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HomeMy WebLinkAbout08-0078MARK 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 HSBC Bank USA, National Association ? COURT OF COMMON PLEAS as Trustee for Merrill Lynch Mortgage CIVIL DIVISION Investors, Inc. Mortgage Loan Asset- Backed Certificates, Series 2002-HEl :: Cumberland County 6501 Irvine Center Drive Irvine, CA 92618 :Plaintiff V. Jennifer L. Liblaart Troy E. Wilkins ' NO D$ - 78 Civi t ?erM 600 Wayne Drive Mechanicsburg, PA 17055 United States of America US Dept. of Justice-US Atty. Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 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 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 O 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. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 F r 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: HSBC Bank USA, National Association as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HEl Recording Date: LODGED FOR RECORDING 2. Defendant(s), Jennifer L. Libhart and Troy E. Wilkins are/is the individual(s) designated as such on the caption, whose last known address is as set forth in the caption, and unless designated otherwise, are the real owner (s) and mortgagor (s) of the premises being foreclosed. Defendant, The United States of America is a Defendant by virtue of a judgment, lien, or other interest in the mortgaged property. Evidence of the USA's interest is attached hereto. 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: 600 Wayne Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Allen Township COUNTY: Cumberland DATE EXECUTED: 8/27/02 DATE RECORDED: 8/29/02 BOOK: 1770 PAGE: 1513 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 T 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 Note 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 12/21/07: Principal of debt due $142,301.75 Unpaid Interest at 8.99k from 8/1/07 to 12/21/07 (the per diem interest accruing on this debt is $34.70 and that sum should be added each day after 12/21/07) 4,950.26 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $323.52 and that sum should be added on the first of each month after 12/21/07) (352.28) Late Charges (monthly late charge of $71.00 should be added on the fifteenth of each month after 12/21/07) 575.92 Suspense Balance (979.24) NSF Charges 40.00 Attorne s Fees (anticipated and actual to 50 principal) 7,115.09 TOTAL $154,256.50 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 $154,256.50, plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: Ur VA( lkU (l(/(/MI V--1 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF WAYNE DRIVE, WHICH POINT IS THE NORTHWEST CORNER OF PROPERTY NOW OR FORMERLY OF S.C. HEIN; THENCE ALONG THE SAME SOUTH 1 DEGREES 44 MINUTES EAST, 149.8 FEET TO LANDS NOW OR FORMERLY OF LEON M. STERNER AND DOROTHY M. SMITH; THENCE ALONG THE SAME, SOUTH 87 DEGREES WEST, 124.12 FEET TO LANDS NOW OR FORMERLY OF R.L. ALTMAN; THENCE ALONG THE SAME, NORTH 1 DEGREE 44 MINUTES WEST 150.43 FEET TO THE SAID WAYNE DRIVE; THENCE ALONG THE SAME, NORTH 88 DEGREES 16 MINUTES EAST, 124 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 15 AND A TWENTY-NINE (29) FOOT STRIP ADJOINING SAID LOT ON THE EAST, AS SHOWN ON THE PLAN OF LOTS OF WAYNE D. MEYERS, JR., KNOWN AS PLAN B OF HOLIDAY CREST, WHICH PLAN IS RECORDED IN PLAN BOOK 13, PAGE 43. SUBJECT, HOWEVER, TO A CERTAIN 10 FOOT WIDE EASEMENT AS DESCRIBED IN CUMBERLAND COUNTY DEED BOOK Q, VOLUME 28, PAGE 484. Dec-26-2007 03:36pm From- T-180 P-005/013 F-394 v?11Liivwaiy X 1 vi i 0 Civil y Cas ey? rint c: e page 1 2004-02351 U S TREASURY DEPARTMENT (vs) WILKINS TROY Reference No.. . Cd2.l:'N° TYEe...... r'EUE9AL TAX LIEN File Time ..... r??r fn00.? 1 LJ ..... 11:31 Judgment...... 45076.20 Judge Assigned: Exec tion Date 0/00/0000 Disposed Desc.: Jury Trial.... Case Commentfi ------------ Dis R sed Date. 0/00/0000 - Hig r Crt 1.: Highe r Crt 2.; kw*****,?***?**,?*,?**ww****,r*****re?***??y*****w****,?*w***** General Index r*ww*,?***** +rw****,rw*** AT-1-nr P}t Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 LIBERTY PI A PA 15222 99?4 TTSBH WILKINS TROY DEFENDANT 600 WAYNE DR MECHANICSBURG PA 17055 4986 Judgment Index Amount Date Desc WILKINS TROY 45,076.20 5/25/200 TRANSCRIPT JUDGMENT *eF'*?k*****ir******:t******y?****i?*******?Ir#*yp**********y?*W*yE** *?F*******?¢eF*7?*y,*****k?lr * Date Entries FIRST ENTRY - - - - - - - - - - - 5/25/2004 FEDERAL TAX LIEN IN THE AMOUNT OF $$45,076.20 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - ?*******,??,?,??*********year*******,r,rw?t?********,?,?y?*********** ****w*,tre**w*w?******* * Escrow Information * Fees & Dehits Beg Bal Pmts/Ad! En Bal -?****w,r***********??*****#*w*wr?* ?*****,rw ****** ****?*?r,kw ,r*?r************x,r*ww* FED TAX LIEN 9.00 .00 AUTOMATION FEE 5.00 5.00 00 ------------- ------------ 14.00 14.00 00 * End of Case Information T 9 ??as ?? ao a o m •a ?lq o n m a' a ' nom a a ?>Q" 3 cq` 0 m o npim m ? = y a co mI im ? r m m. ?? ,,CD W C? m m o m ? S c? m 0 D a b m$o r _ C3 -? =gym n Zug i° ? C) z W m o Co 0 cm G) ? 1 V - ??,.. EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE help to save your home. This Notice explains how the program works. To see ii HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Wi 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. November 05, 2007 Troy E Wilkins 600 Wayne Dr Mechanicsburg PA 17055 Homeowners Name: Jennifer L Wilkins Troy E Wilkins Property Address: 600 Wayne Dr, Mechanicsburg PA 17055 Loan Account No.: 0006818116 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 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 OP840 (Page 1 of 9) W 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 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 count 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/ 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. (Page 2 of 9) 02840 017 R36 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. (Page 3 of 9) OP841 013 R36 IN Re: Loan No. 0006818116 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 600 Wayne Dr, Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 1,506.92 MONTHS @ $.00 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS-DATE $ 4520.76 $ 433.92 $ .00 $ 0.00 $ 4954.68 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP842 (Page 4 of 9) 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 $4954.68, 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: 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) OP842 019 R36 Re: Loan No. 0006818116 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 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. 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 lender and by performing any other requirements under the mortgage. OP843 (Page 6 of 9) 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 (6) SIX 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. (Page 7 of 9) OP843 012 R36 -k MR` Re: Loan No. 0006818116 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore 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 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: * 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. OP844 (Page 8 of 9) * 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. (Page 9 of 9) OP844 033 R36 D° ?. ? n? m ? p? v ?_ o aD ? CD o B CD ? c o CD ?z (D co CD a? a a? c a,? o my QQ co "? (D (m `° `° < `° . m n?i m 0 o b iz g? = m ? = ru ni o n >D? = U, _ o z?? - Nm = ru coves - cm5' ?' o _ '? ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM hearing can call (717) 780-1869. This Notice contains important legal iniormation. 