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HomeMy WebLinkAbout07-3793UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 pleadings@udren.com U.S. Bank National =COURT OF COMMON PLEAS Association, as Trustee for :CIVIL DIVISION the C-BASS Mortgage Loan Asset-Backed Certificates, :Cumberland County Series 2006-RP2 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Alan K. Miller Sherry J. Miller NO. 3793 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center I11 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 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: Ameriquest Mortgage Company Assignments of Record to: U.S. Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1367 Zimmerman Road MUNICIPALITY/TOWNSHIP/BOROUGH: Monroe Township COUNTY: Cumberland DATE EXECUTED: 4/12/06 DATE RECORDED: 4/26/06 BOOK: 1948 PAGE: 961 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 6/8/07: Principal of debt due $134,453.85 Unpaid Interest at 7.75% from 1/1/07 to 6/8/07 (the per diem interest accruing on this debt is $28.93 and that sum should be added each day after 6/8/07) 4,599.87 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $171.41 and that sum should be added on the first of each month after 6/8/07) (205.92) Late Charges (monthlyy late charge of $58.13 should be added in accordance with the terms of the note each month after 6/8/07) 232.52 Attorneys Fees (anticipated and actual to 5% of principal) 6,722.69 TOTAL $146,408.01 * 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 $146,408.01 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 Litton Loan Servicing LP P.O. Box 9010 Temecula, CA 92589-9010 Send Payments To: Litton Loan Servicing LP Attn: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 Send Correspondence To: Litton Loan Servicing LP Attn: Customer Assistance Response Team 4828 Loop Central Drive Houston, TX 77081 dIII?I?IIIVlll?0111Q1 7113 .zs, 1472 309 z:,s SHERRY MILLER 1367 ZIMMERMAN RD CARLISLE, PA 17015 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 20070409-80 0 EXHIBIT A TM Litton Loan Servicing 41912007 YOUR HOME FROM FORECLOSURE SHERRY MILLER Sent Via Certified Mail 1367 ZIMMERMAN RD 7113 8257 1472 3609 2295 CARLISLE, PA 17015 ACT 91 NOTICE TAKE ACTION TO SAVE This is an official Notice that the morteaee on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (IIEMAP) may be able to heb save your home. This Notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WTTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counsellne Agency. The name, address, and phone number of Consumer Credit Counsellne Aaencles service your County are listed at the end of the Notice. If you have any questions, you may call the Pennsvlvania Housina Finance Agency toll-free at (8001342-2397. Persons with impaired hes nu can call (717) 780-1 S69, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseing Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VTVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDEMM SU HIPOTECA. 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 999-8501 Fax (713) 966-8906 www.httonloun.com f N.• HOMEOWNER'S NAME (S): Sherry Miller Allan Miller PROPERTY ADDRESS: 1367 Zimmerman Road Carlisle, PA 17013 LOAN ACCT. NO.: 15951783 ORIGINAL LENDER: Contact Litton Loan Servicing LP CURRENT LENDERISERVICER: Litton Loan Servicing LP 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 -ACM, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDrr 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 your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your "face-to-face" meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TMIE 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. 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 Bled bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Briny it uy to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1367 Zimmerman Road 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: 2!1/2007 through 4/1/2007 at $1,140.26 totaling $3,420.78 Other charges Late charges $116.26 Deferred late charges $290.65 NSF charges $0.00 Deferred NSF charges $0.00 Suspense balance $877.93 TOTAL AMOUNT DUE AS OF THIS DATE $2,949.76 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Cure the default. 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 $2,949.76 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, or money order made payable and sent to: Litton Loan Servicing LP Attention: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 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 mortgaged property. IF TIFF' MORTGAGE T FORECLOSE UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee 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. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. K i ' f TO CURE THE DEFAULT PRIOR O 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 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 Sheriffs Sale of the mortgaged property could be held would be approximately 6 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 cause, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: LITTON LOAN SERVICING LP Address: 4828 Loop Central Drive, Houston, TX 77081 Phone Number: (800) 999-8501 Fax Number: (713) 966-8906 Contact Person: Default Administration Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you 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 - Under the terms of your mortgage and note, it may be possible to 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. 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Acorn Housing Adams County Interfaith CCCS of Western PA 14 S. 13th Street Housing Authority 2000 Linglestown Road Harrisburg, PA 17104 40 E High Street Harrisburg, PA 17102 717.213.0150 Gettysburg, PA 17325 888.511.2227 717.334.1518 Community Action Loveship, Inc. Maranatha Commission of Captial 2320 North 5th Street 43 Philadelphia Avenue Region Harrisburg, PA 17110 Waynesboro, PA 17268 1514 Derry Street 717.232.2207 717.762.3285 Harrisburg, PA 17104 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Ram IA. A Litton Loan Servicing LP P.O. Box 9010 Temecula, CA 92589-9010 Send Payments To: Litton Loan Servicing LP Attn: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 Send Correspondence To: Litton Loan Servicing LP Attn: Customer Assistance Response Team 4828 Loop Central Drive Houston. TX 77081 7113 8257 1472 3609 2318 ALLAN MILLER 1367 ZIMMERMAN RD CARLISLE, PA 17015 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 20070409-80 a`k euifto-n Loan Servicing 4/9/2007 YOUR HOME FROM FORECLOSURE ALLAN MILLER Sent Via Certified Mail 1367 ZIMIl lERMANRD 7113 8257 3472 3609 2318 CARLISLE, PA 17015 ACT 91 NOTICE TAKE ACTION TO SAVE This is an ofi "Notice that the morteaee on your home is in default= and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice exDlains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITBIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions you may call the Peunsvlvania Housing Finance Agency toll-free at (800) 342-2397. Persons with impaired hea i= can all (717) 780-y 969 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE ELAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA ILAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDEVIIR SU HIPOTECA. 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 999-8501 Fox (713) 966-8906 www.httmloan.com O'k HOMEOWNER'S NAME(S): Allan Miller Sherry Miller PROPERTY ADDRESS: 1367 Zimmerman Road Carlisle, PA 17013 LOAN ACCT. NO.: 15951783 ORIGINAL LENDER: Contact Litton Loan Servicing LP CURRENT LENDERISERVICER: Litton Loan Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telenhone 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 your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your "face-to-face" meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND 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. 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 Brim it uD to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1367 Zimmerman Road 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: 2/1/2007 through 4/1/2007 at $1,140.26 totaling $3,420.78 Other charges Late charges $116.26 Deferred late charges $290.65 NSF charges $0.00 Deferred NSF charges $0.00 Suspense balance $877.93 TOTAL AMOUNT DUE AS OF THIS DATE $2,949.76 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Cure the default. 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 $2,949.76 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, or money order made payable and sent to: Litton Loan Servicing LP Attention: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 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 mortgaged property- IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee 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. 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A Notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: LITTON LOAN SERVICING LP Address: 4828 Loop Central Drive, Houston, TX 77081 Phone Number: (800) 999-8501 Fax Number: (713) %6-8906 Contact Person: Default Administration Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note, it may be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Acorn Housing Adams County Interfaith CCCS of Westem PA 14 S. 131h Street Housing Authority 2000 Linglestown Road Harrisburg, PA 17104 40 E High Street Harrisburg, PA 17102 717.213.0150 Gettysburg, PA 17325 888.511.2227 717.334.1518 Community Action Loveship, Inc. Maranalha Commission of Captial 2320 North 51h Street 43 Philadelphia Avenue Region Harrisburg, PA 17110 Waynesboro, PA 17268 1514 Derry Street 717.232.2207 717.762.3285 Harrisburg, PA 17104 717.232.9757 PHFA 211 North Front Streel Harrisburg, PA 17110 717.780.3940 800.342.2397 r•- "? t. wXei V E R I F I C A T I O N 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. L Mark J. Ud en, ESQUIRE UDREN LAW OFFICES, P.C. 44 N I OV SHERIFF'S RETURN - REGULAR CASE NO: 2007-03793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS MILLER ALAN K ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MILLER ALAN K the DEFENDANT , at 0907:00 HOURS, on the 13th day of July 2007 at 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 SHERRY MILLER, WIFE was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 BJt?5?0-7 .00 39.52 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/16/2007 UDREN LAW OFFIC By. /Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR +r CASE NO: 2007-03793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS MILLER ALAN K ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MILLER SHERRY J the DEFENDANT , at 0907:00 HOURS, on the 13th day of July 2007 at 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 SHERRY MILLER was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 YIb4lb1 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/16/2007 UDREN LAW OFFICES By. eputy Sheriff A. D. 14 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. €NO. 07-3793 CIVIL TERM Alan K. Miller Sherry J. Miller Defendant(s) 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: August 14, 2007 BY: M4ry J. Udren, Esquire At1+-/ornev for Plaintiff s V E R I F I C A T I O N 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 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. Date b 7 /GW- Aix Name : Diane Dixon Title. Company : ASST. VICE PRESIDENT Litton Loan Servicing LP Attcmey in Fact Alan K. Miller Sherry J. Miller Loan #15951783 MJU #07060223 C> r-? ° n C? ? ._.., __ ? -?? ?:. ,? ; i? /.) ._ Jr'' _ `-'i / ^? ? d ti } { Z i.?__ ` ?" -? f`J •? ....; e ;r• 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County 4828 Loop Central Drive Houston, TX 77081 :MORTGAGE FORECLOSURE Plaintiff V. Alan K. Miller `:NO. 07-3793 CIVIL TERM Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Alan K. Miller and Sherry J. Miller for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 6/9/07 to 8/14/07 Late charges per Complaint From 6/9/07 to 8/14/07 Escrow payment per Complaint From 6/9/07 to 8/14/07 $146,408.01 1,938.31 116.26 342.82 TOTAL $148,805.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. / FFICES, $/.C. Z1• LJC U . VULCll1 nowulm? A torney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : 8 f NI"07 /PRO PROTHY UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CBERRY BILL, NJ 08003 856-669-3400 flleadiac ludren.cam U.S. Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006- RP2 Plaintiff v. _ s Alan K. Miller Sherry J. Miller Defendant(s) TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 DATE of Notice: August 3, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3793 Civil Term INPORTM NICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING 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, LISTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTI ACT, THIS LAW rim[ IS DEX11ED TO HE A DEBT COLLECTOR AND tr S IS AN ATT TO COLLECT A DEBT. ANY SA j INFORMATION OBTAINED WILL BE USED TEAT PURPOS . Podckvcst en,s re Corporal Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAMP 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 856-669-5400 ATTORNEY FOR PLAINTIFF U.S. Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006- RP2 Plaintiff V. Alan K. Miller Sherry J. Miller Defendant(s) TO: Sherr J. Miller 1367 Lmmerman Road Carlisle, PA 17013 DATE of Notice: August 3, 2007 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3793 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, LISTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 / NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACT ACT, THIS LAW FIRM IS DEEIPED TO BE A DEBT COLLECTOR AND THIS IS AN ATTAKPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED-ROR THAT P SE. - .- in ? vva caa, ++PY411G Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill., New Jersey 08003-3620 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 U.S. Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-3793 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OFT COUNTY OF 1-}'a4s SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Alan K. Miller Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Sherry J. Miller Age: Over 18 Residence: As captioned above Employment: Unknown . Name: Title: Diane Dixon Sworn to and subscribe Company: ASST. VICE PRESIDENT before me this /(p day o f 20 Litton Loan Servicing LP Attorney in Fact Nbtary 1c UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller NO. 07-3793 CIVIL TERM Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) x C. In Mortgage Foreclosure D. on a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual x B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvan. Resident: Mak-W J. Udrex3`--SQUIRE Address & I . D . ## as above UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller NO. 07-3793 CIVIL TERM Defendant(s) C E R T I F I C A T 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 VXRQU J. UDR SQUIRE ATTORNEY FOR PLAINTIFF t? D -n l UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the =COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) To: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Jui Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict. on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 aoa7 [OX, DK4 lJ f ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE 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 US Bank NA, as Trustee for the € C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. NO. 07-3793 CIVIL TERM Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Defendant (s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Alan K. Miller and Sherry J. Miller for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 6/9/07 to 8/14/07 Late charges per Complaint From 6/9/07 to 8/14/07 Escrow payment per Complaint From 6/9/07 to 8/14/07 $146,408.01 1,938.31 116.26 342.82 TOTAL $148,805.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. FILES, VC. torney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: -7---? PRO S PROTHY 4 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 'Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) To: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Jug Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 g/N10-7 /s/ &a7t_,o ,2. CZj oK8 , . . 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County 4828 Loop Central Drive Houston, TX 77081 :MORTGAGE FORECLOSURE Plaintiff V. Alan K. Miller €:NO. 07-3793 CIVIL TERM Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) IIDREN LAW OFFICES P C ATTORNEY FOR PLAINTIFF PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Alan K. Miller and Sherry J. Miller for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 6/9/07 to 8/14/07 Late charges per Complaint From 6/9/07 to 8/14/07 Escrow payment per Complaint From 6/9/07 to 8/14/07 $146,408.01 1,938.31 116.26 342.82 TOTAL $148,805.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in ac ordance with Rule 237.1, a copy of which is attached hereto. VREN LAW OFFICES, C. J. Udren, ESQUIRE A torney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED S 1PRO PROTHY DATE : -T$07 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 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry J. Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-3793 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $148,805.40 Interest From 8/15/07 3,269.09 to Date of Sale 12/5/07 Ongoing Per Diem of 28.93 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. Ma AT drEn, ESQUIRE FOR PLAINTIFF -f V. F a a ra -a 9,,. x? 4 t3? $ O a ? ? ,? _ 10 O O ? g Z-M .-a -ra C 4 ? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed ;CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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.) I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 TARE 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 s i 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 US Bank NA, as Trustee for the COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller ?NO. 07-3793 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of of record: Name the last recorded holder of every mortgage US Bank NA, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2006-RP2 Wells Fargo Bank of MN, NA Address 4828 Loop Central Drive Houston, TX 77081 Address to Follow c/o Rob Saltzman, Esquire 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 Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 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 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 14, 2007 UDREN LAW OFFICES, P.C. k J. ren, ESQ. Attorney for Plaintiff t= ? - n c? r?z ?.? -. _?, , Y .1 .. ...p-.? f ? ?_ ".;?. ti i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3793 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, AS TRUSTEE FOR THE C-BASS MTG. LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2 Plaintiff (s) From ALAN K. MILLER AND SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $148,805.40 L.L. $.50 Interest from 8/15/07 to Date of Sale 12/05/07 ongoing per Diem of $28.93 to actual date of sale including if sale is held at a later date - $3,269.09 Atty's Comm % Due Prothy $2.00 Atty Paid $174.52 Other Costs Plaintiff Paid Date: 08/14/2007 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, PC urtis R. Long, Prothon By: ??6,K, 8 . - L, Deputy 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 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the -COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 'Cumberland County 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Alan K. Miller Sherry J. Miller NO. 07-3793 CIVIL TERM 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties o 8 Pa S. Section 4904 relating to unsworn falsification to authoritAs. Dated: November 8, 2007 UDAEIF L4W OFFVVES, P.C. BY: \' Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the =COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 =Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address US Bank NA, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2006-RP2 4828 Loop Central Drive Houston, TX 77081 Wells Fargo Bank of MN, NA c/o Rob Saltzman, Esquire 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 5. Name and address of every other person who has any record lien on the property: Name Address Metropolitan Edison P.O. Box 16001, Reading, PA 19640 United Telephone Company 1615 Ritner Highway, Carlise, Pa 17013-9356 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 Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 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 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements h ein are made subject to the penalties of 18 Pa.C.S. sec. 4 relating to unsworn falsification to authorities.,: A FILES,/P.C. DATED: November 8, 2007 Mr c 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 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry J. Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3793 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Alan K. Miller, Sherry J. Miller PROPERTY: 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 5. 2007, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBITA a? d LL N a ? d ? Z Aj 6u- 7a 6 > ? N N Q O ?LL tO °`O x c O,V E 00 QUO Q. ?- d ? N ? C •p> O C U ? V SO IS, ay aO o V?? I =U a ? R Ecw u? u ? 2?? m N6, 0 N O ,d a N y ? w a ?o ? a N C) ul_ Cl) a C36 0 tl? Q ? V Z p? J g?3i Ott ?O r d N L N ?W N Z¢ O x 'art ar a - err' .a ?' ?`? 1 •' T S(??y 41 r y?? 0 a) -M-0 N N ? t G - r coo p N O. O c? p N G N " ` N O m i6 t0 C ? no, C N A Q G y E°?'?ai16 m tK N 'N C1 ?q O E G'2 C G V L N N o O 7 == 0 6 U O O m T rn m to a r O ? O G p G% ? d • N 3 [3 i0 G N -lG6p U N N @ G C 6 E E N O % R W -;z , s ca L 0,0 V m E m GO iO m G L N d oar mmN `m ? p O O VO j O N E O N p p 'S a tfi'iy is N -rn°o 4w >g?°-rnrn i N ooo-?N O Oiz: E , d, e5 V b N 9 OO jfll L) m o 2 d L i N E ? r 2a m°rn v Ul 6s 4) U C I 0 a 4!? 0 ?? = v'aa-?? 0 0 a waz 0( `?- 4u1ce) Q? 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Sheriff No. 8339 P. 2/2 US Bank NA as Trustec for the C-BASS Mtg. Tn the Court of Common Pleas of Loan Asset-Backed Certificates Series 2006-RP2 Cumberland County, Pennsylvania VS Writ No. 2007-3793 Civil Term Alan K. Miller and Sherry J. Miller William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 0903 hours, he served a true copy of the within heal Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Alan K. Miller and Sherry J. Miller, by making known unto Kyle Miller, adult son of Alan K. Miller and Sherry J. Miller, at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Dcputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 0903 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and ]description, in the above entitled action, upon the property of Alan K. Miller and Sherry J. Miller located at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania according to law. K. 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 manacr: The Shcriir mailed a notice of the pendency of the action to the within named defendants, to wit: Alan K. Miller and Sherry J. Miller by regular mail to their last known address of 1367 Zimmerman Road, Carlisle, PA 17013. This letter was mailed undar the date of October 12, 2007 and never returned to the Sheriff s Office. So c R. Thomas Kline, Sheriff Real Este Sergeant heirs 1 -5 CZ) :1 M fir.. C US Bank NA as Trustee for the C-BASS Mtg. In the Court of Common Pleas of Loan Asset-Backed Certificates Series 2006-RP2 Cumberland County, Pennsylvania VS Writ No. 2007-3793 Civil Term Alan K. Miller and Sherry J. Miller William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 0903 hours, 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: Alan K. Miller and Sherry J. Miller, by making known unto Kyle Miller, adult son of Alan K. Miller and Sherry J. Miller, at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 0903 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan K. Miller and Sherry J. Miller located at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Alan K. Miller and Sherry J. Miller by regular mail to their last known address of 1367 Zimmerman Road, Carlisle, PA 17013. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mark Udren. Sheriffs Costs: Docketing 30.00 Poundage 20.73 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 4.80 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 437.00 Patriot News 472.31 Share of Bills 14.92 $1,097.26 ? q /Iu1U1 (. So Answers R. Thomas Kline, Sheriff BY Real Estate rgeant .At' c.H? L 3 3-l jo 7L, 11 y, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed =CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. ::MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller NO. 07-3793 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address US Bank NA, as Trustee for 4828 Loop Central Drive the C-BASS Mortgage Loan Houston, TX 77081 Asset--Backed Certificates Series 2006-RP2 Wells Fargo Bank of MN, NA Address to Follow c/o Rob Saltzman, Esquire 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 Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 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 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 14, 2007 UDREN LAW OFFICES, P.C. Nairk J. ren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed ;CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 TARE 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 TARE 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. ATTORNEY FOR PLAINTIFF 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 US Bank NA, as Trustee for the ]COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller Sherry J. Miller :NO. 07-3793 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road, (Monroe Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 sett 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 MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY-FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO.3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SIX (36) MINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE AND EIGHTY- FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LANDS N/F OF WILSON P. HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES: SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (AO) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151.50) FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTY- SEVEN (77) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY (40) SECONDS WEST THREE HUNDRED SIXTY AND TWENTY-ONE HUNDREDTHS (360.21) FEET TO A IM NAIL IN THE CENTERLINE OF-ZIM111ERMAN ROAD AND THE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES, OR 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN JR., REGISTERED ENGINEER, DATED APRIL 5,1982. BEING KNOWN AS: 1367 ZIMMERMAN ROAD, CARLISLE, PA 17013 (MONROE TOWNSHIP) PROPERTY ID NO.: 22-10-0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY L. MILLER, HIS WIFE BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 5/3/82 RECORDED 5/4/82 IN DEED BOOK T 29 PAGE 528. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3793 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, AS TRUSTEE FOR THE C-BASS MTG. LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2 Plaintiff (s) From ALAN K. MILLER AND SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If'property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that: he/she has been added as a garnishee and is enjoined as above stated. Amount Due $148,805.40 L.L. $30 Interest from 8/15/07 to Date of Sale 12/05/07 ongoing per Diem of $28.93 to actual date of sale including if sale is held at a later date - $39269.09 Arty's Comm % Due Prothy $2.00 Atty Paid $174.52 Other Costs Plaintiff Paid Date: 08/14/2007 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, PC' ALII&?2 ID rtis R. Long, Prothonotary ILP-6 a_ By: Deputy 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 # 44 On August 17, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1367 Zimmerman Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2007 By: Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly 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: October 26, November 2 and November 9, 2007 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. 44 Writ No. 2007-3793 Civil US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 vs. Alan K. Miller and Sherry J. Miller Atty.: Mark Udren DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a P.K. nail in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (13644) feet to a P.K. nail in said centerline; thence along Lot No. 3 and lands n/f of Wilson P. Hurley, et ux, South thirty (AM A .OTP thiT+v-civ VIF>l minute. 