN FACT OCWEN FEDERAL BANK FSB, Plaintiff (s) From RENEE BEIHN AND SAMUEL P. BE1HN (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) ~f 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 $111,722.88 L.L. $.50 Interest FROM 2/10/04 UNTIL 9/8/04 AT THE PER DIEM RATE OF $26.28 - $5,545.08 Atty's Cotton % Arty Paid $82.00 Plaintiff Paid Date: FEBRUARY 19, 2004 (Seal) REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: STERN AND STERCHO 410 THE PAVILION JENKINTOWN, PA 19046 DueProthy $1.00 Other Costs CURTIS R, LONG Prothonot~ Deputy Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB : VS. RENEE BEIHN AND SAMUEL P. BElHN : NO. 03-3717 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at t048 HARRISBURG PIKE, CARLISLE, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): Renee Beihn 25 E. Virgil St. Apopka, FL 32712 Samuel P. Beihn 4510 Henry St. Apopka, FL 32712 2. Name and address of Defendant(s) in the judgment: Renee Beilm Samuel P. Beihn 25 E. Virgil St. 4510 Henry St. Apopka, FL 32712 Apopka, FL 32712 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Middlesex Township Municipal Authority 350 N. Middlesex Road Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Walter and Gwendolyn D. Sunday One Hanover Road Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square 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. Section 4904 relating to unswom falsification to authorities. Date: 2/10/04 STERN AND STERCHO Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : COMPANY, as Trustee for Morgan Stanley/kBS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB : VS. RENEE BEIHN AND SAMUEL P. BE1HN : NO. 03~3717 CIVIL NOTICE OF SI~ER1FF'S SA!.E OF REAL PROPERTY TO: RENEE BEIHN, 25 E. Virgil Street, Apopka, FL 32712 SAMUEL P. BE1HN, 4510 Henry Street, Apopka, FL 32712 Your real estate at 1048 HARRISBURG PIKE, CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $111,722.88 obtained by Deutsche Bank National Trust against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABI.E TO PREVENT THIS smv~RIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stereho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stereho, telephone (215) 572-81 t 1. 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 proce~'mgs. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 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 Sheriffthe full mount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-8111. 4. If the mount 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 a 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 proceed'mgs 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 fried by the Sheriff on a date specified by the Sheriffno later than 30 days after the sale date. 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 thc proposed distribution is wrong) are filed with thc Sheriff within ten (10) days afar the date of filing of said schedule. You should check with the ShedlTs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CML ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenk/ntown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002~NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. : NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN PREMISES: 1048 HARRISBURG PIKE, CARLISLE, PA 17013 Walter and Gwendolyn D. Sunday One Hanover Road Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on SEPTEMBER 8, 2004 at t0:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the mount of$111,722.88 plus interest thereon entered in the above matter in favor ofplaintiffagainst the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have, a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereaPter. 2/10/04 STERN AND STERCHO Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN PREMISES: 1048 HARRISBURG PIKE, CARLISLE. PA 17013 Middlesex Township Municipal Authority 350 N. Middlesex Road Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above ~dltor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $111,722.88 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have,a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. ; A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 2/10/04 STERN AND STERCHO Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN RE: PREMISES: 1048 HARRISBURG PIKE, CARLISLE. PA 17013 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on SEPTEMBER 8,2 004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $111,722.88 plus interest thereon entered ha the above matter in favor ofplalntiffagainst the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriffon a date specified by the Sheriffno later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 2/10/04 STERN AND STERCHO Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN RE: 1048 HARRISBURG PIKE, CARLISLE, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which ha~ a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on September 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $111,722.88 plus interest thereon entered in the above matter in favor of plainfiffagainst the above-named defendant(s) who are also the real owner(s) of said premises. 