The URL can be used to link to this page

Home My WebLink About07-4552UDREN 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 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for MASTR Asset Backed =_CIVIL DIVISION Securities Trust 2003-OPT2 Mortgage Pass-Through :Cumberland County Certificates Series 2003-OPT2 6501 Irvine Center Drive Irvine, CA 92618-2118 Plaintiff v. Carol L. Nelson 75 Red Tank Road NO. ~7 ^ ~~""'~ ~l•U ~/ ,~~fL"~'~ Boiling Springs, PA 17007 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 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Av=so Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hate falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la torte 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 torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A ITN ABOGADO INN~DIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCIIENTRA ESCRITA ABAJO PARR AVERIGIIAR DONDE SE PIIEDE 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 111 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: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-OPT2 Mortgage Pass-Through Certificates Series 2003-OPT2 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: 75 Red Tank Road MUNICIPALITY/TOWNSHIP/BOROUGH: South Middleton Township COUNTY: Cumberland DATE EXECUTED: 12/4/02 DATE RECORDED: 12/10/02 BOOK: 1786 PAGE: 2240 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 7/21/07: Principal of debt due $228,341.55 Unpaid Interest at 10.375~* from 2/1/07 to 7/21/07 (the per diem interest accruing on this debt is $64.91 and that sum should be added each day after 7/21/07) 11,115.11 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's dale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $457.95 and that sum should be added on the first of each month after 7/21/07) 6,389.26 Late Charges (monthly late charge of $127.19 should be added in accordance with the terms of the note each month after 7/21/07) 629.85 Suspense Balance (142.59) NSF Fees 100.00 Recoverable Balance 48.00 Interest on Advance 1,981.34 Attorneys Fees (anticipated and actual to 5~ of principal) 11,417.08 TOTAL $260,484.60 *This interest rate is subject to adjustment as more fully set forth is the Note aad 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 $260,484.60 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 All [hat Certain tract Or ynret'l uj•lnud rtud prr'rniarx, xihurfe•, f~irru ernrl Gr~in~l in fhr Township of South Middleton i+r lhr ('auuf~ uJ' Cumberland and Comu:ouu•eaff/t trjl'ersrxylnrKia, ueorr ynrliculurJU tfrxcnbct! ax Jirffeu'x: Bounded and described ix- accordance with a subdivision plan prepared by John X. Bixler III, R.P.L.S., dated Aecember 1. 1989, recorded in the Office of the Recorder of~ Denda in and £or Cumberland County in Plan Book (rJ~ page 1y . BEGIIItIZNC at a parker kalon line in Red Tank Road (7-54T); thence along other lands now or formerly of George F. iliae North 67 degrees 17 minutes 4lseconda Eaat.:416.b2 feet to an iron pin in lands of same; thence continuing along lands of same. South ;~13 degrees 41 minutes 11 Seconds EaSL 428.01 fret to an iron pin in lands of same; thence continuing along same North 81 degrees 04 minutes DO seconds 5:esc 379.36 fees to a parker kalon line 1n Aed Tank goad; thence along Red Tank Road, North 26 . degrees O1 minutes 46 seconds blest 28.]2 feet to an existing parker kalon nail; Lhence continuing slang Red Tank Road. North 30 degrees 05 minutes 46 seconds Neat 15b.70 feet to an existing parker kalon nail; thence along same Horth 29 degrees 29 minutes I5 seconds West 39.93 feet to a parker kalon line, the paint and place of BEGINKING. SUBJECT to a twenty-five (2S) foot dedicated right-of-way line along Red Tank Road (T-542). SUBJECT also to a thirty (30) fool drainage easement se set Earth on the aforesaid plan. BE72~G designated ae Lot No. 4. CONTAINIRG 2.7866 acres. LOAN NO DATE LETTER VER REQ DESCRIPTION 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI 647/00 1 02243 1 9/OPO 10/ 1 /9/0000000000000 June 04, 2007 Carol L Nelson 75 Red Tank Rd Boiling Springs, PA 17007-9555 DATE PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI Homeowners Name: Carol L Nelson Property Address: 75 Red Tank Rd, South Middleton PA 17007 Loan Account No.: 0010224319 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM rUKI/CLUSUKE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS ~~~~~~~ ~ IF YOU COMPLY WITH THE'~ROVISIONS OF THE HOMEOWNER'S EMERGENCY PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI 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 OPO10 (Page 1 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI 647/0010224319/OPO 10/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, or you may find them by visiting the website at http://www.phfa.org/ PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI applications/counseling_agencies.aspx. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions to schedule one face-to-face meeting. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO10 025 R30 Part 1 PA NOI (Page 2 of 9) OPO10 025 R30 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPOI 1 016 R30 Part 1 PA NOI 647/0010224319/OPO 11 /3/9/0000000000000 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 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OPO11 016 R30 Part 1 PA NOI 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. (Page 3 of 9) OPO11 016 R30 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP012 023 R30 Part 2 PA NOI 647/0010224319/OPO 12/4/9/0000000000000 Re: Loan No. 0010224319 ********************************************************************** 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 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP012 023 R30 Part 2 PA NOI Emergency Mortgage Assistance.) ********************************************************************** HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 75 Red Tank Rd, South Middleton PA 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 2,557.41 MONTHS @ $.00 $ 7672.23 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP012 023 R30 Part 2 PA NOI (b) Previous late charges; $ 377.91 (c) Other charges; Escrow, Inspection, NSF checks $ 1,952.11 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 10002.25 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP012 023 R30 Part 2 PA NOI OP012 (Page 4 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP012 023 R30 Part 2 PA NOI 647/0010224319/OP012/5/9/0000000000000 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 $10002.25, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP012 023 R30 Part 2 PA NOI Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, Fl Jacksonville, FL 32246 Mailstop: J1 CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP012 023 R30 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP013 020 R30 Part 3 PA NOI 647/0010224319/OP013/6/9/0000000000000 Re: Loan No. 0010224319 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 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP013 020 R30 Part 3 PA NOI 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 brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP013 020 R30 Part 3 PA NOI 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 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP013 020 R30 Part 3 PA NOI 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. OP013 (Page 6 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP013 020 R30 Part 3 PA NOI 647/00 1 02243 1 9/OP013/7/9/0000000000000 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) SIX Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP013 020 R30 Part 3 PA NOI 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. (Page 7 of 9) OP013 020 R30 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP014 038 R30 Part 4 PA NOI 647/0010224319/OP014/8/9/0000000000000 Re: Loan No. 0010224319 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP014 038 R30 Part 4 PA NOI Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-1500 ext.61730 Fax Number: 1-866-497-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore Office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com 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 -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP014 038 R30 Part 4 PA NOI other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP014 (Page 8 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP014 038 R30 Part 4 PA NOI 647/0010224319/OP014/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/07 0010224319 06/04/07 OP014 038 R30 Part 4 PA NOI (Page 9 of 9) OP014 038 R30 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. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. ~ ~ _^ M V V ~~ ) ~ ~ V ~~ ~~ 1,"~ {'~'' f ": --- ~~` f. _ ,__ ~_ ^~ ~~,,. ~ •- N C~ C'~ _~,~ ~' ~~ C; 1 t'~t t';3 .,,,; Q -o ~ i" ~ f, r. -r~ C~ f7"1 SHERIFF'S RETURN - REGULAR CASE N0: 2007-04552 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS NELSON CAROL L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ~T~T.enrT rannr. r, the DEFENDANT at 1420:00 HOURS, on the 9th day o.f August 2007 at 75 RED TANK ROAD BOILING SPRINGS, PA 17007 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 Service Affidavit Surcharge Sj/~, f b-? L~ J Sworn and Subscibed to before me this of So Answers: 18.0 0 .~~ 6.72 .00 10.00 R. Thoma Kline .00 34.72 08/10/2007 UDREN LAW OFFICES By: day Deputy eriff A.D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARREMA, ESQIIIRE - ID #203437 LOUIS A. SIMONI, ESQIIIRE - ID #200869 WOODCRSST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as :COURT OF COMMON PLEAS Trustee for MASTR Asset Backed :CIVIL DIVISION Securities Trust 2003-OPT2 :Cumberland County Mortgage Pass-Through Certificates Series 2003-OPT2 Plaintiff NO. 07-4552 CIVIL TERM v. _ Carol L. Nelson. Defendant PRASCIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE. DATED:October 8, 2008 ~./ CJ \~~~/,. UDREN P.C. B Attor ~P3-~r~ntiff MARK J. UDREN, STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE c:; ~ C.~ -'r _- ~ ~ ... ~ J V ~"~ ~...i+,, 5