Loading...
HomeMy WebLinkAbout03-3941 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL. NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION . : Cumberland County v. Diane Defrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) : NO. 03 -.JCfi{ / C. ;u; L <-y- ffZfl1 COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 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 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DlNERO 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 Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1420 Wellgate Lane MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 02/08/02 DATE RECORDED: 02/22/02 BOOK: 1749 PAGE: 4565 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 07/25/03: Principal of debt due Unpaid Interest at 9.2% * from 11/01/02 to 07/25/03 (the per diem interest accruing on this debt is $77.86 and that sum should be added each day after 07/25/03) $308,914.28 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) Late Charges (monthly late charge of $152.47 should be added in accordance with the terms of the note each month after 07/25/03) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 20,788.62 250.00 280.00 3,080.00 1,219.76 15,445.71 $349,978.37 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $349,978.37 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. l'lij1 f;/L. Mark ~~Jren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for plaintiff Attorney I.D. No. 04302 ,; , ALL..THAT CERTAIN TRACT 01' LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED ACCORDING TO A FINAL SUBDIVISION PLAN PREPARED BY HARTMAN AND ASSOCIATES, REGISTERED pROFESSIONAL ENGINEERS, CAMP HILL, PENNSYLVANIA, DATED NOVEMBER 1, 1995, AND LAST REVISED FEBRUARY 6, 1996, AND RECORDED IN PLAN BOOK 72, PAGE 125, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHEAST SIDE 01' WELLGATE LANE AND A CORNER 01' LOT NO. 5 ON SAID PLAN; THENCE EXTENDING ALONG SAID LOT SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE 01' 60.66 FEET TO A POINT AT A CORNER 01' LANDS NOW OR LATE 01' JOHN H. RUPPERT, SR.; THENCE EXTENDING ALONG SAID LAND SOUTH 15 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE 01' 183.72 FEET TO A POINT AT A CORNER 01' LANDS NOW OR LATE 01' ELMER J. KLINE; THENCE EXTENDING ALONG SAID LANDS AND CONTINUING NORTH 74 DEGREES 36 MINUTES 00 SECONDS WEST, A DISTANCE 01' 62.11 FEET TO A POINT; THENCE CONTINUING NORTH 67 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A POINT AT A CORNER OF LOT NO. 30N SAID PLAN; THENCE EXTENDING ALONG SAID LOT NO. 14 DEGREES 45 MINUTES 19 SECONDS EAST, A DISTANCE 01' 143.63 FEET TO A POINT ON THE SOUTHWEST SIDE 01' WELLGATE LANE; THENCE EXTENDING ALONG SAID LANE ALONG A CURVE TO THE LEFT HAVING A RADIUS 01' 330.00 FEET, THE ARC DISTANCE 01' 177.14 FEET TO THE POINT AND PLACE 01' BEGINNING. . BEING LOT NO.4. CONTAINING 43,389.77 SQUARE FEET. SUBJECT TO EASEMENTS. CONDITIONS AND RESTRICTIONS 01' RECORD. LOAN NO 0005756952 DATE LETTER VER REO DESCRIPTION DATE 08/04/03 05/09/03 OP138 006 ER1 PA Act 6/91-Multi Borrower p(J~ IJdrUl May 09, 2003 ( er1--_ 7007... 0 B ~ COOt) \ Il 0'1. 3'5 '"2 "I Jeffrey Defranks 1420 Wellgate Ln Mechanicsburg PA 17055 Homeowners Name: Diane Defrank Property Address: 1420 Wellgate Ln, Mechanicsburg PA 17055 Loan Account No.: 0005756952 PF: 1 SC F EXH\BlT A LOAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 08/04/03 05/09/03 OP138 006 ER1 PA Act 6/91-Multi Borrower Original Lender: OPTION ONE MORTGAGE Current Lender/Servicer: Option One Mortgage Corporation 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: PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 08/04/03 05/09/03 OP138 006 ER1 PA Act 6/91-Multi Borrower * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are 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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 08/04/03 05/09/03 OP138 006 ER1 PA Act 6/91-Multi Borrower 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. OP138 PF: 1 SC F 2 SC B LoAN NO 0005756952 DATE LETTER VER 05/09/03 OP138 006 REQ OESCRIPTION DATE 08/04/03 ER1 PA Act 6/91-Multi Borrower Re: Loan No. 0005756952 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER 05/09/03 OP138 VER REQ DESCRIPTION DATE 08/04/03 006 ER1 PA Act 6/91-Multi Borrower 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 ana 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 PF: 1 SC F 2 SC B > LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP138 006 REQ DESCRIPTION DATE 08/04/03 ER1 PA Act 6/91-Multi Borrower 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 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. OP138 PF: 2 SC B '. " LOAN NO DATE LETTER VER REO DESCRIPTION DATE 07/28/03 05/09/03 OP171 016 ER1 Part 1 Pennsylvania NOI May 09, 2003 'fA' 0~N C~* ,,,o?-. 0"61.0' 000'. . 0001 7-o:r' (;> 1j'bo trOd-. sO;-;2-'i 110:;).. '!.'S'3t lM~.) (jV\tS.) Diane Defrank 1420 Wellgate Ln Mechanicsburg, PA 17055-6758 Homeowners Name: Diane Defrank Property Address: 1420 Wellgate Ln, Mechanicsburg PA 17055 Loan Account No.: 0005756952 ; PF: 1 SC F LOAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 07/28/03 05/09/03 OP171 016 ER1 Part 1 Pennsylvania NOI Original Lender: OPTION ONE MORTGAGE Current Lender/Servicer: Option One Mortgage Corporation 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: PF: 1 SC F 2 SC B , LOAN NO 0005756952 DATE LETTER 05/09/03 OP171 VER REQ DESCRIPTION DATE 07/28/03 016 ER1 Par~ 1 Pennsylvania NOI * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are 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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO PF: 1 SC F 2 SC B , LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP171 016 REO DESCRIPTION DATE 07/28/03 ER1 Part 1 Pennsylvania NOI NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. OP171 PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP171 016 REQ DESCRIPTION DATE 07/28/03 ER1 Part 1 Pennsylvania NOI Re: Loan No. 0005756952 CONSUMER CREDIT COUNSELING AGENCIES - If you meet ~ith 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 designated consumer credit counseling agencies for the county in ~hich the property is located are set forth at the end of this Notice, or you may contact HUD directly at 800-569-4287 or visit the HUD PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP171 016 REO DESCRIPTION DATE 07/28/03 ER1 Part 1 Pennsylvania NOI website at www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm. 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. PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP171 016 REQ DESCRIPTION DATE 07/28/03 ER1 Part 1 Pennsylvania NOI 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 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. OP171 PF: 2 SC B LOAN NO 0005756952 DATE 05/09/03 LETTER OP172 VER 026 REO ER1 DESCRIPTION DATE 07/28/03 Part 2 Pennsylvania NOI Re: Loan No. 0005756952 ********************************************************************** 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). PF: 1 SC F LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP172 026 REQ DESCRIPTION DATE 07/28/03 ER1 Part 2 Pennsylvania NOI NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1420 Wellgate Ln, Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the fOllowing months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 2,541.12 3 MONTHS @ $ 2,541.12 $ 15,246.72 (b) Previous late charges; $ 1677.17 (c) Other charges; Escrow, Inspection, NSF checks $ 20.00 (d) Other provisions of the mortgage obligation, PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 07/28/03 05/09/03 OP172 026 ER1 Part 2 Pennsylvania NOI if any $ 15.00 (e) TOTAL AMOUNT OF (a) (b) and (e) REQUIRED AS OF THIS DATE $ 15,925.61 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : 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 $15,925.61, 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 send to: PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER 05/09/03 OP172 VER REQ DESCRIPTION DATE 07/28/03 026 ER1 Part 2 Pennsylvania NOI Overnight Mail Address Western Union Quick Collect 3 Ada Irvine, Ca. 92618 Pay to: Option One Mortgage Corporation Code City: Option, Ca You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) OP172 PF: 2 SC B LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP173 012 REQ DESCRIPTION DATE 07/28/03 ER1 Part 3 Pennsylvania NOI Re: Loan No. 0005756952 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 amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your PF: 1 SC F LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP173 012 REQ DESCRIPTION DATE 07/28/03 ER1 Part 3 Pennsylvania NOI mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings 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 incurred 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. PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE 05/09/03 LETTER OP173 VER 012 REQ DESCRIPTION DATE 07/28/03 ER1 Part 3 Pennsylvania NOI OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT 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 Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the PF: 1 SC F 2 SC B . . LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP173 012 REQ DESCRIPTION DATE 07/28/03 ER1 Part 3 Pennsylvania NOI 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 Sheriff's Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default 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. OP173 PF: 2 SC B LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP174 029 REQ DESCRIPTION DATE 07/28/03 ER1 Part 4 Pennsylvania NOI Re: Loan No. 0005756952 HOW TO CONTACT THE LENDER: Name of Lender: Address: Attn: Address: Phone Number: Fax Number: PF: 1 SC F Option One Mortgage Corporation 7515 Irvine Center Drive Ed Turner Irvine, CA. 92618 800-326-1500, Ext. 48004 949-784-6033 LOAN NO 0005756952 DATE LETTER VER 05/09/03 OP174 029 REQ DESCRIPTION DATE 07/28/03 ER1 Part 4 Pennsylvania NOI Contact Person: Office hours: Erica Reeder Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday 8:00 a.m. to 5:00 p.m. EFFECT OF SHERIFF'S SALE - 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor x may not (CHECK ONE) 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: PF: 1 SC F 2 SC B LOAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 07/28/03 05/09/03 OP174 029 ER1 Part 4 Pennsylvania NOI * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH PF: 1 SC F 2 SC B . LQAN NO 0005756952 DATE LETTER VER REQ DESCRIPTION DATE 07/28/03 05/09/03 OP174 029 ER1 Part 4 Pennsylvania NOI ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. OP174 PF: 2 SC B V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. .tl~"""/' . ," ,./,/' (/" " / /- / ~ Ma~ J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES 7'-J ~ "<;t 1!- ~ U) ~ 0 c- - "- I.{ :::~ .."' --!:::- ~ 0 t1._!. 1:) - F! / () ~ c', -," ~ ....0 r:~~ j ~'~:; ~:- ~ :.> 1;- ~ --:../ -~ PRAECIPE FOR ENTRY OF ApPEARANCE OPTION ONE MORTGAGE CORPORATION In The Court of Common Pleas Of Cumberland County, Pennsylvania Civil Action Law vs. No. 03-3941 DIANE DEFRANK a/k/a DIANE D. DEFRANK JEFFREY DEFRANK, Mortgagor To The Prothonotary of Said County: Please enter the appearance of Robert D. Kodak, whose address is 407 North front Street, Harrisburg, Dauphin County, Pennsylvania 17101, as Attorney for Diane DeFrank and !offt" Dci'm,"" ili, D"'''''~' ;" "" ""'''~'Pri"~ Dated: September 15. 2003 /~ Robert D. Kodak, Esquire I.D. No. 18041 Attorney for Defendants 0 c' (~.) C LJ ,', <: rn -0 f:" i~ rn "D Z 2: c C(J .' Co( ~\ )> -- Z ;t;. ,"~' (')"I SHERIFF'S RETURN - REGULAR CASE NO: 2003-03941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OPTION ONE MORTGAGE VS DEFRANK DIANE ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEFRANK DIANE AKA DIANE D DEFRANK the DEFENDANT , at 1849:00 HOURS, on the 8th day of September, 2003 at 1420 WELLGATE LANE MECHANICSBURG, PA 17055 by handing to JEFFREY DEFRANK, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 .r~~~ R. Thomas Kline . 09/09/2003 MARK UDREN Sworn and Subscribed to before By: me this /7 ~ day of .1r~~ .)(Xn A.D. n".'-'----G~~ '" f't;rothonotary . -'" I SHERIFF'S RETURN - REGULAR CASE NO: 2003-03941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OPTION ONE MORTGAGE VS DEFRANK DIANE ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEFRANK JEFFREY the DEFENDANT , at 1849:00 HOURS, on the 8th day of September, 2003 at 1420 WELLGATE LANE MECHANICSBURG, PA 17055 by handing to JEFFREY DEFRANK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~<",,,<..t"'<~'R R. Thomas Kline 09/09/2003 MARK UDREN Sworn and Subscribed to before By: me this 17!::. day of ;J..{}f;..3 A.D. a~.~ Prothonotary OPTION ONE MORTGAGE CORPORATION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-3941 CIVIL DIANE DeFRANK alkla DIANE D. DeFRANK and JEFFREY DeFRANK, Mortgagors Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this J'1:L. day of October, 2003, comes Defendants, Diane DeFrank ~d Jeffrey DeFrank, by and through their attorney, ROBERT D. KODAK, ESQUIRE, KNUPP, KODAK & IMBLUM, P.C., and files the following Answer to Plaintiffs Complaint, as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendants are without sufficient information, knowledge or belief as to the truth of the allegation. Additionally, Defendants have offered, per Exhibit "A" attached hereto and made a part hereof, to Deed the property in question over to the Plaintiff in lieu of foreclosure, free and clear of all other liens and encumbrances. 5. Denied. It is denied that Defendants retused to pay the installments in question but, rather, found it impossible to do so; hence, they have offered the property back to Plaintiff with a Deed in Lieu of Foreclosure. 6. Denied. After reasonable investigation, Defendants are without sufficient informatioh, knowledge or belief as to the truth of the allegation and proof thereof is demanded at trial. 7. Denied. The attorney's fees in question are not reasonable and should be limited to the actual amount of attorney's fees incurred by Plaintiff in this case. 8. Admitted. WHEREFORE, Defendants respectfully request that Plaintiffs Complaint be dismissed and Judgment be entered in their favor. Respectfully submitted, KNUPP, KOD~ IMBLUM, P.c. ~ Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney J.D. No. 18041 Attorney for Defendants F: I USER IBONNlEJOIANSW\ WORK\defrank. wpd :070cI03 2 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Defendants' Answer to Plaintiffs Complaint in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: MARK J UDREN ESQUIRE MARK J UDREN & ASSOCIATES 1040 N KINGS HIGHWAY STE 500 CHERRY HILL NJ 08034 KNUPP, KODAK & IMBLUM, P.c. ~ ----- ~ Dated: /~/f/? I Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney J.D. No. 18041 Attorney for Defendants F: I USERIBONNIEJOIANSWI WORKldefrank. wpd :070cI03 VERIFICATION I, DIANE DeFRANK and JEFFREY DeFRANK, verify that the statements made in the aforegoing document :lre true and correct. I understund th:lt false stutements herein are made subject to the penaltip of 18 Pa. C. S. 94904, relating to unsworn falsification to authorities. ~V/d~4d . Diane DeFrank Dated: /U;~ kfu~ ~ 3930008 F: I USER IBONNIEJOIANSWI WORKldefrank. wpd :0700,03 (") C 7' -of'2' rnn 2.:;: 2C (f) ,i. , -<..' r:-,;C. ~t.< )>C z ::;! "". --, ""'j ...f, (~; ') C:.: -":":1 ~] ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted :in dUpl ;,."'te) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the next ArguIeIlt Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (enUre caption IlDJSt be stated in full) Option One Mortgage Corporation (Plaintiff) vs. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor (Defendant) No. 03--3941 Civil 1. State matter to be argued (Le.. plaintiff's lTDtion for new trial. defendant's denurrer to carplaint. etc.): Plaintiff's Motion for Summary Judgment 2. Identify COlnlSel. who will argue case: (a) for plaintiff' Mark J. Udren, Esquire Address: 1040 N. Kings Highway. Suite 500 Cherry Hill, NJ 08034 (b) for defendant: Robert D. Kodak, Esquire Address: 407 North Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 3. I will notify all parties in writing within two days that this case has been listed for argunent. 4. ArguIeIlt Court Date: February 4, 2004 ../ Dated: DeCEmber I b , 2003 Attm:ney for ) (") ,.., c = ~ = $: ..... ~:, ~ <:::I ~:!J ,." n r'" -om -.1 :00 1:-' --0 ?J~ ""'- 0:0 m_ -;,..G - '-:-: 5m "".;:. ,-1 -< N Sj c:; -< MARK J. UDREN & ASSOCIATES BY: MARKJ. UDREN,ESQUlRE ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Option One Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF . : COURT OF COMMON PLEAS : CIVIL DNISION : Cumberland County v. Diane DeFrank aIkIa Diane D. DeFrank Jeffrey DeFrank, Mortgagor . : NO. 03-3941 Civil Term Defendants MOTION FOR SUMMARY JUDGMENT Plaintiff, Option One Mortgage Corporation, by its Attomey, Mark J. Udren, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: I. There are no genuine issues as to any material fact, and therefore, Plaintiff (moving party) is entitled to Judgment as a matter oflaw. 