1 have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. W10~4 STERN AND STERCHO Attorney for Plaintiff Ail that certain tract of land situate ha North Middleton Township, Cumberland County and State of Pennsylvania, bounded and described as follows; Beginning at a point on the northern line of US PA Route #I 1, which point is on the dividing 1/ne between land now or late.of Clyde E. Brenner and land herein conveyed; thence along land now or late of Clyde Brenner North. thirty slx (36) degrees twenty three (23) minutes west one hundred ninety nine and two tenths (199.02) feet to a point; thence along lands now or late of said Brenner North sixteen (I6) degrees twenty one (2I) minutes West, eight-tenths (.08) of a foot to a point common to land herein conveyed, land of now or Iate of said Brenner and land now or formerly ofLeola M. Klepper; thence along said land North fifty-six (56) degrees three (03) minutes east ninety seven (97) feet to a point common to land herein conveyed, said land formerly of Klepper and other land now or late of Clyde E. Brenner; thence along said land now or late of Brenner, South twenty five (25) degrees thirty nme (39) minutes east two hundred (2001 feet to a point on the northern line of said Route #11; thence along said Route #11, South fifty four (54) degrees nine (9) minutes west sixty (60) feet to the place of .- begriming. Having thereon erected a brick dwelling house. Said tract of land is further designated as Parcel No. 3 ofa draf~ of a survey. Being Parcel D~29.07.0467.002A Being. the'sam~ premises wh/ch Walter D. sunday and Gwendolyn D. Sunday, husband and wife, by Deed dated Augustl2, 2002, and recorded August 15, 2002, m Book 253, Page 773, granted and conveyed unto Kenee Beihn. and Samuel P. Bethn, husband and wife, in fee. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. RENEE BEIHN AND SAMUEL P. BEIHN : NO. 03-3717CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RENEE BEIHN, 25 E. Virgil Street, Apopka, FL 32712 SAMUEL P. BEIHN, 4510 Henry Street, Apopka, FL 32712 Your real estate at 1048 HARRISBURG PIKE, CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $111,722.88 obtained by Deutsche Bank National Trust against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SITERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you payto Stem and Stexcho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. 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.) YOU MA Y STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN 1F THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set as/de the sale if the Nd price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if th/s has happened you may call Stem and Stercho, telephone (215) 572-8111. 4. If the mount 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 a right to remain in the property until the full amount due is paid to the Sheriffand 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 on a date specified by the Sheriffno later than 30 days after the sa/e date. Th/s Schedu/e 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 the dyne of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. EF YOU DO NOT HAVE A LAWYER OR CANNOT, AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LAWYER REFERENCE SERVICE COURT ADlVlINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 All that certain tract of land situate in North Middleton Township, Cumberland County and State of Pennsylvania, bounded and described as follows; Beginning at a point on the northern line of US PA Route #I I, which point is on the dividing line between land now or late.of Clyde E. Brenner and land herein conveyed; thence along land now or late of Clyde Brenner North th/rr7 six (36) degrees twenty three (23~ minutes west one hundred ninety nme and two tenths (199.02) feet to a point; thence along lands now or late of said Brenner North sixteen (16) degrees twenty one (21) minutes West, e~ght-tenths (.08) of a foot to a point common to land herein conveyed, land of now or late of said Brenner and land now or formerly ofLeola M. Klepper; thence along said land North fifty-six (56) degrees three (03) minutes east ninety seven (97) feet to a point common to land herein conveyed, said land formerly of Klepper and other land now or late of Clyde E. Brenner; thence along said land now or late of Brenner, South twenry five (25) degrees thirty nine (39) minutes east two hundred (200) feet to a point on the northern line of said Route gill; thence along said Route #11, South fifty four (54) degrees nine (9) minutes west sixty (60) feet to the place of beginning. Having thereon erected a brick dwelling house. Said tract of land is further designated as Parcel No. 3 of a draft of a survey. Being Parcel ID#29.07.0467.002A - .. ": Being the same premises which Walter D. Sunday and Gwendolyn D. Sunday, husband and wife, by'Deed dated Augnstl2, 2002, and recorded August 15, 2002, m Book 253, Page 773, granted and conveyed unto Renee Beihn -- and Samuel P. Beihn, husband and wife, in fee. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB NO. 03-3717 CIVIL VS. RENEE BEIHN and SAMUEL P. BEIHN CERTI]7ICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on July 28, 2004. I further certify that notice was accepted by the Defendants on July 31, 2004 and August 4, 2004, see copies of track and confirm from the U.S. Post Office attached hereto. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on August 6, 2004 as evidenced by copy of certificates of mailing attached. 8/6/04 BY: STERN AND STERCHO Attorney for Plaintiff USPS - Track & Confirm Page 1 of 1 Track & Confirm Current Status You entered 7003 3110 0004 6803 4732 Your item was delivered at 12:35 pm on August 04, 2004 in APCPKA, FL 32703. Notification Options Track & Confirm by email What Is this? Track & Confirm ,En!er Jabel number: Track & Confirm FAQs i POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright © ~999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy m m http://trkcnfrm 1 .smi.usps.com/netdata_cgi/db2www/cbd 243.d USPS - Track & Confirm Page 1 of 1 Track & Confirm Current Status You entered 7003 3110 0004 6803 4749 Your item was delivered at 3:47 pm on July 31, 2004 in APOPK~, FL 32712. Notification Options t Track & Confirm by email What is this? Track & Confirm Enter label number: Track & Confirm FAQs !i POSTAL iNSPECTORS Preserving the Trust site map contact us government services Copyright © 1999-2002 USPS. All Right.~ Reserved. Terms of Use Privacy Policy httm//trkcn rrm 1 .smi.usos.com/netdata_c~i/db2www/cbd 243.( OFFICIAL USE ~,="~r; q .............................................. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said Co]anty and State do hereby certify that the Sheriff's Deed in which Deutsche Bank National Trust is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 19th day of Fed, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3717, at the suit of Deutsche Bank National Trust Co against Renee Beihn & Samuel is duly recorded in Sheriff's Deed Book No. 265, Page 4650. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~ day of ! ~ , A.D2004 / Deutsche Bank, National Trust Company Et al VS Renee Beihn and Samuel P. Beihn In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003.-3717 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the within named defendant, to wit: Renee Beihn at her last known address of 25 E. Virgil Street, Apopka, FL 32712. This letter was mailed under the date of June 04, 2004. The unopened letter was returned to the Cumberland County Sheriffs Office on June 30, 2004 with reason marked "Return to Sender, Unable to Forevard". R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the within named defendant, to wit: Samuel P. Beihn at his last known address of 4510 Henry Street, Apopka, FL 32712. This letter was mailed u~tder the date of June 04, 2004. The unopened letter was returned to the Cumberland Counl:y Sheriffs Office on June 30, 2004 with reason marked "Unclaimed". Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 3:10 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled .action, upon the property of Renee beihn and Samuel P. Beihn located 1048 Harrisburg Pike, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Renee Beihn, by regular mail to her last known address of 25 E. Virgil Street, Apopka, FL 32712. This letter was mailed under the date of July 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Samuel P. Beihn, by regular mail to his last known address of 4510 Henry Street, Apopka, FL 32712. This letter was mailed trader the date of July 13, 2004 and never returned to the Sheriff's 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 September 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard F. Stem for Deutsche Bank National Trust c/o Ocwen. It being the highest bid and best price received for the same, Deutsche Bank National Trust c/o Ocwen of 1675 Palm Beach Lakes Blwt., West Palm Beach, FL 33401, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $909.96. Sheriffs Costs: Docketing $30.00 Poundage 17.84 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 3.70 Certified Mail 16.30 Levy 15.00 Surcharge 30.00 Law Journal 321.20 Patriot News 309.43 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 909.96 Sworn and subscribed to before me This /P~/othonotary So Answe~: R. Thomas Kline, Stieriff Real Esta~d Deputy COURT OF COMMON PLEAS OF CUMBE]~ COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB VS. RENEE BEIHN AND SAMUEL P. BEIHN : NO. 03-.3717 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Pmecipe