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 ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. I Ei FORECLOSURE November 05, 2007 Jennifer L Wilkins 600 Wayne Dr Mechanicsburg PA 17055 Homeowners Name: Jennifer L Wilkins Troy E Wilkins Property Address: 600 Wayne Dr, Mechanicsburg PA 17055 Loan Account No.: 0006818116 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 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 OP793 (Page 1 of 9) I- !1Q Ell- 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 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/ 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. (Page 2 of 9) OP793 016 R58 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. (Page 3 of 9) 02794 013 R58 I - UP, " Re: Loan No. 0006818116 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 600 Wayne Dr, Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 1,506.92 MONTHS @ $.00 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 4520.76 $ 433.92 $ .00 $ 0.00 4954.68 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP795 (Page 4 of 9) 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 $4954.68, 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: Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, F1 Jacksonville, FL 32246 Mailstop: Jl 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) OP795 022 R58 Re: Loan No. 0006818116 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 our 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 ay 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 an 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 an other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. 02796 (Page 6 of 9) 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 (6) SIX 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. (Page 7 of 9) 02796 014 R58 rr: Re: Loan No. 0006818116 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore 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 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: * 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. 02797 (Page 8 of 9) * 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. (Page 9 of 9) OP797 035 R58 PM2 .; - V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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. UDREN LAW OFFICES, P.C. BY: Attorneys for Plain iff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE tic 0010 z ? o T ? U 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 HSBC Bank USA National 'COURT OF COMMON PLEAS Association as Trustee for :CIVIL DIVISION Merrill Lynch Mortgage :Cumberland County Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HEl 6501 Irvine Center Drive Irvine, CA 92618 Plaintiff V. Jennifer L. Libhart n g Troy E. Wilkins :NO. ?$ - (.iivi l Term 600 Wayne Drive Mechanicsburg, PA 17055 United States of America US Dept. of Justice-US Atty. Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendant(s) STIPULATION BETWEEN PLAINTIFF AND THE UNITED STATES OF AMERICA It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises referred to in the legal description attached to the Complaint are owned by the Defendant(s). 2. That the Federal tax lien(s) referred to in paragraph 2 of the Plaintiff's Complaint is junior in time to the Plaintiff's mortgage set forth in paragraph 3 of said Complaint. 3. That the Defendant, United States of America, is not indebted to Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 5. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be served on the Defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal lien referred to in paragraph 2 of said Complaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That the Defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 24100). 9. The parties to this stipulation shall bear their own respective costs in this proceeding. Respectfully submitted: THOMAS A. MARINO, ESQUIRE-US ATTORNEY Middle District of Pennsylvania Assistant United States Attorney for the Defendant, United States of America UDREN LAW OFFICES, P.C. BY tA/ U. IVA eA ( AMI"I L&'v Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE WHEN RECORDED MAIL A OPTION ONE MORTGAGE CORP. P.O. BOX 57096 IRVINE, CA 92619-7096 Loan Number: 231023369 Servicing Number: 6 8181 l - 6 Parcel Number: BK 36F PG-1145 [Spice Above 11= L=c For Re mftg Da4 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on August 27, 2002 The mortgagor is JENNIFER L LIBHART AND TROY E WILKINS ("Borrower"). This Security Instrument is given to Option One Mortgage Corporation, a California corporation which is organized and existing under the laws of CALIFORNIA , and whose address is 3 Ada, Irvine, CA 92618 ("Lender") Borrower owes Lender the principal sun of ONE HUNDRED FORTY EIGHT THOUSAND FOUR HUNDRED ... AND NO/100THs Dollars (U.S. $148,400.00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 01, 2032 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYLVANIA - Single Family Page 1 of 10 PAD1001 1 (01/12/01) • 0 Loan Number: 2 310 2 3 3 6 9 Servicing Number: 6 81811- 6 which has the address of 600 WAYNE DR, mEmwicSBURG Pennsylvania 17055- ("Property Address"); [Zip Code] Date: 08/27/02 [Street. City] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Psym wt of Principal and Imtrrest; Prepayment and Lame Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Tarter and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a stun ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Rea] Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrmmentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAD10012 (01/12/01) • s Loan Number: 231023369 Servicing Number: 681811-6 Date: 08/27/02 If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazwd or Property I nw ance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fine, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to=Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 PAD10013 (01112/01) • • Loan Number: 231023369 Servicing Number: 681811-6 Date: 08/27/02 restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be subject to the provisions of this paragraph 5. 6. Occupancy, Preservation, Mamteoamoe and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrowers primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Page 4 of 10 PAD10014 (01/12101) 0 i Loan number: 231023369 Servicing Number: 681811-6 Date: 08/27/02 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, aft ersecureddeducti ciency under byng therefromthis all its expenses, including reasonable Securi this Security Instrument or may release any the moni e sumss so received by it or any part thereof, as Lender may elect. option, in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7. Protection of Lender's Rights in the contained in this Security Instrument, or there is Property. If Borrower fails to perform the covenants and agreements the Property (such as a rog proceeding that may significantly affect Lender's rights in proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Lender's rights in the Property. Lender's actions may include paying an COPY and over this Security Instrument, any sums secured by a lien which has priority appearing make in court, paying reasonable attorneys' fees and entering on the Property repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these bear interest from the date of disbursement at the Note rate in effect from time to time and shall be amounts shall interest, upon notice from Lender to Borrower requesting payment. with 8• Mortgpp Insurance. If Lender required mortgage insurance as a condition of malting the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the morte If, for any reason, the mortgage insurance coverage required by gag in effect. b Lender lapses or ceases to be in effect, Borrower shall pay the premiums requited to obtain coverage substantially equivalent to the mortgage in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantial) is not available, Borrower shall pay to Lender each month a sum eY Flo one-twelfth mortgage insurance coverage insurance premium barn qual to of the yearly mortgage will g paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the perod that Lender squires) provided by an insurer approved by Lender again becomes available and is obtained. Bo shall PeY the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. • Lender or its agent may matte reasonable entries upon and of the Lender shall give Borrower notice at the time of or prior to an ' inspections Property. inspection. inspection specifying reasonable le cause for the 10. CO on. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Pro hereby assigned and shall be paid to Lender. Lender may apply, or release the con lieu of condemnation, are same manner as provided in paragraph 5 hereof with respects to insurance pis. condemnation proceeds in the If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Inset, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. Page 5 of 10 PAD10015 (01112/01) • CJ Loan Number: 231023369 Servicing Number: 681911-6 Date: 08/27/02 11. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-sigmas. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Nod=. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Bed Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Page 6 of 10 PAD t0016 (01/12101) • • Loan Number: 231023369 Servicing Number. 68;811-6 Date: 08/27/02 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more tithes without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other (required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. If any installment under the Nate or seamed hereby is not paid when due, or if Borrower should be in default uunder any provision of this Security Instrument, or if Borrower is in default wrier any other mortgage or other instrument seamed by the Property, all sums secured by this Security Instrument and accrued interest thereon shall at once become due and payable at the option of Leerier without prior notice, except as otherwise required by applicable law, and regardless of Page 7 of 10 PAD10017 (01/12/01) 0 • Loan Number: 2 310 2 3 3 6 9 Servicing Number: 681811-6 Date: 08/27/02 any prior forbearance. In mach event, Trader, at its optiott, and subjax to applicatble law, may then or then after invoke the power of sale and/or any other remedies or take any other ac bons pe n itted by applicable law. Trader wBl collar all expenses mcurral in pursuing the remedies desmbed in this PwaVVh 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 22. Releaee.Upon payment of all sums secured by this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reiff Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Pumbase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Misrepreaentatian and Nondisclosure. Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 28. Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of Statute of Tons. The pleading of the statute of limitations as a defense to enforcement of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 30. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 31. Reimbursement.To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other Page 8 of 10 PAD10018 (01/12/01) • • Loan Number: 231023369 Servicing Number: 681811-6 Date: 08/27/02 fees and costs of a similar nature not otherwise prohibited by law. permitted by applicable law, Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. 32. Ckdcal Error. In the event Lender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to reexecute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 33. Lost Stolen, Destroyed or Mutilated Security Ind and Otter Documents. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the 'Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 34. Ass*wnew of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 35. Riders to dib Sec rity Insen> n=L If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Rider ? Other(s) (specify) Page 9 of 10 PAD10019 (01112101) • • Loan Number: 231023369 Servicing Number: 6818116 Date: 08/27/02 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower if .mot" -.' ! (Sea]) JENNIFER L LIBHART -Borrower Y (Seal) TROY E WILKINS -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Certificate of Residence I, l? 4 ?I.L C? Ce?*j , do hereby certify that the correct address of the within-named Mortgagee is 3 Ada, Irvine, CA 9 618 Witness my hand this '2--? day of Ag of ortgagee COMMONWEALTH OF PENNSYLVANIA, County as: On this, the day of K G4 Y ; before me, the undersigned officer, personally appeame /I I ??tir7Y1 1 V_//•??/L?/ ?? l l'4 `r L.'4I(I40! f? known to me (or satisfactorily proven) to be the person whose name S 1-4, L subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Page 10 of 10 G !? _ N07ARIALSEeI BEY3W XY, Netely PW* Um#in l ? • 0 ALL..THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of Wayne Drive, which point is the northwest corner of property now or formerly of S. C. 11ein; thence along the same South 1 degree 44 minutes East, 149.8 feet to lands now or formerly of Leon M. Sterner and Dorothy M. Smith; thence along the same, South 87 degrees West, 124.12 feet to lands now or formerly of R. L. Altman; thence along the same, North 1 degree.44 minutes West, 150.43 feet to the said Wayne Drive; thence along the same, North 88 degrees 16. minutes East, 124 feet to the place of BEGINNING. = •]: BRING Lot.No. 15 and a twenty-nine (29) foot strip adjoining said lot o& the Bast, an-shown on the Plan of Lots of Wayne D. Meyers, Jr., known as Plan B of Holiday Crest, which Plan is recorded in Plan Book 13, Page 43. ;i V N O CIO ` c-n W -aG SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LIBHART JENNIFER L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: UNITED STATES OF AMERICA but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 30th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: i So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 3.35 57.60 ? 2'G?/o L' 01/30/2008 UDREN LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LIBHART JENNIFER L ET AL SHARON LANTZ , Sheriff or Deputy Cumberland County,Pennsylvania, who being duly swo says, the within COMPLAINT - MORT FORE was ser T.TRHART JENNIFER L riff of according to law, upon the DEFENDANT , at 1427:00 HOURS, on the 10th day of January 2008 at 600 WAYNE DRIVE MECHANICSBURG, PA 17055 by handing to PAM HUTTO, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to th? contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.52 off Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 alosl?Y 39.52 01/30/2008 UDREN LAW OFFICES Sworn and Subscibed to before me this of By. day A. D. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2008-00078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LIBHART JENNIFER L ET AL SHARON LANTZ , Sheriff or Deputy heriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-- MORT FORE was served upon WTTXTNfi TRnY R the DEFENDANT , at 1427:00 HOURS, on the 10th day of January , 2008 at 600 WAYNE DRIVE MECHANICSBURG, PA 17055 by handing to PAM HUTTO, MOTHER 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 a/OS/& r So Answers: 6.00 .00 ' 00 10.00 R. Thomas Kline 00 16.00 01/30/2008 UDREN LAW OFFICES Sworn and Subscibed to By: before me this day Deputy Sherif of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania HSBC Bank USA Vs. Jennifer L. Libhart et al 8-78 civil SERVE: United States of America No. January 8 2008 Now, , I, SHERIFF OF hereby deputize the Sheriff of Dauphin County AND COUNTY, PA, do to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of C berland County, PA Affidavit of Service Now, , 20 , at o within upon at by handing to a and made known to copy of the original So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this day of , 20 MILEAGE - AFFIDAVIT M. served the contents thereof. County, PA (At#Lt-@ Of t4k' ?1terT.ff Mary Jane Snder Real Estate Depu William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff : HSBC BANK . UNITED STAS Sheriff s Return No. 2008-T-0078 OTHER COUNTY NO. 08-78 And now: JANUARY 18, 2008 at 10:33:00 AM served the within MO] FORECLOSURE upon UNITED STASTES OF AMERICA by personally WISCOUNT 1 true attested copy of the original MORTGAGE FORECLi to him/her the contents thereof at FEDERAL BUILDING 228 WALNUT RECEPTIONIST Sworn and subscribed to before me this 23RD day of January, 2008 NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Ihuphin County My Co=mission Ex ires Set 1 2010 So Answers, Sheriff of Dauphin Deputy: J VAL Sheriff s Costs: Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS OF AMERICA TGAGE to PATRICIA URE and making known HARRISBURG PA 17108 , Pa. .25 1/17/2008 UD.REN 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 HSBC Bank USA, NA as Trustee for :COURT OF COMMON PLEAS Merrill Lynch Mortgage Investors, :CIVIL DIVISION Inc. Mortgage Loan Asset-Backed :Cumberland County Certificates, Series 2002-HEl 6501 Irvine Center Drive `:MORTGAGE FORECLOSURE Irvine, CA 92618 Plaintiff V. Jennifer L. Libhart :NO. 08-78 CIVIL TERM Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 United States of America 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) Jennifer L. Libhart and Troy E. Wilkins, ONLY 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 $154,256.50 Interest Per Complaint 2,116.70 From 12/22/07 to 2/20/08 Late charges per Complaint 142.00 From 12/22/07 to 2/20/08 Escrow payment per Complaint 647.04 From 12/22/07 to 2/20/08 TOTAL $157,162.24 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. UDREN LAW OFFICES, P.C. BY: /1JVkWl1,P_1J11 Attorneys "for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICAT? DATE : PRO #010/08 FROTHY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNBG, 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 856-669-5400 ipleadinqueudren.com HSBC Bank USA, National Association as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset- Backed Certificates, Series 2002-HE1 Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America Defendant(s) TO: Jennifer L. Libhart 600 Wayne Drive Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-78 Civil Term DATE of Notice: February 7, 2008 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 MAYBE 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 IMPORTANTS 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 0 ESCUCHAR PRE3UBA 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR 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 0 k.#r ILL 8 .SED FOR THAT PURPOSE. en, sq uire StuartWinneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 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 856-669-5400 plea inazeudre com HSBC Bank USA, National Association as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset- Backed Certificates, Series 2002-HEl Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America Defendant(s) TO: Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-78 Civil Term DATE of Notice: February 7, 2008 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 IMPORTANTB 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 DEBIIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, 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 0 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 WIL BE USED FOR THAT PURPOSE. ar en, F sau Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Mina 0, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 ` UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID STUART WINNEG, ESQUIRE - ID LORRAINE DOYLE, ESQUIRE - ID ALAN M. MINATO, ESQUIRE - ID CHANDRA M. ARKEMA, ESQUIRE - WOODCREST CORPORATE CENTER #04302 #45362 #34576 #75860 ID #203437 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 HSBC Bank USA, National Association as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-.Backed Certificates, Series 2002-HE1 6501 Irvine Center Drive Irvine, CA 92618 Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America 600 Wane Drive Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-78 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ,/<J"-) SS COUNTY OF C_)a THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by 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: Jennifer L. Libhart Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Troy E. Wilkins Over 18 As captioned Unknown United States Over 18 As captioned Unknown Sworn to and subscribed before his d% Notary iic above s of America above Name: Title: Company: Option One orte Corporation, as attorney- fact for HSBC Bank USA, National Association as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, 2-HE1 Matthew Allan Banaszewski NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2011 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LIBHART JENNIFER L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: UNITED STATES OF AMERICA but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLATNT - MnPT PnPP County, Pennsylvania, to On January 30th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 Postage 3.35 So answers s .. R . ` Thomas Kline Sheriff of Cumberland County 01/30/2008 UDREN LAW OFFICES Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LIBHART JENNIFER L-ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law,• says, the within COMPLAINT - MORT FORE was served upon LIBHART JENNIFER L the DEFENDANT at 1427:00 HOURS, on the 10th day of January , 2008 at 600 WAYNE DRIVE MECHANICSBURG, PA 17055 by handing to PAM HUTTO, ADULT IN CHARGE 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 .00 39.52 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/30/2008 UDREN LAW OFFICES By: Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LIBHART JENNIFER L ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILKINS TROY E the DEFENDANT at 1427:00 HOURS, on the 10th day of January , 2008 at 600 WAYNE DRIVE MECHANICS-BURG, PA 17055 by handing to PAM HUTTO, MOTHER 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 6.00 .00 .00 10.00 .00 Sworn and Subscibed to before me this of 16.00 So Answers : R. Thomas Kline 01/30/2008 UDREN LAW OFFTCRS F day A.L 1?7 ?l?• Q 73 :: c7j 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 pleadingo@udren.com HSBC Bank USA, NA as Trustee for :COURT OF COMMON PLEAS Merrill Lynch Mortgage Investors, :CIVIL DIVISION Inc. Mortgage Loan Asset-Backed :Cumberland County Certificates, Series 2002-HEl Plaintiff :MORTGAGE FORECLOSURE V. Jennifer L. Libhart Troy E. Wilkins :NO. 08-78 CIVIL TERM United States of America Defendant(s) To: Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 hereby notified that a Judgment has been entere above proceeding as indicate X Judgment by Default Money Ju Pursuant to Rule 236 of the Judgment Judgment Judgment Judgment Judgment NOTICE upreme Court of Penn ylvania, ou are a ' in the d below. o y dgment 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 a/a01o8 6 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 HSBC Bank USA, NA as Trustee for :COURT OF COMMON PLEAS Merrill Lynch Mortgage Investors, :CIVIL DIVISION Inc. Mortgage Loan Asset-Backed ,Cumberland County Certificates, Series 2002-HEl Plaintiff V. ENO. 08-78 CIVIL TERM Jennifer L. Libhart Troy E. Wilkins United States of America 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. DATED: February 20, 2008 UDREN LAW OFFICES, P. C. BY: rjj,2&qd .0.1?