2. Defendants, Diane DeFrank aIkIa Diane D. DeFrank and Jeffrey DeFrank, Mortgagor, filed an Answer to the Complaint in which Defendants effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant, Diane DeFrank aIkIa Diane D. DeFrank, owned the premises being foreclosed without a mortgage payment being made for an excessive period of time. 4. Defendants admit paragraphs 1,2,3 and 8 of the Complaint outright, thereby admitting, inter alia, that Defendants are the real owners and/or mortgagors ofthe within mortgaged property; and, that Plaintiff complied with the statutory pre-foreclosure Notice requirements. 5. Although Defendants purport to deny and/or fail to deny, in whole or in part, specifically or by necessary implication the averments contained in paragraphs 4, 5, 6 and 7 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendants' original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101, et sea. See Exhibit "A" attached hereto (Mortgage). 7. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.40Ic, et sea.). 8. Plaintiff has an express contractual right pursuant to the terms ofthe Mortgage to charge the Defendants attorney's fees as a consequence of the initiation ofthe within action in Mortgage Foreclosure. 9. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing, which sums can be calculated from the face ofthe Complaint, are as follows: Principal of debt due and unpaid $308,914.28 Interest at 9.2%* from 1111/02 to 12115/03 (the per diem interest accruing on this debt is $77.86 and that sum should be added each day after 12/15/03) 31,923.98 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow OverdraftlBalance Hazard Insurance Taxes $3,080.00 $5,286.84 8,366.84 Late Charges 1,219.76 Suspense Balance (1,033.28) NSF Fee 20.00 Other Fees 219.32 Attorney's Fees (anticipated and actual to 5% of principal) 15.445.71 TOTAL $365,606.61 *This interest rate us subject to adjustment as more fulIy set forth in the Note and Mortgage. WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendants, Diane DeFrank aIkIa Diane D. DeFrank and Jeffrey DeFrank, Mortgagor, in the amount of$365,606.6l, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriff's Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, MARKJ. U REN & ASSOCIATES By: Mark J. Udren, Esquire Attomey for Plaintiff/Movant o ~~ :~:.; :.< ....., = = '-' o PI " ~ ~,,,,, n- ::;:; '""6 '0 () . ~:;:j S-Jo :"-)\11 ::.~..::{ ?;; ".:< -.J --0 =.::: ":-? r,) o . . MARKJ. UDREN & ASSOCIATES BY: MARK J. UDREN, ESQUIRE A TTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Option One Mortgage Corporation v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor . : NO. 03-3941 Civil Term Defendants CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I served true and correct copies ofPlaintitrs Motion for Summary Judgment, Brief in Support and Argument Praecipe upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: December 16,2003 TO: Robert D. Kodak, Esquire 407 North Front Street, P.O. Box 11848 Harrisburg, P A 17108-1848 Attomey for Defendants MARKJ. U REN & ASSOCIATES By: Mark J. Udren, Esqu' e Attorney for Plaintiff/Movant o c. ~ -,:)0:1 L1~ . 'Z ~~L ~ = ..,., c::> rn ,.., j.: -I ~ ~-n fl'f;} :<;)t;? 60 -"-'.' "rI -~:<:l c~(? Zil1 o --, J.~ ::~ -0 -;::. <:....' N UDREN LAW OFFICES, P.C. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD CHERRY HILL, NJ 08003 856-482-6900 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Option One Mortgage Corporation v. Diane DeFrank aIkIa Diane D. DeFrank Jeffrey DeFrank, Mortgagor . : NO. 03-3941 Civil Term Defendant( s) PRAECIPE TO A TT ACH AFFIDAVIT AND VERIFICATION AS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly attach the enclosed Affidavit and Verification to Plaintiff's Motion for Summary Judgment which was filed on December 17, 2004. MARK J. UDREN & ASSOCIATES /YYY/ BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF/MOV ANT MARKJ. UDREN & ASSOCIATES BY: MARKJ. UDREN, ESQUIRE ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Option One Mortgage Corporation ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank aIkIa Diane D. DeFrank Jeffrey DeFrank, Mortgagor NO. 03-3941 Civil Term Defendants AFFIDAVIT STATE OF FLORIDA COUNTY OF DUVAL SS I, William Newland, being duly sworn according to law, depose and say: 1. That I am the Asst. Secretary for Option One Mortgage Corporation, the Plaintiff in the within matter. 2. That in said capacity I am familiar with the account that forms the basis of the instant foreclosure action and that I am authorized to take this Affidavit. 3. That all notices, if required to be sent to Defendants pursuant to Act 6 of 1974 and Act 91 of 1983, have been sent pursuant to the requirements ofthose Acts on the dates appearing thereon, copies of said notices being attached to the Complaint as Exhibits, if applicable. 4. The amounts due on the Mortgage were correctly stated as of the date appearing in the Complaint, in paragraph 6 thereof, and have accumulated since the filing ofthe Complaint, as follows: Principal of debt due and unpaid Interest at 9.2%* from 11/1/02 to 12115/03 (the per diem interest accruing on this debt is $77.86 and that sum should be added each day after 12/15/03) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow OverdraftlBalance Hazard Insurance Taxes $3,080.00 $5,286.84 Late Charges Suspense Balance NSF Fee Other Fees Attorney's Fees (anticipated and actual to 5% of principal) TOTAL *This interest rate us subject to adjustment as more fully set forth in the Note and Mortgage. A true and correct copy of the payment history, attested to herein, is attached hereto as Exhibit "A". Option One Mortgage Corporation B~/ Name: illiam Newland Title: Asst. Secretary $308,914.28 31,923.98 250.00 280.00 8,366.84 1,219.76 (1,033.28) 20.00 219.32 15.445.71 $365,606.61 ,JHI'I-Cc-~1a1a4 11: 55 www,optiononemorlgage,c;om REQ BY MLS DIANE DEFRANK 1420 WELL GATE LN MECHANICSBURG P.01 OPTION ONE MORTGAGE CORPORATION,. 3 ADA ,:. IRVINE, CA 92618 TELEPHONE ~O.; 1-S00-648-9605 . OPTION ONE MOItTCAGE Sian Here. Finish Here. CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/22/04 PAGE 1 PA 17055 A-rrN: iii $ H OtvHJ f) - ('6"S~ - J./ %;)-/1 <1 q) LOAN NUMBER: 0005756952 *~****************.*****.*********.*****************************~************** -------------------------- CURRENT ACCOUNT INFORMATION ________________________ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 12-01-02 2,541.13 2,541.12 9,20000 308,914.28 7,541.S4- ******************************************************************************* PROCESS DATE DUE DATE ACTIVITY FOR PERIOD TRANSACTION CODE 01/01/01 - 01/15/04 TRANSACTION DESCRIPTION EFFECTIVE DATE OF TRANSACTION TRANSACTION AMOUNT -------------------------------~----------------------------------------------- PRIN. PAID/ BALANCE ESCROW PAID/ ------------OTHER--------_____ INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 12-30-03 12-02 0.00 12-30-03 12-02 825.00 12-30-03 00-00 9.60 12-16-03 12-02 0.00 12-02-03 00-00 9.60 11-17-03 12-02 0.00 10-29-03 00-00 9.60 10-16-03 12-02 0.00 10-16-03 00-00 115.00 10-03-03 00-00 9.15 09-16-03 12-02 0.00 08-25-03 00-00 9.60 168 REPAY OF ESCROW ADVANCE 0.00 0.00 825.00- 825.00 163 HAZARD INSURANCE DEPOSIT 0.00 0.00 825.00 7541.84- NEW PRINCIPAL/ESCROW BALANCES 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152,47-1 LATE CHARGES FEE 1 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152.47-1 LATE CHARGES FEE 1 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152.47-1 LATE CHARGES FEE 1 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152.47-1 LATE CHARGES FEE 1 633 MISC, F/e AND B/R EXPENSES 0.00 0.00 0.00 EXHIBIT A CorpOrate Offices '3 Ada "Irvine. Calilomia . 92618-2304 P.O. Bo, 57041'lrvine' Call1ornla' 92519-7041 '900.3l6.1500' Fax 949.754.6100 @ JAN-22-2004 11:55 wWw.optlonontmortgagt.eom REQ BY ML8 P.02 OPTION ONE MORTGAGE CORPORATION 3 ADA IRVINE, CA 92618 . ,I;.' :~ \ OPTION ONE MORTGAGE TELEPHONE NO.: 1-800-648-9605 CUSTOMER ACCOUNT ACTIVITY STATEMENT Start Hert. FiniSh Here. DATE 01/22/04 PAGE 2 DIANE DEFRANK LOAN NUMBER: 0005756952 ACTIVITY FOR PERIOD 01/01/01 - 01/15/04 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODE DESCRIPTION EFFECTIVE DATE OF TRANSACTION ------------------_____M_______________________________________________________ TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------_______ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 5286.84 TAX SEARCH FEE 15.00- 8366.84- NEW PRINCIPAL/ESCROW BALANCES 08-20-03 04-02 314 NON ESC DELINQUENT P~OP TAXES 5,271.84- 0.00 0.00 5271.84- 8351.84- NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 161 ESCROW ADVANCE 0.00 0,00 3080.00 351 HAZARD INSURANCE DISBURSEMENT (PRIMARY POLICY) 0.00 0.00 3080.00- 3080.00- 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0,00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 173 PAYMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0,00 0.00 0.00 173 PAYMENT 171.46 2,369.66 308,914.28 08-25-03 00-00 2,550.00 08-21-03 12-02 5,286.84 08-20-03 08-03 15.00- 08-18-03 12-02 0,00 07-16-03 12-02 0.00 06-18-03 12-02 3,080.00 06-17-03 03-03 3,080.00- 06-16-03 12-02 0.00 05-16-03 12-02 0.00 04-16-03 12-02 0.00 03-17-03 12-02 0,00 02-18-03 12-02 0,00 02-18-03 12-02 850.00 01-16-03 12-02 0.00 12-31-02 11-02 2,700,00 632 STATUTORY EXPENSES 0.00 0.00 161 ESCROW ADVANCE 0.00 0.00 318 DELINQUENT PROP 0.00 0.00 0.00 152.47-1 LATE CHARGES FEE 1 152.47-1 LATE CHARGES FEE 1 NEW PRINCIPAL/ESCROW BALANCES 152,47-1 LATE CHARGES FEE 1 152.47-1 LATE CHARGES FEE 1 152.47-1 LATE CHARGES FEE 1 152.47-1 LATE CHARGES FEE 1 152.47-1 LATE CHARGES FEE 1 850.00 152.47-1 LATE CHARGES FEE 1 0.00 158.88 NEW PRINCIPAL/ESCROW BALANCES Corporale Offices. 3 Ada ./rvir'lG . California. 92618-2304 P.O. Box 57041 . Irvine . CaliloInia' 92619-7041 . 600.326.1500' Fax 949.764.6100 @ JRN-22-2004 11:55 www.optiononemortglge.com P.03 -.-. OPTION ONE MORTGAGE CORPORATION " 3 ADA .. IRVINE, CA 92618 TELEPHONE NO.: 1-800-648-9605 OPTION ONE MORTGAGE Stan fie... Flnl.., fie... REQ BY ML8 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/22/04 PAGE 3 DIANE DEFRANK LOAN NUMBER: 0005756952 ACTIVITY FOR PERIOD 01/01/01 - 01/15/04 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODE DESCRIPTION ----------~-~----~-------------------------------~----------------------------- EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER-----------__ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION --~------~--------------------------------------------------------------------- 12-16-02 11-02 0.00 11-30-02 10-02 2,550.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 173 PAYMENT 170.16 2,370.96 309,085,74 11-18-02 10-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 10-31-02 09-02 173 PAYMENT 2,550.00 168.86 2.372.26 309,255.90 10-16-02 09-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 09-30-02 08-02 173 PAYMENT 1,325.00 167.58 2,373,54 309,424.76 09-23-02 08-02 173 PAYMENT 350,00 0.00 0.00 0.00 09-16-02 08-02 152 LATE CHARGE ASSESSMENT 0,00 0.00 0.00 0.00 08-31-02 07-02 173 PAYMENT 300.00 166.30 2,374.82 309,592.34 08-29-02 07-02 173 PAYMENT 300.00 0.00 08-28-02 07-02 173 PAYMENT 300.00 0.00 08-27-02 07-02 173 PAYMENT 350.00 0.00 08-26-02 07-02 173 PAYMENT 400.00 0.00 08-23-02 07-02 173 PAYMENT 300.00 0.00 0.00 0.00 08-16-02 07-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 08-12-02 07-02 173 PAYMENT 1,300.00 0.00 0_00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 152.47-1 LATE CHARGES FEE 1 8.88 NEW PRINCIPAL/ESCROW BALANCES 152,47-1 LATE CHARGES FEE 1 8.88 NEW PRINCIPAL/ESCROW BALANCES 152.47-1 LATE CHARGES FEE 1 1,216.12- NEW PRINCIPAL/ESCROW BALANCES 350,00 152.47-1 LATE CHARGES FEE 1 2 , 241. 12 - NEW PRINCIPAL/ESCROW BALANCES 300.00 300.00 350.00 400.00 300.00 152.47-1 LATE CHARGES FEE 1 1,300.00 Corporale Offices. J Ada .Irvin~ . CalUornia. 92618.2304 P.O. Box 57041 . '"ine . Celi'oml. . 92619.7041 . 600.326.1500' Fa, 949.784.6100 @ JAN-22-2004 11:56 www.optlononomorlgago.com P.04 OPTION ONE MORTGAGE CORPORATION 3 ADA IRVINE, CA 92618 . / ./ TELEPHONE NO.: 1-800-646-9605 OPTION ONE MO~TGAGE REQ BY ML8 CUSTOMER ACCOUNT ACTIVITY STATEMENT St:BNDEl'ln~ri 2 / 0 4 PAGE 4 DIANE DEFRANK LOAN NUMBER: 0005756952 ACTIVITY FOR PERIOD 01/01/01 - 01/15/04 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODE DESCRIPTION EFFECTIVE DATE OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER--------_____ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 07-31-02 06-02 173 PAYMENT 2,705.00 165.04 2,376.08 0.00 309,758.64 07-17-02 06-02 148 RETURN CHECK 0.00 165,04- 2,376.08- 0,00 309,923.68 07-16-02 07-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 06-27-02 06-02 172 PAYMENT 2,693.59 165.04 2,376.08 0.00 309,758.64 06-17-02 06-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 05-30-02 05-02 172 PAYMENT 2,693.59 163.78 2,377.34 0.00 309,923.68 05-16-02 05-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0,00 04-30-02 04-02 173 PAYMENT 0.00 162.54 2,378.58 0.00 310,087.46 04-29-02 04-02 172 PAYMENT 1,633.59 0.00 0.00 0.00 04-24-02 04-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 04-24-02 04-02 148 RETURN CHECK 0.00 162.54- 2,378.58- 0.00 310,250.00 04-17-02 04-02 173 PAYMENT 0.00 162.54 2,378.58 0.00 310,087.46 04-16-02 04-02 172 PAYMENT 1,481.12 0.00 0.00 0.00 04-16-02 04-02 147 MISAPPLICATION REVERSAL 0.00 0.00 0.00 0.00 163.88 NEW PRINCIPAL/ESCROW BALANCES 152.47-1 LATE CHARGES FEE 1 NEW PRINCIPAL/ESCROW BALANCES 152.47-1 LATE CHARGES FEE 1 152.47 1 LATE CHARGES FEE 1 NEW PRINCIPAL/ESCROW BALANCES 152.47-1 LATE CHARGES FEE 1 152.47 1 LATE CHARGES FEE 1 NEW PRINCIPAL/ESCROW BALANCES 152.47-1 LATE CHARGES FEE 1 152.47 1 LATE CHARGES FEE 1 2,693.59- NEW PRINCIPAL/ESCROW BALANCES 1,633.59 152.47-1 LATE CHARGES FEE 1 1,060.00 NEW PRINCIPAL/ESCROW BALANCES 04-16-02 2, 541. 12- NEW PRINCIPAL/ESCROW BALANCES 1,481.12 210.00 Corp"al. om... . 3 Ada' Irvin. . Cali/o,ni. . 92616.2304 P.O. Bo, 57041 'I',ine' C.ii'ornia' 92619.7041 . 600.326.1500' Fax 949.784.6100 ~ JAN-22-2004 11:56 Www.optlononlmortgaue.eom P.05 OPTION ONE MORTGAGE CORPORATION 3 ADA '. IRVINE, CA 92618 . TELEPHONE NO,: 1-800-648-9605 OPTION ONE MORTGAGE Start He.... Finish Here. REQ BY ML8 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/22/04 PAGE 5 DIANE DEFRANK LOAN NUMBER: 0005756952 PROCESS DATE DUE DATE ACTIVITY FOR PERIOD TRANSACTION CODE 01/01/01 - 01/15/04 TRANSACTION DESCRIPTION EFFECTIVE DATE OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER-----________ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 04-16-02 04-02 147 MISAPPLICATION REVERSAL 0.00 210.00- 0.00 0.00 310,250.00 04-09-02 04-02 172 PAYMENT 475.00 0.00 04-01-02 04-02 172 PAYMENT 375.00 0.00 0.00 03-25-02 04-02 175 PRINCIPAL PAYMENT 0,00 210.00 0.00 310,040.00 03-22-02 04-02 172 PAYMENT 210.00 0.00 0.00 02-13-02 03-02 170 LOAN CLOSING OR 1,268.64 0.00 1,268.64 02-13-02 04-02 142 LOAN SETUP 0.00 310,250,00- 0.00 310,250.00 0.00 0,00 NEW PRINCIPAL/ESCROW BALANCES 475.00 0.00 375.00 0.00 210.00- NEW PRINCIPAL/ESCROW BALANCES 0.00 210.00 PREDISTRIBUTED PAYMENT 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES Corporale om.e, . 3 Ada . Irvine . Calilornie '92618-2304 P.O. Box 57041 . Irvin. . CoUlornia' 92619-7041 . 600.326.1500' Fex 949.784.6100 @ TOTAL P.05 VERIFICATION The undersigned, the Plaintiff in the Motion for Summary Judgment, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the Motion for Summary Judgment are taken from the business records of the Mortgage held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: \~\%"~ 0,1;00 0,,, Mort"", CW ~~~~ Title: Asst. Secretary UDREN LAW OFFICES, P.C. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD CHERRY HILL, NJ 08003 856-482-6900 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Option One Mortgage Corporation v. Diane Defrank aIkIa Diane D. DeFrank Jeffrey DeFrank, Mortgagor . : NO. 03-3941 Civil Term Defendant( s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served a true and correct copy of the Praecipe to Attach Affidavit and Verification to Plaintiffs Motion for Summary Judgment upon the following person(s) named herein at their last known address or their attomey of record: Regular First Class Mail Certified Mail Other Date Served: January~12004 xxxxx TO: Robert D. Kodak, Esquire 407 North Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Defendants MARK J. UDREN & ASSOCIATES /}Yj/ BY: Mark J. Udren, Esquire Attorney for Plaintiff/Movant o c- <~ "'''';-:0 C~J i~-:"l ~;::. C71:1'" -/"'"J ~r.-.,: ~'~..J -~r) ,c~_ ";. ~,::,-I -. -,:.,-j .-'-- c- 2: =< '" = = ...- j;; :z: w CJ -0 ::r: ':'i' c.n w ~ :r! Ol::!l ~Z ~-+I g~ --I 55 -< SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT-LAW 26 W. High Street Carlisle. P A Faye A. Sheaffer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-4035 Jeffrey L. Sheaffer, Defendant IN DIVORCE AND NOW, this ORDER OF COURT 2'Rtl, day of January 2004, upon agreement of I II I Counsel, this Court's Order of January 21, 2004, is amended to Svb-,',t permit Plaintiff Faye A. Sheaffer to ~ her brief in response d s..>6.....,~~Ier) " to Defendant's exceptions, 15 days after the date of fili~ of Defendant's brief. ~e<:::: d1t?C..1ACd lc.ttc.T By the Court, ~ ~ .