for the Writ of Execution was filed, the following information concerning the real property located at 1048 HARRISBURG PIKE, CARLISLE, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): Renee Beihn 25 E. Virgil St. Apopka, FL 32712 Samuel P. Beilm 4510 Henry St. Apopka, FL 32712 2. Name and address of Defendant(s) in the judgment: Renee Beihn 25 E. Virgil St. Apopka, FL 32712 Samuel P. Beilm 4510 Henry St. Apopka, FL 32712 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Middlesex Township Municipal Authority 350 N. Middlesex Road Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Walter and Gwendo!yn D. Sunday One Hanover Road Carlisle, PA 17013 5. Name and address of every other person who has any record[ lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square 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. Section 4904 relating to unsworn falsification to authorities. Date: 2/10/04 STERN AND STERCHO m 2HARD F. STEin'q, Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB : VS. : NO. 03-.3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN NOTICE OF S1]ERIFF'S SALE OF REAL PROPERTY TO: RENEE BEIHN, 25 E. Virgil Street, Apopka, FL 32712 SAMUEL P. BEIHN, 4510 Henry Street, Apopka, FL 32712 Your real estate at 1048 HARRISBURG PIKE, CARLISLE, PA. 17013 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $111,722.88 obtained by Deutsche Bank National Trust against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SIIERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the l~ck payments, late charges, costs and reasonable attorney's fees due. To f'md out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale ill,he bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-8111. 4. If the mount 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 a fight 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 p,fid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 wi.thin ten (10) days after the dat_e of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBER[AND COUNTY COURT}lOUSE CARLISLE, PA 17013 (717) 240-6200 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CWIL ACTION-LAW RICHARD F. STERN, ESQUmE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB : VS. : NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEI/-IN PREMISES: 1048 HARRISBURG PIKE, CARLISLE, PA 17013 Walter and Gwendolyn D. Sunday One Hanover Road Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above ere~tor which Ir~s a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of$111,722.88 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have, a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. ~ A Schedule of distribution will be filed by the Sheriffon a date Sl~:cified by the Sheriffno later than 30 days after the sale date and the distribution will be made in acc, ordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 2/10/04 STERN AND STERCHO C 6F. STEm'q, Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Ocwen Federal Bank FSB : VS. : NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN PREMISES: 1048 HARRISBURG PIKE, CARLISLE, PA 17013 Middlesex Township Municipal Authority 350 N. Middlesex Road Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which tm a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $111,722.88 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have~ a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribufon will be filed by the Shedffon a date Sl~ified by the Shedffno later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 2110/04 STERN AND STERCHO BY~:LiC~'D~F~. S~, Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attomey in Fact Ocwen Federal Bank FSB : VS. : NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BELHN RE: PREMISES: 1048 HARRISBURG PIKE, CARLISLE, PA 17013 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on SEPTEMBER 8,2 004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $111,722.88 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriffon a date specified by the Sheriffno later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 2/10/04 STERN AND STERCHO RituallY. sru-h , Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 DEUTSCHE BANK NATIONAL TRUST : ' COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2002-NC6 Mortgage Pass- Through Certificates Series 2002-NC6 by its attorney in Fact Oewen Federal Bank FSB : VS. : NO. 03-3717 CIVIL RENEE BEIHN AND SAMUEL P. BEIHN RE: 1048 HARRISBURG PIKE, CARLISLE, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which lms a judgment again~ the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriffof Cumberland County on September 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the atnount of $111,722.88 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered, that you may have a lien and/or interest in the premises to be sold. This notice is given so that ytm can protect you~ interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriffon a date specified by the Sheriffno later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 2/10/04 STERN AND STERCHO Attorney for Plaintiff ~di that certain ~ract Of land situate fin North MiddIe~on TownShip, CumberIand County and State of Pennsylvania,'.