7?1? AL 4,111- ULA Marie Coyne, 91itor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL , EBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Explres Apr 28, 2010 s ?e Patro't-News Co. 4 ' 812 Market St. to e V atnototrXiews Harrisburg, PA 17101 Now you know Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11107/07 Sworn to d Ts?Jc b r; before/4 this 30 day of November, 2007 A.D. Z_ I Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Clark Notary Public City Of Hamstxn, Dauphin County My Comma E)pres June 2, 2008 Member, Pennsylvania Association of Notaries Real E,staft Sale No. " Writ No. 2tIII1 *1M Chril Term US Bank NA, as Truslse for the C-BASS Mtg. Loan Asgot-Backed Certiiketes, Series 22006-RP2 VS Alan K. Miller and Sherry J. Miller Atty. Mark Udren DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MONROE TOWNSW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD: THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY- FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HU NDItF!D THIRTY-SIX AND FORTY-TOUR HUNKS (136.44) FEEL' TO A P& NAIL IN SAID CENTERLINE; THENCL ALONG LOT NO, 3 AND LANDS NIF OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SDI (36) MINUTES THIM NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE AND EICiI[!'Y-FOUR HUNDREDTHS (161.84) FEET TO AN WN PIN AT LANDS NIF OF WILSON P. HURLEY, ET UX; THRICE ALONG `'THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES: SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151.50) FEET TO AN IRON PIN h,,, LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTY- SEVE14 (77) DEGREES. THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM TztOD; THENCE ALONG THE LAST MENTIONEE LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTw (40) SECONDS WEST THREE HUNDRED SIXTY AND TWENTY-ONE HUNDREDTHS (360.21) FEET TO A PK. NAB. IN THE CENTERLINE OF ZIMMFRMAN ROAD AND THE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES, OR 31,125.197 SQUARE. FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN ]R., REGISTERED ENGINEER, DATED APRIL 5, 19a BEING )C7#DWN AS: 1367 Z AAN ROAD, ( E T0104M CAa(. r-LE. PA 17013 PROMM IT) NO.: 22-10.0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN' K. MILLER AND SHERRY L. MILLER, HIS WIFE BY DEED FROM MERLE EDWARD KLLER AND DAISY CORA MUM, HIS WIFE DATED 5/3/82 RECORDED 514/82 IN DEED BOOK T 29 PAGE 528. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 J 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County 4828 Loop Central Drive Houston, TX 77081 Plaintiff :NO. 07-3793 CIVIL TERM V. Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Sherry J. Miller has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on December 2, 2007, Bankruptcy Case No. 07-03846. UDREN ?? P.C. BY: Attorneys 'fo-r plaiEtiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE °'C3 r?. ,..? -°? ? ?t s ?pf ""e! ? . maw ??i ?.?..-+^? w i if y ?{ ?3i Y ' YiJ ?*? ? ?..? j,,,,n? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD., SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. 'MORTGAGE FORECLOSURE Alan K. Miller NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matters Amount due $148,805.40 Interest From 8/15/07 19,267.38 to Date of Sale June 10, 2009 'Ongoing Per Diem of 28.93 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN j&;kW/O1F3&CEV, P. C. BY: Att0r zeys 4!or Plaintiff MARK J. REN, ESQUIRE US'fUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE r? ? ?? t"t C V .x J o ,? i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the =COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 ,Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller ":NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation 1 III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LW P.C. , ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE BY: Att DINE for Plaintiff MAR REN, ESQUIRE NEG, ESQUIRE LOR OYLE ---, -n ?' ? ?, , " ? ? ?,;:x ?'?? '? , c? _-- ?. 4"` ...-r :-?-. ?' ? ?:l I 1 US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller :NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon c/o Erie Insurance P.O. Box 2013 Mechanicsburg, PA Group 17055 k 4 4. Name and address of the of record: Name US Bank NA, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2006-RP2 Wells Fargo Bank of MN, NA Ameriquest Mortgage last recorded holder of every mortgage Address 4828 Loop Central Drive Houston, TX 77081 c/o Rob Saltzman, Esquire 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Address to follow 5. Name and address of every other person who has any record lien on the property: Name Address Metropolitan Edison P.O. Box 16001, Reading, PA 19640 United Telephone Company 1615 Ritner Highway, Carlise, Pa 17013-9356 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, 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 1367 Zimmerman Road Carlisle, PA 17013 4 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: February 10, 2009 UDREN J AX /gWFICJkS, P. C BY: Wone s`-f or Plaintiff UDREN, ESQUIRE INNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ue. s Q WREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF INARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 IARRAINL DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 ::Cumberland County Plaintiff V. ;MORTGAGE FORECLOSURE Alan K. Miller NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road (Monroe Township)Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 10, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the.court judgment of $148,805.40, 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.) i YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU; - ID #04302 - ID #45362 - ID #34576 - ID #75860 rRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry J. Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-3793 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 10, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 Sheriffs 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 TARE 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LWYER 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 MAR-03-2Q09 TUE 12:22 PM Udren Law FAX NO. 8564288007 P. 02 ALL THAT CERTAIN TRACT OF LAND SITUATE' IN MONROE TOViTNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCI»IBED AS FOLLOWS, TO WIT: BEGINNING AT A P.KI NAIL IN THE CENTERLINE OF ZIMVIERM i N ROAD; THENCE IN AND ALONG SAID ZIMIVIERMAN ROAD SOUTH SEVIRgTY-FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE JWNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO.3 AND LANDS N/F,13F WILSON P. LEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SIX (36) :MIINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE AND EIGHTY- FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LANDS KIF OF WILSON P. HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED' LANDS THE FOLLOWING COURSES AND DISTANCES: SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00).SECONDS'L4ST ONE HUNDREDFIFTY-ONE AND FIFT''f HUNDREDTHS (151.50) FEET TO AN IRON PIN AT LANDS NIF OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTY. SEVEN (77) DEGREES" THIRTY (30) MINUTES ZERO (00) SECOND WEST ONE HUNDPXD FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY (40) SECONDS WEST THREE HIM, RED SIXTY AND TWENTY-ONE HUNDREDTHS (360.21) FEET TO A P.K. NAIL IN THE CENTERLINE OF-ZUVIMEWAAN ROAD AND THE PLACE OF BEGINNING. CONTAINING 0.7143 ACRES, OR. 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN JR., RECt,ISTERED ENGINEER, DATED APRIL 5, 1982. BEING KNOWN AS: 1367 ZIMMERMAN ROAD, (MONROE TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 22-10-0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY L. MILLER, HIS WIFE BY DEED FROM MERLE EDWARD MILLER liND DAISY CORA MILLER-, HIS WIFE DATED 5/3/82 RECORDED 5/4/82 IN DEED BOOK T 29 PAGE 528. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, as Trustee for the C-BASS MTG. LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2, Plaintiff (s) From ALAN K. MILLER and SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $148,805.40 L.L. Interest from 8/15/07 to Date of Sale 6/10/09 - Ongoing Per Diem of $28.93 to actual date of sale including if sale is held at a later date -- $19,267.38 Atty's Comm % Due Prothy $2.00 Atty Paid $1,176.78 Other Costs Plaintiff Paid Date: 2/20/09 Curtis R. Lo , Prothono ry (Seal) By: REQUESTING PARTY: Name: STUART WINNEG, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 45362 Deputy UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITES 200 CHERRY HILL, NJ 08003-3620 856-669-5400 US Bank NA, as Trustee for the C- ":COURT OF COMMON PLEAS BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 E Cumberland County Plaintiff V. Alan K. Miller Sherry J. Miller ENO. 07-3793 CIVIL TERM Defendant(s) ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULB 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: April 15, 2009 UDREN. 1,AW--0Vf I CES , lty?orneys for Plai tiff MARK J :. U'DREN ESQU __ STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the -COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed ;CIVIL DIVISION Certificates, Series 2006-RP2 =Cumberland County Plaintiff V. ?MORTGAGE FORECLOSURE Alan K. Miller "NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller Sherry J. Miller 2. Name and address Name SAME AS #1 ABOVE 3. Name and address a record lien on th Name 1367 Zimmerman Road Carlisle, PA 17013 1367 Zimmerman Road Carlisle, PA 17013 of Defendant(s) in the judgment: Address of every judgment creditor whose judgment is e real property to be sold: Address Hatz Sharon c/o Erie Insurance P.O. Box 2013 Mechanicsburg, PA Group 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address US Bank NA, as Trustee for 4828 Loop Central Drive the C-BASS Mortgage Loan Houston, TX 77081 Asset-Backed Certificates Series 2006-RP2 Wells Fargo Bank of MN, NA c/o Rob Saltzman, Esquire 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 5. Name and address of every other person who has any record lien on the property: Name Address Metropolitan Edison P.O. Box 16001, Reading, PA 19640 United Telephone Company 1615 Ritner Highway, Carlise, Pa 17013-9356 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 Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 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 1367 Zimmerman Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 15, 2009 UDREN LAW--a L' T C? P.C. B i At neys for Pla tiff MARK . -UPEN, ESQUIRE STUART WINNEq;--ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF US Bank NA, as Trustee for the C-BASS COURT OF COMMON PLEAS Mtg. Loan Asset-Backed Certificates, CIVIL DIVISION Series 2006-RP2 Cumberland County Plaintiff V. Alan K. Miller Sherry J. Miller Defendant(s) NO. 07-3793 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Alan K. Miller, Sherry J. Miller PROPERTY: 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 10. 2009, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. r- EXHIBIT A ? N -n 0 m w --? 41 ? a CD G i CD O O N w 1 6 CD cD ° i i Qo"r 3 ? o ?z m ?o m ?b 0 0 N m Z03 3 O cc, f s? w ?f CD Q 'd O v m 7 ?asg? wpm m m N'° !?7> > Sm ?Q?gmm 3 ?m w mom °c.? 3 wppyy m m N m Q C Q,ON° m m.soo W ? o m?3?vS. a 3 a ax mo. ,? j a m ?Ot . Lg 0 g m $b ? m +3 '° iA m s 54 P3 G midW ? ?i ? 4 9u W j m ? c m T+flSJ Fu a Yn"?om a`o rz c$?? m a o m m ? o' m _{ qM v oZ 00 m L Oq z p, W N i N D mNa p 3 J, to W -4vnaO1 =CflN`23mmo°C 1m?? N M--0P to 0 0 ;.4 t Cp CA Q73.0 y-4r ym? •?(A jwa-0 co 7aC" Q 1 0 cn N ?ma ° N? y3-o rn '° D o?.1? yC' ?a x ? W ? N t ? w N ? w u?g;-I265 ?5?5? $()4 JO-W 03,1161200 mailed Prom 06003 c GS i n v ?C q ? =om z• m v p Nn ? =NL a T"?O 00 Z 3-0 om v? m 3 NN A ? r o m w=in `' 6cm Z r u A M. ? c w m ?'i 0 ° zbm y ? v a 7 r q '7c w O 00 N m ? [] ? m ? v a s v `?. o CD , SD ? ? ? c? S2 (p VIA Oy o 'o ?9 p1 ^ ? O N x d N N o g?:S m d$ n ? O ?s -ma -MCA By c TN t?f = Nv { t? r r LLt ,re, QY Dull', `;Ty In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3793 Civil Term U.S. Bank NA, as Trustee for the C-Bass Mtg., Loan Asset-Backed Certificates, Series 2006- RP2 VS Alan K. Miller and Sherry J. Miller Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1130 hours, she 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, Alan K. Miller and Sherry J. Miller, by making known unto Alan K. Miller, personally, at, 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2009 at 2041 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of, Alan K. Miller and Sherry J. Miller, located at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Alan K. Miller and Sherry J. Miller, by regular mail to their last known address of 1367 Zimmerman Road, Carlisle, PA 17013. This letter was mailed under the date of April 7, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 20.90 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 10.80 Levy 15.00 Surcharge 30.00 Law Journal 431.00 Patriot News 440.84 Share of Bills 15.43 Post Pone Sale 40.00 FILED-a„ -l%c OF THE Gr«D OTAFY 1,065.97 2G09 CCT 12 A 11: 11 161.2Q116 f So Answers, GUI,v i? .r-y R. Thomas Kline, Sheriff By Real Estate Coordinator ;? , o-° Ca je,- '71(139 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF K%RK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CH=RA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsw.dren.com US Bank NA, as Trustee for the `:COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. ;MORTGAGE FORECLOSURE Alan K. Miller ':NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed owner(s): Name Address Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address US Bank NA, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2006-RP2 4828 Loop Central Drive Houston, TX 77081 Wells Fargo Bank of MN, NA Ameriquest mortgage c/o Rob Saltzman, Esquire 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Address to follow 5. Name and address of every other person who has any record lien on the property: Name Address Metropolitan Edison P.O. Box 16001, Reading, PA 19640 United Telephone Company 1615 Ritner Highway, Carlise, Pa 17013-9356 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 Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 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 1367 Zimmerman Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: February 10, 2009 UDREN 161?rlQ /9--C P.C._.. BY: At 4o ne s`-tor Plaintiff J UDREN, ESQUIRE WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE. ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1 ?• UDREN LAW OFFICES, P. C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings®udren.com ATTORNEY FOR PLAINTIFF US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 ...Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Alan K. Miller €N0. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road (Monroe Township)Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 10, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 t. UDRAN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingo@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff _ v. Alan K. Miller Sherry J. Miller Defendant(s) MORTGAGE FORECLOSURE NO. 07-3793 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 10, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 TARE 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 MAR-03-2009 TUE 12:22 PM Udren Law FAX NO, 8564288007 P. 02 67- Z7q 3 ALL THAT CERTAIN T'BALABOUNDED AND DESCRIBED AS CUMBERLAND COUNTY, PENNSYLVANIA, FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMA,N ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY-FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE ".IffUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO.3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH TH RTY (30) DEGREES THIRTY-SIX (36) MINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE A EIGHTY- FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LANDS OF WILSON P. HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES: SOUTH Fffl TY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00) :SECONDS EAST ONE HUNDRED TIFW-ONE AND MY HUNDREDTHS (151.50) FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH StENTY- SEVEN (77) DEGREES, THIRTY (30) MINC7M ZERO (00) SECOND: i WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY SECONDS WEST THREE HUNDRED SIXTY IX TWENTY-ONE H p, (360.21) FEET TO A F.K. NAIL IN THE CENTERLINE OF-Z51MERI44AN ROAD AND THE PLACE OF BEGINNING. CONT'AINI'NG 0.7145 ACRES, OR 31,125.197 SQUARE FEET IN AC(::ORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN Ml REGISTERED ENGINEER, DATED APRIL 5,1952. BEING KNOWN AS : 1367 ZIMMELti'MAN ROAD, (MONROR TOWN13HIP) CARLISLE, PA 17013 PROPERTY ID NO.: 22-10-0640-071 TITLE TO SAID PREBY DEED FROM MERLE EDWARD MILLER RIND AND DAISYR MILLER, HIS WIFE CORA MILLER, HIS WIFE DATED 5/3/92 RECORDED 5/4/82 IN DEED BOOK T 29 PAGE 528. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, as Trustee for the C-BASS MTG. LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2, Plaintiff (s) From ALAN K. MILLER and SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $148,805.40 L.L. Interest from 8/15/07 to Date of Sale 6/10/09 - Ongoing Per Diem of $28.93 to actual date of sale including if sale is held at a later date -- $19,267.38 Atty's Comm % Due Prothy $2.00 Atty Paid $1,176.78 Plaintiff Paid Date: 2/20/09 Other Costs Curtis R. rothon ary (Seal) REQUESTING PARTY: Name: STUART WINNEG, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF By: Deputy Telephone: 856-669-5400 Supreme Court ID No. 45362 Real Estate Sale # 64 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1367 Zimmerman Road Carilsle, more .fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: CJ a,,.w ?? J •v ? ? `? ?=%'? Dual '. ?Jty?,, ?? 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: May 1, May 8, and May 15, 2009 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. Marie Coyne, Ilditor SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 NASAL >MU'l!'!i 6" 10. 64 Writ No. 2007-3793 Civil U.S. Bank NA as Trustee for the C-Bass Mtg., Loan Asset-Backed Certificates, Series 2006-RP2 vs. Alan K. Miller and Sherry J. Miller Atty.: Stuart eg ALL THAT CERTAIN tract of land situate in Monroe Townshi Cumberland County, Pennsylv p, ania, bounded and described as follows, to wit: BEGINNING at P.K. nail in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74) degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a P.K. nail in said centerline; thence along Lot No. 3 and lands n/f of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirtY-nine (39) seconds West one hundred sixty-one and eighty-four hundredths (161.84) feet to an iron pin at lands n/f of Wilson P. Hurley, et ux; thence along the last men- tioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty-seven (37) feet to an iron pin; thence South thirty (30) degrees thirty (30) minutes zero (00) seconds East one hundred fifty- one and fifty hundredths (151.50) feet to an iron pin at lands n/f of Dr. William Brod; thence along the last mentioned lands South seventy- seven (71, degrees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands of Dr. William Brod; thence along the last mentioned lands North two (02) de- grees forty-six (46) minutes forty (40) seconds West three hundred sixty and t4lqt?,-cne hundredths (360.2 fee t to a P.K. nail in the centerline of amwftusn . Road and the place of C011TA1M1NG 0.7145 acres, or 31,125.197 Square feet in accordance with a survey prepared by Robert F. Hartman Jr., Registered Engineer dated April 51 1982. , BEING KNOWN AS: 1367 ZIM- MERMAN ROAD, (MONROE TOWN- SHIP, CARLISLE, PA 17013. PROPERTY ID NO.: 2210-0640- 071. TITLE TO SAID PREMISES IS V Sherry L ESTED IN Allan K. Miller and from Merle Edward is wife by deed Cora min' his wife dMiller and Daisy ated 5/3/82 recorded 5/4/82 in Deed Book T 29 Page 528. the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-News Now you know 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 on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05101/09 05/08/09 Sworn to bsCribed before m?fhis dzfy of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA ENotarial Seal Sherrie L Kisser, Notary Pubficc CNy Of Hertieburg; Dar+Ph+^ Catty My ?r Expires Nov. 26, 2011 Member, Pennrovenia Assodation of Notaries Real E411866 416 NO. 64 Writ No. 20IV41M C" Term U.S. Bank NA, an Trust?e for the C•Bass ft Loan Asset- Backed Csrtmcatas, series 2006-RP2 VS Alan K. Miller and Sherry J. Miller Attorney Stuart Winneg LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY. FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO. 3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SIX (36) MINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY--ONE AND EIGHTY-FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LAND N/F OF WILSON E HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES; SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151.50) FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM QOD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTY- SEVEN (77) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HINRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; " !ENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY (40) JFCONDS WEST THREE HUNDRED SIXTY AND TWENTY-ONE HUNDREDTHS (360,21) FEET TO A EK. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD AND THE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES, OR 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED By ROBERT F. HARTMAN JR., REGISTERED ENGINEER, DATED APRIL 5,1982. BEING KNOWN AS: 1367 ZIMME'RMAN ROAD, (MONROE TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 22-10-0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY L. MILLER, HIS WIFE BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 5/3/82 RECORDED 5/4/82 IN DEED BOOK T 29 PAGE 528. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 'Cumberland County 4828 Loop Central Drive Houston, TX 77081 Plaintiff €NO. 07-3793 CIVIL TERM V. Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Sherry J. Miller has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on June 5th 2009, Bankruptcy Case No. 09-04374. UDREN LAW OFFICE P.C. BY :./I//1 Attorneys for P ai iff MARK J. UDREN, UIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM KAYES, ESQUIRE MARGUERITE THOMAS, ESQUIRE RLED-OFICE OF THE PROTHNOTARY 24" OCT 29 PM 36 {9 C#.Mbt':'.E i ,L" ?J (II LINTY P§ZVQ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County .Plaintiff v. ;MORTGAGE FORECLOSURE ~" ~ 'Tt , _ Alan K. Miller € NO. 07-3793 CIVIL TERM -cs~ r*~~' ~ ~ ~ ~ "~ Sherry J. Miller ~'-~~ , mar= Defendant (s) ~ ~-~o PRAECIPE TO ISSUE WRIT OF EXECUTION. ~ .'~ -~-;~ :: ~~;--~ ~~ ~ - TO THE PROTHONOTARY : a„_. _,..~ ~ ~ - ~~, .;~.s Issue Writ of Execution in the above matter: '"' Amount due Interest From 08/15/2009 to Date of Sale March 2, 2011 Ongoing Per Diem of 28.93 to actual date of sale including held at a later date (Costs to be added) ~a~ . oo P D A~'Y ~.5a clams I(o.00 ~~ 1,ogy. a~ w I,ot,s.9T ~~ 78.50 ~~ ' I~.oo •• d~. co •~ a~1.oo N $ a,3s3. ~.5 ' ~ ~d.oo t7ue Co e~ Ir:~atol~ ~ a~s~77 R~ u~ri+~s~ $148,805.40 16,345.45 if sale is UDREN LAW OFFICES, P.C. BY: Attorneys f6r~Taintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SHERRY J. MILLER, Debtor LITTON LOAN SERVICING, LP, AS SERVICER FOR THE MORTGAGEE OF RECORD, Movant CHAPTER 13 CASE NO: 1-07-bk-03846-MDF RE: DOCKET ENTRY NO: 61 CERTIFICATE OF DEFAULT v. SHERRY J. MILLER, Respondent 11 U.S.C.§362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of LITTON LOAN SERVICING, LP, AS SERVICER FOR THE MORTGAGEE OF RECORD (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 1367 ZIMMERMAN ROAD, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and LITTON LOAN SERVICING, LP, AS SERVICER FOR THE MORTGAGEE OF RECORD may immediately enforce and implement this Order granting Relief from the Automatic Stay.. Dated: January 6, 2009 Case 1:07-bk-03846-MDF Doc 73 Filed 01/06!09 Entered 01/06/09 14:35:47 Desc Main Document Page 1 of 1 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRB - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Alan K. Miller NO. 07-3793 Sherry J. Miller Defendant (s) CERTIFICATE TO THE SHERIFF CIVIL TERM c~ ~-.~ c' -~ ~; ~ --~ ~ ~ r~ ~ t~~~ te c~ ~' ~ v r '- ~' r ~+c~ ' r . - ' __,.f .e :~ _~,; ~- ~J :. I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Non resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY: ~ ~ - Attorneys fcs~~laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. €MORTGAGE FORECLOSURE Alan K. Miller =. NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) C E R T I F I CAT E -:.~ ~ --t . ~:'~ ~M ~ ~..r~ -v T rl""" ~~ . ~'~~ w ~~ ~~ c~ ~ ca ~~ ~ ~ ~_ ~~ ~ ~„ C : Ca ~ r~~1 ~= `~ R~-- ~, -~ -~ ~ I hereby state that as 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. BY: ~~A Attorneys for"glaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY r-- MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE Alan K. Miller €NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 0 r`s ~ ~ -- --ft -r~ - a -+ ~~ ~~ ~ ~ 'r..... r.J ~ ~ ~~ O -~;'~' ~ --4 C? ~, ' ~~ } ~ C:~'Yl . c: .~ ~G "~ -C US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road(Monroe Township)Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon C/O Erie P.O. Box 2013 Insurance Group Mechanicsburg, PA 17055 4. Name and address of the w.. ~ of record Name US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Ameriquest Mortgage Co. last recorded holder of every mortgage Address 4828 Loop Central Drive Houston, TX 77081 110 Town & Country Rd.,Ste 200 Orange, CA 92868 US Band Natl' Assoc. As 80 Livingston-Avenue Trustee for the C-Bass St. Paul, MN 55107-2292 Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 Without Recourse 5. Name and address of on the property: Name Metropolitan Edison United Telephone Address to Follow Address to Follow 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 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 every other person who has any record lien Address 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 r= ~ 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: September 30, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys f laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ti i` l` ,UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF US Bank NA, as Trustee for the.. '•. COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed =CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. MORTGAGE FORECLOSURE Alan K. Miller NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road (Monroe Township)Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 actioa: 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.) 1 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER t~ RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY-FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO. 3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SIX (36) MINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE AND EIGHTY FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LANDS N/F OF WILSON P. HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES: SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151.50) FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTYSEVEN(77) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY (40)SECONDS WEST THREE HUNDRED SIXTY AND TWENTY-ONE HUNDREDTHS (360.21) FEET TO A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD ANDTHE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES, OR 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN JR., REGISTERED ENGINEER, DATED APRIL 5, 1982. BEING KNOWN AS: 1367 Zimmerman Road (Monroe Township} Carlisle, PA 17013 PROPERTY ID NO.: 22-10-0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY J. MILLER BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 05/03/1982 RECORDED 05/04/1982 IN DEED BOOK T 29 PAGE 528. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3793 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, as Trustee for the C-BASS MTG LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2, Plaintiff (s) From ALAN K. MILLER and SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $148,805.40 L.L. Interest from 8/15/09 to 3/2/11 ongoing per diem of $28.93 to actual date of sale including if sale is held at a later date -- $16,345.45 Atty's Comm Due Prothy $2.00 Atty Paid $2,383.25 Other Costs Plaintiff Paid Date: 9/30/10 ~ ~`~ _ is David D. B ell, Prothono ary (Seal) By: Deputy REQiIEST1NG PARTY: Name: LORRAINE DOYLE, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 US Bank NA, as Trustee for the C-BASS Mtg. : COURT OF COMMON PLEAS v; Loan Asset-Backed Certificates, Series 2006- : CIVIL DIVISION -3 -- --, RP2 : co Cumberland County Q =M _q rn , Fn Plaintiff r" 03 71 cn V. !zo Alan K. Miller 2c) CJ Sherry J. Miller : NO. 07-3793 CIVIL TEIF6 tV y Defendant(s) p AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r Dated: te$??wy 2011 UDREN LAW OFFICES, P.C. Attorneys for Plaintiff Daniel S. Siedman, Esquire PA ID 3016534 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 US Bank NA, as Trustee for the =COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed =CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller :NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, Plaintiff in the above action, by its attorney, Udren Law Offices, P.C., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1367 Zimmerman Road(Monroe Township)Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 1.7013 81 Keswick Drive Mechanicsburg, PA 17050 1367 Zimmerman Road Carlisle, PA 1.7013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon C/O Erie P.O. Box 2013 Insurance Group Mechanicsburg, PA 17055 4. Name and address of of record: Name the last recorded holder of every mortgage US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Ameriquest Mortgage Co. Address 4828 Loop Central Drive Houston, TX 77081 110 Town & Country Rd.,Ste 200 Orange, CA 92868 US Bank Natl' Assoc. As 80 Livingston Avenue Trustee for the C-Bass St. Paul, MN 55107-2292 Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 Without Recourse Wells Fargo Bank of Minnesota NA 1100 Corporate Center Drive Raleigh, NC 27607 c/o Rob Salzman, Esquire 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 5. Name and address of every other person who has any record lien on the property: Name Address Metropolitan Edison United Telephone P.O. Box 16001 Reading, PA 19640 1615 Ritner Highway Carlisle, PA 17013-9356 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 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 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 I verify that the -statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED : Fe;?L...y a , 2011 UDREN LAW OFFICES, P.C. BY- Attorneys for Plaintiff Daniel PA S. iedman, ID 306534 squire UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry J. Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3793 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Alan K. Miller, Sherry J. Miller PROPERTY: 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 2. 2011, at 10:00 am, in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. 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Q c CD Cey ° m (D m o fD rri f0 p .' ?.? F" ? ? ? 4 n m Xx 'a co a 3 r £ '?sr sti, u'?% < N m y c m CD 0 c N N Xm m c c ? o won In 0 m W s d 2 0 a- d 3 =r m ? ? .? o n3 p (O n m p N C C C ( < O t ?,? O oo o m O < < N -" =? S m 51 m -0 CD -a ?3moo m' N y n CD V ,N.. 30 N m? n?oa . O O N c m 01 j - m N N -0 n n m 0 C m 3 0.0 c N O m o n Vl< W J d o u a nj 7 m m O m c 3 N C <D °-o'm3mWn.3 ?9- >ax ? N > [[nn aco.i3fin ° n, 3 c n am n o m o y C . ° " m CO O• .? K 3 md f m (? 9 3 "40 1 C, °m m i 0 ?i d a 1 N O S ?. O J .O ° 5 o. m °? m 3 * a OD? - N ' ? ; o o 0 Q < < N p . J ?mvm N ?? . 3 m 0 C ?.N o?ygon < N ?O W 0 m H =r a3y?2d. .y - a o H c w =a 0 0. , o ? d -n co m cr CL °- 53 o ?. , °--' m3? - N m U m c yE o?;3 m 2 o c 3 H °i m m nEn? N N N O N J C CD 0 Q j j O I T y V m n 21 F.. CD o m m o -• - J ?p Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY u US Bank NA vs. Alan K Miller (et al.) Case Number 2007-3793 SHERIFF'S RETURN OF SERVICE 01/03/2011 07:44 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by postinc a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1367 Zimmerman Road, Carlisle, PA 17013, Cumberland County. 01/10/2011 Amanda Cobaugh, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Kyle Miller, Adult Son, who accepted as "Adult Person in Charge" for Alan K. Miller, at 81 Keswich Drive, Mechanicsburg, Cumberlanc County. 01/18/2011 Sgt. Bryan Ward, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sherry J. Miller at the Cumberland County Sheriffs Office, Courthouse Square, Carlisle, Cumberland County. SHERIFF COST: $908.44 January 21, 2011 SO ANSWERS, ?? xlllal",;?-? RONW R ANDERSON, SHERIFF EXHIBIT B UDREN W OFFICES, P.C. WOODC ST CORPORATE CENTER 111 WO DCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-66M-0400, pleadings@udren.com US Bank'NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry J. Miller Defendant (s) ATTORNEY FOR PLARITUF C ° xrn Z;0 t" ?=- -um -tom a? r -ip COURT OF COMMON PLEAS <C) -q = CIVIL DIVISION 3 E,cl$ Cumberland County p rn NO. 07-3793 CIVIL TERM PETITION FOR POSTPONEMENT OF SHERIFF'S SALE P month captio intiff, by its counsel, petitions the Court for a 2 (two) stponement of the Sheriff's sale scheduled in the above d matter and in support thereof avers the following: 1. A Sheriff's sale of the mortgaged property involved herein, located at 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 was originally scheduled for March 2, 2011, then po tponed to May 4, 2011 due to mortgage loan account review, then postponed to July 6, 2011. 2. The Plaintiff now seeks the postponement of the Sheriff's sale 2 (two) month(s) to allow time to further complete mortgage loan account review. 4Pursuant to local rule the defendants are unrepresented by coel and plaintiff has no manner in which to seek concurrence except by mail. 4. INo Judge has been assigned to this matter. WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff's sale of the mortgaged property be postponed to the September 7, 2011 Sheriff's sale. Respectfully submitted, UDREN LAW OFFICES, P.C. 1 Attorney f`6-:F- Plaintiff 099SL GI Vd winbs?j 'o4euiW -W ueld Alan M. Minato, Esquire PA ID 75860 UDREN LA OFFICES, P.C. WOODCRES CORPORATE CENTER 111 WOOD CREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-R400, pleadings@udren.com US Bank NA, as Trustee for the C-BASS 14tg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3793 CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for the postponement of a Sherif 'Is sale. In the present matter, the sale has been previously postponed. Plaintiff now seeks an additional postpone ent in order to further complete mortgage loan account review. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale mor (than once, and without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests continuance of the Sheriff's Sale of the mortgaged premises, located at 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013, to the September 7, 2011 Sheriff's sale as set fort in the Motion. Respectfully submitted, ithan Esquire Local Coi{nsel UDR.EN LAW OFFICES, P.C. B? Attorney for Pla nCift Alan M. Minato, Esquire PA ID 75860 UDREN LA' OFFICES, P.C. WOODCRES CORPORATE CENTER 111 WOOD REST ROAD, SUITE 200 CHERRY H LL, NJ 08003-3620 856-669-5400, pleadings@udren.com US Bank NA, as Trustee for the C-BASS 11t,g. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff V. Alan K. Miller Sherry Miller Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3793 CIVIL TERM CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of the attached Petition for Postponement of Sheriff's Sale was served u on the following person(s) named herein at their last known address or their attorney of record by: xxxx Regular First Class Mail Certified Mail Other Date Ser ed: July 5, 2011 TO: Ala K. Miller 136 Zimmerman Road Car isle, PA 17013 She ry J. Miller 136 ,Zimmerman Road Car isle, PA 17013 Nathan C Local Co el , Esquire and 81 Keswick Drive Mechanicsburg, PA 17050 UDREN LAW OFFICES, P.C. Alan M. Minato, Esquire PA ID 75860 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION US Bank NA, as Trustee for the € C-BASS Mtg. Loan Asset-Backed C Certificates, Series 2006-RP2 -ox Plaintiff -NO. 07-3793 CIVIL TERM rnrn- v. 2? r -ern Alan K. Miller cif 0 Sherry J. Millers Defendant(s) C') 5:. r- o? O R D E R AND NOW, this day of July, 2011, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 1367 Zimmerman Road (Monroe Township), Carlisle, PA 17013, it is hereby ORDERED that the said Sale currently scheduled for July 6, 2011, is extended 2 (two) month(s) to the regularly scheduled Cumberland County Sheriff's Sale scheduled for September 7, 2011. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced at the July 6, 2011 Sheriff's Sale. BY THE COURT: J. TO:- /Alan K. Miller 1367 Zimmerman Road and Carlisle, PA 17013 ,/Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Udren Law Offices, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department 81 Keswick Drive Mechanicsburg, PA 17050 oK8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,poll,, t+tumbr,???t r vii a uli s1 US Bank NA I Case Number 2007-3793 vs. Alan K Miller (et al.) SHERIFF'S RETURN OF SERVICE 01/03/2011 07:44 -Deputy Tim Black, being duly swon according to law, states service was rfored by Real Estate Writ, Notice and Desc ption, in the above tite d action, upon thec a true copy of the requested property located at 1367 Zimmerman Road, Carlisle, PA 17013, Cumberland County. reques Real Est 01/10/2011 Amanda Cobaugh, Deputy Sheriff, being uly sworn according to law, in the above titled action, by making k own it serve contents andtatthe sametime Writ, Notice ice and and Description, personally handing a true copy to a person representing themselves to be Kyle Miller, Adult Son, who accepted as "Adult Person in Charge" for Alan K. Miller, at 81 Keswich Drive, Mechanicsburg, Cumberlanc County. , Notice 01/18/2011 Sgt. Bryan Ward, ng above t tied sworn action by according mak making known is conten s and at the samettimerpe sonally and Description, in the handing a true copy to a person representing themselves to be the Defendant, to wit: Sherry J. Miller a the Cumberland County Sheriffs Office, Courthouse Square, Carlisle, Cumberland County. 03/01/2011 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/02/2011 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriff's Sale Continued to 9/7/2011 ing duly sworn according to law, states that this writ is returned "stayed", 09/02/2011 Ronny R Anderson, Sheriff, from Attorney. per letter of instruction SHERIFF COST: $1,026.21 September 06, 2011 SO ANSWERS, -"` RON R ANDERSON, SHERIFF A/. 62r-)# S3 va P,w &4v 0s (C; (.oun`ySuite Sheriff. Te eo=o`;. I.':;. MARK J,. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO., ESQUIRE - ID #75860 CHANDRA M: ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller :NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF f AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, 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: 1367 Zimmerman Road(Monroe Township)Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon C/O Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record:, , Name Address US Bank NA, as Trustee for the C-.BASS' Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 4828 Loop Central Drive Houston, TX 77081 Ameriquest Mortgage Co. 110 Town & Country Rd.,Ste 200 Orange, CA 92868 US Band Natl' Assoc. As 80 Livingston Avenue Trustee for the C-Bass St. Paul, MN 55107-2292 Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 Without Recourse 5. Name and address of every other person who has any record lien on the property: Name Address Metropolitan Edison United Telephone Address to Follow Address to Follow 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 Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 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 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 1 a 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: September 30, 2010 UDREN LAW OFFICES, P.C. BY: -' y Attorneys f6l""'Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ALL THAT CERTAIN TRACT OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY-FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO. 3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SIX (36) MINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE AND EIGHTY FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LANDS N/F OF WILSON P. HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES: SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151.50) FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTYSEVEN(77) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY (40)SECONDS WEST THREE HUNDRED SIXTY AND TWENTY-ONE HUNDREDTHS(360.21) FEET TO A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD ANDTHE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES, OR 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN JR., REGISTERED ENGINEER, DATED APRIL 5, 1982. BEING KNOWN AS: 1367 Zimmerman Road (Monroe Township) Carlisle, PA 17013 PROPERTY ID NO.: 22-10-0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY J. MILLER BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 05/03/1982 RECORDED 05/04/1982 IN DEED BOOK T 29 PAGE 528. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M: ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed =CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller -NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road (Monroe Township)Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 TARE 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 UpREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA W. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed 'CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Alan K. Miller :NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road (Monroe Township)Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $148,805.40, 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 TARE 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 TARE 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, as Trustee for the C-BASS MTG LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2, Plaintiff (s) From ALAN K. MILLER and SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $148,805.40 L.L. Interest from 8/15/09 to 3/2/11 ongoing per diem of $28.93 to actual date of sale including if sale is held at a later date -- $16,345.45 Atty's Comm % Due Prothy $2.00 Atty Paid $2483.25 Other Costs Plaintiff Paid Date: 9/30/10 /s David D. Buell, tary (Seal) By. Deputy REQUESTING PARTY: Name: LORRAINE DOYLE, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER I I I WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof, l here wft set my twnd end the awl of "M Court at CsuWe, Pe, T1nis3Qof 20.x_ ?. )6U7?' ftftnotary Telephone: 856-669-5400 Supreme Court ID No. 34576 On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered 1367 Zimmerman Road Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Pea Estate Coordina or 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: January 28, February 4, and February 11, 2011 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. isa Marie Co , Editor ^ SWORN TO AND SUBSCRIBED before me this 11 da of February, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2007-3793 Civil US Bank NA vs. Alan K. Miller Sherry J. Miller Atty.: Lorraine Doyle ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a p.k. nail in the centerline of Zimmerman Road; thence in and along said Zimmerman Road South seventy-four (74)degrees thirty (30) minutes zero (00) seconds East one hundred thirty-six and forty-four hundredths (136.44) feet to a p.k. nail in said centerline; thence along Lot No. 3 and lands n/f of Wilson P. Hurley, et ux, South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eighty four hundredths (161.84) feet to an iron pin at lands n/f of Wilson P. Hurley, et ux; thence along the last men- tioned lands the following courses and distances: South fifty-one (51) degrees thirty (30) minutes zero (00) seconds East thirty-seven (37) feet to an iron pin; thence South thirty (30) degrees thirty (30) minutes zero (00) seconds East one hundred fifty-one and fifty hundredths (151.50) feet to an iron pin at lands n/f of Dr. William Brod; thence along the last men- tioned lands South seventyseven (77) degrees thirty (30) minutes zero (00) seconds West one hundred forty and eighty hundredths (140.80) feet to an iron pin at lands of Dr. William Brod; thence along the last mentioned lands North two (02) degrees forty-six (46) minutes forty (40)seconds West three hundred sixty and twenty-one hundredths(360.21) feet to a p.k. nail in the centerline of Zimmerman Road and the place of BEGINNING. Containing 0.7145 acres, or 31,125.197 square feet in accordance with a survey prepared by Robert F. Hartman Jr., Registered Engineer, dated April 5, 1982. BEING KNOWN AS: 1367 Zim- merman Road (Monroe Township), Carlisle, PA 17013. PROPERTY ID NO.: 22-10-0640- 071. TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY J. MILLER BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 05/03/1982 RECORDED 05/04/1982 IN DEED BOOK T 29 PAGE 528. 