~ & 'v1NV^~ AlNOOO a~ *10 : I Wd 6Z NVr 'lDOZ AlNl~~ :to LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY MATTHEW J. ESHELMAN t KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACL YN SMITH SAID IS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: (71 7) 243-6222 - FACSIMILE: (71 7) 243-6486 EMAIL: attorney@ssfl-Iaw.com www.ssfl-law.com CAMP HILL OFFICE 2109 MARKET STREET TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 t Board Certified Creditors' Rights Representation January 28, 2004 The Honorable Judge J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Sheaffer v Sheaffer Docket 664 Support 2003 Dear Judge Oler: On December 15, 2003, the Court issued an Order setting a briefing schedule on exceptions filed to a Support Master's report and recommendation on the caption case. Apparently counsel did not receive the Court's Order. On January 21, 2004, the Court issued a second Order. I represent the Plaintiff and the Defendant is represented by Orris C. Knepp, III, Esq. Mr. Knepp and I have spoken by telephone and we are in agreement that the Order enclosed with this letter may be entered by the Court. The purpose of the Order is to provide me 15 days to review Mr. Knepp's brief before I must file my own. That was the procedure set out in the December 15, 2003 Order. I hope the Court can exceed to this request. Thank you for your help. Very truly yours, CJL/pm Enclosure SAlOIS, SHUFF,~~WER & LINDSAY ~htJi~ Carol J. LinC)ay cc: Orris C. Knepp, III, Esq. 'UDREN LAW OFFICES, PoCo BY: Mark Jo Udren, Esquire ATTY IoDo NO, 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Option One Mortgage Corporation ATTORNEY FOR PLAINTIFF plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor Defendant(s) NO. 03-3941 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. UDREN LAW OFFICES, P.C. DATED: March 1, 2004 BY: V E R I FIe A T ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by plaintiff in the ordinary course of business and thflt those facts are true and correct to the best of the knowledge, ! , ! I 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 unswo~n falsification to authorities. Date: QI~/O"3 I I ~Q Q~~ Name: LorQ ^ 'Scd\-\e{ '1'i tIe: Sv-. ~IMI"" Sr.cx,'oJ,'~ Company: Op'4-f....O"'- ~J5e.Gtp. Diane Defrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor Loan #0005756952 MJU #03070530 #- ~ = 0 = .&' -n :x ~ 0> :;;0 n,:!J I r- -om c..'1 ~6 :t1Ol -,C"'" :.1: (.5 :d c- 9 ::7 C) :2: c3lTI :< :'-'1 -1="" :!J \.0 -< UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor Defendant(s) NO. 03-3941 Civil Term PRAECIPE FOR JUDGMENT BASED ON COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), Diane DeFrank a/k/a Diane D. DeFrank and Jeffrey DeFrank, Mortgagor pursuant to the Court's Order dated February 4,2004 (in accordance with the Complaint) and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order Interest per Court Order From 12/16/03 to 2/4/04 $365,606.61 ,/ 3.970.86 TOTAL $369,577.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that no further notice is required pursuant to Rule PA.R.C.P. 237 & 237.1. UDREN LAW OFFICES, P.C. DAMAGES ARE HEREBY ASSESSED AS DATE: (fl':J/)rL-- 4, Jr.6'1 INDICATED ~ (J~ "''' f;2 , PRO~ ~ __.:-M~R-0?-2004 WED 03:50 PM Udren Law Offices, p, C, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 85Ei~482-6900 Option One Mortgage Corporation Plaintiff FAX NO, 8564288007 ATTORNEY FOR PLAINTIFF p, 04 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane Defrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor Defendant(s) NO. 03-3941 Civil Term TO: Diane Defrank a/k/a Diane D. DeFrank Jeffrey Defrank, Mortgagor C/o Robert D. Kodak, Esq. 407 North Front Street P.O.' Box' 11B48 Harrisburg, PA 1710B DATE of Notice: October 1, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU I-lAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOtJRPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT r~VE 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 REFERRAL SERVICE Cumberland county.Ear Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA ElN l':S'!'ADO LlE REBJ:!:J..DIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DERIDA DENTRO DE UN TERMINO DE OIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER US TED 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 5I USTED NO TIENE ABOGADO, o SI NO TIENE PINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA. 0 LLAME POR TELEFONO A LA OFICINA, CT.1YA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCrA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Ear Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9106 NOTICE: PURSUANT TO THE PAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS tlEEMlilD TO BE A DEBT COI.LECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT pURPOSE. (- J~ ~ / / ~ark J. ~_~r~n, Esqu~re 1040 North Kings 'Highway, Suite 500 Cherry Hill, New Jersey 08034 MAR-03-2~0.i.W~03:49 PM Udren Law Offices, P. C, MARK J. UDREN << ASSOCIATES BY: Mark J, Udren. Esquire ATTY I,D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856~4B2.6900 Option One Mortgage corporation Plaintiff FAX NO, 8564288007 P. 02 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane Defrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor Defendant(s) NO. 03-3941 Civil Term TO: Diane Defrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 DATE of Notice: October 1, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE ~OUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT !!AVE 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. / NOTICE: PURSU~ TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ Ab /s/ \tatfJ . dren, EsquJ.re 1040 North Kin Highway, Suite 500 Cherry Hill, New Jersey 08034 _ MAR-03-2004 WED 03:50 PM Udren Law Offices, P. C, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY 1.0. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERny HILL, NJ 08034 856-482-6900 Option One Moregage Corporaeion Plaintiff FAX NO, 8564288007 P. 03 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane Defrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor Defendant(sl NO. 03-3941 Civil Term TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mecnanicsburg, PA 17055 October 1, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND PILE 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 YOlJ DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORrR B$LOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRI~G 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 REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, FA 17013 717-249-3166 800-990-9106 NOTIFICACION IMPORTANTE US TED SE ENCUENTRA Et-l ES,!'ADO DE RJ>;BJ>;LilJIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEB IDA 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, IMI?ORTANTES. DEBE LLEVAR ESTA NOTIFlCACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENClJENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. DATE of Notice: SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association . 2 Liberty Avenue Carlisle, FA . 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEB'r. ANY INFORMATION OBTAINED WILL ElE' USED FOR THAT PURPOSE. lJG(\lJd~:~' Esquire 1040 North Kings Highway, Suite 500 Cherry Hill, New Jersey 08034 ~~ ~ ~ r~~~ ~ ~ ~ ~ f:: - -t:- (J ~ 0 ( c::-:'} -rl ~o: ~ >:; rii;D I :.8tD en ;.) r~" .;-.i-:":< -.., -,., c::' <- '-', OPTION ONE MORTGAGE CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANE DeFRANK a/k/a DIANE D. DeFRANK, JEFFREY DeFRANK, MORTGAGOR, DEFENDANTS : 03-3941 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this 4th day of February, 2004, the motion of plaintiff Option One Mortgage Corporation for summary judgment against Diane DeFrank a/k/a Diane D. DeFrank and Jeffrey DeFrank, IS GRANTED. Judgment in foreclosure is entered in favor of plaintiff in the amount of $365,606.61 together with additional interest and costs as allowed by law to the date of sheriff's sale. Dale F. Shughart, Jr., Esquire Mark J. Udren, Esquire For Plaintiff Robert D. Kodak, Esquire For Defendants :sal UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-3941 Civil Term TO THE SHERIFF: PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount due As set forth in Court Order Interest per Court Order From 12/16/03 to 2/4/04 $365,606.61 3,970.86 Interest From 2/5/04 to date of Sale June 9, 2004 Per diem $77.86 $369,577.47 9,810.36 (Costs to be added) $ W OFFICES, P.C. M rk J. ~e~, ESQUIRE A~TORN~U~~i'pLAINTIFF AJ ~ r r a? Q w ~-c~~~~ ~t -iq~ -r:.. , . . . ' ....... "1 !t- . :- ...0 '- t} '1 8 ~ "1O"1O~8 r' 0- OcC'()~ I ~w I I , , l r-& I CJ"V ~r , , , (.\ F- :: - - r. - - -~ ........, +- , - '.V~ - kf - .:: -.. - "-.!.. ~ (-', ~;; c' :i":.::. '-n ?~ ~ :;;~) ;'l-\;~:' I ::-?L~ .~ , ~~~1 j~~ :..... 'I... -< '.-'j -:-i"r-; c') U) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-3941 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From DIANE DEFRANK A!KIA DIANE D. DEFRANK, JEFFREY DEFRANK (1) You are directed to levy upon ilie property ofilie defendant (sland to sel! SEE LEGAL DESCRIPTION. (2) You are also directed to attach ilie property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as fol!ows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) ilie 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 oilierwise disposing thereof; (3) lfproperty ofilie defendant(s) not levied upon an subject to attachment is found in ilie possession of anyone oilier than a named gamishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $365,606.61 L.L. $.50 Interest PER COURT ORDER FROM 12/16/03 TO 2/4/04 - $3,970.86 --- INTEREST FROM 2/5/04 TO DATE OF SALE 6/9/04 - PER DIEM $77.86 .- $9,810.36 Atty's Corom % Due Prothy $1.00 Atty Paid $134.97 Other Costs Plaintiff Paid Date: MARCH 5, 2004 (Seal) CURTIS R. LONG Proilionota!y p em.. r- ~ Oi). fJ. .' ['O'i/k:L../ Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 NO. 03-3941 Civil Term Defendant(s) C E R T I F I CAT E 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: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C, M ~J ~ c"" ~-:':) .0=- ::r: o "Tl --' :r: "Tl r11j:;.':;; --'fTl i~y: >:";~,l >~" :;.;:::r , C~ CJ ~...,,~ CJ ;.';-', \..C, UDREN LAW OFFICES, P.C. BY: Mark J, Udren, Esquire ATTY I.D, NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 NO. 03-3941 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4."Name and address of the last recorded holder of every mortgage of record: Name Address plaintiff herein. See Caption above. Harvey Hoffman Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section 13 N. 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 knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 1420 Wellgate Lane Mechanicsburg, PA 17055 Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 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. UDREN LAW OFFICES, P.C. DATED: March 1, 2004 C! r-..o =' = ..,... o -'0 --, :t::-n rn-. ,- ~~ ;:g: :..'''' ::.::J , (J1 :':;;,. -..... c. , ~ J "-C' UDREN LAW OFFICES, P.C, BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 NO. 03-3941 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 9, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 o ......, r",:? ~-;, .c- ~ .,~>.. =-~J I (.10 :;-'''' S? \.0 o -T, ....j ,~::J {--- -nIT) -JC" ~~3 ~~~ --,-", t) ;--'-'1 UDREN LAW OFFICES, P,C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 NO. 03-3941 civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 9, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffls Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay. you may call: (856)-482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 .~" (,., '" C':.-:'J c::::> J.- c> ~n ::-,1 fill'l ,- -0111 :1:1\..."7 () L '~-11". ~ ;;~ :f': ,:~Jo ')1"T; ::_'f" .- ::U I C"J .'_.'''' -_.~ (5 ~ ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I,D. NO, 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 NO. 03-3941 civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor C/o Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 Your house (real estate) at 1420 We11gate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 9, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856) 482-6900. mortgagee the back payment, late To find out how much you must pay, 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 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 TAXE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORt> ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 '-"'-, '.:) .J':- U) ~-, ~~~ .:;--':;> -i;- ::0::: ;;.)~ :'1:; I C'I ~;~' ---I ~?2 -r-rm .fJ1.::; ;;;;~: -..-, (_'o~ nl UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 NO. 03-3941 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank C/o Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 9, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be re1isted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immediate ac~ion: 1. The sale will be cancelled if you pay to the charges I costs and reasonable attorney's fees. you may call: (856) 482-6900. mortgagee the back payment, late To find out how much you must pay, 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COllNTY, PENNSYLVANIA, AND DESCRIBED ACCORDING TO A FINAL SUBDIVISION PLAN PREPARED BY llA1tTMAN AND ASSOCJ:ATE:S, REGISTEllED PROFE:SSIONAL ENGINEERS, CAMP HILL, PENNSYLVANIA, DATED NOVE:MBER ~, ~995, AND LAST REVJ:SED FEBRUARY 6, ~996, ANt> RECORDED IN PLAN BOOK 72, PAGE ~25, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHEAST SIDE OF WELLGATE LANE AND A CORml'l OF LOT NO. 5 ON SAJ:D PLAN; THl!:NCE EXTENDING ALONG SAID LOT SOOTH ~6 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.66 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF JOHN H. RUPPERT, SR.; THENCE EXTENDING ALONG SAID LAND SOUTH ~5 DEGREES ~5 MINUTES 00 SECONDS WEST, A DISTANCE OF ~B3.72 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF ELMER J. KLINE; Tlll!:NCE EXTENDING ALONG SAID LANDS AND CONTINtT.I:NG NORTH 74 DEGREES 36 MINUTES 00 SECONDS WEST, A DISTANCE OF 62.~~ FEET TO A POINT; Tlll!:NCE CONTINUING NORTH 67 DEGREE:S 45 MJ:NOTES 00 SECONDS WEST, A DISTANCE OF ~75.00 FEET TO A POINT AT A CORNER OF LOT NO. 30N SAID PLAN; THENCE: EXTENDING ALONG SAID LOT NO. ~4 DEGREES 45 MINUTES ~9 SECONDS EAST, A DISTANCE OF ~43.63 FEET TO A POINT ON TIlE SOUTHWEST SIDE OF WELLGATE LANE, THENCE EXTENDING ALONG SAID LANE ALONG A CURVE TO THE LEPT HAVING A RADIUS OF 330.00 FEET, THE ARC DISTANCE OF 177.~4 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO.4. CONTAINJ:NG 43, 389 .77 SQUARE FEET. SUB.:rECT TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF RECORD. BEING KNOWN AS 1420 WELLGATE LANE MECHANICSBURG, PA 17055 PROPERTY ID NO: 13-11-0270-051 TITLE TO SAID PREMISES IS VESTED IN DIANE D. DEFRANK, A MARRIED WOMAN BY DEED FROM JEFFREY A. DEFRANK AND DIANE D. DEFRANK, HUS~~~~ AND WIF 02/08/02 RECORDED 02/22/02 BOOK 250 PAGE 2355. ==,~ E DATED J-- " c:- C::.J r.'- \.0 ...., ~:.'? C;:) ~- (') .T, ..... -,- (1,:0 ,. -n:" ~i)CJ ,~~? (S .,j"T ;,:;,!~=; ,_~jll ., ~ ;~; I <:..'1 ... ,-~ -,'. UDREN LAW OFFICES, P.C. BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendants, Jeffrey A. DeFrank & Diane D. DeFrank, have filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on April 14, 2004, Bankruptcy Case No. 04-02279. Mark J. U ren, squire UDREN LAW OFFICES, P.C. Attorney for Plaintiff ....., ~ ~ = = - --< ~1*\ > ~.~ -0 n1 &....:~ ::0 :g &s~ N ~6 N ~ -0 O-H i0 =r: ZO 8 N om -'-I ~ .. :!o~ w ~ C"> Option One Mortgage Corporation VS Diane DeFrank a!k/a Diane D. DeFrank and Jeffrey DeFrank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3941 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 5.08 15.00 15.00 7.59 15.00 30.00 11 0.40 29.26 .50 1.00 $258.83 paid by attorney 06/07/04 Sworn and subscribed to before me So Answers: ThiS~dayot('~ r~#~ / R. Thomas Kline, Sheriff 2004, A.D. C /~IA- 0 ~ #BYJo rL..,L-f~ Prothonotary Real EsJ;; Deputy \ ,SO L.l1. 41.D'1S o /520/1 ~\.u..--' Real Estate Sale #59 On March 09, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1420 Well gate Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09,2004 By.-.jtc(JrMh Real Estate Deputy j '" \,,-~ . I I ::-' f.' '7 J .' ...'.... i, G ~~I.\ !,J' . . :II~\l<L ,'..) j".1>'} Ey ~ G:e> GViJ r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: APRIL 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 true. REAL ESTATE SALE NO. 119 Writ No. 2003-3941 Clv1l Option One Mortgage Corporation vs. Diane DeFrank a/k/a Diane D. DeFrank and Jeffrey DeFrank Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania. and descnbed accordmg to a final subdivision plan prepared by Hartman and Associates, Registered Professional Engineers. Camp Hill, Pennsylvania, dated November 1. 1995. and last revised February 6. 1996, and recorded in Plan Book 72. Page 125. as follows, to wit: BEGINNING at a point on the southeast side of Well gate Lane and a corner of Lot No. 5 on said plan: thence extending along said lot South 16 degrees 00 minutes 00 seconds East, a distance of 60.66 feet to a point at a corner of lands now or late of John H. Ruppert. Sr.: thence extending along sald land South 15 degrees 15 minutes 00 seconds West, a distance of 183.72 feet to a point at a corner of lands now or late of Elmer J. Kline; thence extending along said lands and continuing North 74 degrees 36 minutes 00 seconds West, a distance of 62. 