-.." bounded and described as follows;. ' .... -. ~ .~.. .. ',-5.., "'. i' '..:' Beginning at 'a point on the northern line of US PA'Route #I I, which point is, on the dividing line between land !~i':~?:..ii. :i )~ now or late.of Clyde E. Brenner and land herein conveyed;thence along land now or late of Clyde Brenner North.~. ~':: thirty six (36) degrees twenty three (23) minutes west one hundred ninety nine and two tenths (199.02) feet to a ~:. · ...... '"~.point; thence along lands now or late of said Brenner North sixteen (16)-degrees twenty one (21) minutes West, '' :-' . · eight-tenths (.08) of a foot to a point common to land herein conveyed, land of now or late of said Brenner and: · · ,, 'land now or formerly of Leola M. Klepper; thence along said land North fifty-six (56) degrees three (03) minutes' '" ..". i ::% . east ninety seven (97) feet to a point common to land herein conveyed, said land formerly of Klepper and other ..' ,., -, . land now or late~of Clyde E. Brenner; thence along said land now or late of Brenner, South twenty five (25) ..... , ... degrees thirty nme (39) minutes east two hundred (200) feet to a point on the northern line of said Route #1 !;. thence along said Route #11, South fifty four (54) degrees nine (9) minutes west sixty (60) feet to the place of · '~: :. ?' Having thereon erected a brick dwelling house. Said tract of land is firrther designated as Parcel No. 3 of a draft of -: :'.. ',-..''' a survey. . ". :"' ":": .BeingParcel ID~t29.07.0467.002A ' ' ' ' ' .i(:;.i~.·¢.; :::i:,. :.. .:f: ;.:¢. Being the Sam~'premises Wl. rich"Walter D. Sund~'y and,GWendolYn D.' Smday, hUSband and.wife, by Deed. dated:: : :~i.'.'. :.' .~?.~'?Augustl2, 2002, and recorded August 15, 2002, in Book 253, Page 773, granted and conveyed Unto Renee Beihn~ . .~:..'-' ':":-~'.and Samuel P. Beitm, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3717 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGANSTANLEY ABS CAPITAL I INC. TRUST 2002-NC6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2002-NC6 BY ITS ATTORNEY IN FACT OCWEN FEDERAL BANK FSB, Plaintiff (s) From RENEE BEIHN AND SAMUEL P. BEIHN (1) You are directed to levy upon the property of the defendant (s)a~,~d 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; (1:) 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 attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify hirM~er that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,722.88 L.L. $.50 Interest FROM 2/10/04 UNTIL 9/8/04 AT THE PER DIEM RATE OF $26.28 - $5,545.08 Atty's Comm % Due Prothy $1.00 Atty Paid $82.00 Other Costs Plaintiff Paid Date: FEBRUARY 19, 2004 (Seal) '-~.~B__v: REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: STERN AND STERCHO 410 THE PAVILION JENKINTOWN, PA 19046 CURTIS R. LONG Prothonotary Deputy Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 Real Estate Sale #19 On May 18, 2004 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1048 Harrisburg Pike Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 18, 2004 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Conanonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, depose:~ and says: That he is the Assistant 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 pubhshed 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 27th day(s) of July and the 3rd and 10th day(s) of August 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 tree; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#19 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 309.43 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1!)29), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that thc 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 thc printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of thc said Cumberland Law Joumal on the following dates, viz: JULY 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. REAL ESTATE SALE NO. 19 Writ No. 2003-3717 Civil Deutsch Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc., Trust 2002-NC6 Mortgage Pass Through Certificates Series 2002- NC6 by its Attorney in Fact Ocwen Federal Bank FSB VS. Renee Beihn and Samuel P. Beihn Atty.: Richard Stern All that certain tract of land situ- ate in North Middleton Township, Cumberland County and State of Pennsylvania, bounded and de- scribed as follows; Beginning at a point on the north- em line of US PA Route # 11, which point is on the dividing line between land now or late of Clyde E. Brenner and land herein conveyed; thence along land now or late of Clyde (~.isa ~~e~o~V/Edl or SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005.