/M%l Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE A 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 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 Name: u Title: ?s`.3nt Secretary Company: Option One Mortgage Corporation, as attorney-in- fact for HSBC Bank USA, National Association as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HEl Jennifer L. Libhart Troy E. Wilkins United States of America Loan #0006818116 MJU #07120582 • T 1 ? itl Td -. N ,=, C7 y 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 HSBC Bank USA, National -COURT OF COMMON PLEAS Association as Trustee for -CIVIL DIVISION Merrill. Lynch Mortgage -Cumberland County Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HEl 6501 Irvine Center Drive Irvine, CA 92618 Plaintiff V. Jennifer L. Libhart Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 United States of America US Dept. of Justice-US Atty. Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendant(s) NO. 08-78 STIPULATION BETWEEN PLAINTIFF AND THE UNITED STATES OF AMERICA It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises referred to in the legal description attached to the Complaint are owned by the Defendant(s). Of, 2. That the Federal tax lien(s) referred to in paragraph 2 of the Plaintiff's Complaint is junior in time to the Plaintiff's mortgage set forth in paragraph 3 of said Complaint. 3. That the Defendant, United States of America, is not indebted to Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 5. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be served on the Defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal lien referred to in paragraph 2 of said Complaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That the Defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 24100). r 9. The parties to this stipulation shall bear their own respective costs in. this proceeding. Respectfully submitted: MARTIN C. CARLSTON, ESQUIRE, Acting US Attorney Middle District of Pennsylvania BY : ,SvJct,- - )2tA U Assistant United ?tates Attorney for the Defendant, United States of America UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE ?CHANDRA M. ARKEMA, ESQU' ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE1 Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-78 CIVIL TERM PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due Interest From 2/21/08 to Date of Sale 12/10/08 Ongoing Per Diem of 34.70 to actual date of sale including if sale is held at a later date (Costs to be added) $157,162.24 10,201.80 UDREN LAW OFFICES P./?C . BY : rM /// IIDD l&* ATTORNEY'S-FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -6r ? 9 o s O 0 0° ° p it t C:: C7 c. N Uri C 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 HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan :Cumberland County Asset-Backed Certificates, Series 2002-HEl :MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart 'NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant(s) C E R T I F I C A T E 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. 11, BY • ATTORNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage ':CIVIL DIVISION Investors, Inc. Mortgage Loan 'Cumberland County Asset-Backed Certificates, Series 2002-HEl :MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart €NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America 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 HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE1, 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: 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jennifer L. Libhart Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 600 Wayne Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE l 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Brian D. Barrick Address to Follow Unemployment Compensation Address to Follow Fund 4. Name and address of the last recorded holder of every mortgage of record: Name Address HSBC Bank USA, NA as Trustee for Merrill Lynch Mtg. Investors Inc. Mortgage Loan Asset-Backed Certificates Series 2002-HEl 6501 Irvine Center Drive Irvine, CA 92618 Citifinancial, Inc. 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Internal Revenue Service Technical Support Group, William Green Federal Bldg., 600 Arch St. Room 3259, Philadelphia, PA 19106 Atty General of U.S. United States of America Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue US Dept of Justice, Room 5111, Main Justice Bldg., 10th & Constitution Avenue N.W. Washington, DC 20531 US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Box 11754, Harrisburg, PA 17108 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 600 Wayne Drive (Upper Allen Township) Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 17, 2008 UDREN LAW OFFICES, P.C. BY C. /(I/ ATTORNEYS FOR P INTIFF 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 HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan :Cumberland County Asset-Backed Certificates, Series 2002-HEl :MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart :NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jennifer L. Libhart 600 Wayne Drive Mechanicsburg, PA 17055 Your house (real estate) at 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $157,162.24, 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 x YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. 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 HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage =CIVIL DIVISION Investors, Inc. Mortgage Loan :Cumberland County Asset-Backed Certificates, Series 2002-HEl `_MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart :NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 Your house (real estate) at 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $157,162.24, 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.) V 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 Sheriffs 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 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 HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan -:Cumberland County Asset-Backed Certificates, Series 2002-HEl :MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: United States of America US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Box 11754, Harrisburg, PA 17108 Your house (real estate) at 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $157,162.24, 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.) ¦ w 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 _ ID #0430 STUART WINNEG, ESQUIRE - ID LORRAINE DOYLE, ESQUIRE - ID ALAN M. MINATO, ESQUIRE - ID CHANDRA M. ARKEMA, ESQUIRE - WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HEl Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America Defendant (s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-78 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Jennifer L. Libhart Troy E. Wilkins PROPERTY: 600 Wayne Drive (Upper Allen Township) Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 10, 2008, 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. ATTORNEY FOR PLAINTIFF #04302 #45362 #34576 #75860 ID #203437 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT.ON THE SOUTH SIDE OF WAYNE DRIVE, WHICH POINT IS THE NORTHWEST CORNER OF PROPERTY NOW OR FORMERLY OF S.C. HEIN; THENCE ALONG THE SAME SOUTH 1 DEGREES 44 MINUTES EAST, 149.8 FEET TO LANDS NOW OR FORMERLY OF LEON M. STERNER AND DOROTHY M..SMITH; THENCE ALONG THE SAME, SOUTH 87 DEGREES WEST, 124.12 FEET TO LANDS NOW OR FORMERLY OF R.L. ALTMAN; THENCE ALONG THE SAME, NORTH 1 DEGREE 44 MINUTES WEST 150.43 FEET TO THE SAID WAYNE DRIVE; THENCE ALONG THE SAME, NORTH 88 DEGREES 16 MINUTES EAST, 124 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 15 AND A TWENTY-NINE (29) FOOT STRIP ADJOINING SAID LOT ON THE EAST, AS SHOWN ON THE PLAN OF LOTS OF WAYNED: MEYERS, JR., KNOWN AS PLAN B OF HOLIDAY CREST, WHICH PLAN IS RECORDED IN PLAN BOOK 13, PAGE 43. SUBJECT, HOWEVER, TO A CERTAIN 10 FOOT WIDE EASEMENT AS DESCRIBED IN CUMBERLAND COUNTY DEED BOOK Q, VOLUME 28, PAGE 484. BEING KNOWN AS: 600 WAYNE DRIVE (UPPER ALLEN TOWNSHIP) MECHANICSBURG, PA 17055 PROPERTY ID NO.: 42-26-0245-829A TITLE TO SAID PREMISES IS VESTED IN JENNIFER L. LIBHART AND TROY E. WILKINS BY DEED FROM JON A. CHESTNUT AND STACY L. CHESTNUT, HUSBAND AND WIFE DATED 8/27/02 RECORDED 8/29/02 IN DEED BOOK 253 PAGE 1850. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-78 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NA as Trustee for MERRILL LYNCH MORTGAGE INVESTORS, INC., MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2002-HE1, Plaintiff (s) From JENNIFER L. LIBHART, TROY E. WILKINS and UNITED STATES OF AMERICA (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 $157,162.24 L.L. Interest from 2/21/08 to Date of Sale 12/10/08 - ongoing per diem of $34.70 to actual date of sale including if sale is held at a later date - $10,201.80 Atty's Comm % Due Prothy $2.00 Atty Paid $214.10 Plaintiff Paid Date: 8/06/08 (Seal) REQUESTING PARTY: Other Costs Pro otary By: Deputy Name: CHANDRA ARKEMA, 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. 203437 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 HSBC Bank USA, NA as Trustee ;COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan :Cumberland County Asset-Backed Certificates, Series 2002-HEl ENO. 08-78 CIVIL TERM Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America Defendant(s) CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August 14, 2008 TO: USA, US Attorney General US Department of Justice Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 UDRENLAWOFFICES, P..,C. BY:rjWj'd11 O / Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE O gA dCt ?C H R N w Cr vNO 0 in 11 M rt db W 0 • • C4 0) (?1 rt F0fi 00 10 Fr07 ? ? t0 WC?W ` Cr ,b F FF?? rr N ti p J ? rd N T O cc CD 8 m Z _n? ?O ?C o rr cn g? 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Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: United States of America US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Soon 11754, Harrisburg, PA 17108 A. SNE" . X B. Received by (J?r?hfed Name) I C. Date of Delivery D. Is dWhwy Idress// d(fwW from Kern 1? ? Yea if YES. enter delivery address below: ? No bd Merl 13 MSN 0 Recut icr Merchandise D maurefi uw o.o. 4. Restricted Degveryt (E08 Fee) 0 Yes 2. Artldfer r 7007 3020 0000 0872 9214 (transfer ft m service de!)e1) PS Form 3811, February 2004 Domestic Retum Receipt 1025s5M-WIS40 • N '? U m jp O LL W m m c m a$?c c _ o W o E CL c M'W '@ E Q ? ? $ , amm i '?pp Q Q m a C W E 7 a. 8.? ? E FALL E ? R?Wul Mm ;E .a E5?$'o N = 8 boa W w C 0 ? 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M O LL. co a a c N M N N c co Y O N W O O ~ U C N E Q t O J L (n .OR -0 N 'C Co '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 N. NINATO, ESQUIRE - ID #75860 CHANDRA N. ARKENA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, NA as Trustee for :COURT OF COMMON PLEAS Merrill Lynch Mortgage Investors, :CIVIL DIVISION Inc. Mortgage Loan Asset-Backed €,Cumberland County Certificates, Series 2002-HE1 Plaintiff V. Jennifer L. Libhart Troy E. Wilkins ;NO. 08-78 CIVIL TERM United States of America 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 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: October 23, 2008 ?jP;C?. ay;F ;IC IF UD7T At or eys for -7laifiT_iff _ 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 HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage `:CIVIL DIVISION Investors, Inc. Mortgage Loan 'Cumberland County Asset-Backed Certificates, Series 2002-HEl €MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart :NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant (s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE1, 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: 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jennifer L. Libhart Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 600 Wayne Drive Mechanicsburg, PA 17055 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 Brian D. Barrick 4635 Spring Road Shermans Dale, PA 17090 Commonwealth of Penna 2971 North 7TH Street, Suite A Department of L&I to the use Harrisburg, PA 17110-2125 of the Unemployment Compensation Fund 4. Name and address of the last recorded holder of every mortgage of record: Name Address HSBC Bank USA, NA as Trustee for Merrill Lynch Mtg. Investors Inc. Mortgage Loan Asset-Backed Certificates Series 2002-HEl 6501 Irvine Center Drive Irvine, CA 92618 Citifinancial, Inc. 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Internal Revenue Service Technical Support Group, William Green Federal Bldg., 600 Arch St. Room 3259, Philadelphia, PA 19106 Atty General of U.S. United States of America Real Estate Tax Department Domestic Relations Section US Dept of Justice, Room 5111, Main Justice Bldg., 10th & Constitution Avenue N.W. Washington, DC 20531 US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Box 11754, Harrisburg, PA 17108 1 Courthouse Square Carlisle, PA 17013 13 North 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 600 Wayne Drive (Upper Allen Township) Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: October 23, 2008 UDREN LAW OFFICES, P.C. BY -J PIAIYJ GfI a!'M /?./ /l? ATTORNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, 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 HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE1 Plaintiff V. Jennifer L. Libhart Troy E. Wilkins United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-78 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Jennifer L. Libhart and Troy E. Wilkins United States of America PROPERTY: 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 10. 2008, 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. A Schedule of Distribution will be filed by the Sheriff on a date specked 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. EXHIBIT A aE ??? _-, Nu. qI . L4- i NLL D E R 3 m a ?=? cm I U003 ? ?IC3? 0 ,& a 13 c V U d t?1J ? ? '$ fl 2 p O V- W- N . z 'U0, y 0 M F th ? ( NO ," O J? v r E g cl: E .: N IL. V 0 ? N g? ? ? ;ter z = z?a ? ac o?c = z T G m ? it ? ?" a ? CC ? VUC r c R 'n t ca z to I 0 3E)`dls0,d SO £OQ80 Boyd poom x y 94?6499ZHgti0 '; s 7s 4 aq`S - N? ? ? $ E a ue ?mN 4IN0' co -Z Q 3 U. oat ., p i a ock g? it 44 $ ?zu N N r UI) r 4z m U. c M. m O C m 3 O V. a 60 E? z? Q? ?3 ?a c t- co ? 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KMDEW rr r, or PD Boor M 229 WALNUT STRM Hester °'C i 01 N ? na ° N v M Fkti?e?Tq OOp .p i ao&o00-70-OESL NSd (mall) em a N'0096 Wcu Sd •Ailebul us OuIpw uogm Il Iueseid pus Idleaw slyl eseS -1NVLUOdWl 'iletu pue oftpod Wm Iegel xpie puB 4mW 'popeou iou el idleoei 119114 P91090 eyi uo isod 9;1 'Bu1Weugsod,oi eowo lend eUl ie op -pas eyi ummmd 99991wewPeal?P s, idiom HIM Pe9llae0 944 uo Hasulisod a It N eta top eoeldl{ew eta wow ao Vep eta oWN 'luem p ytadpn? e s eftwippe JO 998MPPB 941 0i papsi ea eq Avw AaenNeP 'ea; IBJgM*e uB aoj ¦ nb Peal(al osdSfl 9,49m wniea e4eapanp e $! id!eoea 11M peilpaeJ mop( uo Wvuqeod x4 aenteea eel a enteow ol'.P H ldleoeH ungeH GMK% ew aeaopu3 '9l et l aenoo of eBmood opoq dde ppe pus epwo eta of t«ee WJ0=l Sd) u110091:1 wm ki v qmo pm wAoAm noe)d i?1H uanied utaigo of 'AmNleP io iooad epl? of Pelsenbea e4 na?u?bl uanleY V'9% teuopippe us and ¦ -Ipn ao,i *m pewoo uu 3D Hd a 33 DVW34 AO3 3ONVHf1SNI ON ¦ '[low teuopewelul jo esep Are aoi "clogem lu el IIBW Pgweoo ¦ ,Op n ll8aolad ao oliBNl 9e913-18+ld Lplµ Peulgwoo eq A INO AM IIBW PeBi 90 ¦ mimpupued m moa?w( 9aseA OAQ aol eopueS Ielsod eta dq idea a(aenpep jo pmw V ¦ 909019W JnOA X4 AP AR "un V ¦ As= Duplew v ¦ :S9PPwd HIM P OW) Mart/ ¦ Complete Roma 1, 2, and 3. Also complete f Item 4 It Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front If space permits. 