11 feet to a point thence continuing North 67 degrees 45 minutes 00 seconds West, a distance of 175.00 feet to a point at a corner of Lot No.3 on said plan: thence extending along said Lot No. 14 degrees 45 mlnutes 19 seconds East, a distance of 143- L ~'_lJl;;;- TO AND SUBSCRIBED before me this 30 day of APRIL 2004 JtA' ~.JL. h/lclJ'A./ NJi. ~HrAt SEAL (j LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 r- .-- -...,~ Diane DeFrank aj K! a Diane D. DeFrank and Jeffrey DeFrank Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania. and described according to a final subdivision plan prepared by Hartman and Associates, Registered Professional Engineers, Camp Hill, Pennsylvania, dated November 1, 1995, and last revised February 6. 1996, and recorded in Plan Book 72. Page 125. as follows, to wit: BEGINNING at a point on the southeast side of Weligate Lane and a corner of Lot No. 5 on Bald plan; thence extending along said lot South 16 degrees 00 minutes 00 seconds East. a distance of 60.66 feet to a point at a comer of lands now or late of John H. Ruppert, Sr.; thence extending along said land South 15 degrees 15 minutes 00 seconds West. a distance of 183.72 feet to a point at a comer of lands now or late of Elmer J. Kline; thence extending along said lands and continuing North 74 degrees 36 minutes 00 seconds West, a distance of 62.11 feet to a point: thence continuing North 67 degrees 45 minutes 00 seconds West. a distance of 175.00 feet to a point at a comer of Lot No.3 on said plan; thence extending along said Lot No. 14 degrees 45 mlnute. 19 seconds East. a distance of 143. .63 feet to a point on the southwest alde of Wellgate Lane: thence extend- ing along said lane along a curve to the left having a radius of 330.00 feet, the arc distance of 177.14 feet to the point and place of beginning. BEING Lot No.4. CONTAINING 43.389.77 square feet. SUBJECT to easements, condi. tions and restrictions of record. BEING KNOWN AS 1420 Wellgate Lane. Mechanicsburg, PA 17055. PROPERTI lD NO: 13-\\-0270- 05l. TITLE TO SAID PREMISES IS VESTED IN Diane D. DeFrank. a married woman by deed from Jef- frey A. DeF'rank and Diane D. De. Frank. husband and wife dated 02/ 08/02 recorded 02/22/02 Book 250 Page 2355. ~VVV.l.'-l.' _ 30 day of. ~L~~./ N NOTK LOIS E. SNY Carlisle Bora, My Commissio~ UDREN LAW OFFICES, P,C, BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Interest From 02/05/04 to Date of Sale 09/07/05 Per diem @$79.26 $369.577.47 46.050.06 Amount due (Costs to be added) $ rcJ ~ (':) \!2 ~~ U- r' E: ?, ,.. -r \J ~ - ~ & w 1 \}.J N ""'C "- ~ ~ ~ f ~ 'W I:) ~SJ\~-~~ ~ ~ \.r\ c10~. "1 ~ ~%~t;~~~ , , . ... ~ " ~ ;-u ~ ,:l;:> . ~ ---f.- <<2 :;."" -0 l~;, Wt~.,~ 2':t.: 0,,'.'": r- " ~~ ~'t;, ;pc: ~ :2 \ r f g \? ~ % \ 0" ~ ~:;Q -o~ (5,0 ~~l J:.:!) G"; 90 __ ~~{T\ ~ S c:> ~ co - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANlA) COUNTY OF CUMBERLAND) NO 03-3941 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Option One Mortgage Corporation Plaintiff (s) From Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $369,577.47 L.L. Interest from 2/5/04 to date of sale 9/7/05 Per diem@$79.26 Atty's Comm % Atty Paid Other Costs $46,050.06 Due prothy $1.00 Atby 'PlaHllilfPaid $406.30 Date: June 6, 2005 (Seal) CURTIS R. LONG Prothonotary By: "'~a ,K', ~~ 9J.Z' Deputy REQUESTING PARTY: Name Mark J. Udren, Esq. Address: Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attorney for: Plaintiff Telephone: 856-669-5400 Supreme Court ID 04302 ,-------- Middle District of Pennsylvania Case No. 1 :04-bk-02279-MDF Chapter 7 D':SJ1\PtD % Form B18 (Official Form 18)(12103) United SOltes Bankruptcy Court In reo Deblor(s) (narne(s) used by the debtor(s) in the last 6 years, including married, maiden, trade, and address): Jeffrey A. Defrank Diane D. Defrank 1420 WELLGATE LANE 1420 WELLGATE LANE MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 Social Security No.: xxx-xx-5OJ 1 Employer's Tax I.D. No.: xxx-xx-5200 DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code. (the Bankruptcy Code). BY TIlE COURT Dated: 4/13/05 7f~:lOa ~ United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. .... '. FORM B 18 continued (1/97) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharl!ed Debt. Probibited The discharge prohibits any attempt to collect from the debtor a debt that has been discbarged. For example, a creditor is not permitted to contact a debtor by mail, pbone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property:] [There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discbarl!ed The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged, Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of tbe Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debt. that are Not Discbarl!ed. Some of the common types of debts which are !lQ1 discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes: b, Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations: e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; h. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts. This information is only a general summary of the bankruptcy discharge. Tbere are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to detennine the exact effect of the discharge in this case. UDREN LAW OFFICES, P,C. BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term C E R T I F I CAT E 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: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is m Sec. 4904 relating to unswo 18 Pa. C.S. .C. ark J. Udren, QUIRE TTORNEY FOR PLAINTIFF () ...., 0 = c:: = -n < => ~~l~ C- ~~ c: % .c_ [," I Cf)," ::n9 CSt (T\ 0 <' -' ~S ~;c: "" :::;l: 0- ;G;c', o?6 )>;c: 'f? ~ 5;! 0 ::0 Q:) -< #0 . y UDREN LAW OFFICES, P.C. BY, Mark J, Udren, Esquire ATTY I,D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None ,. ,./ 4. Name and address of the last recorded holder of every mortgage of record: Name plaintiff herein. Address See Caption above. Harvey Hoffman Address to follow PNC Bank N A 500 West Jefferson Street Louisville, KY 40202 c/o Frank Federman 2 Penn Center Plaza, Suite 900 Philadelphia, PA 19102 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section 13 N. 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 knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 1420 Wellgate Lane Mechanicsburg, PA 17055 Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 31, 2005 Mark J. U ren, ESQ. Attorney for Plaintiff o c:.:: ~ ,\"C'-l mrh '"?' .',r, zl (1),:::':- -< ~ :ec} :P<;2 >c ~ ,..., = = "" <- c: Z I '" ~ i; 00 :4..,- _r:::!:l Qo ./-tn o =-' ~ -<.. ".. ::n; '!? o "" . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10: 00 AM in the commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SheriffJs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment. late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORP ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 8 ...., 0 = = 'TI c.n :::,.~. <- ~ -c,'lT Qjtp c:: rn:Il ....- ,,+. z -ofii tiS I i36 -<,; 0'\ r::c --t . ".. :C" ~c :x giS <=C' ""'-rn Pc '-R ~ ~ > 0 :XJ t.D -< ,/ UDREN LAW OFFICES, P,C. BY: Mark J. Udren, Esquire ATTY I.D, NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10: 00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffls Sale, you must take immediate action: 1. The sale will be canceled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856) -669-5400. mortgagee the back payment, late To find out how much you must pay, 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 j . 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was 'paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 (') ..... c: = 0 = :?' ~ .." -oGj '- -l t:!]<'. c: ffi::a Z'J) :;iC -::~r~ r- 65' , ~m r" ..,.." en 86 ;:..>' ._c j; - "". -^c':'l\ z(; :x Lr-n )'>0 z~ c o.D 0 2: b! ~ C> ~D \.0 -< / '- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I,D, NO. 04302 WOODCREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a NO. 03-3941 civil Term Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NOTICE OF SHERIFF S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank c/o Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10: 00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 / 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 Sheriff1s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 (") ...., = ~ c cO> ~ <.n '"T1 ~. ~,~I '- ~:!J a)fr-: c: .o:;,_J. 2: r &'.~. I :BEg ;:'>.' C1'I ~9 ._Co" iic > ;S-ri ;:;; ("-.:; :z z~ ):> c:,: 'E 0 ~ ::P! C) 5:J -, w -< .' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a NO. 03-3941 civil Term Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NOTICE OF SHERIFF S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor c/o Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856)-669-5400. mortgagee the back payment, late To find out how much you must pay, 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 . 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ~ $- -QCP f'Q r!~~ '-:t"".\ 1'h~' ~~'"': Vi) ~(.'; ~2: ~ ~ ~ 'e ';Ie \ a' ~ -P. o .p ~ ~~ ~:=b :::.1...,-" ~,,\ JA .A ~ ALL THAT CERTAIN TRACT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED ACCORDING TO A FINAL SUBDIVISION PLAN PREPARED BY HARTMAN AND ASSOCIATES, REGISTERED PROFESSIONAL ENGINEERS, CAMP HILL, PENNSYLVANIA, DATED NOVEMBER 1, 1995, AND LAST REVISED FEBRUARY 6, 1996, AND RECORDED IN PLAN BOOK 72, PAGE 125, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHEAST SIDE OF WELLGATE LANE AND A CORNER OF ~OT NO. 5 ON SAID PLAN; THENCE EXTENDING ALONG SAID LOT SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.66 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF JOHN H. RUPPERT, SR., THENCE EXTENDING ALONG SAID LAND SOUTH 15 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 183.72 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF ELMER J. KLINE; THENCE EXTENDING ALONG SAID LANDS AND CONTINUING NORTH 74 DEGREES 36 MINUTES 00 SECONDS WEST, A DISTANCE OF 62.11 FEET TO A POINT; THENCE CONTINUING NORTH 67 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A POINT AT A CORNER OF LOT NO. 30N SAID PLAN, THENCE EXTENDING ALONG SAID LOT NO. 14 DEGREES 45 MINUTES 19 SECONDS EAST, A DISTANCE OF 143.63 FEET TO A POINT ON THE SOUTHWEST SIDE OF WELLGATE LANE, THENCE EXTENDING ALONG SAID LANE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET, THE ARC DISTANCE OF 177.14 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO.4. CONTAINING 43,389.77 SQUARE FEET. SUBJECT TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF RECORD. BEING KNOWN AS: PROPERTY ID NO. ; 1420 WELLGATE LANE, MECHANICSBURG, PA 17055 13-11-0270-051 TITLE TO SAID PREMISES IS VESTED IN DIANE D. DEFRANK, A MARRIED WOMAN BY DEED FROM JEFFREY A. DEFRANK AND DIANE D. DEFRANK, HUSBAND AND WIFE DATED 02/08/02 RECORDED 02/22/02 IN DEED BOOK 250 PAGE 2355. -. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-3941 Civil Term v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendants, Diane DeFrank aka Diane D. DeFrank and Jeffrey DeFrank have filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on July 13, 2005, Bankruptcy Case No. #05-04616. Mark J. UDREN LAW OFFICES, P.C. Attorney for Plaintiff g ?:: -rJ(.G !"r1fti f~'f::', (/.l J~; ,,<e. r::C- ~- --:r., ' :;;i...') 'Pc:: ~ ~ ~ ~ G"> - - ,- ~ %::!:\ -o~ :tJ C:~-r. Cl: :n O~ B"" 04 ;e: :Q ~ :;!l: l'J .- l'J 0:> Option One Mortgage Corporation VS Diane DeFrank a/kJa Diane D. DeFrank And Jeffrey DeFrank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3941 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark 1. Udren. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Certified Mail Surcharge Law Journal Share of Bills Prothonotary 30.00 5.83 15.00 15.00 15.00 22.40 3.86 30.00 141.00 18.20 1.00 $297.29 Sworn and subscribed to before me 2005, A.D. Prothonotary So An;~r~ r~t"5~e?'~ R. Thomas Kline, Sheriff BY \'!J ~JU)..{h Real Esta e Sergeant (1 \,00 OL.6/)'1'1L- ~ 1L.f~OV UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address . , See Capt10n above. Harvey Hoffman Address to follow PNC Bank N A 500 West Jefferson Street Louisville, KY 40202 c/o Frank Federman 2 Penn Center Plaza, Suite 900 Philadelphia, PA 19102 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq. Carlisle, PA 17013 Domestic Relations Section 13 N. 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 knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 1420 Wellgate Lane Mechanicsburg, PA 17055 Robert D. Kodak, Esq. 407 North Front Street PO Box 11848 Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 31, 2005 Mark J. U ren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10: 00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the charges, costs and reasonable attorney's fees. you may call: 18561 -669-5400. mortgagee the back payment, late To find out how much you must pay, 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 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the'price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was .paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 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 WOOD CREST CORPORATE CENTER 1~1 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10: 00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call, (856) 669-5400. mortgagee the back payment, late To find out how much you must pay, 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 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 Sheriff's Sale is'not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTy, PENNSYLVANIA. AND DESCRIBED ACCORD!NG TO A FINAL SUBDIVISION PLAN PREPARED BY HARTMAN AND ASSOCIATES, REGISTERED PROFESSIONAL ENGINEERS. CAMP HILL. PENNSYLVANIA, DATED NOVEMBER 1, 1995, AND LAST REVISED FEBRUARY 6. 1996, AND RECORDED IN PLAN BOOK 72, PAGE 125. AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHEAST SIDE OF WELLGATE LANE AND A CORNER OF LOT NO. 5 ON SAID PLAN, THENCE EXTENDING ALONG SAID LOT SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.66 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF JOHN H. RUPPERT, SR., THENCE EXTENDING ALONG SAID LAND SOUTH 15 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 183.72 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF ELMER J. KLINE; THENCE EXTENDING ALONG SAID LANDS AND CONTINUING NORTH 74 DEGREES 36 MINUTES 00 SECONDS WEST, A DISTANCE OF 62.11 FEET TO A POINT; THENCE CONTINUING NORTH 67 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A POINT AT A CORNER OF LOT NO. 30N SAID PLAN, THENCE EXTENDING ALONG SAID LOT NO. 14 DEGREES 45 MINUTES 19 SECONDS EAST, A DISTANCE OF 143.63 FEET TO A POINT ON THE SOUTHWEST SIDE OF WELLGATE LANE, THENCE EXTENDING ALONG SAID LANE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET, THE ARC DISTANCE OF 177.14 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO.4. CONTAINING 43,389.77 SQUARE FEET. SUBJECT TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF RECORD. BEING KNOWN AS: 1420 WELLGATE LANE, MECHANICSBURG, PA 17055 PROPERTY ID NO. 13-11-0270-051 TITLE TO SAID PREMISES IS VESTED IN DIANE D. DEFRANK, A MARRIED WOMAN BY DEED FROM JEFFREY A. DEFRANK AND DIANE D. DEFRANK, HUSBAND AND WIFE DATED 02/08/02 RECORDED 02/22/02 IN DEED BOOK 250 PAGE 2355. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due Option One Mortgage Corporation Plaintiff (s) From Diane DeFrank a/k/a Diane D. DeFrank NO 03-3941 Civil CIVIL ACTION - LAW Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane, Mechanicsburg, PA 17055 (I) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $369,577.47 L.L. Interest from 2/5/04 to date of sale 917/05 Per diem @$79.26 Atty's Connn % Ally Paid Other Costs $46,050.06 Due Prothy $1.00 MA-)' PI.iDtiff Paid $406.30 Date: June 6, 2005 (Seal) Prothonotary By: ~~a ,k' ~.4, -9:f Deputy REQUESTING PARTY: Name Mark J. Udren, Esq. Address: Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attorney for: Plaintiff Telephone: 856-669-5400 Supreme Court ID 04302 Real Estate Sale #59 On June 13, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1420 Wellgate Lane, Mechanicsburg, more fully described on Exhibit "A" Date: June 13,2005 By:~,~-.