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Home My WebLink About03-5360MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, 'COURT OF COMMON PLEAS N.A., as Trustee for :CIVIL DIVISION registered holders of Option One Mortgage Loan trust 2001- =Cumberland County A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road = NO. 03 J34Z C?V?C??'/? y Shippensburg, PA 17257 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 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 demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demands. 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 O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written :request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway., Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff: is an assignee then it is such by virtue of the following recorded assignments: Assignor: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of option One Mortgage Loan trust 2001-A. Asset Backed Certificates, Series 2001-A Recording Date: 9/16/02 Book: 690 Page: 1154 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: 150 Mt. View Road MUNICIPALITY/TOWNSHIP/BOROUGH: South Newton Township COUNTY: Cumberland DATE EXECUTED: 11/29/00 DATE RECORDED: 11/30/00 BOOK: 1655 PAGE: 50 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 9/22/03: Principal of debt due $101,931.36 Unpaid Interest at 10.3% from 5/01/03 to 9/22/03 (the per diem interest accruing on this debt is $28.76 and that sum should be added each day after 9/22/03) 4,132.45 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $160.15 and that sum should be added on the first of each month after 9/22/03) 150.83 Late Charges hl (mont yy late charge f 555.82 o should be added in ac cordance with the terms of the note each month after 9/22/03) 285.16 Attorneys Fees (anticipated and actual to 5% of principal) 5,096.57 TOTAL $112,126.37 *This interest rate is subject to adjustment as more fully 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 $112,126.37 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. (V ) Mark J. Udr , ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATED IN SOUTH NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BEING DESIGNATED AS LOT NO. 4 ON THE SUBDIVISION PLAN PREPARED BY WILBUR H. CLIFTON, REGISTERED SURVEYOR, DATED October 23, 1979, FOR RODNEY E. ABY, AND RECORDED IMMEDIATELY PRIOR HERETO IN CUMBERLAND COUNTY PLAN BOOK 37, PAGE 35, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MOUNTAIN VIEW ROAD (T-321) (33 FEET WIDE) AS A POINT SITUATED .040 MILES SOUTH OF PENNSYLVANIA LEGISLATIVE ROUTE 21008; THENCE FROM SAID BEGINNING POINT BY THE CENTER LINE OF MOUNTAIN VIEW ROAD, SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST 200.00 FEET TO A SPIKE IN SAID ROAD; THENCE BY OTHER PROPERTY NOW OR FORMERLY OF RODNEY E. ABY AND DEBRA ANN ABY., HUSBAND AND WIFE, THE FOLLOWING TWO COURSES AND DISTANCES (1) SOUTH 80 DEGREES 42 MINUTES 47 SECONDS WEST 386.00 FEET TO AN IRON PIN; (2) NORTH 15 :DEGREES 00 MINUTES 00 SECONDS' EAST, 200.00 FEET TO AN IRON PIN; THENCE BY PROPERTY NOW OR FORMERLY OF RODNEY E. ABY AND DEBRA ANN ABY, HUSBAND AND WIFE, AND PROPERTY NOW OR FORMERLY OF RICHARD W.. BEECHER, NORTH 80 DEGREES 42 MINUTES 47 SECONDS EAST 386.00 FEET TO A SPIKE IN THE CENTER OF MOUNTAIN VIEW ROAD, THE PLACE OF BEGINNING. CONTAINING 1.615 ACRES. UNDER AND SUBJECT TO BUILDING LINES SET FORTH ON SAID PLAN. x I M h LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 08/05/03 OP171 016 FL1 Part 1 Pennsylvania NOI FA - v1>9=lj August 05, 2003 .c:f -7 vv/ • 25/0 • c>003.88557' 5356 /'-/ Teresa L Noel 150 Mountain View Rd Shippensburg, PA 17257-9662 Homeowners Name: Teresa L Noel Property Address: 150 Mount View Rd, Shippensburg PA 17257 Loan Account No.: 0003907227 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP171 016 FL1 Part 1 Pennsylvania NOI Original Lender: OPTION ONE Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP171 016 FL1 Part 1 Pennsylvania NOI * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO PF : 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP171 016 FL1 Part 1 Pennsylvania NOI NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO UAIL. OP171 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP171 016 FL1 Part 1 Pennsylvania NOI Re: Loan No. 0003907227 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 contact HUD directly at 800-569-4287 or visit the HUD PF : 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP171 016 FL1 Part 1 Pennsylvania NOI website at www.hud.gov/offices/hsg/sfh/hoc/hcopro'fl4.cfm. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from -the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. PF: 1 SC F 2 SC 6 LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP171 016 FL1 Part: 1 Pennsylvania NOI YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. OP171 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP172 026 FL1 Part: 2 Pennsylvania NOI Re: Loan No. 0003907227 ********************************************************************** NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP172 026 FL1 Part 2 Pennsylvania NOI NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 150 Mount View Rd, Shippensburg PA 17257 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: 1 MONTHS @ $ 1,090.45 2 MONTHS @ $ 1,089.99 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, PF: 1 SC F 2 SC B $ 3270.43 $ 173.58 LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP172 026 FL1 Part: 2 Pennsylvania NOI it any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 3444.01 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (DO not use it not applicable): HOW TO CURE THE DEFAULT - You may cure the default: within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3444.01, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 0P172 026 FL1 Part 2 Pennsylvania NOI Overnight Mail Address Western Union Quick Collect 3 Ada Pay to: Option One Mortgage Corporation Irvine, Ca. 92618 Code City: Option, Ca You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) 0P172 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP173 012 FL1 Part: 3 Pennsylvania NOI Re: Loan No. 0003907227 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment: of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP173 012 FL1 Part 3 Pennsylvania NOI 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 will not be required to pay attorney's fees. PF : 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP173 012 FL1 Part 3 Pennsylvania NOI OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right -to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP173 012 FL1 Part 3 Pennsylvania NOI lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. OP173 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP174 029 FU Part 4 Pennsylvania NOI Re: Loan No. 0003907227 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 7515 Irvine Center Drive Attn: Ed Turner Address: Irvine, CA. 92618 Phone Number: 800-326-1500, Ext. 48004 Fax Number: 949-784-6033 PF: 1 SC F LOAN NO 0003907227 Contact Person: Office hours: DATE LETTER VER REG DESCRIPTION DATE 09/24/03 08/05/03 OP174 029 FL1 Part: 4 Pennsylvania NOI Ferdinand Lim Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday 8:00 a.m. to 5:00 p.m. EFFECT OF SHERIFF'S SALE - You should realize that: a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You 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 other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05/03 OP174 029 FL1 Part. 4 Pennsylvania NOI * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. QHOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE 'YOU MAY HAVE TO SUCH PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 09/24/03 0003907227 08/05103 OP174 029 FL1 Part 4 Pennsylvania NOI ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. OP174 PF: 2 SC B V E R I F I 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. U en, ESQUIRE MARK J. UDREN & ASSOCIATES „ r 7,3 i ,J i A J DP-3 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05360 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS NOEL TERESA L CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NOEL TERESA L the DEFENDANT , at 1944:00 HOURS, on the 14th day of October 2003 at 150 MOUNTAIN VIEW ROAD SHIPPENSBURG, PA 17257 TERESA L. NOEL 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: So Answers: Docketing 18.00 Service 14 , 49 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.49 10/15/2003 MARK UDREN Sworn and Subscribed to before By: me this ,2,3A+1 day of De u y S eri f ,20D A. D. Prothonotary MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of option one Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A Plaintiff V. Teresa L. Noel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-5360 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: November 18, 2003 MARK J. UDREN & ASSOCIATES BY J. Udren, Esqui Attorney for :Plaintiff OCT.20.2003 11:29AM Mall MARK J UDREN & ASSOC 856 4825384 N0.0216-P. 2/9 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 uneworn falsification to authorities. Date / JULIE E. McCOMBS Y4 Assistant Secretarq Teresa L. Noel Loan #0003907227 MJU #03090418 r? = a ?- Lv ;, ?'-'., '? Z C: -" - 7_, -G CJ -G MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 Defendant(s) NO. 03-5360 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER ANLLASMS]-4ENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 9/23/2003 to 11/18/2003 Late charges per Complaint From 9/23/2003 to 11/18/2003 Escrow payment per Complaint From 9/23/2003 to 11/18/2003 $112,126.37 1,639.32 111.64 3Z--34 TOTAL 5114 L2? 5 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MARK J. UDR ASSOCIATES r Ma U ren, Esquire torney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ? )nf) /Qt , 66/ Q' ?. PRO PRO HY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of Option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A Plaintiff V. Teresa L. Noel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-5360 Civil Term TO: Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 DATE of Notice: November 6, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE 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 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, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE 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 PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. We Mark J. , Esquire 1040 North Kings Highway, Suite 500 Cherry Hill, New Jersey 08034 OCT, 20. 