39 The Patriot-News Co. 2020 Technology'Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-,255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPahiot-News Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1128111 Sworn to*I-d Vbscribed beforgrftd YSis 2Z)day of February, 2011 A.D. G L Mary PubTic ' COMMONWEALTH OF PENNSYLVANIA Notarial Said Sherrie L lasner, Notary Public Lower Parton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 2/4/11 2/11/11 2007-3793 Civil Term US Bank NA VS Alan K Miller Sherry J Miller Atty: Lorraine Doyle ALL THAT CERTAIN TRACT OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLyANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A PK NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY-FOUR (74)DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136.44) FEET TO A P.K NAIL" IN SAID CENTERLINE; z, . THENCE ALONG LOT NO.3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTYSDC (36) MINUTES THIRTY- NINE (39) SECONDS WEST ONE HUNDREP.SIXTY-ONE AND EIGHTY FOUR HUNDREDTHS (161.84) FEET TO AN IRON PIN AT LANDS N/F OF WILSON P HURLEY, ET UX; THEN ALONG THE LAST MENTIONEb LANDS THE FOLLOWING COURSES AND DISTANCES: SOME FIFTY- ONE (51) DEGREES THIRTY f-;O) MINUTES ZERO (00) SECONDS - EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) 4y MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151.50),FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTYSEVEN(77) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140.80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH T W O (02) DEGREES FORIYSIX (46) MINUTES FORTY (40)SECONDS WEST THREE HUNDRED SIXTY AND TWENTY- ONE HUNDREDTTIS(360.21) FEET TO A PK NAIL IN THE CENTERLINE OF+ ZIMMERMAN ROAD ANDTHE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES, OR 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT E HARTMAN JR., REGISTERED ENGINEER, DATED APRIL 5,1982. BEING KNOWN AS: 1367 Zimmerman Road (Mowm1bwmhip) Cade, PA 17013 PROPERTY ID NO.: 22-1046OW1 TITLE TO SAID PREhESES IS VESTED IN ALLAN K MILLER AND SHERRY J. MILLER BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 05/03/1982 RECORDED 05/04/1982 IN DEED BOOK T 29 PAGE 528. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 07-3793 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA, AS TRUSTEE FOR THE C-BASS MTG. LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RP2 Plaintiff (s) From ALAN K. MILLER, SHERRY J. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $148,805.40 L.L.: $.50 Interest FROM 8/15/2007 TO DATE OF SALE DECEMBER 5, 2012 ONGOING PER DIEM OF $28.93 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $56,124.20 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $3,437.96 Other Costs: Plaintiff Paid: Date: 8/30/2012 David D. Buell, Protho tary (Seal) By: Deputy REQUESTING PARTY: Name: HARRY B. REESE, ESQUIRE Address: UDREN LAW OFFICES, 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. 310501 UDREN LAW OFFICES, P.C. ATTORNEY FOR WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiagsQudren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE Alan K. Miller €NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due d ~~ ~~ ~ w ~`~ -- . b ~~ Z~ 3 ~ ~c ~ ~-, s 3> .,,,~ - . $148.805.40 Interest From 8 15 07 56.124.20 to Date of Sale December 5, 2012 Ongoing Per Diem of 28.93 to actual date of sale including if sale is held at a later date (Costs to be added) cc q ~~•~ uu ~ a 9~?. I~at~.a~ tea, ~~ ~~ I y, o0 ~< << ~•~ «~. ~~ "° law a ~ y~~ ~~ UDREN LAW OFFICES, P.C. BY At HARRY B. REESE, ESQUIRE PA ID 310501 $a•aS~ ~. C~35f1~ ~,~ a~w3S ~r,F ~+ Q~ ~s~ed UDRSN LAW OFFICES , P . C . ~~ C _ ~ ~~ ~~1 ~~~~~`R~NSY FOR PLAINTI WOODCRSST CORPORATE CENTER 111 WOODCRSST ROAD, SUITS 200 2dIZ AUG ~~ Pty ~' ~ CHERRY HILL, NJ 08003-3620 CUM~EFiLA~~ CQ~~~~ 856-669-5400 ~~KNSYLWa~~A pleadiagsCpudrea.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE Alan K. Miller €NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s ) C S R T I F I C A T S I hereby state that as the attorney for the Plaintiff in t'. 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 statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. LAW OFFICES, P.C. ,~ n i BYE i- i l i i i; ~..~a-~--,~ f ~ ~E~SE,~ESq~n~tiff PA ID 310501 .~ .~ IIDREN LAW OFFICES, P.C. WOODCR83T CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiageQudren.com US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2 Plaintiff v. Alan K. Miller Sherry J. Miller Defendant(s) ~ _ ATTORNEY FOR PLAINTIF~ :COURT OF COMMON PLEAS ;CIVIL DIVISION ;Cumberland County :MORTGAGE FORECLOSURE ENO. 07-3793 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 .'"''>a ,~ ~, t 3 "'' ~".~ ~m ~ ~, c~1s'r `-`' KGs ~~ ©-rt ~c~ 2 ~~~ ~ c~S: ~ 'vy -.- _~ US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, Plaintiff in the above action, b its undersigned attorney, upon information and belief, Udren La Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerni the real property located at: 1367 Zimmerman Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Alan K. Miller Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 1367 Zimmerman Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment i a record lien on the real property to be sold: Name Address Hatz Sharon C/O Erie Insurance Group C/O Eric Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 ~~ 4. Name and address of the last recorded holder of every mortgage of record: Name Address US Bank NA, as Trustee for 4828 Loop Central Drive ~' the C-BASS Mtg. Loan Asset- Houston, TX 77081 Backed Certificates, Series 2006-RP2 Ameriquest Mortgage Co. 110 Town and Country Road, STE 200 Orange, CA 92868 US Bank Nat'l Association 80 Livingston Avenue As Trustee for the C-Bass St. Paul, MN 55107-2292 Mortgage Loan Asset-Backed Certificates, Series 2006- RP2 Without Recourse Wells Fargo Bank of MN, NA C/O rob Saltzman, Esq 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 5. Name and address of every other person who has any record 1 on the property: Name Address Metroplitan Edison P.O. Box 16001 Reading, PA 19640 United Telephone 1615 Ritner Highway Carlisle, PA 17013-9356 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 Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 28123 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 1367 Zimmerman Road Carlisle, PA 17013 ~ --- .~ I verify that the statements made in this affidavit are true and' correct to the best of my 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: August 29, 2012 UDREN LAW OFFICES, P.C. BY:/~l ~i111.~- At 1~~~ ~~c~fr P~alintiff A RY B. REESE, ESQUIRE PA ID 310501 UDREN LAW OFFICES, P.C. ATTORNEY FOR WOODCRSST CORPORATE CENTER 111 WOODCREST ROAD, SIIITS 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings~udren.com US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE Alan K. Miller NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 r PLAINTIFF' ~ ~ -- -:, ~: ~ ~ ~~~ ~~ ~ ~ c'° r w r-~ ~-~-' ZCa T+ ~ .,.... ~ s.;., TF ~` c - Your house (real estate) at 1367 Zimmerman Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 5, 2012, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA to enforce the court judgment of $148,805.40, 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 ON1~T8R' 3 RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 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 o page two on how to obtain an attorney.) YOU MAY STILL BL ABLL TO SAVE YOUR PROPERTY AND YOU HAYS OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOSS TARE 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 t: 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 amou due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At th, 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 IBIS PAPER TO YOUR LAOPYSR AT ONCE. IF YOU DO NOT BAYS A LA1vYSR OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TBS OFFICE LISTED BELOW TO FIND OUT W88RE YOU CAN GST LEGAL BSLP. 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. WOODCRES'I` CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NAT 08003-3620 856-669-5400 ATTORNEY FOR ;PLAINTIFF US Bank NA, as Trustee for the :COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed :CIVIL DIVISION Certificates, Series 2006-RP2 :Cumberland County Plaintiff €NO. C7-3793 CIVIL TERM v. _ Alan K. Miller Sherry .l. Miller ;: ,> - Defendant (s) _ __ PRAECIPE TO FILE PROOF OF SERVICE ~ __. TO THE PROTHONOTARY: Kindly file the attached Proofs of Ser~rice with reg«rd to the captioned matter. Date: October .,~h 2012 UDREN LAW OFFICES, P.C'. _. _~__ Attorney for Plaintiff Katherine E. Knowlton, Esq PA 1D 311713 L!5 Badk NA as 'trustee. e;, al.. PiaintifE(s} vs. Aran K. Miller. Fit. al.. Defendant(s) UDREN LA~4' vFFICES Ms. Henni Crommarri I 1 t N`aodcrest Rd., Ste. 2.00 Chcrrv Hill, NJ 0$003-3Ei20 Service of Process by '~ '" ~ ,., APS International, L,td. i-800-328-71''1 _ ~ APS International Plaza '~ 7$00 Gienro}' Road ~~_ _~_ M19inneapolis, ~1N 55439-3le~4 APS Fitc N: 1193DG-0066 AFFIDAI'IT OF DUE AND DILIGENT ATTEMPT -~ Service of Process on: --Alan ly. Miller Court Case No. Cumberland Co 07-03793 C'iwii T`errn I Customer File: N070G0223-1 ~ State of: C~ t- `~~~~~ tC~ss. - _ - - - - - -. _ _ County of: '~' .'~~ ~ ~ J '~ Name of Screee : C1,(r.~+rR., ~rx~ a~ ,undersigned„ being duly sworn, deposes and says that at all times mentioned herein, slhe was of legal age and was not apart}.- to this action: Documents Screed: the undersigned attempted to serve the documents described as: Nokice of Sheriff's Sale of f2eaY Property Scn•icc of Process on: The undersigned attempted to serve the documents on _~ Alan K. PVIiOcr and after due and diligent efforts, was unable to effect service. Attempts: The following is a list of the attempts made to effect service: DwicJTime/AdcirrssAnnnpieda $I Keswick D~•,rive, Mechanicsburg, PA 170$0 a Itcasan for "for-htrvirt: 1(7 G /.Z. cK ~e70 t~M AIA Qntta e!' ~ ,VV ~4f~ -jn c~dri ire t.r.~~i Dntrsftinto/AddrrssArtrrnltted: ~,Q~/uJ//2 7'~s''~h +VD It:,, ~~ ~iIJJ Ce.~'~ i~ ~i>++..ee.e..,~ ~/~ t,.iJ-,l-c Jr~l.tj kenxon far \'on-tien~ice: J Dates/iiine(AdJrtss;ltten~pted:~11 ~IJ1 ~/•`/~ Q~ .UL~ /~rS4s( f .(/J C ~•(.S _ . Itcason (or ion-4enice: ~ Based upon the above stated f~~cts. Affiant believes the defendant is avoid' se icr~. Signature of 5crver: i~ i~ llitdersigned declares under penalty of perjury Subscri ed and s. ~ to b fore the u~i that the foregoing is true d correct. / a of , j r ~ y ?r . ~:{i ` J ~ ~ - ~~~ Signawre o~ Server ~ N rv Pub,}ic i SiattG ~. sres APS Intr_rnational, Ltd. COMMONWEALTH OF PENNSYLVANIA Notarial Seal M. MidteNe Guyton, Notary Publk Carlisle Born, Cumberian6 County i`lY Ctxnmisslon Expires luiy 9, 2016 MEMBER. PENM51'LVANlA AS'+nCTAT1M+ (7F NOTARIE:i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 uleadingsnudren.com U.S. Bank National Association, as Trustee € COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- CIVIL DIVISION Backed Certificates, Series 2006-RP2 Cumberland County r _ Plaintiff M cr, tv V. tCD Allan K. Miller ' - Sherry J. Miller N0. 07-3793 Civil Term Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed to Defendant(s),by certified mail and regular first class mail,to the last known address of Defendant(s) as follows: DATE MAILED: February 4, 2013 Allen K. Miller 1367 Zimmerman Road 81 Keswick Drive Carlisle, PA 17013 Mechanicsburg, PA 17050 1 verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: March 19 , 2013 UDREN L P.C. BY Attorney for Plaintiff SALVATORE CAROLLO, ESQUIRE PA 1D 311050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION U.S. Bank National Association,as Trustee 1 for the C-SASS Mortgage Loan Asset- Backed Certificates, Series 2006-RP2 Plaintiff V. ALLEN K. MILLER; ( NO. 07-3793 Civil Term SHERRY J.MILLER;ET AL Defendant(s) ORDER jz AND NOW, this 3 day of i���ut 2013,upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that`service of the Notice of Sale on Defendant(s), ALLEN K. MILLER, shall be complete when Plaintiff or its counsel or agent has served true and correct copies of the Notice of Sale by posting the mortgage premises at: 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: ALLEN K.MILLER 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 ALLEN K.MILLER 81 KESWICK DRIVE MECHANICSBURG,PA 17050 -ate. -+ BY THE COURT: :,, <C ,- J. -r 6� �C rnZ iOp� .. co) m Mmo ��tn m N N� mn P) m0 n W- z W PV Z y + C: to �- m 0 i C3 ,� o N Ln j Ln j N M nJ;R! C6Mfied Fee /V O tiil O C3 V C3 13 (EndO1 MR Postrne* Here C3 C3 (9WOF*SIIe�iReqL*Vd) W �• r I Total Postage&Fees $ W O ru o o a 7�b.;- .� K. M flier - ar PO&nr Ak3 ---------------- ------------- - 81 �vr+ck Drive zrR«a Mechanics 'g, PA 171350 ----°--------- Hasler F 69 0 0 �. N i D ,.I o M LXW OO -aD- 4L NSd(aa-a6t)MW WOW boa L-' •A,labul us datum nip N pas id pus Idpoaj al43 ma8�1NV r.0� _ •Ilan Pue eavisod of 118104 POWSO WM N ' JW44 p iwO l Q, -Iare 841 aed el dpm II8W Pftww,, t e41 uo�Nauue I O eta 444 eoel low ow yew JO ww a4a elvw lP e. 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ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 U.S. Bank National Association, as Trustee COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- CIVIL DIVISION Backed Certificates, Series 2006-RP2 Cumberland County Plaintiff NO. 07-3793 Civil Term = `` V. ALLAN K. MILLER SHERRY J. MILLER; et al ?' 1�C-1 .� Defendant(s) =C:) q PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: 3'19-13 UDREN LAW OFFICES, P.C. BY: A orney for Plaintiff SALVATORE CAROLLO, ESQUIRE PA ID 311050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION U.S.Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset- Backed Certificates,Series 2006-RP2 Plaintiff V. ALLEN K.MILLER; NO. 07-3793 Civil Term SHERRY J.MILLER;ET AL ? Defendant(s) ORDER A AND NOW, this day of ` 2013,upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that,�;ervice of the Notice of Sale on Defendant(s), ALLEN K. MILLER, shall be complete when'Plaintiff or its counsel or agent has served true and correct copies of the Notice of Sate by posting the mortgage premises at: 1367 ZEWMERMAN ROAD CARLISLE,PA 1.7013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: ALLEN K.MILLER 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 ALLEN K.MILLER 81 ]KESWICK DRIVE MECHANICSBURG,PA 17050 ' c -am w -i , THE CQURT ,. - - J. ti FE-) 7y U$Bank NA,as Trustee,et.al.,Plaintiff Service of Process by s) APS International, Ltd. VS. Allen K.Miller,et.al.,Defendant(s) 1-800-328-7171 1 PS 110 lug"'ON41. APS International Plaza 7800 Glenroy Rd. Minneapolis,MN 55439-3122 APS File#: 121405-0001 _ _ _--- _ AFFIDAVIT OF SERVICE -- Individual Service of Process on: UDREN LAW OFFICES --Allen K.Miller,by posting Ms.Henni Crommarty Court Case No.Cumberland Co 07-3793 Civil Term I11 Woodcrest Rd.,Ste.200 ~ Cherry Hill,NJ 09003-3620 State of�- - ss. - - - _- - -- - - - - - - - - - - - - -- - - - - - - - - -- County of Name of Server: Ckr;s+tanoew undersigned,being duly sworn,deposes and says that at the time of service,s/he was of legal age and was not a party to this action; Date/Time of Service: that on the day of Ag_kyu arm_ 20 LL,at : s-v o'clock _PM Place of Service: at 1367 Zimmerman Road . in Carlisle,PA 17013 Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property w/Order(2 copies) Service of Process on: A true and correct copy of the aforesaid document(s)was served on: Allen K.Miller,by posting Person Served,and Method of Service: By personally delivering them into the hands of the person to be served. By delivering them into the hands of lii" ,a person of suitable age,who verified,or who upon questioning stated,that he/she resides with Allen K. Miller,by posting at the place of service,and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ; Skin Color ; Hair Color Facial Hair Approx. Age Approx. Height Approx. Weight C To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury ub ed a d s before me this that the foregoing is true correct. day Signature of Server No Public (Commiss' res) APS International,Ltd. COMMONWEALTH of MNNSYLVMIA Nowell seal M.Michelle Guybon,Notary Publk Carlisle am,Cum Duna cwty MV Omwftm Bq*u MY 9 6 MEMBIM PERNSMYANU ass"Tm of noru2lEs UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 e--, pleadings@udren.com U.S.Bank National Association,as Trustee for COURT OF COMMON PLEAS -- the C-BASS Mortgage Loan Asset-Backed CIVIL DIVISION M �"' r-1`- -�•j'l Certificates,Series 2006-RP2 Cumberland County U)M P') "C:zj Plaintiff - V. MORTGAGE FORECLOSURE �C) L +'C7 -CD ALLAN K.MILLER NO. 07-3793 Civil Term SHERRY J.MILLER, Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff,by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriffs Sale,a true and correct copy of which is attached hereto as Exhibit"A",was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution,on the date(s)appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff s Sale was sent to Defendant(s)by regular mail and certified mail on the date appearing on the attached Return Receipt,which was signed for by Defendant(s)on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit"B". 3. If a Return Receipt is not attached hereto,then service was by personal service on the date specified on the attached Return of Service,attached hereto as Exhibit'B". 4. If service was by Order of Court,then proof of compliance with said Order is attached hereto as Exhibit"B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: JA. ( 3 UDREN LA FFICES,P.C. B Attorneys for Plaintiff SALVATORE CAROLLO, ESQUIRE PA ID 311050 MJU#: 07060223 CASE#: 07060223-1 ` UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com US Bank NA, as Trustee for the € COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed : CIVIL DIVISION Certificates, Series 2006-RP2 : Cumberland County Plaintiff V. : MORTGAGE FORECLOSURE Allan K. Miller : NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129. 1 AND RULE 76 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C. , sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 1367 Zimmerman Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Allan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 81 Keswick Drive Mechanicsburg, PA 17050 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2 . Name and address of Defendant (s) in the judgment: Name Address SAME AS #1 ABOVE 3 . Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon C/O Erie C/O Eric Insurance Group Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Glen C. Cruz 40 Vista Circle Etters, PA 17319 4 . Name and address of the last recorded holder of every mortgage of record: Name Address US Bank NA, as Trustee for 4828 Loop Central Drive the C-BASS Mtg. Loan Asset- Houston, TX 77081 Backed Certificates, Series 2006-RP2 Ameriquest Mortgage Co. 110 Town and Country Road, STE 200 Orange, CA 92868 US Bank Nat' l Association 80 Livingston Avenue As Trustee for the C-Bass St. Paul, MN 55107-2292 Mortgage Loan Asset-Backed Certificates, Series 2006- RP2 Without Recourse Wells Fargo Bank of MN, NA C/O Rob Saltzman, Esq 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 5 . Name and address of every other person who has any record lien on the property: Name Address Metroplitan Edison P.O. Box 16001 Reading, PA 19640 United Telephone 1615 Ritner Highway Carlisle, PA 17013-9356 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, Bureau of Compliance, PO Box 281230 Department of Revenue 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 1367 Zimmerman Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my 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: March19 2013 UDREN LAW FILES, P.C. BY• torneys for Plaintiff SALVATORE CAROLLO, ESQUIRE PA ID 311050 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 Bank ation Association, as Trustee COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- Backed Certificates,Series 2006-RP2 CIVIL DIVISION Plaintiff Cumberland County V. MORTGAGE FORECLOSURE ALLAN K.MILLER SHERRY J.MILLER; Defendant(s) NO. 07-3793 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): ALLAN K. MILLER AND SHERRY J. MILLER; PROPERTY: 1367 Zimmerman Road, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 12/05/2012 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room,2nd Floor,Carlisle, PA 17013. 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. The Sheriff will file a Schedule of Distribution on a date specified by the Sheriff not later than 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. MJU#: 07060223 CASE#: 07060223-1 r EXHIBITA , D (� vi Q CJl ? W N co 00 -1 0 CT 4 W N � Z a„ C D a 0 �� �aN �• Orr N O C> (D(a 7 CD o o a �� m Q V p v J-n W C�� N cn=r (D C pC OC 3: KX N --1 -0;00 "'O nn Z 03=m -,� w k a s -pp M vZ O� ZC CC �C (o_ oa m to ern 0 m moo D " 'o�i C Co N D O to co -�m ° S �� =C7T - ZXZ '� 2� a m Q°� �� m Qa $ �cc 3 -N C- C� c C z m;�ozr c a w 0= n c ZOp CD Q �' Rim my _ "�CI1ID ±, y �m C-3 pp Cj Nam v 2 �, w o 3 CA) N5 con 7 xta� CD rn 0 �`� 6 v D� co�0 5 � C- ��T71� � cC cn � +rr-�C C) cnB �io o�iv3 O °�'+ v�p_ O ,�� D2 Ai UZ n C�1 -1 ^' a. �e p D mtn m� p 2y- v' `` a ' �.Z� '� �0Q �m om ' 3 °w�tmn C) o r m CD q_ co C T,Q � �� a m Gdl.. N 0 z c �' o O Op Z v a 0> r0 -m o 0-0 3 D _ O 3 v y_ U�0 mZ m� M. p -D D�'0 v -am n 1 CD N (D tG -A>. --I D -� 2 C 3 m n �° o D NZO a 2 N D 61 x 900-n O (D 3 N '< D O Q "m W W m w CD OD w W W D ❑❑ 00 1 m v O i v a m (p °y G 016H26519216 `D ❑❑3❑ CL s ' cr -04.400 9 ~ � 3 .� M9/2012 3 1 MaAeCI From 08003 m ' POSTAGE - R �3Oa �i � C)2 pr nan o 017a ❑C ❑C (;uo p Q.O OT O GGy w c m �•r O -'"'�A� O3i m' a y C ��u � C Z 'O� n vijz m a d a? 6� (D 3�a C C �O c (D O _L 3 (f ��w g 00 p ago(D »ja3 m y _ O ch mo$Z o C, m Gov 0�•3� � 4 v°gym nvm M. w- 3;0� a3 a - z I o s� o �N m co a 6 -8. 0 y 3 i c+ a x CD. '$3gnyy� yd cp 3 N N N3 " 3 .. N NO��m T N DID co co 0) vii �i w, iv ° Z o D j-n a'1 m m wa �O CT ` 3 ro aym 7C'w 0$I o cD " `� a 3 Go N (a Q V O— tp fD �.I V ❑ i6• i N W CD m � G7 0 3a, �° < � Z L �' m' N m ma (� 3 j C � WTI I, I I "0�, m c 0= Op �, 0' Dnn y 0 � c ° � m. � -4 ° p Vn N n 0 Z . CDj �D n 01. CO i6 2 a W' ZO m ?I O .-. cl m 096 n3 ca M n 3 a CC s C N o w:. Tm � o C CD Ic m a I a CL y ❑❑❑1 El r► ° y C)I� A Cn $ 0° 5 �i 0 m r a t ❑❑�❑ cr A? -1 CL 3 '! �° o m m 3 M CL - '•- d 3 016H26519216 `g is m ' 5m2m I S WT L C7= � N 2-3 a _" $01. 150 a ❑❑� O o rG y, 2 1 ± 10/19/2012 fD� 3 _ m fir. IM m 0 m- 2,_, i ii:aifece taw it 0 v° C o a h�m i US POSTAGE ;a.< g -m 1 y4 y m Q I W 0 m '5T* 0 n�"�3=¢ n� C�� � o �y Oil m m � cr 0� Qr¢ 0010 s'c� 4 D 3 j a+ S,�o ni fD �1 � � •a; �8 o OI _ oj �c TU1 m a 3 8 m 3 ttmmpl) O 8.g m RL i I II UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 aleadines(audren.com U.S. Bank National Association, as Trustee € COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- € CIVIL DIVISION Backed Certificates, Series 2006-RP2 Cumberland County Plaintiff V. Allan K. Miller Sherry J. Miller NO. 07-3793 Civil Term Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed to Defendant(s),by certified mail and regular first class mail,to the last known address of Defendant(s) as follows: DATE MAILED: February 4, 2013 Allen K. Miller 1367 Zimmerman Road 81 Keswick Drive Carlisle, PA 17013 Mechanicsburg, PA 17050 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: March 19 , 2013 UDREN LAW ICES,P.C. BY Attorney for Plaintiff SALVATORE CAROLLO, ESQUIRE PAD 311050 EXH I B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y CIVIL TRL4,L DIVISION U.S.Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset- Backed Certificates, Series 2006-RP2 Plaintiff V. ALLEN K. MILLER; NO. 07-3793 Civil Term SHERRY J.MILLER;ET AL Defendant(s) j ORDER AND NOW, this 95 day of(�'i,:�� , 2013,upon consideration of Plaintiff s Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale on Defendant(s), ALLEN K. MILLER, shall be complete when'Plaiintiff or its counsel or agent has served true and correct.copies of the Notice of Sale by pasting the mortgage premises at: 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: , ALLEN K. MILLER 1367 Z AIMERMAN ROAD CARLISLE, PA 17013 ALLEN K.MILLER 81 ]KESWICK DRIVE MECHANICSBURG,PA 17050 - K'cq THE COURT: Ev O L � R-�' i 30g s�0 H m CO n � � g m� �rxM Pi m to W 0 x !I P5. H. H. H i fi d F-' n o I o ru;nj ro. (D n p olo m I Co miu, oPoet�e $ to H ru ru Certlffed Fee hd -""* � o I o Renrrrt Real{>tFee Posture* o I o ( orsement f9squirem Here fA _ .....e,.M.w... o o (End �RpW►b to t r- r-j Tote)Postage&Fees n.l nJ L;" r9 r-1 --- 0 0 A11an K. Mir - �` - g1 Keswick Drive «. 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ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 U.S. Bank National Association, as Trustee COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- CIVIL DIVISION Backed Certificates, Series 2006-RP2 Cumberland County Plaintiff NO. 07-3793 Civil Term V. ALLAN K. MILLER SHERRY J. MILLER; et al Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: 3 -H-13 UDREN LAW OFFICES, P.C. BY: A omey for Plaintiff SALVATORE CAROLLO, ESQUIRE PA 1D 311050 E X1 ' FE"I" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION U.S.Bank National Association,as Trustee for the C-BASS Mortgage Loan Asset- Backed Certificates,Series 2006-RP2 Plaintiff V. ALLEN K.MILLER; NO. 07-3793 Civil Term SHERRY J.MILLER;ET AL G Defendant(s) f ORDER AND NOW,this 95 day of IW O ' 2013,upon consideration of Plaintiff s:.Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that�.;ervice of the Notice of Sale on Defendant(s), ALLEN K. MILLER, shall be complete when Plaintiff or its counsel or agent has served true and correct copies of the Notice of Sale by posting the mortgage premises at: 1367 ZIMMERMAN ROAD CARLISLE, PA 1.7013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: ALLEN K.MILLER 1367 ZIMMERMAN ROAD CARLISLE, PA 17013 ALLEN K.MILLER 81 KESWICK DRIVE MECHANICSBURG,PA 17050 c f -a-3 w � .. . _ sY TxE coax . . �. ....t .`T+..; J. E X T Service of Process by 11S Bank NA,as Trustee,et.al.,Plaintiff(s) APS International, Ltd. VS. Allen K.Miller,et.al.,Defendant(s) 1-800-328-7171 DAPS pNffERNAT10NA1, APS International Plaza 7800 Glenroy Rd. Minneapolis,MN 55439-3122 APS File#: 121405-0001 _ AFFIDAVIT OF SERVICE -- Individual rService of Process on: j UDREN LAW OFFICES --Allen K. Miller,by posting Ms.Henri Crommarty Court Case No.Cumberland Co 07-3793 Civil Term I I I Woodcrest Rd.,Ste.200 Cherry Hill,NJ 08003-3620 County of Name of Server: Gkr;s4-1c. 30eg e , undersigned,being duly sworn,deposes and says that at the time of service,s/he was of legal age and was not a party to this action; Date/Time of Service: that on the day of renkyi4 a r-,20 13 ,at :r�o'clock PM Place of Service: at 1367 Zimmerman Road , in Carlisle,PA 17013 Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property w/Order(2 copies) Service of Process on: A true and correct copy of the aforesaid document(s)was served on: Allen K.Miller, by posting Person Served,and Method or Service: By personally delivering them into the hands of the person to be served. By delivering them into the hands of5�,�,.s , a person of suitable age,who verified,or who upon questioning stated,that he/she resides with Allen K. Miller,by posting at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ; Skin Color ; Hair Color Facial Hair Approx. Age Approx. Height Approx. Weight C To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury ub Ibed and s before me this that the foregoing is truest correct. day," 2 L Signature of Server - No Public (Commissi yes) APS International, Ltd. COMMONWEALTH OF PENNSYLVANIA Notarial Seal M.Michelle Guyton,Notary public Carlisle Sm,Cumberland County My Commission E)q*u July 9,201 MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES EX" DIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank NA Case Number vs. Alan K Miller(et al.) 2007-3793 SHERIFF'S RETURN OF SERVICE 09/28/2012 09:15 PM-Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1367 Zimmeman Road, Carlisle, PA 17013, Cumberland County. 10/12/2012 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit:Alan K. Miller, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 1367 Zimmerman Road, Carlisle, PA 17013, property is vacant, defendant did not leave a forwarding address at post office. 