--:tt Real Estatl5:~ty ca &::;;;J c:v:tJ I::::::J GV G;;;1 filed with this writ and by this reference incorporated herein. SE:\ d B- Nflf SUUl I . ' \j1~M3~isl)31 it'jQ 'j:) i.:i~'6' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz 9.1.1 ~ Ie -s; d tJ() -,::;- Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S ORN TO AND SUBSCRIBED before me this IS- dayof n, c2CJCJ6 LSEA LOIS E. SNYDER, Notary Public Ca"sle,Bo,o. Cumbe,'and County My CommlSSloo Expires March 5, 2009 REAL ESTATE SALE NO. 511 Writ No. 2003-3941 Civil Option One Mortgage Corporation vs. Diane DeFrank, a(kj a Diane D. DeFrank and Jeffrey DeFrank Atty.: Mark J, Udren ALL THAT CERTAIN tract of land situate in LQwer Allen Township, Cumberland County. Pennsylvania, and described according to a Final Subdivision Plan prepared by Hart- man and Associates. Registered Pro- fessional Engineers, Camp Hlll, Pennsylvania. dated November I, 1995. and last revised February 6, 1996. and recorded in Plan Book 72. Page 125, as follows. to wit: BEGINNING at a point on the southeast side of Wellgate Lane and a comer of Lot No. 5 on said plan; thence extending along said lot South 16 degrees 00 minutes 00 seconds East, a distance of 60.66 feet to a point at a comer of lands now or late of John H. Ruppert. Sr.; thence extending along said land South 15 degrees 15 minutes 00 seconds West. a distance of 183.72 feet to a point at a comer of lands now or late ofElmerJ. Kline; thence extendmg along said lands and con- tinuing North 74 degrees 36 min- utes 00 seconds West. a distance of 62.11 feet to a point; thence con- tinuing North 67 degrees 45 min- utes 00 seconds West. a distance of 175.00 feet to a pOint at a corner of Lot No. 3 on saId plan; thence extending along saId Lot No. 14 de- grees 45 minutes 19 seconds East. a dIstance of 143.63 feet to a point on the southwest side of Wellgate Lane: thence eKtending along said lane along a curve to the left having a radtus of 330.00 feet, the arc dis- tance of 177.14 feet to the point and place of beginning. BEING Lot No.4. CONTAINING 43.389.77 square feet. SUBJECT to easements. condi- tions and restrictions of record. BEING KNOWN AS: 1420 WelIgate Lane. Mecbanicsburg. PA 17055. PROPERlY 1D NO.: 13-11-0270- 051. TITLE TO SAID PREMISES IS VESTED IN Diane D. DeFrank. a married woman by Deed from Jef- frey A. DeFrank and Diane D. De- Frank. husband and wife dated 02/ 08/02 recorded 02{22/02 in Deed Book 250. Page 2355. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $369.577.47 Interest From 2/5/04 66.922.73 to Date of Sale March 8, 2006 Ongoing Per Diem of $87.71 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. Mark ATTO ?\J C r-- 7V ~ "'q. [ ...... ~ 1 8 ........ ~ fYJ r ~ t ~ ~ Vv ~ ( e'. -f- , "i3- . R.JP-J ::::: '- '- Y\..() It) ~ ~~~..o"lNll"""'VJ........ 'DO' .ti"ij'-t/) ~ &~ () ~~~O ~.(> , to()~O- I I J \ I I I I Q-v ~ .:: ~ .... ~ ~ - ... ~ ('\- -................i'r ... :; - ... ... ~... r-l b "" ... - - ... "'-' -{;-. . - Y-I-t:- ...'1 --...1 r'"j c:.' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3941 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From DIANE DEFRANK AlKlA DIANE D. DEFRANK AND JEFFREY DEFRANK (I) 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 gamishee(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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $369,577.47 L.L. Interest FROM 2/5/04 TO DATE OF SALE 3/8/06 ONGOING PER DIEM OF $87.71 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $66,922.73 Atty's Comm % Due Prothy $1.00 Atty Paid $718.59 Plaintiff Paid Other Costs Date: DECEMBER 7,2005 CURTIS R. LONG (Seal) Proth~ry 'Iiy: (J/)- " ,P ~A."V~j Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICE, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Diane Dorothea DeFrank Jeffrey Allan DeFrank CHAPTER 13 CASE NO.: 1-05-bk-04616 Debtor(s) ORDER DISMISSING CASE It appearing that the above-named debtor(s) has/have failed to file the required documents and it having been determined after notice that the case should be dismissed. it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case. and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed. and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. B)' tIlt Com1:. JVa~ 7b",<<, '-"'l This electronic order is signed and filed on the same date. Dated: September 8, 2005 MDPA.DISMISS1.WPT REV 6105 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term C E R T I F I CAT E 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: An FHA insured mortgage Non-owner occupied X Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF -:,.'" , ~., 1 '-.'., (, UDREN LAW OFFICES, P.C. BY~ Mark J. Udren, Esquire ~ ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and record lien Name address of every judgment creditor on the real property to be sold: Address whose judgment is a Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4. ~Name re~rd: . Name and address of the last recorded holder of every mortgage of Address Plaintiff herein. See Caption above. PNC Bank NA 500 West Jefferseon Street Louisville, KY 40202 Thomas J. Abraham and Sheryl L. Abraham 945 Siddonsburg Road Lewisberry, PA 17339 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address in the property and Name of every other person whose interest may be Address who has any record interest affected by the sale: Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 1420 Wellgate Lane Mechanicsburg, PA 17055 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. UDREN LAW OFFICES, P.C. DATED: December 5, 2005 Mark J. Udren, ESQ. Attorney for Plaintiff .. ( - ~\ (,.,J ... . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) -669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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. S. You have the right to remain in the property until paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 (. r- , . ()'~ '"", , , 'q , 1 '-:-; --,i ----- . ~ ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Salel you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay. you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped. your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 717-249-3166 800-990-9108 t--"" d ^\ j' , '~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-3941 Civil Term v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant (s), JEFFREY A. DeFRANK AND DIANE D. DeFRANK has filed Chapter 13 Bankruptcy in the MIDDLE District of Pennsylvania (HARRISBURG) on OCTOBER 14, 2005, Bankruptcy Case No. 05-08998. M Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff C,) ,'" C:J Option One Mortgage Corporation VS Diane DeFrank a/kJa Diane D. DeFrank and Jeffrey DeFrank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3941 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing Surcharge Prothonotary Poundage Levy Advertising Posting Handbills Share of Bills Mileage 30.00 30.00 1.00 2.79 15.00 15.00 15.00 21.05 12.32 $142.16 Sworn and subscribed to before me ~\ ~~ ~~ R. Thomas Kline, Sheriff 2006, A.D. Prothonotary BY\JC)~ Real Esta Sergeant I. u-o , Jc};.:({3\ ,fL. /7;}. '730 upREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and record lien Name address of every judgment creditor on the real property to be sold: Address whose judgment is a Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 ~ 4, Name and address of the last recorded holder of every mortgage of record: Name Address plaintiff herein. See Caption above. PNC Bank NA 500 West Jefferseon Street Louisville, KY 40202 Thomas J. Abraham and Sheryl L. Abraham 945 Siddonsburg Road Lewisberry, PA 17339 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address in the property and Name of every other person whose interest may be Address who has any record interest affected by the sale: Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 1420 Wellgate Lane Mechanicsb'lrg, PA 17055 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_ UDREN LAW OFFICES, P.C. DATED: December 5, 2005 Mark J. Udren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY 1.0. NO. 04302 WOOD CREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorneyrs fees. To find out how much you must pay. you may call: (856) -669-5400. 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.) YO~ 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 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 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant s) NO. 03-3941 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffls Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call, (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to st~ike 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 the more chance you will have of stopping the sale. how to obtain an attorney.) sooner you contact one, (See notice on page two on ~ , 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 Sheriffls Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that ~ime, the 6. You may be entitled to a share of the money which was paid fo~ your house. A schedule of distribution of the money bid for your house will be =iled by the Sheriff within 30 days afte~ the sale. This schedule will s~ate who will be receiving that money. The money will be paid out in accordance with this schedule unless excep~ions (reasons why the proposed distribution is wrong) ar~ filed with the Sherif= within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home baCK, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ~~ THP~ 2ERTkIN TRA~T OF ~ S:TUATE IN LO~~R ALLER TOWNS~I~, CUMBEP~~' COm.~, PENNSY',V.A.NIl.., AND DESCRIBED ACCORDING TO 1-~ FINA:.., SUED1:.,,'ISION ?L~lU\ PREP1>..REt; B~ HARTY~ MID ASSOCIATES, REG=STEP~D PROFESSION~ ENGIh~ERS, C]>~ E:L~, PENNSYLVA.KIA, DATED NO"iJ'"'l<'.......MBER .:., 1995, J..RD LAST RE\'ISED FEBRUJ..RY 6, 1996, AIm P~:ORDED IN p~ BOOK 72, PAGE 125, AS FO~LOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHEAST SIDE O~ WELL GATE LANE AND A CORNER O~ LO':' NO.3 ON SA.:tD PLAN; THENCE EXTENDING J...LONG SAID LOT SDtT':'E 16 DEGREES 00 YJh'iJ'TES DD SECOh~S EAS~, A DISTANCE O~ 60.66 FEET TO A POI~ A7 A COP~R OF ~s NOW OR LF~E OF JOHN E. RUPPERT, SR.; THENCE EXTENDING ALONG SAID LAND SOu~R ~5 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF l83.72 FEET TO A POI~ A~ A ~ORNER OF iJU~S NOW OR :uJ>..TE OF EL..1'.1ER .:J. Ki.INE i THENCE E:i:TE'NDING A.i,ONG SJ..ln :i:...ANDS AND CD:N"TINtTING NORTH 74 DEGREES 36 MINUTES 00 SE~ONDS WES~, A DIS~ANCE ~F 6:.l1 FEET TO A POI1\T; THENCE CO~INUING NOR~H 67 DEGREES 45 MI~~ES 00 SECONDS WES~, A DI3TAN=E OF 175.00 FEET TO A POI~ AT A CORNER OF LOT NO. 30N SAID PLAN; THENCE EXTENDING ALONG Sh~D ~OT NO. 14 DEGREES 45 MINUTES 19 SECOh~S EAST, A D!STAN~E OF 143.63 FEET TO A POIN7 OK 7RE SO~~HWEST SIDE OF WELLGATE ~; THEN2E EXTENDING ALONG S~ID ~ ~~ONG h 2TIRVE TO THE LEFT HAVING A RP~IUS OF 330.0C FEET, THE ~~c DISTANCE OF :77.14 FEET TO THE POINT AND PLACE OF BEGINNING. BErNG LOT NO.4. COl1TAINING 42,389.77 SQUARE FE~T. SUBJECT TO EASEME~~S, COh~I~IONS AND RESTRICTIONS OF RECOP~. BEING KNOWN .AS: 1420 Wellgate Lane, Mechanicsburg, PA 17CSS PROPERTY :CD NO. 13-11-0270-031 TITLE TO SAID PREMISES IS VESTED IN DIANE D. DEFPJiliK, A MARRIED WOMAN BY D~ED FROM JEFFREY A. DEFRANK AND DI_~E D. DEFRANK, HUSBAND AND WIFE DATED 2;8/02 RECORDED 2/22/02 IN DEED BOOK 230 PAGE 2355. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3941 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From DIANE DEFRANK AlKlA DIANE D. DEFRANK AND JEFFREY DEFRANK (I) 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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $369,577.47 L.L. Interest FROM 2/5/04 TO DATE OF SALE 3/8/06 ONGOING PER DIEM OF $87.71 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $66,922.73 Atty's Comm % Due Prothy $1.00 Atty Paid $718.59 Plaintiff Paid Other Costs Date: DECEMBER 7, 2005 CURTIS R. LONG (Seal) Prothonotary ~ ~~c P. t'~r,-) Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICE, P.c. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No, 04302 Real Estate Sale # 53 On Decemberl2, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1420 Wellgate Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2005 BYU&-~J~ Real Estate' Sergeant bZ :b 'V 8- 330 SOBl Vd 'A1N110:J GNVI~38~n3 .:I.:Hll3HS 3Hl .:10331.:1.:10 E3 ~ r:::::::I GV G\N UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-3941 Civil Term TO THE SHERIFF: PRAECIPE TO ISSUE WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount due $369.577.47 Interest From 2/5/04 73.499.84 to Date of Sale Seotember 6, 2006 Ongoing Per Diem of $77.86 to actual date of sale including if sale is held at a later date (Costs to be added) $ OFFICES, P.C. rcJ r- ~ ~ ~:t ~ ~ ~~ 'P' - +- \J [ () t \" - ~ ()- --0 ~ :- 8- ~ -'9.. ~ -Jll~ ~ 4 _....... ~..z::..ol.rt-W- ~ 111 '" "'~Iti ~ ~'\) G"' ~ Cr--j ~6c-~C~- /J~C~0- U'l c t '>>C C'" "l)c.:,C ~C). \ \ \ \ \ \ \ I I \ \ , ~ ~~-U r- - \'. ' " ::- ' ~ . - - ~ - .::: , - ~ :: :; - - ~ ~ - :; f;I~ 'f- -- o f:. "'"t.."; l;~ rnl -~-',/ ;;; . ,- ~ 0 t::;:;::> -n d' ::::! ~" r.l~ -, ~.....r; > <-' -,iC::; - "?\\f?, ~ :':i,~\1; ::; ~ ;::" ':Xl CO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3941 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From DIANE DEFRANK AlKJA DIANE D. DEFRANK, JEFFREY DEFRANK, MORTGAGOR (I) 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $369,577.47 L.L. Interest FROM 2/5/04 TO DATE OF SALE 9/6/06 - ONGOING PER DIEM OF $77.86 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $73,499.84 Atty's Comm % Due Prothy $1.00 Arty Paid $875.75 Other Costs Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.c. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIDTE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court In No. 04302 .---------. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYL VANIA INRE: Jeffrey A DeFrank Diane D DeFrank Chapter 13 Case No.: 1-05-bk-08998 Debtor(s) ORDER DISMISSING CASE At Harrisburg, in said district, upon consideration of the Trustee's Motion to dismiss case for material default and it having been determined after notice and hearing and Debtor's failure to appear at said hearing that the case should be dismissed, it is ORDERED that the case of the above-named dehtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from furtherresponsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court. ~~~!; This electronic order is signed and filed on the same date. Dated: March 24, 2006 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term C E R T I F I CAT E 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: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalti s of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authori ies. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ~ (;:;::1 <::r" ::::t. ')::\: ~ w T'::> :::.:: Q, -' ::C-n rnr=::: -nee -'r1\....' ~'-~.~ (~; -'c!"\'", ?'S?Cj o.:':::['-n c~, -, ~ -- - s;:- cP -- ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 3. Name and record lien Name address of every judgment creditor whose judgment is a on the real property to be sold: Address None ", - 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. PNC Bank NA 500 West Jefferson Street Louisville, KY 40202 c/o Frank Federman, Esquire 2 Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Harvey Hoffman Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address in the property and Name of every other person whose interest may be Address who has any record interest affected by the sale: Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 1420 Wellgate Lane Mechanicsburg, PA 17055 Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 " - I verify that the statements made in this affidavit are tru and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject 0 the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn fals'fication to authorities. DATED: May 30, 2006 OFFICES, P. . Mark J. Udren, ESQ. Attorney for Plaintiff o ,'=, ""- (: I, -, "" = 1;';::') =, o -n -i I-rJ rnF -:.) lJJ :0\" '~.~1Cl .. ~T. -,t..-n ,: -~~ (~) :<-;rn ~ 55 =-< -'t~ -"'. :;.:,": w ~ -~ ;;:- co . ~, UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA , to enforce the court judgment of $369,577.47, obtained by plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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.) , l '- 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full ,amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses. or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800- 990- 9108 <-;?, "'", ~ :::r. ~ w - q, ::;I ..k:Q ft"1\~ --{'J0J "r::<""',..I ,:~~~ ~j 'J ~ ", <~,i~fi ':2\ ~~ ? -"- - - .' -<:' a:> . .~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank c/o Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA , to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 .... . (') r--> 0 = C c:.:..~ ., 0'" 0-'--.... :.? ::;:... m:D -< -Om eN -i:JCJ ~':-j ~~:~ ~ .-") :x ~ C-) - ~;' r,\ - ~.J '--\ r ?{j C) '< .?-..L:U '!'EA.'!' CEP..'l"A=N ':'E,AC= OF LAND S=TUATE nr LOWER AL~ZN ':'OWNSHI?, C:JM:BERLAND COmrr!, P:E:NN'Sy!.t.......AN'I.?~. AND OESC:9~BED ACCORDntG '!C A PINAL SUBDIVISION PLAN PREPARED 3Y HARTMAN AND ASSOCIATES, ?...EG::STElU!:D P~OFESSIONAL ENGZNEERS, CAMP nL:U, ?:sNNSYLil'AN~. DATEO NOVEMBEP.. 