2003 11; 29AM Mail MARK J UDREN & ASSOC 656 4825384 NO-0216-P. 3/9 MARK J. ODREN & ASSOCIATES 8Ys Mark J. Udren, Esquire ATTIC I.D. NO. 04302 1040 N. SINGS $IGMAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as trustee for registered holders of Option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE 3NO. 03-5360 Civil Term ,,WyA;F/FIDAVIT OF NON-MILITARY SERVICE STATE OF (.?W I tf COUNTY OF Lit a1 rc?k' SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are Lased 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: Teresa L. Noel Age; Over 18 Residence: As captioned above ?? n Employment: Unknown r? n A Sworn to and subs ribed before me this c5z'-f ax ?S Nota lic JULIE E. McCOMBS Assistant Secretary IMELDA BARRAGAN 6?zzj`?,? COMM. #1335914 $ 2 NOTARY PUBLIC. CALIFORNIAQ ORANGE COUNTY ro ?? _ - - _ - My Comm. Exp. 1-n. 19, 2006 ?` ? 4 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of Option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-5360 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $114,197.63 Interest From 111-1912,0-U 3,048.56 to Date of Sale March 3, 2004 Per diem 0$28.76 (Costs to be added) $ __ MARK J. UDREN & ASSOCIATES Mar J, dren, Esquire ORNEY FOR PLAINTIFF 0 ?? CE, VIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5360 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001- A. ASSET BACKED CERTIFICATES, SERIES 2001-A Plaintiff (s) From TERESA L. NOEL (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 $114,197.63 L.L. $.50 Interest FROM 11/19/03 TO DATE OF SALE 3/3/04 - PER DIEM @$28.76 - $3,048.56 Atty's Comm % Atty Paid $124.49 Plaintiff Paid Date: NOVEMBER 19, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary P ?Bv: ? Qom.., . ?"" Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court W No. 04302 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO.' 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-5360 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. MARK J. UDREN & ASSOCIATES Mark . U ren, quire ATTORNEY FOR PLAINTIFF `T MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. RINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of Option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-5360 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of Option One Mortgage Loan trust 2001-A. Asset Backed Certificates, Series 2001-A, Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 150 Mt. View Road, a/k/a 150 Mountain View Road, Shippensburg, PA 17257 (South Newton Township) 1. Name and address of Owner(s) or reputed Owner(s): Name Address Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 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 Moffitt Heart & Vascular Group Address to Follow Carlisle Digestive Disease 241 Alexander Spring Road Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 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 ax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 150 Mt. View Road a/k/a 150 Mountain View Road Shippensburg, PA 17257 (South Newton Township) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: November 18, 2003 ark J. Udren, Esquire Attorney for Plaintiff C- C.: ''-? -i? ":: ?,?; ._._ ;', .y r i' =` , "- :.n i =?; ,-- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of Option One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-5360 Civil Term Defendant(s) 1?O_TICE OF SHERIFF __S SALE_Q REAL PROPERTY TO: Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 Your house (real estate) at 150 Mt. View Road, a/k/a 150 Mountain View Road, Shippensburg, PA 17257, (South Newton Township) is scheduled to be sold at the Sheriff's Sale on March 3, 2004, at 10:00 a.m. in the Commissioners Hearing Room, 2nd. Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $114,197.63, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE-CF-OWNER-'S,-RIGHTS YOU MAY SE ABLE TSL_PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immeddiatj "bona 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: (R56)-"2-7-6-9-00- 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 STIj,j,__BE ABLE TO SAYS YOUR PROPERTY AND YQIL_IiAVE-OTHER RIGHTS EVEN IF-THE-SHERIFF'S S1iLE DOES TAKE -PLAOE- 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C?? Q ,-? C". ri . -r t, ? n ? .. ..;' iyi r?: %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 856-482-6900 Wells Fargo Bank Minnesota, N.A., as Trustee for registered holders of option one Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. Teresa L. Noel 150 Mountain View Road Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-5360 Civil Term SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Teresa Noel, has filed Chapter 13 Bankruptcy in the Eastern District of Pennsylvania on January 22, 2004, Bankruptcy Case No. 04-00398. Mark J. Ud en, E quire UDREN LAW OFFICE , P.C. Attorney for Plaintiff C1 N o -T) M Wells Fargo Bank Minnesota, N.A., As Trustee for registered