10/1512012 Served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant,to wit: Sherry J. Miller at the Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA, Cumberland County on 10/5/12 at 1550 hrs. SHERIFF COST: $927.20 SO ANSWERS, October 19, 2012 RON R ANDERSON, SHERIFF EXHUT (o;CouMySuii,Sherir 7eleoso`t In;:. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff' 0001t Jody S Smith Chief Deputy ' 1; E $' Richard W Stewart Solicitor 6 k$ fi ,afr „z Irlr�#� 7 PEt°fNSyL}AN.--lik US Bank NA Case Number vs. Alan K Miller(et al.) 2007-3793 SHERIFF'S RETURN OF SERVICE 09/28/2012 09:15 PM-Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1367 Zimmeman Road, Carlisle, PA 17013, Cumberland County. 10/12/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit:Alan K. Miller, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found" at 1367 Zimmerman Road, Carlisle, PA 17013, property is vacant, defendant did not leave a forwarding address at post office. 10/15/2012 Served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sherry J. Miller at the Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, PA, Cumberland County on 10/5/12 at 1550 hrs. 11/29/2012 As directed by Harry B. Reese,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/6/2013 02104/2013 As directed by Harry B. Reese,Attorney for the Plaintiff, Sheriffs Sale Continued to 4/312013 04/03/2013 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA on April 3, 2013 at 10:00 a.m.. He sold the same for the sum of$1.00 to Attorney Harry B. Reese, on behalf of U.S. Bank National Assocition, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,383.95 SO ANSWERS, May 23, 2013 RON ~ R ANDERSON, SHERIFF CIO. UDREN,LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCXEST CORPORATE CENTER 1121 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com US Bank NA, as Trustee for the : COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed : CIVIL DIVISION Certificates, Series 2006-RP2 `_ Cumberland County Plaintiff V. = MORTGAGE FORECLOSURE Alan K. Miller - NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129 .1 AND RULE 76 US Bank NA, as Trustee for the C-BASS Mtg. Loan Asset-Backed Certificates, Series 2006-RP2, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P. C. , sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 1367 Zimmerman Road, Carlisle, PA 17013 1 . Name and address of Owner(s) or reputed Owner(s) : Name Address Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 2 . Name and address of Defendant (s) in the judgment: Name Address SAME AS #1 ABOVE 3 . Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hatz Sharon C/O Erie C/O Eric Insurance Group Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 4 . Name and address of the last recorded holder of every mortgage of record: Name. Address US Bank NA, as Trustee for 4828 Loop Central Drive the C-BASS Mtg. Loan Asset- Houston, TX 77081 Backed Certificates, Series 2006-RP2 Ameriquest Mortgage Co. 110 Town and Country Road, STE 200 Orange, CA 92868 US Bank Nat' l Association 80 Livingston Avenue As Trustee for the C-Bass St. Paul, MN 55107-2292 Mortgage Loan Asset-Backed Certificates, Series 2006 RP2 Without Recourse Wells Fargo Bank of MN, NA C/O rob Saltzman, Esq 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 5 . Name and address of every other person who has any record lien on the property: Name Address Metroplitan Edison P.O. Box 16001 Reading, PA 19640 United Telephone 1615 Ritner Highway Carlisle, PA 17013-9356 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, Bureau of Compliance, PO Box 281230 Department of Revenue 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 1367 Zimmerman Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my 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: August 29, 2012 UDRE/N LAW OFFICES, P.C. BY , ;' 'k�� At�Z' n'6 . �'r PT aintiff HARRY B. REESE, ESQUIRE PA ID 310501 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER ,111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com US Bank NA, as Trustee for the ' COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed = CIVIL DIVISION Certificates, Series 2006-RP2 : Cumberland County Plaintiff V. : MORTGAGE FORECLOSURE Alan K. Miller : NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) NOTICE OF SHERIFF' S SALE OF REAL PROPERTY TO: Alan K. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff ' s Sale on December 5, 2012, at 10 : 00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $148, 805 .40, 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 TARE 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. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com US Bank NA, as Trustee for the : COURT OF COMMON PLEAS C-BASS Mtg. Loan Asset-Backed : CIVIL DIVISION Certificates, Series 2006-RP2 : Cumberland County Plaintiff V. ; MORTGAGE FORECLOSURE Alan K. Miller : NO. 07-3793 CIVIL TERM Sherry J. Miller Defendant (s) NOTICE OF SHERIFF' S SALE OF REAL PROPERTY TO: Sherry J. Miller 1367 Zimmerman Road Carlisle, PA 17013 Your house (real estate) at 1367 Zimmerman Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff ' s Sale on December 5 , 2012, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $148, 805 .40, 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 TARE 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 MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD; THENCE IN AND ALONG SAID ZIMMERMAN ROAD SOUTH SEVENTY-FOUR (74) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED THIRTY-SIX AND FORTY-FOUR HUNDREDTHS (136 .44) FEET TO A P.K. NAIL IN SAID CENTERLINE; THENCE ALONG LOT NO. 3 AND LANDS N/F OF WILSON P. HURLEY, ET UX, SOUTH THIRTY (30) DEGREES THIRTY-SIX (36) MINUTES THIRTY-NINE (39) SECONDS WEST ONE HUNDRED SIXTY-ONE AND EIGHTYFOUR HUNDREDTHS (161 . 84) FEET TO AN IRON PIN AT LANDS N/F OF WILSON P. HURLEY, ET UX; THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSES AND DISTANCES : SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST THIRTY-SEVEN (37) FEET TO AN IRON PIN; THENCE SOUTH THIRTY (30) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS EAST ONE HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (151 . 50) FEET TO AN IRON PIN AT LANDS N/F OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTYSEVEN (77) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS (140 . 80) FEET TO AN IRON PIN AT LANDS OF DR. WILLIAM BROD; THENCE ALONG THE LAST MENTIONED LANDS NORTH TWO (02) DEGREES FORTY-SIX (46) MINUTES FORTY (40) SECONDS WEST THREE HUNDRED SIXTY AND TWENTY-ONE HUNDREDTHS (360 .21) FEET TO A P.K. NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD AND THE PLACE OF BEGINNING. CONTAINING 0 . 7145 ACRES, OR 31, 125 . 197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT F. HARTMAN JR. , REGISTERED ENGINEER, DATED APRIL 5, 1982 . BEING KNOWN AS : 1367 Zimmerman Road Carlisle, PA 17013 PROPERTY ID NO. : 22-10-0640-071 TITLE TO SAID PREMISES IS VESTED IN ALLAN K. MILLER AND SHERRY L. MILLER, HIS WIFE BY DEED FROM MERLE EDWARD MILLER AND DAISY CORA MILLER, HIS WIFE DATED 5/3/1982 RECORDED 5/4/1982 IN DEED BOOK T 29 PAGE 528 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 07-3793 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA,AS TRUSTEE FOR THE C-BASS MTG. LOAN ASSET-BACKED CERTIFICATES,SERIES 2006-RP2 Plaintiff(s) From ALAN K. MILLER,SHERRY J.MILLER (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $148,805.40 L.L.: $.50 Interest FROM 8/15/2007 TO DATE OF SALE DECEMBER 5,2012 ONGOING PER DIEM OF $28.93 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $56,124.20 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $3,437.96 Other Costs: Plaintiff Paid: Date: 8/30/2012 Da D. , Prothono ry (Seal) By: Deputy REQUESTING PARTY: Name: HARRY B.REESE,ESQUIRE Address:UDREN LAW OFFICES,P.C. TRUE COPY FROM RECORD WOODCREST CORPORATE CENTER In Testimony whereof, l here unto set my hand and the seal of said Court at Carlisle,Pa. 111 WOODCREST ROAD,SUITE 200 This __Z day of 20 CHERRY HILL,NJ 08003-3620 rothonclary / Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No.310501 On August 31, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, known and numbered 1367 Zimmerman Road, Carlisle, PA 17013 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2012 By: Claudia Brewbaker, Real, Estate Coordinator ON ZIOZ i 2007-3793 CM TorTn US Bank NA Vs Alan K MNjw Shwry J MpNr Any: Mark Udrsn ALL THAT CERTAIN TRACT OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, ' PENNSYLVANIA,BOUNDED AND DESCRIBED AS FOLLOWS,TO WTP. BEGINNING ATA P.K.NAIL IN THE CENTERLINE OF ZLMMERMAN ROAD; THENCE IN AND ALONG SAID Z AMERMAN ROAD SOUTH SEVENTY-FOUR(74)DEGREES THIRTY(30)MINIM ZERO(00) SECONDS EAST ONE HUNDRED THHUYSD{AND FOIE Y-FOUR HUNDREDTHS(136.44)FEET TO ARK NAIL IN SAID CMfIERIJNI THENCE;ALONG LOT NO.3 "ND LANDS N/F OF WILSON P. HURLEY,ET UX,SOUTH THIRTY (30)DEGREES THIRTY-SIX(36) <MINUTES'TIMTY=NINE(39) SECONDS WEST ONE HUNDRED SDUY-ONE AND EIGHTYFOUR HUNDREDTHS(161.84)FEET TO AN IRON FIN AT LANDS N/FOF WILSON P.HURLEY,ET UX;THENCE ALONG THE LAST MENTIONED LANDS THE FOLLOWING COURSRS AND DISTANCES:SOUTH FIFTY- ONE(51)DEGREES THIRTY(30) MINUTES ZERO(00)SECONDS EASTTFIWY­SEVENt(37)FEET TO AN IRON PIN,THENCE SOUTH THIRTY(30)DEGREES THIRTY(30) MINUTES ZERO(00)SECONDS EAST ONE HUNDRED FIFTY-ONE AND-= RFTY HUNDREDTHS(151.50)FEET T6 AN IRON PIN AT LANDS N/F OF DR WILLIAMBROD;THENCE ALONG THE LAST MENTIONED LANDS SOUTH SEVENTYSEVEN(77) DEGREES THIRTY(30)MINUTES ZERO(00)SECONDS WEST ONE HUNDRED FORTY AND EIGHTY HUNDREDTHS(140.80)FEET TO AN IRON PIN AT LANDS OF DR WILLIAM BROD;THENCE ALONG THE LAST MENTIONED LANDS NORTH Two(02)DEGREES FORTY-six(46)mecr BS FORTY (40)SECONDS WEST THREE HUNDRED SDaY AND TWENTY- ONE HUNDREDTHS(360.21)FEET TO A P.K.NAIL IN THE CENTERLINE OF ZIMMERMAN ROAD AND THE PLACE OF BEGINNING. CONTAINING 0.7145 ACRES,OR 31,125.197 SQUARE FEET IN ACCORDANCE WITH A SURVEY PREPARED BY ROBERT R HARTMAN R.,REGISTERED ENGINEER, DATED APRIL 5,1982. BEING KNOWN AS: 1367 Zimmerman PA 17013 NESTM FROM MERLE EDWARD MILLER AND DAISY CORA MILLER,HIS WIFE BATED 5/3/1982 RECORDED 5/4/198?IN DEED BOOK T 29 PAGE 528. CUMBERLAND LAW JOURNAL Writ No. 2007-3793 Civil Term with a survey prepared by Robert F. Hartman Jr., Registered Engineer, US Bank NA dated April 5, 1982. vs. BEING KNOWN AS: 1367 Zimmer- Alan K. Miller, Sherry J. Miller man Road Carlisle,PA 17013. PROPERTY ID NO.: 22-10-0640- Atty.: Mark Udren 071. ALL THAT CERTAIN tract of TITLE TO SAID PREMISES IS land situate in Monroe Township, VESTED IN Allan K. Miller and Cumberland County, Pennsylvania, Sherry L. Miller, his wife by deed bounded and described as follows, from Merle Edward Miller and Daisy to wit: Cora Miller,his wife dated 5/3/1982 BEGINNING at a P.K. nail in the recorded 5/4/1982 in Deed Book T centerline of Zimmerman Road; 29 Page 528. thence in and along said Zimmerman Road South seventy-four(74)degrees thirty(30)minutes zero(00)seconds East one hundred thirty-six and forty-four hundredths(136.44)feet to a P.K.nail in said centerline;thence along Lot No. 3 and lands n/f of Wilson P.Hurley,et ux,South thirty (30) degrees thirty-six (36) minutes thirty-nine (39) seconds West one hundred sixty-one and eightyfour hundredths (161.84) feet to an iron pin at lands n/f of Wilson P.Hurley, et ux; thence along the last men- tioned lands the following courses and distances: South fifty-one (51) degrees thirty(30)minutes zero(00) seconds East thirty-seven(37)feet to an iron pin;thence South thirty(30) degrees thirty(30)minutes zero(00) seconds East one hundred fifty-one and fifty hundredths(151.50)feet to an iron pin at lands n/f of Dr.William Brod; thence along the last men- tioned lands South seventyseven(77) degrees thirty(30)minutes zero(00) seconds West one hundred forty and eighty hundredths(140.80)feet to an iron pin at lands of Dr.William Brod; thence along the last mentioned lands North two(02)degrees forty-six (46)minutes forty(40)seconds West three hundred sixty and twenty-one hundredths (360.21) feet to a P.K. nail in the centerline of Zimmerman Road and the place of BEGINNING. CONTAINING 0.7145 acres, or 31,125.197 square feet in accordance 67 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: October 26, November 2 and November 9, 2012 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. r L isa Marie Coyne,I ditor SWORN TO AND SUBSCRIBED before me this --9, dav of November, 2012 Notary DEBORAH N!JARIAL SEAL A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My commission Expires Apr 28,2014 itatK Co. 2020~�w~�� �����` ~ �"��� —'� the Patr1*otwXews����� ��� 8����� ����K8 &�����&� M����sburg' PA 17050 Now �«. ~� ~. Inquiries - 717-255_8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 1G. 1S2Q Commonwealth of Pennsylvania, County ofDauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the rnrnonvveo/th of Pennsylvania, with its principal office and place of business at2D2OTechnology Pkwy, Suite 300, in the vnship of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday -iot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aaaid- that The Patrio�Nevveand The Sunday Patho�Nevvov��naaetabUehedK8orch4th. 1854. and Septanlber18th. 1848. active|y. 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 and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said vany is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the )Iders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds or said County of Dauphin in Miscellaneous Book^K8''. Volume 14. Page 317. 4 }BLICATIC;N This himmd ran om the dste(w)shown below: 10/26112 11HN2K12 11/09K12 12A.D. J'a M i Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Sherrie L.Owens,Notary Public Lower Paxton Twp.,Dauphin County MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ^ My Commission ExplreS NOV.26,2015 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Zie gler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which C-Bass Mtg Loan Asset-Backed Cert Series 2006-RP2 is the grantee the same having been sold to said grantee on the 3rd day of April A.D., 2013, under and by virtue of a writ Execution issued on the 30th day of August, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3793, at the suit of U.S. Bank NA as Trustee for the C-Bass Mtg Loan Asset-Backed Cert Series 2006LRp2 against Alan K. Miller and Sherry J. Miller is duly recorded as Instrument Number 201318599. IN TESTIMONY WHEREOF, I have hereunto set my hand and se of said office this � day of A.D. X ecorder of Deeds R d *Wbnd OMM Caft,PA si M=y :' mT' Exotmes the Frd Lbx1ay of Jan.2014