1, 19-95. AND LAST RE\i.ISED FEBRUARY 6, :'996, ~~ P...ECORDED :N PLAN BOOK 72, PAGE 125, AS FOLLOWS, ':'0 WIT: EEG:I:NN"'"..HG AT A PODlT ON Tl!E SOUTEEAST SZDE OF WELLGATE LANE AND A CORNER OF LOT NO. 5 ON SAID PLAN, TEENCE EXTENDING ALONG SAID LOT SOUTH 16 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.66 FEET TO A POINT AT A CORNER OF LANDS NOW OR llTE OF JOHN H. RUPPERT, SR., -r=CE =ENDD1G ALONG SAID ~ SOUTR 15 DEGREES 15 MINUTES 00 SECONPS WEST, A DISTANCE OF 183.72 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF ELMER u. KLZ:NE; THENC~ EXTENDING ALONG SAID LANDS AND CON'rJ:NODJG NORTH 74 DEGREES 36 MINUTES 00 SECONDS WEST, A D:I:STANCE OF 62.11 FEET TO A POrNT; TE:ENCE CONTINUING NORTH 67 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A PODlT AT A CORNER OF LOT NO. 30N SA.l.'"D PLAN, TREN"" =ENDrNG ALONG SAID LOT NO. 14 DEGREES 45 MINUTES 19 SECONDS EAST, A DISTANCE OF 143.63 FEET TO A POL~ ON THE SOUTHWEST S:tDE OF WELLGATE LANE, THENCE EZTEND:tNG ALONG SAID LANE ALONG A CURVE TO THE LEFT aAVING A RAD:tUS OF 330.00 FEET. TEE _~C DISTANCE OF 177.14 FEET TO ':'SE ponrr AND PUCE 01" BEGI:NNING. :BEING LOT NO.4. CONTAINrNG 43,389.77 SQUARE FEET. StlllJECT TO EASEMENTS, CONDITIONS AND RESTP.ICTrONS OF RECORD. PROPERTY ID NO. : 1420 WELLGATE LANE MECHANICSBURG, PA 17055 13-11-0270-051 BEING KNOWN AS: TITLE TO SAID PREMISES IS VESTED IN DIANE D. DEFRANK, A MARRIED WOMAN BY DEED FROM JEFFREY A. DEFRANK AND DIANE D. DEFRANK, HUSBAND AND WIFE DATED 2/8/02 RECORDED 2/22/02 IN DEED BOOK 250 PAGE 2355. " UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor NO. 03-3941 Civil Term Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August 4, 1006 xxxxxx xxxxxx TO: USA, US Attorney US Department of Justice Federal Building 228 Walnut Street-P.O. Box 11754 Harribsurg, PA 17108 ~ o Oc 0:=80 :t:_:::D:::D m~m~ :::DO~I ~oo):il' ::3: 0 0 ::E -O::DO F::D"'O'T\ . mO'T\ Z~::DO e--'pm O:::D-i ~om$l> 0)>0:-0 Co)Omo z- ~ :::D ~ ~ ~ - t-i o ::r: 'tI N C:C: PI N (/) Ii 0 CD (f.l Ii tI. 1-'- ~ CD :J::I rotoPlI'd' tJ 0 I--' PI ~ ~ ~ ::s Ii Ii ~ rt c: La I-' rt:3 (f.l I-' CD --J (J):J :J::I IlJ lJ1 rtrt rt :J::I ~ Ii rt CD 0 0 I-' CD H1 Ii --J rt :J I-' CjCD 0 ~'<: (Xl ro rt 1-'- () CD ~I'-'~~ " u '1/,,11' I ::: '-'/'\d fe: ~=;)Ji t \'- ~ -(J~ g; \-(~ ~ ,-\ v ' .~ ~ i i ~ "":;~ ~ ~ Cq ~ 'II'" l ~ j .r:.. ~ ....~ ~ ~ 511 II t I >\''t **'t.Jt"''t~...1t'' [J"" [J"" I:[J I I:[J r'- r'- ", ", ITI ITI U') U') [J"" [J"" r-'1 r-'1 ru ru CJ CJ CJ CJ CJ CJ CJ CJ r-'1' r-'1 r-'1 r-'1 ITI ITI U') U') CJ CJ CJ CJ r'- r'- U.S. Postal Service CERTIFIED MAIL. RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ USE Postmark Here t 0 USA, US AITORNE ~.... US DEPARTMENT OF JUSTICE or~':: FEDERAL BUILDING Ci,y:-Siai, 228 WALNUT STREET-P.O. BOX 11754 _m___________ HARRISBURG, PA 17108 PS Forni 3800 ,June> ?OO? Spc' Reverse Inr InstrllctH)'lS " !lilt! ?~ blal0"t2?/IL 'tJ !" ~ . . . CJ) "T1 ~~ ~~~oo ?; Q?i~~ltb' 0 3 ~ 0 ClC 0000 c;- g{ll9';:L33 '" i>> i>> U) ~z :=~~~~ 6: _ ::T !!l. '< ~ '!2. Q) a'~ ~~~~~ 0. i9':eg=<;!a ...... iil _ _. CD .... ::IJ (l) ...... 3 g ~~::=~ Ul aU> ::JCD;:;: - '" .... Ul ::J22lJ)~(l) "T1 ~ CD ::a::J~B'~ CD ""'~~~ Q. c- O' ~ ;;~!ilJ)lt... .... CD c: I "0 c:::J 0.- lJ) ~t-3~~ {ll 3 a. 01'> -< ~~ZO~ CD _lJ) ~ lJ) F\J c- ::T a. -. ::J 0 1SlJ)CD!;t~o. 0 ~t-3~~ 3~2*-<~ ~ = I """ ClC:'l' 0 -.0....U>-.)> c;r.....c.o(l)- o 00 . .......::sQ.C/) . t-3 i~ 9'~.~ = .... o n ~O(l)g,o ~ ~ t!rj F iil. 3 0 Cl .... "2. ~ ~ 0 3 Cl .... ~ iil - -..l gJ CD (l) !! Ln VI .1:0 o' W ::0 ~ I::-' c I::-' 3 Cl ~ P !l' >< ::0 ~ ::0 ol,(i ::;u; ::0 CD Cl CD -<0. ~ ~ -:0 < "[ Cl ::I. ii! CD o' mCD CD Cl [ C_~CD sn~ :C' B.it[~ CD CD CD ru =>-< 0. 0 ~B.3:al ~~ ~ I::-' ~ o.Q. ....... :C' = III ~I ~ .JJ CD Ln -< ~. '" CD 0. a w i -< :;Ii III CD ~ w 8:~ ~ i ! ~ ..!!. []:I ~ 0-3 .JJ ~~ ~ ~ p ~ '" 1i.l 0 '" 0 3: DO fi DO <0 CD '" t ~jf So 6:~ 6 a '" ::r 0 0. CD ~ III ::I ~ Cil 3- ~ 0. ~. Ul ~ Ul -< CD CD 'SOd:l pUB SOdY 01 p8SS8JppB IIBW UO 81qBnBAB IOU 81 UOIIBWJO,UI AJ8AII8P 01 SS833B 18UJ81UI 'AJlobuI UB DUIIIBWU811MIIIU8S8Jd pUB Idl838J SI1I18ABS :.1NV.1HOdMlI 'Il8W pus 85B1SocI trnM IllqVJ XJjpt pus 40T1t8p 'pepeeu tau sl tdleoeJ Il8W peYlIJ80 ~ UO ~UJPlocI 8'1 'fIUPJ.I8UJPloc1 JOj 80U10 lSocIs\U t8 SI:I -p.18 84ltUIlS8.Id 8SII8ICl'pe.l!88P SI40I8:I8J Il8W p8Yf1J8O S4t UO ~d 8 II . ".N911J/8CLfJ8JaIJIS9lJ. tu8W9SJOPUS 8I.U 4l!M 9:l8\dn8W 81n )jJ8W JO lIJSI:I 8I.U SS!^P'o' .tu85e peZIJ041118 S,llEIllSeJPpe JO sssseJppe SLU ot ~ eq AeW AJEIAlI&P '88, J8UOmPPB us JO::l. 'pSJlnbeJ 81 td!8:lSJ Il8W pelmlSO J~ UO ~WISocI 4PSdSn 8 ldl808J WrqElJ Slll:llldnp e JOI JS^!8M 88j II 9II!808J OJ. . .p81ll8Ilbel:l tdreoel:l Wrq&I:l. 808!d1!llW SSJOPU3 '881 S4l J8IIO:I Ol sllelsod Slqll:Illdde ppe pull 81:11PB 8ID ot (HBE: WJO::l Sd) tdl8:lSI:l wmSI:l e lj:IllllB pull ~tlwO:l 8SII81d 'llOIAles tdleoel:l WmSI:l Uf'IlllO OJ. "AJeArISP jO jOQJd &plAOJd ot P8tSsnbeJ eq AllW Idl9:J9lJ Wl'II8lJ 8 '881 J8UOOIPP8 us JO::l . '1!llVII peJ8t8!llel:l JO pe.lnsur JSPI8UOO 8SII81d 'S81CJ8nlll^ JO::l "'!8W peYflJ80 lU!M 030lAOl:ld SI 3elW3AOO 30NVI:lnSNI ON . '1!8W lllUOflBWlijUI jO 8Sll1O Aue JOj 8lCJ81lll^IlIOU SlllllW peyrtJso . 'GDjlllW ~IJOIJd JO GDi!8W 8SII1:TtsJl::IlUlM p8U!qwoo eq ^ 1NO ~1lW I!8W peYIlJSO . :IUtIPUIWel:llU/SI.Iodwl SJll9Ji OMJ JOj B:ljJUsS I1ijSOd 8I.U ,{q tdS)( A.leAIISP jO p.lOOSJ V . 8:l8ldJr8w JnoA JOj .l8yRUElPI enbtun v . PS Form 3800, June 2002 (Reverse) ld!8:I8J 5ulIl8W V . :SIPIAlUd IIBW PIIIII.I13 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: o Agent o Addressee ;, t 'i ,C. Date of. Delivery '~ ' D. Is delivery address different from item 1? 0 Yes If. YES, enter delivery address below: 0 No USA, US ATTORNEY US DEPARTMENT OF JUSTICE FEDERAL BUILDING 228 WALNUT STREET-P.O. BOX 11754 HARRISBURG, PA 17108 ~rvice Type ~rtlfied Mal 0 Express Mail o Registered etum Receipt f.or Merchandise o InSUred Mail 0 C. . . 4. Restricted Delivery? (Extra Fee) 0 Yes .. 2. Article Number (Transfer from service label) PS Form 3811, February 2004 l 7005 3110 0002 1953 3789 Domestic Return Receipt 102595-o2-M-1540 = -: "'Co:S ~.":..!l U)0'c .!!l 0= ~.= 0 ! =a ~ ~~'g. o.OlJ ~'siii U;.~.~ )(~:= =='i:S <lJas ~~ '- <DlJ ? iii .g .., > -" 2l~.5 8 c: ~ :is ~~CD-:-- ~ - ~. U) ~~.E:S ~.~ 'C: 'iij iii l!? -' 0: ~::E u; 0 ~:s 8:-g~'5 cuiD,c,g ~. U;:!::::'!: a el) &l'613: 3: :i ~ ,c <DOO 2! as uo: as,c J:U .e 16 o :9. "'C 2l -8~ <D <D <D '-8::a af 0:u) U) E'6Gllll .alii~:s <D ,c :;.. .~ o:l:!.5w D~DD ~ 's-g "5l .!2 - 0 S!:::: lir~o'i o:.5uu DODD a: W C") .... Q Z :6 W Q (,) > .W W q.... Ch Q.4(ca: fta:4(W ChOO'" ~Q.a:;: _a:....w ltOChZ O(,)w ft ~....a:::f ;>Ch(,)_ 4(WC::E: ...Ja:o> z(,)oa: wC;:a: a:g....w C~....:r: ::::);>....(,) . 'OrnCD C:rn'O as Q) c: Q) '- Q) E:gcn ~<(o qlll .S (/) IL. ~ ~ . ~a;lll "O:IL. ~ ~ '- ..-80 ~ 15 0 ~(/)U ~ ~= ~o ~~ - iU <D E o lD Ujo: 0: ~lll (/)IL. lD o al Uj o a.. U) U) ~ -0 ~ <D lJ == o Uj o a.. -0 c: al Qj ~ Ci5 oi lD U) U) ~ :s < '0 lD E al Z ~~ ~ :ego: <z ~ o <D c: :::J x o ID d a.: ~ (/) I- ::l Z ....I <co 3:0 cor:: ~~ -< --..0.. 8c; (/)CI: ::lffi -en ~a: <~ enJ: ::l - <~ enf'- ::l~ 1/,., ;: : - !&(t)~~ ca ,- (t) ca i;'S! III ~ ~!!i 0.0.-0 as CD ~g~o~~ C::tI)o..c 1= 0. ~~eci.i~:1 -g8~.;a;.!! "-c::=glSo ~ !~!.-=€ E ='~. =' ca 0 .~~ ~.5~~ E"~!""sl::~ Qli (S fI) '- .<=::> 0 $._ ~ '- c: o.CI): =~~ca=,g ~8~~~~ -g l!! ,., 8-0 0 ~.~ !=8-a: ,!!~ '2"1 -g g. eSolEi"'g: ai-o~fI)ie' ~~"~~ ~.~ ca fI) :::IEJi 0 ~ g:.~-g lS~ Cg.caQ)CD"g .-UJ ECiiOca -g .... CD '2>>;= ~~~~~,~ = c:: .0 (,) ~ "'::> 8-- is. ~Ei~~~ o Q)....CS c:= 'OE51O.2~ 1a~~:~a; 5-c,-,-Ec:: " CD 8,.!!!:: ,g ~:g~iJ2 ~ :';=5~"" CD :60 -0."'- - g>~ ,.,m.E .!!26't"2'C5 ~ go i i & "'-"""ri!!! > 0 E.6,... CD OlS=Emi'; lSti~::>E -~ = :::I-.5C~ 0 Ui~a: ~ ~R.gCDa;;: is as CD..c :::I ca '- ~ Co'::: 'SCDl'!.~.5 -;=.i8_- ~,g o.:ll.j ( 1\ \, ~, I;" \J ".,_t~: .,.. :: 39V.LStW~.. ~:CG':E;0~~8/ r N . ", . I, i'~'.5,.E"O. -:::::.' '..~,.,"H"'~) f. . & ',,\:\-t>.... .. ..!!! .. '.~ ::1 ::~. :::.~~ :0- ~ ~ :} 1 '!> ~ ~ ~ .... 0 ~ ;l!! ~ --- (jj a.. ~ CD Uj al E ~ a.. U)<D lDlJ .~5 0.._ 'OU)~ '-~ \-J ~1U ..,. E-o ell ~lD ell z> ..... iii .~ ~ OlD 1-0: CIS ~ '- U) .0 lD Q) &l u. 0 CI: ~ 0:_ ..: C') ~ w 0 -<D I' It) Z ~ 0 IDo 0-0 CD m co '- c: f'- C') ::Ez z ~ <DlD C") 0 M G:5 w .o(/) E 8 0 J: 0 E>. -- '- ~.o 0 -=ijl u. 0 ..... (\J (') oo:t In ~$ m (\J C") oo:t In co ,.... to Ol ..... ..... ..... ..... ..... ..... 1-....1 a. c Q) Q. - C .0 Q. 1i lD I- o ~ .e .: .! .;: ~ GJ a. >- ~ >- J:l " .! GJ a. E o (.) GJ J:l - II) ~ ::E E ... o II. -' ~2 f',) ~_./ J r~c. . . ~ V I en ~~ .-.; C~ (.,~ . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor NO. 03-3941 Civil Term Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August I, 2006 TO: Jeffrey DeFrank, MOrtgagor Diane DeFrank aka Diane D. DeFrank c/o Robert D. Kodak, Esquire 407 Front Street P.O. Box 11848 Harrisburg, PA 17108 xxxxxx xxxxxx ES, P.C. Esquire laintiff ~ .:E 0 i0 Oc ~ 0-010 :1I:...AO:;O --:Om I 1IlI:Em,z :11II0. C. ::III ~!; <OO~ 1t:CO :::r: oJ:>()t::It::I c.. FO:DO r-:D\J-n $ll 0'-1-'-1-'. CD - mo"l\ Ii ...,J 0 $ll $ll H ZU);n- 1:--4)>0 Ii l:j l:j H O:D-im 1-'."Ij::O CD CD Ii COo C/) to Ii 0 CD f..":) m. O"oO"t::It::I~ 0)>0-0 C ~ CD CD (,)Omo lirtli I'%jt ~- to rtt::lli CD g} (J) CD $ll tz rt t::I I'%j~ Ii tU Ii . Ii ~ Pi ~CD $ll ::l rn rn CD ~ ~ $ll (I I-'rt o ~'-~ ('- ('- ...,J~ 0.. ~ ..D ..D I-' $ll '-.....:3 rn rn 0 tU ~ $ll C (Xl , I: rn rn 0 r LI'I LI'I trJ l!: [J"" [J"" to II r-'l r-'l ttllO l!: o C C ru ru ~ 1-'. ... CI J::I Ii CI CI I-' CD CI CI I-' 00 CI CI oJ:> r-'l r-'l 00 r-'l r-'l rn rn .r~>-,~::-. >- ~ ',~'.\1i G) .;:~ '\i --: --'~ , = , 0') .... I~' .'~~~f .;;l:{:;"; ~~~,' ,~,.:!.jC'3l~'1{;~i - ill IffY 'I ;, ~ " .:::.. L ..~~: U.S. Postal ServicE' CERTIFIED MAIL RECEiPT (Domestic Mall Only. No Insurance Coverage ProvIded) LI'I LI'I CI CI CI CI ('- ('- . ,. . P08lIIge, $ 0eItIlIed Fee R8IUm ReceIpt Fee (EndonIemenl RequlnJd) RlIlIIrIcled DelMIry Fee (EndolB8ment Required) 1btaI postage & FHa $ t 0 USE P08lml\J1( HlIfll Jeffrey DeFrank, Mortgagor ~iijjt'lWi, Di.ane De.Frank a/k/. or PO Bodla. . Diane D. DeFrank __.....___.____, c/o Robert D. Kodak, Esquire __.._____________..__ CIty, StIIIe,ZIP< 407 Front Street, P.O. Box 11848 Harrisburg, PA 17~08 PS Form JbOlJ Jllllf ./! U:' ',I" Hp !'Ie;( lor In<.:.tnH lions ~ 7/'1 "'tl ~ :-" . . . en " ~~ ~ Q>fS~S'~ 0 3 l') o6r-::l33 a.c>> c>> ::Io:r.... _::T!a-< ~12. U) .., z i!r ~9'~g~!a. (X) 1r~ 0. ...... 3 0- m =rCiS'CD"':OCD ...... III ~ =..nljljC-l ooo::lm;::;: I>> 0............... AI aa~~s:~ " ~..,Jo~~~ !. CD S. ....'7iI::ttRlRl t1 ~ ::;; ~CDSlcn CT 2 m 11 0 to ~5~~&:" ... tr 0 tr t:I tl'< c: I ",:Ill' II III f1 rt t1 "(I t1 III 9' 3 Q. 0.1\) -< lO rt t;:ft1 I'D ~CD_!.~~ - [t] (II ~ "it I\) rtt:f'1\:J f1 CT ::T -. 0 to f1. 11 ~ ilDCDQ.~Q. 0 )0" PI 3~g~-<~ ~ (I itJ OJ f-' rt ~.......~ ..,. ,.. ;::;:oa CiS'~ '" .....:.: l/)- 0 0"'''' PI 0 . 9'5:.ifS lD' . ... 0 " . '" lQ CD-< ::T-O PI " 30CD[o ~ 1Il~ lQ 0 IllFiil 3 c ~ ,.. ... 51 ... '2: ~.~ C "'ll 3 '" ~ iiI It Ln lD I .. JD CD lD ci' UJ :II I:-' !P- I:-' l: 3 CJ ~ c.> P !Jl >< :II ~ 914[ ~ CJ :;ur [ C -<0. -a 9:i S{ mCD C [ ii!glil sn~ 8- ru !!l~ I:-' ~ ~l~{ !8: ~ ...... ...D = e. CD ~I ~ ~ - = Ln ~ ::l UJ CD 0. ~ UJ i"~ if ~ []"'" I ~ ~ i P 3 i -!. UJ =- :II i [~ ~ f 1? ... P cr '" 2 c 0 ... 00 ~ 00 '" ~ ID '" if CD g:if sa. >> ~ n ~ Q.CC '" ! Q.! ~ ~ m - 0. 8 f ~ lB "IOd:l pUI IOdY 01 p8118Jpp IIIW UO 81QllllAIIOU II UO\lIWJO,UI A.l8A1I8P 01118:191 18UJ81U "AJlobul UI DUIIIIW u8qa 1I1U888.1d pUI Idl898J Ilql BAIS :.lNVlHOdM 'l!1Iw pUB 8ll1Qsod \It!M I8Cl8I XUl8 puv l.l~p 'pepeeu ~u S! 1d180eJ I!1IW peyJ1.180 8,ql UO lI18W1SC)(! 8 I' '6uptJ8WJSOd JOI 8011I0 llIOd 8ID 18 810 -tlJe 8l.ll pjeieJd 8ll1l81d 'pe.i!98P II ~!808J 118r.1 peY(1J80 8IIl UO lfJ8UUSOd e II '.N9II1Ieap9ID1JlS8~. llJ8W8lIJ0pU8 8IIl \It!M 8081dU8W 8IIllfJ8W JO )!.Ill1O 8l.ll88JllP\l' 1U8D8 P8Z!JClI.llne S,889ll8JPP8 JO 8888alppv 8IIl ~ Jl8lllI.Illl8J eq Mlw AHIIIII8P 'lllij JlNOAlPJl8 UB JO:l 'pe.llnbeJ S1ld!lI08J IIVrf P8UDJ80 JnM UO ~ 8SdSn e 'ldll108J wm&I~!l:)ltdnp e .101 J8I\I8M lllij 8llJ11808J QL '.~ .1dIeoi~ wrq&1::I., 808!dIrsw 8lIJOPU3 'lllij 8IIl J8/1OO ~ 86lqsod ~ ppv pug 8IOIJ.I8 8I.IJ ~ (~Ure WJO:I Sd) ~8081:1 := :cr:===~=:=~~~"t8J. ~~~~ UIl'~ 'l!1Ir.I pe.l8lSlfle~ JO pe.lnlul J8prsUOO esv8Jd 'S8lCl'llnl'8^ JO:I '11Vrf P8UAJ80 lQ!M a3al^O~d SI 3eV1:I3^OO 30NWnSNI ON '1f8W I8UopWlQUl1O snp Auv .IOI8JQ1lI!1lA81f)U S! l!1Ir.I P8UAJ80 '4Ilt!1lr.l ^wolJd JO 4Dt!1lr.l SS8lo-~!::Il.llfM peuJqwoo eq ^ lNO MW l!1lr.l peJm.l80 :~/W8IJ IUlQJO(Il B.I8M 0Ml JOJ 8OfAJ8S fQIOcI 8l.ll ~ JdmI A.l8Al18P 10 pJl108J V e:l8ldllVW .mo.( JOJ J8YIIlI8PI 8nblun V PS Form -"^ June 2002 ,.....--, ldll108Jflull!8W V -. 1""'--' :sePIAlUd IIIIM PBUIPS Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Jeffrey DeFrank, Mortgagor Diane DeFrank a/k/a Diane D. DeFrank c/o Robert D. Kodak! Esquire 407 Front Street, P.O. Box 11848 Harrisburg, PA 17108 2. Afttcle Number (ii;Jnsfer from service label) PS Fpnn 3811. February 2004 o Agent o Addressee B. Received by ( Printed NamellJ~ ,~. ,r~.livery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ~Certlfied Mail 0 Express Mail D~istered 1S.Betum Receipt for Merchandise o Insured Mail 0 ~.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 3110 0002 1953 367J Domestic Return Receipt 102595-o2-M-1540 '" <'II _ '00:0 ~ -:.~ ",o..c: .~ 0= "".50 e~ ~ 0) E '0. ..c:_o C.oo ~~lii u;.~ .~ x"""" :eai:g <(0<'11 i~ _0 Be: ~ ca ~ 0)<'11.5> ~ i~ .c ~.E ~.:..:.ES 'C 'iij lii :Il ~:5 u;o C."C 0- C.~0..5 <'IIO)..c:..c: .::t.u;:= ~ ~ CD ~ '613= 3= = e> ..c: 0) DO -g <'II ua: ~c3 .E Q; o ~ "'0_ ~ -8'iij 0) 0)0)15:5 If a:.S!! 0 '" C "C 0) '" 3lij~ ~ a;.J::... .~ a:e.5w D~DD "i ~"i j .Hl.-c~ g'iiloai a:.5UU DODD a: w C') t- Q z Q W ~ o > .W W ~t- en a.<ca: Ra: < w enOo'" ~a.a:~ _a:t-w ltOenz OOw R :::.t-a:::l ~eno_ <Wc:t: ..Ja:o> zOoa: wC~a: a:g,...w c:::.,...:t: ::)~,...O ~ 'CenCi; C:en'C III 0) c: 0) .... 0) E:gcn ~e(o 0) If '" ....:i!: ~ ~ 0) u;a: a: ~lll enu. :~ c:j III '- en u. ~ ~a;lll 1Ua:U. ~ ~ Q) "'''Co 1: fiio g~~ .., ::l- a': 0 O)~ ::lu) ~'g>> .a: '0_ <(::::. 0) Cl <'II u; 0 a.. '" 0':- '" ~ 0) 0) 0) :g c: .... <( .!!! en ~ 0- III c: ~e (5 lIlU. u; ':':"-CXl C:Oo 0 e!..r,... a.. u. . "- "C Q) g-~ e: OWe( <'II af 0) -a.. C:~!i ~ '!!!"8 .... u; o ::l oll::C.o $ .Ul c,C"E '" -t:1Il ~ ::EO):I: -.0 _ "C ':':OCXl "C ~a:Ch <( 15 u.O,... CD()~ 0) 0.:.: x E >,e:o <'II O)<'IIlD Z :l:a!:d 0) 0) . .,00.. O)Q) ::c z '0.0 <( 'E~ cc <(z u. 0) 0 0) e: ::i .,.... ~ itCl)~~ as .- UJ as ~~ : ~ 2.!! ~o=g8!~ cU') cai:- CD E:~cfj~ ~ ~~~l'p;;~ 's ~'ii 5i.~€ ~iil~~~.2 ~.e=.e!!-g Eg~ii.sCD ~ :g w ~~ :g t-:i;5- .= =5CD~=.s ~2~:i~~ i ~ >- 8"0 0 "'c~..c:o~ ~ ~~'i~ ~ C);jC_C i!!8ECCDifl iii"O~ llli e> 5'ii.E=~~ ii~~~.sCJ) j H~ 5~ .~;~~~~~ "E.... CD~~= ~~~...>.~ ::: C .58!;l fI)::S 13)__ a. ~<D.!!~s<o(J) cl!CS0-= - ~ :;gf.~~ ii~8:~a; 5i5.....-Ec i.!!! ~~ '5 ~ .='is< ctI_ c: 5-~~ ~N S ; :?~ ~81.E .- C.,.<:"O 5 ." ~ !lh~5i& _' Ii,!, Jo~:S~; ~-'o'15 5= e81 > C'- CD::s 8 \J'~ i'11 ~ 1~15.g ",iii,g t) _ J~~U)t=2.~ ;:-, I'?' ~~ ~ g:H \, ~': ~ 0 'a~:a . 1-- ~ .n'"~;-;'~:7~:;:":~'. ,. ,,~~O"" ' ""'j "'_.ii'",..,'''" .....','. "'.". .!.".,'..."...' . h ...' ::1 =-.c~~~~:~ ,4(7~1~~~Y,~/. , ~;;:. Sfi 0 '" ,;r .."~'O,'-'"~.,& iL .6-- " '1')/ ~ ~..~~,;.-;;:,,'-/~'2.;;:~ ~:~~~.,(!r;!!.!"';f.,.~': .~." ..-~-"'_."..,.c" . / :c(~ /, ~ ~ \) ~ ii ~ ~ 'lD ~ - o Q) E ~ "" Q) a.. ~\\ j~ ~]:/ ~ ~~ ~~j~ ~~ <0 0 a: 8 C') ~ W Ltl Z ~ 0 m alo "- C') ::Ez z 0 0 th a:s W 0; C') 0 0 :c 0 0 .,.... C\l C\l (') ~ It) <0 I"- co 0) ..... .,.... .,.... '" 0) ~ 0:.... -0) O"C .... C 0) 0) ~~ -- ::l.c -=al ~]i 1-....1 (') .,.... ~ ..... It) .,.... c G) a. - c '0 a. iii III ... o ~ .5 ..: G) - '': ~ ~ t- >- J:l 'tl G) 'S. a. E o o G) J:l - CI) :J :E E ... o LL. ~ ell 2 .0 Q) U. ....:- ,.... co C') E .... o u. ClJ a. r--...~ = 0 ;..:.;;) "1 c:r-. C.r-: :r!_ r-r-. .... rq I -,--.. , " ) \"";-~] (J) " ('..!..,~ i:J , C") - " \....J i-I; C..; '-j .~< "'.) ~l:J (.r: ~--< UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 1.1.1. WOODCREST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AMENDED AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.ROLE 3129.1. Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within 3129. This Affidavit is made subject to relating to unsworn falsification Dated: September 1, 2006 rth by Pa Rule C.P. Section 4904 , P.C. BY: Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Adult probation 1 Courthouse Square Carlisle, PA 17013-3387 Jennifer Leisenring 4105 Lisburg Road Mechanicsburg, PA 17055 Ryan M. Lutz 742A N. Chestnut Street Palmyra, PA 17078 Aaron Sweigert 50 East Maple Street, Apt. #13 Palmyra, PA 17078 Jennifer Reulens P.O. Box 2013 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. PNC Bank NA 500 West Jefferson Street Louisville, KY 40202 c/o Frank Federman, Esquire 2 Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Harvey Hoffman 40 W. Green Street Mechanicsburg, PA 17055 6305 Locust Lane Mechanicsburg, PA 17055 5006 Seneca Drive Mechanicsburg, PA 17050 1200 Yverdon Drive Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Internal Revenue Service Technical Support Group William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 17108 USA, US Attorney US Department of Justice Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 US Attorney General US Department of Justice Main Justice Building, Room 5111 10~ & Constitution Avenue NW Washington, DC 20531 Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, po Box 281230 Harrisburg, PA 17128-1230 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 1420 Wellgate Lane Mechanicsburg, PA 17055 Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 I verify that the statements made in this affidavit correct to the best of my personal knowled I understand that false statements her in a penalties of 18 Pa.C.S. sec. 4904 rela i t authorities. un are true and ormation and belief. subject to e rn falsif' ation to DATED: September 1, 2006 Ma J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY RILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-3941 Civil Term v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) DATE: May 30, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Diane Defrank,a/k/a Diane D. Defrank MORTGAGOR(S): Jeffrey Defrank PROPERTY: 1420 Wellgate Lane, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff I s Sale on September 6, 2006, at 10: 00 AM, at the Commissioners Hearing Room, 2nd Fl., 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. EXHIBIT A !! .2 lir~ I 51!;; liJI=~ I:}..,O; 'S jlil ..