holders of Option One Mortgage Loan Trust 2001- A, Asset Backed Certificates, Series 2001-A VS Teresa L. Noel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5360 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. Udren. Sheriffs Costs Docketing 30.00 Poundage 15.30 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 17.94 Law Journal 311.90 Patriot News 309.43 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 780.39 paid by attorney 02/24/04 Sworn and subscribed to before me SoAnswers: This .1 . day of I zl- y // R. Thomas Kline, Sheriff 2004, A.. BY i Prothonotary Real Es e Deputy f 1 SiJ ??j N `P o3 `f THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Ig Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verity 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 Dauphin in Miscellaneous Book "M", Volume 14, Page 317. f A _ PUBLICATION COPY SALE #36 Sworn to and subscrib d b for a t) is 23rd ddy of ary 2004 A.D. r ---- -«na see Tent' L Russell, Notary P . City of Harrisburg, Dauphin County N TARY PUBLIC My Commission Expires June 6,20M MVrAW P0mw+ Mrd8Msode>looa 8 oy commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 309.43 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly 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 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 98 Writ No. 2003-5360 Civil Wells Fargo Bank Minnesota, N.A., 1Sa Marie CO Editor as Trustee for registered holders Yn of Option One Mortgage Loan Trust 2001-A, Asset Backed SWORN TO AND SUBSCRIBED before me this Certificates. Series 2001-A VS. 30 day of JANUARY 2004_ Teresa L. Noel Atty.: Mark J. Udren ALL THAT CERTAIN lot or par- cel of ground situated in South New- ton Township. Cumberland County, Pennsylvania, and being designated N&AW SEAL as Lot No. 4 on the Subdivision Plan LOIS E. SNYDER, Notary PUNC prepared by Wilbur H. Clifton, reg- CatIISIa BOfO, CUmbarland County 1979, d for Rodsurveyor,ney d E. dated Aby. and October re23,- My Commission E)OMS MafCh 5, 2005 1979, corded immediately prior hereto in Cumberland County Plan Book 37. Page 35. as follows: BEGINNING at a point in the cen- ter line of Mountain View Road (T-321) (33 feet wide) as a point situ- ated .040 miles South of Pennsyl- vania Legislative Route 21008; thence from said beginning point by the center line of Mountain View Road. South 15 degrees 00 minutes UU seconds west zuu.00 feet to a spike In said road; thence by other property now or formerly of Rodney E. Aby and Debra Ann Aby, hus- band and wife, the following two courses and distances (1) South 80 degrees 42 minutes 47 seconds West 386.00 feet to an iron pin; (2) North 15 degrees 00 minutes 00 seconds East. 200.00 feet to an iron pin; thence by property now or for- merly of Rodney E. Aby and Debra Ann Aby, husband and wife, and property now or formerly of Rich- ard W. Beecher, North 80 degrees 42 minutes 47 seconds East 386.00 feet to a spike in the center of Moun- tain View Road, the place of begin- ninn as Lot No. 4 on the Subdivision Plan prepared by Wilbur H. Clifton, reg- istered surveyor, dated October 23, 1979. for Rodney E, Aby, and re- corded immediately prior hereto in Cumberland County Plan Book 37, Page 35, as follows: BEGINNING at a point in the cen- ter line of Mountain View Road (T-321) (33 feet wide) as a point situ- ated .040 miles South of Pennsyl- vania Legislative Route 21008; thence from said beginning point by the center line of Mountain View Road, South 15 degrees 00 minutes UU seconds Wes, zuu.UU teet to a spike in said road; thence by other property now or formerly of Rodney E. Aby and Debra Ann Aby, hus- band and wife, the following two courses and distances (1) South 80 degrees 42 minutes 47 seconds West 386.00 feet to an iron pin; (2) North 15 degrees 00 minutes 00 seconds East, 200.00 feet to an iron pin; thence by property now or for- merly of Rodney E. Aby and Debra Ann Aby, husband and wife, and property now or formerly of Rich- ard W. Beecher. North 80 degrees 42 minutes 47 seconds East 386.00 feet to a spike in the center of Moun- tain View Road, the place of begin- ning. Containing 1.615 acres. UNDER AND SUBJECT to build- ing lines set forth on said Plan. BEING KNOWN AS: 150 Mt. View Road, a/k/a 150 Mountain View Road, Shippensburg, PA 17257, (South Newton Township). PROPERTY ID NO.: 41-12-0328- 007. TITLE TO SAID PREMISES IS VESTED IN Teresa L. Noel by Deed from Harry A. Aby and Helen D. Aby, husband and wife dated 11/ 29/00 recorded 11/30/00 Book 235 Page 184. LOTS E. SNYDI Carlisle Boro, C My Commission E 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 856-669-5400 pleadings@udren.com Wells Fargo Bank Minnesota, ?COURT OF COMMON PLEAS N.A., as Trustee for :CIVIL DIVISION registered holders of Option :Cumberland County One Mortgage Loan trust 2001- A. Asset Backed Certificates, Series 2001-A :NO. 03-5360 Civil Term Plaintiff V. Teresa L. Noel Defendant PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE. DATED: Januarv 30, 2009 UD PjEN LW FFIICES, P. C. BY: ?. Attorne s for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 'LOUIS A. SIMONI, ESQUIRE ? C?' ? ° ? ? ? ? ? ??? J ? a7 ?- r- ? ? 4 '^'F