1. Article Addressed to: US ATTORNEY GENERAL US DEPARTMENT OF JUSTICE R MAIN JUSTICE BUILDING, ROOM k111 le & CONSTITUTION AVENUE NW WASHINGTON, DC 20531 A. Sig MWM X i ? Agent a ? Addressee a. R 1-9 M-- A ?6me) C. Date of Delivery D. imm Merril O Yes if YES, enter daiwery address below: O No 5arvfoa type Mea E3 Ezp+ees Md ; ? ? brewed Mad xnReceipt faMardrmdise ? M.D. 4. Restricted Delivery? (Feels Fee) ? Yes 2. Articie Number 7007 3020 0000 0872 9315 (rransfer from service new PS Form 381, 1, February 20M Domestic Return Receipt 1025"-WIrAO ¦ Complete Items 1, 2, and 3. Also complete ttern 4 If Restricted Delivery is desired. ¦ Prim your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the frond if space permits. 1. Article Addressed to: ? AdAgent dressee Received by (P?hrlad Name) ate ?eavery l-v"c D. Is deNvery address different from kern ? Yes If YES, eater delivery address bebw: ? No INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP WILLIAM GREEN FEDERAL BUILDING type 600 ARCH STREET, ROOM 3259 Service PHILADELPHIA, PA 19106 44 e ? ? Mdl ? Receipt for Mwdrerrdlsa O Insured Mali 0 CD. , a. Rastrbted Deaver)? Pma Fee) ? Yes 2. Amide Number frrarrefer frpm aervke label) 7007 3020 0000 0872 9122 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-WIS40 EXHB1TA 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. ARFE14a, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 r-r- ? 856-669-5400 =- v.. rv 7- HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEASr'-_ co J for Merrill Lynch Mortgage CIVIL DIVISION Investors, Inc. Mortgage Loan 'Cumberland County 5? 'r Asset-Backed Certificates, `- Series 2002-HEl !NO. 08-78 CIVIL( ERM Plaintiff '. V. Jennifer L. Libhart p Troy E. Wilkins C(D United States of America Defendant (s) CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail other (certificate of mailing) Date Served: August 14, 2008 TO: USA, US Attorney General US Department of Justice Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 UDREN LAW OFFICES, P.C. BY :?,?1` ?"/ j6L?(-1x+1114 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE EXHIBIT 13 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. ARKENA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 HSBC Bank USA, NA as Trustee ;COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan :Cumberland County Asset-Backed Certificates, Series 2002-HEl `:NO. 08-78 CIVIL TERM Plaintiff V. Jennifer L. Libhart Troy E. Wilkins (COPY United States of America Defendant(s) CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served true and correct copies of the Notice of Sale upon the following person (s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August 14, 2008 TO: USA, US Attorney General US Department of Justice Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 UDREN LAW OFFICES, P.C. BY L7y l? W d-4-mb Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ?? ? p' ?.: O CEO, d % wrt a app ih ? 4 m w 'cot ot* M Gon A M t? ti cr ct rrrf0 0 m d ? r So g! C) Arno 1. N N rU, N' ? - POOP -.rte ? O 00OW FM b 0 ?q?pNptFM C3 C3 1 0 C3 C G (EndawM'R . m a f... --??-- o o, , 1C r -?? O 3 or F a N' robw Hasler tl? ° 0 an 03 . U"? m Yf co Q7 m° EXHIBIT B t ?d nos tit us Au1W uagM ?! ,, . .j,tpbut v?? r°t?•au ?ue? as , low u'd m ' ?,4rew , as UIMW OV ,0% '4061, od 10 jjoi. U0, 9; 0 - ti?go of ? ? ¦ E°°°an? a o^?°oe'?q ddaee ? e'esl gsnPVA somo f 160 6--" AqvLw*j6tworvw ON I%= w joij -wpm" yo 94 V .tla?!3 u?M* y f dw? ?vWk"Vp 1°?W vf f t tl? W ? o?N poi WIN" ?ttal+? *POW s?pow'"Wo EXHIBIT B ¦ Complete kerns 1, 2, and 3. Alan COMOIft item 41f Restricted DWvery Is deed. ¦ Print your name and address on the reverse so that we can rattan the card to you. ¦ Attach this card to the back of the mallpiece, or on the front N space permits. 1. Amble Addressed to: Vnited states of Mwrioa US DePt. Of Justice, 98 Attorney Federal Bldg.; 229 Walnut Street. PO Box 11754, Harrisburg, PA 17108 X ?!.- '? . c O Addressee B. Received by ( M V#* C. Date of. DWWWY D. Is dMvwy addsea d ftm from Item 1? O Yes if YES, eater dewmy address below: 0 No t a1? Ma8 ? Me8 p FOeow for 110 ae I O.D. 4. Restricted D~ X t" Feat ? Y8s 2. ArtldeNun?ber (li 7007 3020 DDDD 0$72 9214 ansier 5om servk:e? PS Form 3891, February 2004 Domestlc Retum Receipt 102596424A-15o xlyzulp"e A LL $ _ a 'ii is W a: E X25 Oa?- ?! e $ 4 p o F 7 C p ? ? (6 LL L J:i a ct j LL "S m ? m $ 08 W qt n it LL 8 a o r E 0 'o ? ? ? as cy.OO p Ew a iE V N ?O c°?• - c u p ??? g.1 o ES o $ O O ? N ? QQC :? t W a $M O a? C CL Co Q >? a c CL ° > w 0 re ? ? of ! $cs w a ? _ 30v.Lsod Sn 1 1 £0080 wojq Patle ` q w v _ 800Z/t7L/80 ? t LL 00L •L 0 o ? ? ? 9Lz6L997,H94o ' 1 ` ? a E "` ' ooso 1 a ? a `t ?\o ao E S U L co S ?..:_ o 1:1 El El 1:1 N m C y G 2 v .` Om O ? m N O (D co E a ° a -p r- ai e- t l m ? w d £ '2 CL W o O i?a.o J v aO N 0 D? w 0 ° gam} _ Q ' p Z W W Q ... c?cno E ~ ° Q V = D V Q o m = Q C Z > o '; z ??d moo: ° 8 co i N ° w m ° g a v d?iu ? E ¢z' - ? a E E a E m ? W Z a 0 -? T-7 N M t 1 n m 1 h o 1 7 l r - I m I te- O H ?XIHIBIT B a m a m U- co M L0 CO n C N 7 d7 N c 00 Y O N W O O ? ? U c a`> cc E ?Q L 0 J ,N J CO ? 'c ?? ?` `- ,-- .? _ ? ,; - ?-ra ?` ?-: , - ` ?.. ?>£: __ ?; ; ??:> ?? r.; HSBC Bank USA, N.A., as Trustee for In The Court of Common Pleas of Merrill Lynch Mortgage Investors, Inc. Cumberland County, Pennsylvania Mortgage Loan Asset-Backed Certificates, Writ No. 2008-78 Civil Term Series 2002-HE1 VS Jennifer L. Libhart and Troy E. Wilkins Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 0915 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: Jennifer L. Libhart and Troy E. Wilkins, by making known unto Jennifer L. Libhart, personally and wife of Troy E. Wilkins, at 600 Wayne Drive, Mechanicsburg, Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 1132 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 Jennifer L. Libhart and Troy E. Wilkins, located at 600 Wayne Drive, Mechanicsburg, 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: Jennifer L. Libhart and Troy E. Wilkins, by regular mail to their last known address of, 600 Wayne Drive, Mechanicsburg, PA 17055. "These letters were mailed under the date of October 07, 2008 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 Chandra Arkema. Sheriff s Costs: Docketing 30.00 Poundage 200.00 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 26.00 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 422.87 Share of bills 14.92 w c 415 s $1,125.79 1> I?e" d /k0 c? So Answers: -000" r le ve? "-f & R. Thomas Kline, Sheriff BYE Real Estate rgeant -?j I V A' HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan =Cumberland County Asset-Backed Certificates, Series 2002-HE1 :MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart :NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America 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 HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE1, 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: 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jennifer L. Libhart Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 600 Wayne Drive Mechanicsburg, PA 17055 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 Brian D. Barrick Unemployment Compensation Fund 4. Name and address of the of record: Name HSBC Bank USA, NA as Trustee for Merrill Lynch Mtg. Investors Inc. Mortgage Loan Asset-Backed Certificates Series 2002-HEl Citifinancial, Inc. Address to Follow Address to Follow last recorded holder of every mortgage Address 6501 Irvine Center Drive Irvine, CA 92618 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Internal Revenue Service Atty General of U.S. United States of America Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue Technical Support Group, William Green Federal Bldg., 600 Arch St. Room 3259, Philadelphia, PA 19106 US Dept of Justice, Room 5111, Main Justice Bldg., 10th & Constitution Avenue N.W. Washington, DC 20531 US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Box 11754, Harrisburg, PA 17108 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 .4h 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 600 Wayne Drive (Upper Allen Township) Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 17, 2008 UDREN LAW OFFICES, P.C. BY ATTORNEYS FOR PL INTIFF 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 HSBC Bank USA, NA as Trustee ':COURT OF COMMON PLEAS for Merrill Lynch Mortgage :CIVIL DIVISION Investors, Inc. Mortgage Loan :Cumberland County Asset-Backed Certificates, Series 2002-HEl :MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart :NO. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jennifer L. Libhart 600 Wayne Drive Mechanicsburg, PA 17055 Your house (real estate) at 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $157,162.24, 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 Sheriffs 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 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 HSBC Bank USA, NA as Trustee :COURT OF COMMON PLEAS for Merrill Lynch Mortgage €CIVIL DIVISION Investors, Inc. Mortgage Loan Cumberland County Asset-Backed Certificates, Series 2002-HEl €MORTGAGE FORECLOSURE Plaintiff V. Jennifer L. Libhart ':ND. 08-78 CIVIL TERM Troy E. Wilkins United States of America Defendant(s) NOTICE OF SHERIFF'S SI,LE OF REAL PROPERTY To: Troy E. Wilkins 600 Wayne Drive Mechanicsburg, PA 17055 Your house (real estate) at 600 Wayne Drive, (Upper Allen Township) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2n`` Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $157,162.24, 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 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF WAYNE DRIVE, WHICH POINT IS THE NORTHWEST CORNER OF PROPERTY NOW OR FORMERLY OF S.C. HEIN; THENCE ALONG THE SAME SOUTH 1 DEGREES 44 MINUTES EAST, 149.8 FEET TO LANDS NOW OR FORMERLY OF LEON M. STERNER AND DOROTHY M. SMITH; THENCE ALONG THE SAME, SOUTH 87 DEGREES WEST, 124.12 FEET TO LANDS NOW OR FORMERLY OF R.L. ALTMAN; THENCE ALONG THE SAME, NORTH 1 DEGREE 44 MINUTES WEST 150.43 FEET TO THE SAID WAYNE DRIVE; THENCE ALONG THE SAME, NORTH 88 DEGREES 16 MINUTES EAST, 124 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 15 AND A TWENTY-NINE (29) FOOT STRIP ADJOINING SAID LOT ON THE EAST, AS SHOWN ON THE PLAN OF LOTS OF WAYNED. MEYERS, JR., KNOWN AS PLAN B OF HOLIDAY CREST, WHICH PLAN IS RECORDED IN PLAN BOOK 13, PAGE 43. SUBJECT, HOWEVER, TO A CERTAIN 10 FOOT WIDE EASEMENT AS DESCRIBED IN CUMBERLAND COUNTY DEED BOOK Q, VOLUME 28, PAGE 484. BEING KNOWN AS: 600 WAYNE DRIVE (UPPER ALLEN TOWNSHIP) MECHANICSBURG, PA 17055 PROPERTY ID NO.: 42-26-0245-829A TITLE TO SAID PREMISES IS VESTED IN JENNIFER L. LIBHART AND TROY E. WILKINS BY DEED FROM JON A. CHESTNUT AND STACY L. CHESTNUT, HUSBAND AND WIFE DATED 8/27/02 RECORDED 8/29/02 IN DEED BOOK 253 PAGE 1850. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-78 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NA as Trustee for MERRILL LYNCH MORTGAGE INVESTORS, INC., MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2002-HE1, Plaintiff (s) From JENNIFER L. LIBHART, TROY E. WILKINS and UNITED STATES OF AMERICA (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 lie/she has been added as a garnishee and is enjoined as above stated. Amount Due $157,162.24 L.L. Interest from 2/21/08 to Date of Sale 12/10/08 - ongoing per diem of $34.70 to actual date of sale including if sale is held at a later date - $10,201.80 Atty's Comm % Due Prothy $2.00 Atty Paid $214.10 Other Costs Plaintiff Paid Date: 8/06/08 S Proth otary (Seal) By: r- Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, 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. 203437 Real Estate Sale #50 On August 28, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 600 Wayne Dr., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 28, 2008 By: Real EstgVe Sergeant 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 31, November 7 and November 14, 2008 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, Editor SWOIKTO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 50 Writ No. 2008-78 Civil HSBC Bank USA, NA as Trustee for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE I VS. Jennifer L. Libhart and Troy E. Wilkins Atty.: Mark Udren ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Wayne Drive, which point is the northwest corner of property now or formerly of S.C. Hein; thence along the same South 1 degrees 44 minutes East, 149.8 feet to lands now or formerly of Leon M. Sterner and Dorothy M. Smith; thence along the same, South 87 de- grees West, 124.12 feet to lands now or formerly of R.L. Altman; thence along the same, North 1 degree 44 minutes West 150.43 feet to the said Wayne Drive; thence along the same, North 88 degrees 16 minutes East, 124 feet to the place of beginning. BEING Lot No. 15 and a twenty- nine (29) foot strip adjoining said lot on the east, as shown on the plan of lots of Wayne D. Meyers, Jr., known as Plan B of Holiday Crest, which plan is recorded in Plan Book 13, Page 43. SUBJECT, however, to a certain 10 foot wide easement as described in Cumberland County Deed Book Q, Volume 28, Page 484. BEING KNOWN AS: 600 WAYNE DRIVE (UPPER ALLEN TOWNSHIP), MECHANICSBURG, PA 17055. PROPERTY ID NO.: 42-26-0245- 829A. TITLE TO SAID PREMISES IS VESTED IN Jennifer L. Libhart and Troy E. Wilkins by deed from Jon A. Chestnut and Stacy L. Chestnut, husband and wife dated 8/27/02 recorded 8/29/02 in Deed Book 253 Page 1850. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE The PNow you know 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 continuous6y 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: 10/29/08 11/05/08 11/12/08 Sworn to an(f stibscribed before me this 25 Oay of November, 2008 A.D. Notary Public COMMONWEALM OF PENNSYLVANIA Notarial Seal { Sherrie L. Kisner, Notary Public City Of Harrisbirg, Dauphin County My Commission Expires Nov. 26.2011 f Member; Pennsylvaria A,ssociatien of Notaries Real Estate Sale No. 50 Writ No. 2008.78 Civil Term HSBC Bank USA, NA as Trustee 'for Merrill Lynch Mortgage Investors, Inc. Mortgage Loan Asset-Backed Certificates, Series 2002-HE7 VS Jennifer L. Libhart and Troy E. Wilkins Attorney Mark Udren LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF WAYNE DRIVE, WHICH POINT IS THE NORTHWEST CORNER OF PROPERTY NOW OR FORMERLY OF S.C. REIN: THENCE ALONG THE SAME SOUTH I DEGREES 44 MINUTES EAST, 149.8 FEET TO LANDS NOW OR FORMERLY OF LEON M. STERNER AND DOROTHY M. SMITH; THENCE ALONG THE SAME, SOUTH 87 DEGREES WEST, 124.12 FEET TO LANDS NOW OR FORMERLY OF R.L. ALTMAN: THENCE ALONG THE SAME, NORTH I DEGREE 44 MINUTES WEST 150.43 FEET TO THE SAID WAYNE DRIVE; THENCE ALONG THE SAME, NORTH 88 DEGREES 16 MINUTES EAST, 124 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 15 AND A TWENTY-NINE (29) FOOT STRIP ADJOINING SAID LOT ON THE EAST, AS SHOWN ON THE PLAN OF LOTS OF WAYNE D. MEYERS, JR., KNOWN AS PLAN B OF HOLIDAY CREST, WHICH PLAN IS RECORDED IN PLAN BOOK 13. PAGE 43. SUBJECT, HOWEVER, TO A CERTAIN 10 FOOT WIDE EASEMENT AS DESCRIBED IN CUMBERLAND COUNTY DEED BOOK Q, VOLUME 28, PAGE 484. PROPERTY ID NO.: 42-26-0245-829A BEING KNOWN AS: 600 WAYNE DRIVE (UPPER ALLEN TOWNSHIP) MECHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN JENNOE L. LIBHART AND TROY E. W BY DM FROM . )ON A. CHESTNUT AND STACF L. CH t'NFT, HUSBAND AND WIFE DATED 8127/02 RECORDED 8729t02. IN DEED BOOK 253 PAGE 1850.