~...~ alOt 16 .2. ! '..~....I, ,} l ilia: .1 cr~!j! 0:100 G 0. ! 'i Q. 1181.... . i DODO! 'VII ~ Ii ! ~ ~.. 0&1 .... .'. ,.~-I ~ ~;~,j~ I. ~,! ;[j;'? :; ~~ .~.~ :5!......... ...:z: ~.I.""'~. ..i u..-. I_I~. ' I r..'l iil.~ i. A.e .' ~ ~~ i! ::) .,:: i ~8 ;'! ~i J!~19 Is ~g . .J~ ~E c <:Jl, 'a I . ~ zt) lil!!~ c ~:g0 Z..<I(. 0 .~.... .... _ .... .... Q .... N ('I') .... It.I - ",..,.. ~ ~ ~ m .... .... .... .... .... .... !.~ ;!i 1;ja: a: ;l = == ~o.l ~~ '1 (/)11. ]55 ~. - &''8 Q 0; I ilJ !a:u. .c 1S t 1.- , i,.u. 1.1........8 ill ! i= . \.' ~ I .... ~ 0:: w 1D0 ~~ .. .Jar ''i~ r ...... t.... ~~ ~:t;\ ~f ~ r\c,~ .;;1 ~~ ~ """'""", ~< , z z w :r: I I JIItj ,I jilt il:l~ , ~f , ill rt1P IMtI 1':;'1 lliill ~ ~ti ! II~I I .~! II , .... A- I 1 1 :. i u. }41 .AU' r.... I~ ! ~ ~ I l. t -, Ie ~ Q. /' "I., I~(~T a:~ i! \:'-.. i il ~ t-D: 2 ~ & ~ o u. CIJ a.. I 0::: 11C' ~~ II t-:::J EXHIBIT A l3 == lS'- i--: i&lS~ !-Z'O G;'iilB lD e.,. .c_._ a.O E. Gl lii s-c:: 14)1f .2 )(!E~ ~Si iGl ":I oS g[~ ~ 8l!!- 8 i!:I :is :I~~;; Gl 14lii .- lill,..,~J ~iE;<~ arGl.c.c ~J~!ft IW;!O ~ ~ IGl~~ ~ .rei <4 ~j.~i le.ESi! 0:10"" IW & Cll 14 o a. i s.i j ~SO~ i!~g~ ODD!: i ! III u ~. a: w S t- CJ Z CD W CJ U >- 'W W Qt- tn a.Coa: uia:cw w.oo" ula:~ ii:ot-w II.Qom~ ....a:..l ~tnu= j!Qo:C (;) >- Zo O. a: w '~a: a: 8;;10 W Q~~:C ::2;;1O....U A 'Ct/)Q; C::t/)'C IllCl)C:: C1)"'CI) e:g(l) ~<(o ~qi .;:: en u. ~ ~ . "QlI;i ~a:u. ~ ~ ... ~.-8o ~~o ! III ~ ~ :1- cl:o - r"" 9o.t-9nv ,g}_ ~ " Y>.~ ~ -41:1 _ :::i :"I :a> '" S l~ 'is ~ ~ ..... .. Gl a. ~<4 .~ ~~ CD 7i)a: a: ~i enu. , -,---_. , iJ i8lU.Sad 's'n; .tl~~. j! a; fa <,. cQ .... .... o.~ ~~ Ii: ~. ~... . t\I r-- C <( zr:;: qEg ~ <( tu w...... Q. In_ t? 0 ~ w ~< . .2Z .... t') II: lfl .I-a:en e~ ~ a:' g z.... Cl a: ::& . ~e 7i) ~.~!5 ~ w t') ~.:S!5 8~ ~. i~ ~ !5 ~, re ~.6: ~ CDffi~ lijO ui ,::i It) Z ::& xli.. ..It)~ ,. m ~ ~ .~..:o: a:..J It). . It). en I- ..... ". i= :> ~ Q. en 0 Q W ~ :;) t') gJ..,t::en ~ ~ !:;....::i :; ~ 5 w o~~::& t'I!.<( ;:) Z CiS o.fi Cl <z' Q 0.: < Cl a: ~Q. '")w i ~o ~ Q. CD It) CD en Q. ~ ~ CSc:i ~> = o.......g !i c:i ~ S ~ S ~ c:io(l) UJ!5 i ~ ! 0... w a: lt r-- <. t::..Ja:4..:r::)ID - 0 ~ ~...~. ~...~ ~; ~....Cl: mi .~'~ ~.~.g.!5 < ::)0.... ..J 0 :;J Q. ~ Q. a:~ en <( 1= a: I- ~ ffi:c I~ .~..~ ~...~ ~..,~.5~ :~ ~.~ ~ IDti: z~ ~.~ oa:....~ z~ ~ci ~;t 5iZg ::&::) Z w"'" ~..J <(.=' Z Iii UJ 0 (I)......... en g 8 ~::& lr ~ < a:: ~::& ~ ffi ::) ::: ::) GIS I ~~#.,~ . :; i i' !) \; ~~I.~_e, ~Y'.> I ,. .!l!! li! Q a: 8 Z t') i w I .Ye < i IDo Z 1:::1 a: ::&z Z <z U. Gl S g~ W 0 J: Q) 0 01 c:: ,... ~ ,... C\I M ~ lit) CQ ..... co. 0) ,... ,... ,... M ,... .!! ~ u,2 1&"-- 8.~JI!!Ii ~sii~j~ i~ii _,=8. .!!~c7j!: .5 ~ I ._~ ~l!lll€ Ei:i~.2 l~li,~i 1! gUl8.~:g ~i8"iii"':~ I~ti!i Ji;t8j Uj~b ~Il,g~ 1!~ It! 11~,2~! .gJ!l~~",= =iil,!!f.g~ "il,8~~- 8-8ll;~~! ~.!! ~1.,2 - ~ii;ij "E:l: ..,8 ~g'Oi~t !e 'O.'g!!2 '0 ~': ~m 8 ~.~s EI'O lifj"iiiJ :a:lgli !s aj : ..: Q) = e ~ Q. j~ a._,O<J.,' ',' '0 ~. . ..a. !,'lii Si z> ~1 1-11: ~ ,... .1 ~ :I~ C::i It) ~ CiS ,... I-~ EXHIBIT A C II Do. .. C '0 Do. 1i &D .. o ~ .: t .: .! .e. lI, ! >- .a 1:1 .! II D. E o (.) II .a -; ::::J ~ E .. o II. ~ 0) ?" ~ III 2 .Q Q) U. ~ CD (f) E o u. C/) a. ., III 'S! a,:S ! -:: .!! .,0= .S!! OJ = =.e 0 l2 1ii 18 II) e 'is. =_ 0- Q,ou ell)- .! _,Ill .,.~~ ><;eSi ~8'i i~ 8 .:1- i g~~~ .Q ~~!';6 II) rn_1ij- i-=i ,~...~.!>.l ~.! '5_ ~'4(:::;' ~lQ.s .x~,i:5 .~ !12. l2J~=:' ~ o il:DD !6 ~ ! 'f eii ~ ~:;~I .ali_\i; ~~:sJi O:!OD ~ S Q. i ~, , i :i!c, ~ i,' rn 0 C() a:.=oo DODD i ~ .~ 5 S Q. '0 C III a: W S ... C) z W 8 CJ >- "W W q... UJ a.c Q a:. arB: c~w ~2i; u:a:...w u.8rnz o...~..i ~~&~ zg8a: ~8~ffi g:r:::a . 'OrnCii Crn'O aJCDl: CD-CD e:goo ~<o .~~ i!~ II) ~a: :r;i (/)U. .~R i .~ (/) u. ~ ~a:;i '" a: u.. ~ 1.'-80 ~ jo I !~ ceo "'~ .. ;) t~L, .. a,'" -. . a. ::i 4( o ti w w ~ w z > a: a: a: 0 t; ~ e ~ :z t; (S ~ Iii 8:::1 w a: a: ,', Z w ~.:g ...J:g ~fS s: ~ ~~ ~~ 8~ 8 Cii~''''' .ta... m ~ .~ !!,: i~ zl.l..~': ~I.l... e ia:: ita:: I.l..a: I.l.. :g O.~O ~ 0, >~ 0;:: 4( ;;t: C/) Z C/)zC/) :I: 0 '0 wQ LLi Q LLiQ LLi ~ ~ t~ m~ 'ili,~ me: ZGJ::>:I: ::>:I: ::>:I: > . a:o a:o a:0 a:...J...J <Cw <w <w <_ ::I: ::i :I:::E :I: ::i :I::I: .J!l! :lie:: m a: i z ,... w .2e ~ ~ ~ ICe Z 1::1 <z I.l.. C') ::iz Z CD S as w ~ 0 :I: CD C 0 ..... C\I ::J ..... C\I ('I) "'" LO co ,..., CX) 0) ..... ..... ..... ..~ l5 :l5[ .2_ !~i!il I!t~~t 's Iii g!~ ~~~l!!Il'l: e0eiES '1& i~r~ ~!dl!!~ ...:"'15.....:o l U.i!l 11~I'iil!~ l- .~ .gjEi~ lill.f iil,~ J~- t;i~~! !iil~i~~ G8f4=CD 15.g~-.5~ I!lti~ !il;j~ .! hJ~& J'5 f ~ I ~" '1>" ~ i ;,:,lli] '~J 1!~11 ...l'4Ji~if= ^:Z:. " ~t" J\ '-\~~ , , ~ - - o 'i ~ = ~ ~ ~ E i~~: ~~ - Bf::}- ~i i z> ..... !1 {:oa: ('I) ..... "'" ..... lI.I CD lil ir_ ~~ .2lCD ~ e(/) i!!~ -i SUi {:o::J 10 ..... EXHIBIT A c .. Do .... c "0 Do 'i ED .. o ~ .5 .: J ";: . .. ~ >- J2 I -a. E 8 .8 ~ as 2 .a CD u.. ~ (I) e o u. CIJ a.. \ ~~ ~ ~ ~ o Oc ..........00 '-# ..... (') ..... :t:.....:>>..... rn~m~ ~o~ -<oo~ ~oo.c::; -0:>>0 F:>>1)'" - "'011 t~~O o:D~rn ~ orn- ~l;o:-U ~0 ~ rn :D ~~~~~ oc~rnrn ~tJj=?- rIJ~~~1 t=~F~~ ~~~~> ,. ~t=~~ ~~S~~ ~tJj2 2 ;::!~~OtJj = I l!!l!j -< oc~ ~ o rIJ . ~ = ~ o n ~ tJj ~ ~ -...! tIl .Ilo. l (:;:1 W \ ~?i ;61\ .s::.. i w , e::,.. ! -;1 IX"! ~ ru ru o 0 CeltIfIed Fee 00 o 0 Relum F\eG8Ipl Fee (EI.don18mB11l ReqUIl8d) c, 0 FleetrICI8d DelMIty Fee r-'I: r-'I (EndonIllment Fleqillr8d) MM rn' rn To1aI P08lag8 & Fees $ Lt'lLt'l o CI ISlIIlITO USA,USATTORNEY ~. ~ !iiili/:'.' US DEPARTMENT OF JUSTICE ............ OTPOBoKf FEDERAL BunDING CitY.--;: 228 WALNUT STREET-P.O. BOX 11754............ IlAlUUSBURG. PA 17108 ruru ~'~ ~~ rn,rn rnrn Lt'lU'l Irlr M'M U S Post,l: Sf'1 ,.'.r', CERTIFIE.D MAiL HECEIP T ID0,")est/c Mdt 0'1/, f'.Jd ,<1\ ur,l"Ce CO~'2ragL' Pray/oed) . . PosIIIl8Ik Hale USE PosIIIge $ eXHlgrr A \ ~ h \ j?H~;L "'0 ~ ~ . . . en 6' Ii ~S!~&1~ ~ ~ifJ~~~ 3 0 ; ~ ~ =~ CP :;:J('):fia 3 CIJ > ~e ~ _::ra'<~" (X) ~I ~~~r/) i':f::eg::oo!i ... ;~~~~ I iiS'1Il ... ::D III ... [~~~l~ 'TI ~ III ""'~io ::00 III III 0- R ~ crt ~ 8,..... 2 :i~ i III I ~:f::!Q.i,!\) -< I\) g~~~~ III III _III ~ 0 li~8:~Q. ~ i:== d -~~ ~~.~ p ~ Ul'- Olll_ . -S'::IQ.fJ = n ~l iIR.g 'SOi.J pUI IOdY 01 plnlAppl ~ ~ ~ ~. iil~-5 118W vo 'IqIIlIAIIOU II UOljlW.lO,UI IAlIIP 01 118':11 lewelUI 0 CI .... 'AJlobul U8 DUI1I8W u....II IU.... PUI idln8.lllQl eAIS :lNVlI:IOd.I CI .... '2. ~ iD 0 ~ I I.n ~ ~ iD '1!8W pue e6e\SOd \DIM I8lI'8IlCIP pu8 lj:l8J8p 'pepeeu 40U Sf ldteoeJ lIB.... peOOJeo ~\IIl8Od 811 '~.IOI 8OIIJO lSOd ~ ep UJ -we 8ql4ueiaJd 'P8J188P Sf ~ JI8V<I Jl8IIIl.HIO 8l.Il uo lIRI 8 1/ ,. :Il i:-' '.N&'I~. lU8W89Jopue l\ i:-' 8l.IllUlM ElG8!dl!ew ell )JJIlW JO III. elIlIIIIAW ' P8ZtJOlWI8 e.lI8888JPIl8 c: 3 CI ~ JO etllISEUpp8 ell ell ~ eq Aew 'A>>.\n8P ..., 18UOAIPP8 U8 ACl::I. :Il P !D ~ ~ CI i ~l J =tis :D Sf 4dl808J II8V<I P8UIIJ8O AnM uo ~ 8Sdsn 8 id\8:leJ WI1J&J 8 "2 CI ffij ;. .Iq J8IIIIlM .., e &.\180$1 QL .~ Rea8Q :::t 808\llIItIW eBJOPU3 ..., CI 8l.Il JeMlO ell e&qsod":=-,,:-~ lllOIIJIl~ Cll ~~8S IWO::J Sd) ~ ru It I( i & WIll8H 8 '=r: '= l:f ~H IJ!8IqOQL , !~ 10 jOOld 9 ell p8J8enbe.I eq . tI UJnI8f:I 8 .., \8UOIlIPP1' U8 .10:1 .. i:-' l? 3: 3: ~ '1l8W ~ .10 peAnsul ./8PI8UCXl888El(d '88IQ8nI8A ..n ~ i: III ..... JO::l '1!8V<I p8!j!lJeo 11IM Cl3QIAOl:Id Sf 3DW3AOO 30tM::1nSNI ON · I.n (l) = ~I ~ UJ i wrf Ii K '1!8W J1IUOII8UJ84UISO 888fO Mm AO!8(qlIIIIAII4OU lil! II8W I'8IIIP9::> . ~I8W AwclIId JO ~ 118810-~ 11IM pec~ eq ^1NO Aew new peyp.teO . UJ I ~~ ~ 818M ~ AO!8O!^I8S f84S0c/. lltIJ Aq _ -Wllu8p SO pIOQ8J V . ~ i P 3 I [ 808!dI(8W .moo( .101 J8fIIIU8PI enbtun V . ru -- :Xl ~f f[ PS Form aaoo. June 2002 ~) Jdteo8IIlupu V . :UpJAOJd III. P8U11.I8:) '2 P 2 if -.) 0 '" 0 3: 00 ! 00 .. ~ if ~ ~l a ~f ::r ~ ! i c. <" i ~ ij' ~ m EXHIBIT A \ ~;, .~ ~ ~ o Oc: .....Olo O-"o:IN :s:....' :1iJlm l11'~rn'Z :0 o~r- ~oo~ 4"'O'O~ :':;:;'0:110 F- ~ "1) "'" ..... ",. 0 :!! (- ~ ::JJ 0 03)?\2 ::0 0 ",. g~o:-O ~arn(') z' ~ ~ ~~lX'd> ~~8~~ ~:~~o~ ~......tltlotl C)lJ~> ~~?~< ~~~~~ ndZ~~ ~::!o~o~ tit (I:llo2jF ~z~~o ~~oolo2j ~~~d ~t:=~Z d~~ t= t21 Z~ ~ . 1-4 00 ~Z ~ . C) >- ~ t21 00 {2: \'- ruru c c Ce!IIfl8d Fee c'c ........ RelUIl\ ReoelPt Fee ~ ..... ..... (EncIOr88ment Requ\llId) """8 ~~~~ r=I M rn rn 1bIaI Po8tlIQ8 & Fee8 $ LIlLll C C IsenflO USATI'ORNEY GENERAL ~ ~ 'Sii80i US DEPARTMENT OF JUSTICE...........'" or"oao. MAIN JUSTICE BUD..DING, ROOM 5111 CiIY.-.10TH,& CONSTITUTION AVENUE NW .............. WASHINGTON, DC 20531 ~~ LIlLll r'-r'- rnrn rnrn U1U1 If" a- MM u S POStZ1\ Ser \j Ie ( CERTIFIED MAIL RECEIPl (DomestiC Mal! (I'll, No III~L f,ln,!' Coverage p"wtdedi USE PoelIIlI8 $ EXHIBit A i 'it 'IOd:l PUI IOdY 01 pellIJppI UIW UO 'lqllllAlloU II UOIIIWAO~I ulallep 01 1..:llIlleUA'IUI 'Ulabut UI IUllIIW U.....I .....IJd PUIIII,I:l1J I,ql 8A1S :lNY1HOd., '118W pu1I e8Iqsod lftIM I8CI8I !C/II8 pu1Ilpq8p 'pepeeu ~ 8J !dj808J Ilew P8YAJllO ~ uo lp8uqsOd 811 "l'lUj)JJ8uq8od.lOl eowo I8Cld 8IA ~ ep ......8 811 iUeield 8888IlI 'peJl88P 81ld1eo8.i IJ1IW P8IIIJA8O 8IA UO 1IJ8WJ800 8 II . '.N8IlIIfI(lJJ8WfJ1:I. 1U8W88JOPII8 8IA lftIM 808IdPw 8IA lIJ8W JO lIJ8IO 8IA ll8JAPY 'IU8Il8 P8ZlJOlIIIt8 8,88888JPP8 JO 888ll8JPPB 8IA 04 P8RQ88l eq Mw ~ 'eel I8UOAIPPB U8 .10::1. 'P8JInbeJ SI!dI908J lrew p8gRJ8O Jna.< UO ~ ctsdsn 8 'ld!908J WI1JlU~p 8 .lOI JMf8M 88l 8 EII\I808I O~ . "peasenbeH 1dIeoi1:l Wl'lI8l:I., 8Oll!ClIl8W llS.lOPlI3 'eel 8IA JeIlOO 04 ~ ~ PPB pu1IlIJOA.I8~ (~~fi WJO::I Sd) ~1:I ~':613 ~ p8pienbeJ ~=I:I WIJIBI:I~"f8J.':e~ U8 J~ . '118W p&HqlI!8el:l JO pem&U1 JlIpI8UOO 8888Id '88Jq8nJ1M .10::1 '118W P8UI1JllO 11IM CBOIAOYcI SI 3aVl:l3AOO 3ONVl:lnSNI ON. ll8W I8lJOIIIlUI8IUI JO 888p U .lOI8Jq11U8A81OU 8J IIlIW P8fIRJ8O . ...raw ~d JO earew 881110-~ 11IM pecqqwoo eq A1NO Mw IIlIW p8gRJ8O . ~ ,.,.,.,.", SI88A OMJ.lOI8OI/U8S .-ad q k1_ AI8IIIIeP JO pKlO8.I 'rJ . 8Q8IdA8w ~.q J8IIIIU8PI enbtun'rJ . PS Form 3800. June 2llO2 (RlMJnIe) ld!908J 6uJ1fBW 'rJ . :sePIAO.lcl1l8W PIOII.II:>> EXHIBIT A \ " ~ ~ ~ o Oc (")~go :t:~::D::D m rnm .:o~cnZ :.Do~r -<'00):>: :T-OO~ r=O:DO ,::D-v-n ~_ mO""" f=~::DC5 o:>>~m co 0 -~ (f) I.? m- c.::>>o"'O U)Omh z' -. m ::D ~~~~~ == -2 ~ Co l-. ~ r-o;;r-ogt!l!j ~g~~~ .,;f:I.l~>r-o e~=~~ ?~t!I!j~;3 .,;> ~ 2 .,; 2 '" ~ 0 ~~~~~ ~~~~~ l",lt"'lO< N _~ tI'lt:l:l'-'r:l "'cc";t!I!j ~ t"'l ~ ~ 2 G") LrILr1 .JJ..D f'"'f'"' 1'111'11 1'111'11 U'lU'l EJ"'EJ'" r-'1,r-'1 U.S. Postal Service CERTIFIED MAIL RECEIP1 {Domestic Mini Only. No Im;ur,1I1C" Coverage ProvIded! ruru Ot:l .t:I' t:I 00 ole r-'1r-'1 r=!ir=! l'11'rn PoIItIIG8 $ CertIIledFee RelUm ReceIpl Fee (~ f\eciulred) ReSt1'ICl8d DeIiV8IY Fee (EndonI8llIlIlI ReqiJlnId) USE PoslIT18Ik ~ 1llIlII PoStlIQe & F.- $ / U'l'U'l e I 0 ['sent/o INTERNAL REVENUE SERVICE e' e TECHNICAL SUPPORT GROUP r- r- ~::. WILLIAM GREEN FEDERAL BUILDING .......... .....n.... 600 ARCH STREET, ROOM 3259 .......... CIIy. SlIfe, pHILADELPHIA, PA 19106 EXHIBIT A ~ ~ t1efi4'lL ....f/I1( q{l "tl !'> ;-" . . . en ~ 0>1I>"tl~() cr Ii ~!~~~ "'::;0 ::I.~ 0 . n g~:fa 3 3 is' _:Ta~ <1>0'2, C.:l i~~I~ ~ i:f~c::;:!a ()) i't~ Q. -. ell ... :xl ell ..... 3 i = n>- t if II> 0 ::I '~ ~ ..... ~rI.lcn>-r- ~[!l~a~ ." i ~=;~= CIl R ig~!l&:" tT 2 I ;"!:lZ~j i13C.i~ III -< 2 eIl_~ ~ I\) >~ iO lliC.l~ 0 ....lll:j lll:j ~ ~8ltj~rI.l gSl! iR~ ~~!:~~ ' gg::! i~ ~r-o:s CIl-< :f-'8 t:=~n i ~ ; ~~ ~ \C~ t!!j ~ e "0 < - e 0 J i ~ 3 111 2 !! n UJ cn :n I:-' !l I:-' c:: 3 e i ~tfi p !II >< ~ e ::;:ji' a m. e riii: ~ e In! :e' N 3. ! I ~~ I 3. ~ I:-' l&' 3: 3: f.i -.. ~ !'~ ~ 111 ::l UJ ~ r 8: UJ i g~i !. f Q. ~ i [ IT" i'P3i .... 111 =- :n ~i ~i '5!. ~ ..... p -.) i ~ DO ~ 00 0 3: co t CD ~t 9. ~~ ~ g. l&' Q.~ ~ [ i I s f ~ 'IOd:l PllIOdY 01 p....JPPI IIIW 10 'lqlIlIAIIOU II UOIIIWO...I iIlA"IP OIII.llllIIIUJIIII 'lalRbl1 II DUIIIIW u.qaII IUIII.ld. pUlldl.lll.l I,ql tAlS :J.NYJ.HOcl'U 'If8W pw 8fIlqsocl 4IIM Iflq8J XUI8 Pw IpQ8p 'pepeeu Pill! JdleoeJ If8W Jl8YII.I80 ~. uo)jl'8WJSCld 811 '~.lOI eowo ISOd etA II! 810 -AJ8 EMIl W888Jd 8S88td 'p&.Il88P 81 idIaU II8W P8IJA.Ieo EMIl uo )!J8wi8Od 8 II . '.MMI/IIClP8IOIIlS8I:J. W8UIll8JOpU8 etA 11IM 908JCI1I8W EMIl )fJ8W JO )jJ8JO EMIl 8lII^PV 1U8II8 Il8ZIJOlIP18 8,881198JPP8 JO 88S88Jppe EMIl ~ P8Jl\4S8l eq Mw A.teAII8P 'lMij f8uomPPB U8 JO:j. 'P8JInbeJ 81 JdI808J I!en P8YIIJ8O .mo.( uo ~ esdsn 8 'IdIeoaI WI1l8J 8P/OUOIlP 8 .!OJ.I8/\f8M lllij 8 81\1808.I o~ .~ IdI8oii:i WIII8l:L, 80llIdPW 88JOPU3 '881 EMIl J8AOO at efI8Jsod ~Ierr 8IOIIJ8 EMIl at mee IWO:I Sd) =~ ~,==~eq ~~I:J~~U8J~. '1J8W ~ JO p&.Il18UJ J8PI8UOO 8888Id '88ICl8nI8^ JO:j '1I8W P8UIIJ8O lllIM 030IAOI:kI SI 39W3J\OO 30NWnSNI ON . "1I8W f8l.1Clf18W81U1 JO llII8JO U JO# 8ICl8If8A8lOU S11f8n P8fJIIJ8O . 1IJf8W ~d JO"f8n lllI8&JUl:IlIIM pelJlQWOO eq ^1NO A8w II8W P8UPJ8O . :&IfIPUllII8II ~1QJOduq lll8tM ~.IOJ 8OIAJ8S I8I8Od 8l.IJ All _ ,{J8AlI8P JO pJOO8J V . 808JduVW Jno.t JP,I J8fIIIU8PI enI:l!un v . PS Form 9800, June 2002 (RtwenIe) :S8P1A1Ud1iiW ~1;.r8; EXHIBIT A SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted DeliveFy is desired. . Print your name and add11lss on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: US ATIORNEY GENERAL US DEPARTMENT OF JUSTICE MAIN JUSTICE BUll..DING, ROOM 5111 10TH & CONSTITUTION A VENUE NW WASHINGTON, DC 20531 . . . . . ~ Sign~{J~ o Agent o Addressee B. ReceivAUG( PO~ 'tUU)O T C. Date of Delivery . D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No f.io- ,. r.- . 3iEType CertIfled Mail 0 Express Mail o Istered ~ ;;um Receipt for Merchandise o Insured Mail Ci'bQ.D. 4. Restricted Delivery? (Extr8 Fee) 0 Yes 2. Article Number (transfer from service label) . PS Form 3811 , February 2004 7005 3110 0002 1953 3758 102595-02.M-1540 Domestic Return Receipt .. . · ~ompJete items 1, 2, and 3. Also complete Item 4/f Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: USA, US ATIORNEY US DEPARTMENT OF JUSTICE FEDERAL BUll..DING 228 WALNUT STREET-P.O. BOX 11754 HARRISBURG, PA 17108 2. Article Number (Transfer from service label) "'PS Form 3811, February 2004 o Ii" t 'f - "'0 0 rr "!(,N ON fJEllVr flY _0 Agent o Addressee C.Qa1DttIlVery D. Is delivery address dlffer8ntfrom Item 1? 0 Yes If YES, enter delivery address below: 0 No Service Type Mall 0 Express Mall o Registered ~~m Receipt for Merchandise o Insured Mail Otb.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 3110 0002 1953 3772 Domestic Retum Receipt 102595-o2-M-1540 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP WILLIAM GREEN FEDERAL BUILDING 600 A.I.IeII STREET, ROOM 3259 PBILt\MLPHIA, PA 19106 2. Artlel (Tran. -PS Fon ~lceType eel Mali~ Express Mall o ~etum Receipt for Marchandis o Insured Mall 0 C.O.D. 4. Restricted Delivery? .(J;xtra Fef3) 0 Yes EXHIBIT A 12595-o2-M-15< Option One Mortgage Corporation VS Diane DeFrank and Jeffrey Defrank In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3941 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 10:45 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Diane DeFrank and Jeffrey Defrank, by making known to Jeffrey DeFrank, personally and husband of Diane DeFrank., at 1420 Wellgate Lane, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 10:45 o'clock A.M., he posted a true copy of the within Real state Writ, Notice, Poster and Description, in the above entitled action, upon the property of Diane DeFrank and Jeffrey DeFrank located at 1420 Wellgate Lane, Mechanicsburg, Pennsylvania 17055 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: Diane DeFrank and Jeffrey DeFrank, by regular mail to their last known address of 1420 Wellgate Lane, Mechanicsburg, Pennsylvania 17055. This letter was mailed under the date of July 14, 2006 and never returned to the Sheriffs Office. ;~:..~~ . ~ R. Thomas Kline, Sheriff BY ik~mJjj, Real Estate ergeant EXHIBIT B _.. . _.. -- r UDRBN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor NO. 03-3941 Civil Term Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August 4, 1006 xxxxxx xxxxxx TO: USA, US Attorney US Department of Justice Federal Building 228 Walnut Street-P.O. Box 11754 Harribsurg, PA 17108 EXHIBIT B \ " " ~ ~ ~ --- - tr tr 1i011iO 1"-1"- rnrn rnrn U"lU"l trtr MM ruru - _00 -=00 00 00 - M' M _ M r-"I rn,rn l<i o .. ~ o Oc: ,,~go ~_:Di% ~~~% ';IlO~r- :;;(.oc>~ 'j:OOz. f:~~~ .ZmO~ c.-~:110 sa~~m '<:; 0"" . g );! ().:o (i)O",O Z' ~ ::I:ltItvCd III . tv tn . IiOo:>{J) Ii' ~ . 1-'. ~ (\) )I ID o:l III "0 . trOl-'Ill- ~~g~d I..QI-'rtatn - I-' (\) ...,J{f)lj~ tt:lU1rtrtrt ~,I:>.t; rt (tl 0 0 I-' (tl l-t\ Ii ...,J rt lj I-' C4(\) o ~~ 0:> Ul rt 1-" (1 (\) ;~ ,\.. . .S> ~I'. \~\ ~ ~"\ ~"?\ , ..'I> \ I { I ..', ~ l.-JI;. lIrllrltlt~I\'I\'~1t~'l''''lt, - LJ1' \.0 00 0'0 f'-I"- POlIl8l18 $ cellIft8Cl Fee ~ ~ TolIII PCl8lIIll8 11& F8lIll $ o USA, US ATfORNE ~... US DEPARTMENT OF JUSTICE ................ orPG:: FEDERAL BUILDING CitY:'. 228 WALNUl' STREET-P.O. BOX 11754 ..---.......... ~BURG, PA 17108 pgsIlnlIIk HertI EXHIBIT B iliff! ?1! ~ 1~ 3 '" i (.l) ~% \ ~~ .... -i \ c ~ ~ 1 \ ....l \~ ':P ~ 3 I .. ~~'SCC ~.~~e~~ ~~~~ ~~~~~ ~~t"~~ i~~~~ ~rJl~~% ~\~~~ ~ ~o;<. ... ~ S~ ~ 9 ~ ~ ~ ~ ~ ... ':i ~ u.l ~ \iW ; \\~h: u.l i P ~ ~ i" ';!, .J1' it ~ ~ \ , \ ~ ()a,ffa-n IC- ~ ... ,. o~\Il"tl;:i:C) ~ ,",~O:l.~O .. ~ olliq.;a.-;>3 s ;:) ~ &< ~"O \~...;~%i CD ;r. CD ... ::13 CD ~\~\\t 9. \Il~~~~:>' "i s3 0. i,!'3 ~ i~%.~t '\ ~~ i~ ~ ~9.a~iP~ . ~o;.i<8 3.l i i% 8' ;."0 -6' 2:. Ci J \ ~ 91 \ ~ !2. ...... \l S i i 9 %'Ilf )\ \\ zl \\ \~ ." ~ -:> P ~ 00 2. -g, ~ \ i~ 00 it 'IO.:1'U. SQ6l'4 0' ,I"est'. u G ..I". ,IUII,II\ ,,..... ...."""... " ~::.;J..s :}II'IJlIOoI1" 0""""''' ......_U~r .- ._.....~ .....m .....~~ ~ ...~...=r-.... ~:;;;-~ 8l.\\ l'! 8\0 __::;0:;;0" .. --=-.,.!:l.o-;O"~'" ~~.-... ...-..~....'=""~~ ......~..._.,_...~~.. ..... ., ~ ..... ~ .. .;;:t;r ..~""~......~_.~oii<>o'2 ~ :::s~~~~~~~ U1~J~}l'!lO\~~~'''~'''''' · ....--~.......- - ~~~ ::r;;:r:::~ ~ OK' .... ..... ~ ~..-....................."......, : --:",-.....,..... ...................,~ ........... _........."'....~..:::::;:.~ ' ~)(\OAJOl..~p 8._ ~u...\I-:;;'" .._---..- ~\I"""" EXH\B\\ a . Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front If space permits. 1. ArtIcle Addressed to: .. USA, US ATIORNEY US DEPARTMENf OF JUSTICE FEDERAL Bun.DING 228 WALNUT STREET. P.O. BOX 11754 HARRISBURG, PA 17108 o Agent o Addressee i, I ~ ( .,C.. Oate of Oe!lvery D. Is deliveIY adcIIess different from item 1? 0 Yes If YES. enter delivery address below: 0 No 1iice Type rtlfled Ma 0 Express Mail o isterecI ~:X~ Receipt for Merchandise o Insured Mail ~ 4. Restricted De1iveIY? (Extra Fee) 0 Yes 7005 3110 0002 1953 3789 2. Article Number (TIansfer from service label) PS Form 3811 . February 2004 l Domestic Retum Receipt 102595-02-M-1540 EXHIB'T B ------------ 1 , , It ~~ t\1 -:t,' (/)\1- 'tJ co., '0 % ~~ (I) u.. 'i- II> .., io~ ~ex:' Jl~"'O '; ex: \I- ea~ ! ! ~ ~ '1\.... g.."'Oo "'~c \\1 ~\~~ lS~,% ~~- ~~m Q,.C - . -. ~ i\ ~:.;, - " .' .: I ],?; . -~ L,,: 'I\}\::~ . ''<,.i.'" ,.,. '<': ,--,",.-' ..;;. I g ~\\ \ ~s- ~ \!ll ~.... ~ ~\,.. tt: %l~l!~~e. ... 'i 11' \\~.!n o CEO'-! 0 - \ \ \ \ \ \~'.~........'.".;..-..;'..;.-".... ...........'...... . ..~q.i..~.~, \~~ I-- g i \il~ i ~ll, ~\6C ~ "$ 'i 0. '5'i lr- \~\~ ~ it. 0.- ~ ~ ~ ~ 'i ... ~ Ul S. ~ ~ o ,... 0. ,~ . \&I. ~."9 <it cg Q~ ..1: ~ ~.... o.p~,~Ul i '1; ~....tg ~ ,ifi 'g- t. <':>11: - 7..' - tta';~ \ i '6(;)~..i II> ~:l ~:~i~ t i~ '5.~.~.~. .~ ~~ \ %,(,)atc; ll) (/)::s: wg~~ i '::J_"; 11:. a ~ ~ % '" '{!. 0.,. ~ #" (/) .... ~7'~'" '::J.... II. ...~ \, .... c& i .- ~o \\~ ''''' ~ ~3 ~ "0 ... '" ~ Iii % g ~(J).~ 0. tll<<& ~.a.~ ll) \01 \ cD t- O) \01 !"2:o c \(1) \. Itl \".':i - , \'t. 9,~ ~~\\\\ \~\!.l\ \\1\ \\ - li\i~\ ~ \\!!.l ,\\U~ 'i\~ ~,.. h\\\\ \1 '{ i~ :s\\l~\ \ l~ ,\ \ ~$ .~8l "\N1 'i 'til-;; '6 'ai~,",~ t\~~~ ~ \~~. ~~ \ ,!! \l~ '6 .. "0 'a ~ -l"O't ~! "0 ~=:. %$.\ \\\\\1 T 1~.. ~..' .1\ \. 01 ~~~tl \ \ ~ ('N " .' '0\:.0- ~..,~~{\"l:!:l. .~ ~;..~~..\ .~ .~ J' 1 "\ a: '0 \ ~ a; 0. i 'tJ 5 cg 0. c G) Do ~ "0 Do =i CD ~ t - ~ ... i ... \. ~ 1; l l () ! ... :l ~ e ~ u.. \. - l~ 0..... ~ f --.... ' !ia ~ · \'i\ ~ ~ l- ~ ~ -i u- S tQ E. .... o u- (J) 0- - \ 0.... \t - __ ~.P -a'i Itl ~ "IQ ..~_.,...\. ~,r \~ l- ";! ~ ~ ~ 0 - \01 \(1) \1"" 1"" \1"" \.... ~H'err e UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor NO. 03-3941 Civil Term Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August I, 2006 TO: Jeffrey DeFrank, MOrtgagor Diane DeFrank aka Diane D. DeFrank c/o Robert D. Kodak, Esquire 407 Front Street P.O. Box 11848 Harrisburg, PA 17108 xxxxxx xxxxxx ES, P.C. By: Mark J Udren Attorney for Esquire laintiff EXHIBIT B , c. ~IIl>OOOc.. $I) 0 - 1-" 1-'" (\) ti-30\ll$l) \""I ti t:S t:S \""I 1-'" ~ ';0 (\) (\) ti Ul'6g.00~ ~ t:1(\l' (\l ti('tti ~C \0 ('tOti(\) _ ID (\l \ll ~ ('tO~t:Sti It! ti . ti 1;" ~ ~~~~\ll'{l I-' ('t 0 1;" - - -3- p.. ~ I-' pi _'3 o It! 1" \llC a:>'- r. ?\1l f Ul ~ o:l .Q ~ O~ C ~ 1-" r ti I-'(\l I-' a:> Ill> O:l IT' rn t'" t'" ..11 ..D rn rn IT' rn \.ll \.ll tr tr ~ ~ ~.I \1.1 \1.1 ()ellIllI81l t'eI 0 0 0 0 ~ 0 0 0 0 ~ ~ ~ ~ ~ 1'1' rn '\"011II p(l8I8Q8 .. feIIlI \.ll \.ll 0 0 0 0 t'" t'" ---- ~ (]) Oc. _010 q~~::II I%~~ ~O-.r- ~OO~. ~~~~ -~ ~ ~ 5 %~~~ ca~o:O r - ~ - '-- - ~ ~ ~ -- - - ~~~" ~r " ~ ',/::\'"' c: ' G) ';;~\,~ -~i <::> . 1.~c ~~.?j ; .... r ..!~r/: ~ ~. r~~~ 2~~~ t~"~ ~t~' ~ ~tti ~; l~~ ~~ > H.~ ~ ;~"! i 11/ HJ ,_ --:;t ~. 1lr.~:rf>\'-~l\'"Jt~ltlt;, '7 ~ l'\el8 .....-...-....-..-............... EXH\B\T B i/dd ~ . . . '"0 '!'> ~ ~~'81i% (J) \ ""1 i ~\i~~l ~ ~ \. ~ ~~% (.l) ~ \ \ \\\ n\ ~ ~ ~~~~~<<; .... \ ~....O~~~ "" ...."'\.." " 9. \ o\i~~ ~ ~% l:li~ I ~ ,.,,' "'i it g. 'A. i:.~ ~ ,.l:l" - ~l:l~\~ ,\CD'~~ ~ ; r\ \" \ ~f\' -.. ~9.\o\ll'i ....- ... ! ~~!'" .. t'\ Y'to~t ? \!il ~ 3tt % ....l 1II~ III ,"\"1 ~ .... ? 0 " \ ...." 0 .... '" U'I .. ... u.l \ ~ ~ 9 \U 0 \ir~ \ :;'Ilf \ 0 ~\ 0 0 !. nJ P i~ \\ !2. ~ \ I ..J1 U'I \\ i u.l 'If i u.l tf" i \\ ....l u.l \~ ~~ p ... ..:l i 00 ... ~ 00 \ 0 \ it 9.\\ t ~ .. ~ !. ~ .,Oll:l ,0' SQ6lV 0\ ,,,,11'''' "UI~ . 0\ ...... \tUll\Il ...... """",,,,1~ ~ - :1I\'l1Jlllolll ................ ~ u __---~..... ~ .~,-~~\fA8\~r:~ itsVtJ ~-~~ ""-,,,,_!l" .... ,.......~~.....-o--...--. .. "",--- .~~ ......~...",..~r:~r::-,.,;;;.... "" .,~ ..... .....- ~ . ~.......~_.~~ ~'=~~~':.~,...~~ ~~l"!!~~~~~"'''' ..pll6-"' ~"'~~~~ - ---""'" ::~...~ ~ .... __ .---J.:-_.._........................... . - -":"'..:::----- .............. .....,~ ...........-_..."'....~::: ~1f'PAJQl . ~.1lU\\\l ..___.....- ~ IfItIlfl E)lH\6\1' e . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jeffrey DeFrank, Mortgagor Diane DePrank a/k/a Diane D. DePrank c/o Robert D. Kodak, Esquire 407 Pront Street, P.O. Box 11848 Harrisburg, PA 17108 2. AftIcle Number ntansrer from service I8beI) PS E1mn 3811, February 2004 o Agent o Addressee B. Received by (Printed Namel.r;, ~. ,~.IIVery D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Selvice Type ~CertIfied Mall 0 Express Mall o1\8gistered 'lS..Betum Receipt for Merchandise o Insured Mall 0 C':b.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 3110 0002 1953 3b?J 102595-02-M-1540 Domestic Return Receipt EXHIBIT B U\\\1 \'\11~ %\1\\\ '--is!!l ~\!Ul .igl'o \\~ \; .,.-"1. ~a \\\\1\ lltl\~ \\\\r- \h\~\ 'a \ \11\1 a-%l6!lil .,. ~ o.~ :2'~ l~~iii !l 'h~\~ a ....'-. ~~"'6 ...t ~~~!\\\\ ~~/' " ~i\~'\ , '... I... ..~".,. I... ':a .'.~ 8't.li \"Me'- ..' .. ~ ~ '" ,~:::- . . F:2 4 '"~" ~"A$:~~ &\ 'O~;. J . ".,,~;".'%.''''' .~ ~,1J ~ -- .... 1 "6 t III ~ ~ 0.. i:~ ~ .s ~ r<.... ibl ~~'; ~;t GS 2 .P i ~ 0..__ ~ \\ - \ ~:6 '5 ,!"i u.. ~~ w.. . i u..~ ~GS ii :t:i criU. ~ ~ -..:~i '5 ~ .~ en u. l~~ ~ . 9! ~"5 ~ cc: i "" _ _" cr: u. Q)~ ~ !!~ a c.o'3 "l~ ~il ~l.~g ;~;a t ~~ ~8~ ctO 1~ 9!.' ~10 ~ 'e! :> 9!.<Il- ~ 'e- o lll~ :a ",".!~~ i- - cA .! c: 't6 to ~ ~1..1~'i~ \1~1 .Jf. !!~.~l& ~156\~ j: { ........ ...., '. . ....\~"7.:-.:..:~~"~::\ ~\~~' ~. . t::s;~>e - .~~~ ~ 15 o :e.. lJ $ lQ)~ u. ~\.~\ !~~~ o~OO t 8 0.. .' "i i"i 'i tlsl... OOOu c:i-ai c>>C>> iJ:l adl Cll\ ~u. ~'O8 !...- u. . l'- c>>i"- ow,", ~~ 0... 6"'B~ al$::Zo. ~ o,o'C: i<:! il~ u.o.... c>>o"- o\S f... . ~~q ...,00.. '" ~ t '" t9 ~ g a '8 -So >' 0.. .w \Il ~ q~. ..!l III 0.-0- - ui~Oit\ll " U1 0.0 -, ... (,)1:," ~ tn \g~~~ \ ;i\! ~ z,go>ct t ,&o~m z g~~~ ffi ~ 'S ~. c>>!~ ~ .... ~ i '<5. e ~ 1 ~o ~ ~':Stt. ~ i3 ~ ~ ~1Il~ %~ S j: Cll~~ Q)--~ E~ ; 0 .,... c-I (I') ~ It) ~oi(o co 0> ..- ..... ..- ..... ..... ..... ..... c-I (I') ~ It) lD I'- ~- i 0. i Do :a CD ... o )l. .s ~ ~ l ,.. ... ~ 1 .! t 8 CD J:j \ $ E ... o u.. EXH\6\T 6 -7 ::=i -<. r-,,;) c:::> c:::J C.:~""'\ o -1"\ ....-\ :r:.." ,11- e: -t~~ \ " -.(; CJ i':) IL, ",..' -':':~t - \1 ( . .......~.. ~:: f.f1 ,~) --\ ):> ~ en rn -':J , CtJ -'"'t.'" ~.. '^:': ..a:- 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 Sheriffs Deed in which Option One Mtg Loan Trust 2002-2 Trustee is the grantee the same having been sold to said grantee on the 26th day of December A.D., 2006, under and by virtue of a writ Execution issued on the 31st day of Mav, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3941, at the suit of Ootion One Mtg Corp against Diane aka Diane D & Jeffrey DeFrank is duly recorded in Deed Book No. 278, Page 528. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c:2 G day of f).J2.C. ,A.D~~' ~~-..c...., CIIMl '" My CcnIiialon EJpINe lie FIrIt MondaY 01 JIn. 2010 Recorder of Deeds Option One Mortgage Corporation VS Diane DeFrank and Jeffrey Defrank In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3941 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 10:45 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Diane DeFrank and Jeffrey Defrank, by making known to Jeffrey DeFrank, personally and husband of Diane DeFrank, at 1420 Wellgate Lane, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 10:45 o'clock A.M., he posted a true copy ofthe within Real state Writ, Notice, Poster and Description, in the above entitled action, upon the property of Diane DeFrank and Jeffrey DeFrank located at 1420 Wellgate Lane, Mechanicsburg, Pennsylvania 17055 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 ofthe action to the within named defendant, to wit: Diane DeFrank and Jeffrey DeFrank, by regular mail to their last known address of 1420 Wellgate Lane, Mechanicsburg, Pennsylvania 17055. This letter was mailed under the date of July 14,2006 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 September 6, 2006 at 10:00 o'clock AM. He sold the same for the sum of$1.00 to Mark Ddren on behalf of Wells Fargo Bank, N.A, as trustee for Option One Mortgage Loan Trust 2002-2 Asset-Backed Certificates Series 2002-2. It being the highest bid and best price received for the same, Wells Fargo Bank, N.A, as trustee for Option One Mortgage Loan Trust 2002-2 Asset-Backed Certificates, Series 2002-2 of6501 Irvine Center Drive, Irvine, CA, 92618 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$987.57. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer $30.00 19.36 15.00 15.00 30.00 10.00 Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers: 1.00 13.20 15.00 30.00 407.00 318.20 19.31 25.00 39.50 $ 987.57 ..:s3l1'",,,,..r"."')./. . /'-;::/ or ~~~< ~,P~ .~~ . R. Thomas KlIne, Shenn --.-="<--? ~. ~ BY.JC~ Real Estat ergeant ,0" ./ I.I(P~ 6eeA (l.JI- 0000 .-11)'0 21\.0 6lP' .\ ~ tpr1'1' (l,~ It i0'\ ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1420 Wellgate Lane, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Diane DeFrank a/k/a Diane D. DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last tecorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. PNC Bank NA 500 West Jefferson Street Louisville, KY 40202 c/o Frank Federman, Esquire 2 Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Harvey Hoffman Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 1420 Wellgate Lane Mechanicsburg, PA 17055 Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 I verify that the statements made in this affidavit are tru and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject 0 the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn fals'fication to authorities. DATED: May 30, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant(s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane DeFrank a/k/a Diane D. DeFrank c/o Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA , to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 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 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Diane DeFrank a/k/a Diane D. DeFrank Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Defendant{s) NO. 03-3941 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey DeFrank, Mortgagor 1420 Wellgate Lane Mechanicsburg, PA 17055 Your house (real estate) at 1420 Wellgate Lane, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 AM in the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA , to enforce the court judgment of $369,577.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL TE.;:'.T CERTAIN TRACT OF LAlID SITUATE IN LOWER .:;LLEN TOWNSEIP, CDMBERLAND COUNT!, PENNS7L-~-ANIJl., AlID DESCl".IBED .;'CCORDING TO A FINAL SUED.!. VISION PLAN PREPARED 3Y :crARTMAN A:ND ASSOC::"~.TES, ?..EGISTERED PROFESSIONAL ENGINEERS, c..U1P !UI.L, ?ENNSYL'vAN!:A, DATED NOVEMBER 1, 1995, A..."ID LAST REV'ISED FEBRUAP.Y 15, :'.996, .AND ?..ECORDED IN PLAN BOOK 72, PAGE 125, AS FOLLOWS, TO WIT: BEGINNING .;'T A POINT ON TEE SOUTHEAST SIDE OF WELLGATE LANE AND A CORNER OF LOT NO. 5 ON SAID PLAN; TEENCE EXTENDING ALONG SAID LOT SOOTB 16 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.66 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF JOHN' E. RUPPERT, SR.; TEENCE EX:':'ENDING ALONG SAID !.AND SOUTH 15 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 183.72 FEET TO A POINT AT A CORNER OF LANDS NOW OR LATE OF ELMER ::;. KLINE; THENC:!!: EXTENDING ALONG SAID LANDS AND CONTINUING NORTH 74 DEGREES 36 MINUTES 00 SECONDS WEST, A DISTANCE OF 62.11 FEET TO A POINT; THENCE CONTINUING NORTH 67 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANC:!!: OF 175.00 FEET TO A POINT AT A CORNER OF LOT NO. 30N SA.-n PLAN; THENCE EXTENDING ALONG SAID LOT NO. 14 DEGREES 45 MINUTES 19 SECONDS EAST, A DISTANCE OF 143.63 FEET TO A POINT ON THE SOUTHWEST SIDE OF WELL GATE LANE; THENCE EXTENDING ALONG SAID LANE ALONG A C'JRVE TO TEE LEFT HAVING .r... RADIUS OF 330.00 FEET, TEE .;.RC DISTANCE OF 177.1.4 FEET TO THE POINT AJ:m PLACE OF BEGI:NNING. 3EING LOT NO.4. CONTAINING 43,389.77 SQUARE FEET. SUBJEC'::' TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF RECORD. BEING KNOWN AS: 1420 WELLGATE LANE MECHANICSBURG, PA 17055 PROPERTY ID NO. : 13-11-0270-051 TITLE TO SAID PREMISES IS VESTED IN DIANE D. DEFRANK, A MARRIED WOMAN BY DEED FROM JEFFREY A. DEFRANK AND DIANE D. DEFRANK, HUSBAND AND WIFE DATED 2/8/02 RECORDED 2/22/02 IN DEED BOOK 250 PAGE 2355. WRIT OF EXECUTION ~rrd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3941 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From DIANE DEFRANK AIKIA DIANE D. DEFRANK, JEFFREY DEFRANK, MORTGAGOR (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $369,577.47 L.L. Interest FROM 2/5/04 TO DATE OF SALE 9/6/06 - ONGOING PER DIEM OF $77.86 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $73,499.84 Atty's Conun % Due Prothy $1.00 Atty Paid $875.75 Other Costs Plaintiff Paid Date: MAY 31,2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCRESTCORPORATECENTER 111 WOODCREST ROAD, SUITE 200 CHERRY fiLL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ill No. 04302 ~ 4..<( 4..c...: ->-= [51- ::c 2:' en =. U_! ::c I-L::, u ~.~ 6<< Lw-- 0;-: kQ lL '"" o~ c..) Real Estate Sale # 77 On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1420 Wellgate Ln., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 06, 2006 By: J6til AI\~ Real ~~~ Sergeant r- '" 0- <[ N , ~ => -, ..Q = = ...... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 NOTARIA SEAL LOIS E. SNYDER, Notary Public j Car!i';le Boro, Cumberland County I f Cnrrrr!!SSion t=:'(Pfrpt~ r\:';nrGh 5, 200:1., ~,,,,''''''n...'',,~~1I7'"'~_''''"''''''''''''-'-''''''''''''' ...,_.....-.w=-,'~__..,.."..". ~.:"o....., REAL ESTATE SALE NO. 77 Writ No. 2003-3941 Civil Option One Mortgage Corporation vs. Diane DeFrank a/k/a Diane D. DeFrank and Jeffrey DeFrank Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, and described according to a Final Subdivision Plan prepared by Hartman and Associates, Registered Professional Engineers, Camp Hill, Pennsylvania, dated November I, 1995, and last revised February 6, 1996, and recorded in Plan Book 72, Page 125, as follows, to wit: BEGINNING at a point on the southeast side of Wellgate Lane and a comer of Lot No. 5 on said plan; thence extending along said lot South 16 degrees 00 minutes 00 seconds East, a distance of 60.66 feet to a point at a comer of lands now or late of John H. Ruppert, Sr.; thence extending along said land South 15 degrees 15 minutes 00 seconds West, a distance of 183.72 feet to a point at a comer of lands now or late of Elmer J. Kline; thence extending along said lands and con- tinuing North 74 degrees 36 min- utes 00 seconds West, a distance of 62.11 feet to a point; thence con- tinuing North 67 degrees 45 min- utes 00 seconds West, a distance of 175.00 feet to a point at a comer of Lot No. 3 on said plan; thence extending along said Lot No. 14 de- grees 45 minutes 19 seconds East, a distance of 143.63 feet to a point on the southwest side of Wellgate Lane; thence extending along said lane along a curve to the left having a radius of 330.00 feet, the arc dis- tance of 177.14 feet to the point and place of beginning. Being Lot No.4. CONTAINING 43,389.77 square feet. Subject to easements, conditions and restrictions of record. BEING KNOWN AS: 1420 Well- gate Lane, Mechanicsburg, PA 17055. PROPERlY ID NO.: 13-11-0270- 051. TITLE TO SAID PREMISES IS VESTED IN Diane D. DeFrank, a married woman by deed from Jef- frey A. DeFrank and Diane D. DeFrank, husband and wife dated 2/8/02 recorded 2/22/02 in Deed Book 250 Page 2355. Ill" ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the 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 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. 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 du1y authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #77 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 }'.