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HomeMy WebLinkAbout08-0424PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169370 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 r ` '-l d' `/ Gr't, I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE +C-rl- File #: 169370 NOTICE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 169370 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 169370 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 169370 Plaintiff is WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ALLIANCE MORTGAGE BANKING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1918, Page: 808. By Assignment of Mortgage recorded 01/17/2006 the mortgage was Assigned to OPTION ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book: 724, Page: 611. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 169370 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $129,486.81 Interest $6,778.80 08/01/2007 through 01/15/2008 (Per Diem $40.35) Attorney's Fees $1,250.00 Cumulative Late Charges $472.76 04/30/2005 to 01/15/2008 Cost of Suit and Title Search 550.00 Subtotal $138,538.37 Escrow Credit $0.00 Deficit $4,721.50 Subtotal J! ,.U1.50 TOTAL $143,259.87 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 169370 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 169370 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $143,259.87, together with interest from 01/15/2008 at the rate of $40.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: X16 7 F CIS S. HALL AN, ESQUIRE D IEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 169370 LEGAL DESCRIPTION ALL the following described tract of land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. 1 on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of- way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; File M 169370 THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. Billow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-seven one hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five and ninety- four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy-three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; File #: 169370 THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty- three and sixty-one one hundredths (63.61) feet to an iron pin, the point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. 1 on the aforesaid Subdivision Plan. Parcel ID No. 42-30-2114-015 District: Section: Block: Lot: 2432 SOUTH MARKET STREET, MECHANICSBURG PA Prior instrument reference: DATED 8/25/89, RECORDED 9/1/89, in Book D34 Page 569 of the Recorder of Cumberland County, Pennsylvania. File #: 169370 A VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifcation.to authorities. A ey for Plaintiff DATE'-_ 1 a IFNI Q ON G 1 c 1 ? CASE NO: 2008-00424 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS FRY FLOYD ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRY FLOYD the DEFENDANT , at 1805:00 HOURS, on the 6th day of February , 2008 at 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 by handing to PATSY FRY, WIFE 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 z/-zo% 9 (+ 18.00 9.60 .00 10.00 00 37.60 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/07/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. _. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS FRY FLOYD ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRY PATSY the DEFENDANT , at 1805:00 HOURS, on the at 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge a/,.2/o P ?k' So Answers: 6.00 .00 .00 10.00 R. Thomas Kline 00 16.00 02/07/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this of 6th day of February , 2008 By. day Deputy Sher A. D. t PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. In Trust For The Benefit Of The Certificateholders Of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 Plaintiff VS. Floyd Fry Patsy Fry Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-424-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. S Fr ncis S. Hallinan, Esquire Attorney for Plaintiff Dated: March 13, 2008 t VERIFICATION ?q w oeaj hereby states that he/she is of OPTION ONE MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. o.,E d ?8 Name: Title: A ({ Company: OPTION ONE MORTGAGE CORPORATION Loan: 0016572588 File #: 169370 i ? PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. In Trust For The Benefit Of The Certificateholders Of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 Plaintiff VS. Floyd Fry Patsy Fry Defendant (s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-424-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: Floyd Fry 2432 South Market Street Mechanicsburg, PA 17055 Patsy Fry 2432 South Market Street Mechanicsburg, PA 17055 Brian Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 S Fr ncis S. Hallinan, Esquire Attorney for Plaintiff Dated: March 13, 2008 C7 ? ? a rt i .Y cn PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendants TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08-424-Civil CUMBERLAND COUNTY Kindly substitute the attached Complaint Verification executed by Topako Love, Assistant Secretary of Option One Mortgage Corporation, servicing agent for Plaintiff in this matter, for the verification executed by Francis S. Hallinan, Esquire, in connection with the above referenced Action. DATE: By: Sheetal R. Shah-Jani, Esq ire Attorney for Plaintiff f VERIFICATION To,pako Love hereby states that he/she is --Agsastant GeeFetary of OPTION ONE MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: j Name: TO O ko Love Title: ,sistant Sfr, - t± ,,ry Company: OPTION ONE MORTGAGE CORPORATION Loan:0016572588 File #: 169370 LT PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (mi) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08-424-Civil CUMBERLAND COUNTY I hereby certify that a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on the following parties on the date listed below: Brian J. Bleasdale, Esquire Bleasdale Law Office 931 Chislett Street Pittsburgh, PA 15206 DATE: 7111/a By: QLVIU Sheetal R. Shah-Jani, E q re Attorney for Plaintiff r,,.? rya rT ,, xi n P 1 x'. a WELLS FARGO BANK, N.A. IN TRUST FOR COURT OF COMMON PLEAS THE BENEFIT OF THE CERTIFICATE- HOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6, Plaintiff, VS. CIVIL DIVISION NO.: 08-424 CIVIL TERM FLOYD FRY and PATSY FRY, CUMBERLAND COUNTY Defendant. ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of: Defendants Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 WELLS FARGO BANK, N.A. IN TRUST FOR COURT OF COMMON PLEAS THE BENEFIT OF THE CERTIFICATE- HOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6, Plaintiff, CIVIL DIVISION VS. FLOYD FRY and PATSY FRY, Defendant. NO.: 08-424 CIVIL TERM CUMBERLAND COUNTY ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come Floyd and Patsy Fry, by and through her attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the mortgage is in default and that all payments have not been submitted, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the stated amounts in Plaintiff's Complaint are accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. 8. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. 9. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the appropriate Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the time of trial. 10. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. WHEREFORE, the Defendants respectfully request that the Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in their favor and against the Plaintiff plus cost of suit as sustained. Respectfully submitted, BLEASDALE LAW OFFICE VERIFICATION I, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. March 3, 2008 Date (Signature of Defendant o uthorized person) G ? cr` D TMI J '"X7 PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Wells Fargo Bank, N.A. In Trust for the Benefit of the Certificateholders Of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 6531 Irvine Center Drive Mail Stop: DC-Cash (BY) Irvine, CA 92618 Plaintiff VS. Floyd Fry Patsy Fry 2432 South Market Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 08-424-CIVIL TERM Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Floyd Fry and Patsy Fry, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D. 5. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6. Defendants admitted in paragraph three of their Answer that they executed the Mortgage and that the Mortgage has been assigned to Plaintiff. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A1, respectively. 7. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1918, Page 808, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 8. By Assignment of Mortgage recorded January 17, 2006, the Mortgage was assigned to Option One Mortgage Corporation, which Assignment is recorded in Assignment of Mortgage Book No. 724, Page 611. A true and correct copy of the Assignment to Option One Mortgage Corporation is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 9. By Assignment of Mortgage recorded March 28, 2008, the Mortgage was assigned to Plaintiff. Wells Fargo Bank, N.A., In Trust for the Benefit of the Certificateholderss of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6, which Assignment is recorded at Instrument No. 200809523. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A3. 10. The Mortgage is due for the September 1, 2007 payment, a period in excess of nine (9) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 11. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants letters notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof, and marked Exhibit E. 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit E. 13. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 14. Defendants have the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. submitted, kLLINAN & SCHMIEG, LLP By: P. al , Esquire !v for Plaintiff 1 i X ?¢ ?: EXHIBIT A PR1;,PARED BY: ?-- f ALLIANCE MORTGAGE TANKING CO 3601 HEMPSTEAD TURNPIKE, SUI kkk LEVITTOWN, NY 11756 PROPERTY ADDRESS: 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- Loan Number: 611016260 Servicing Number: 001657258-8 Parcel Number: 42302114015 N&RO f 0 vF E . , 2085 PH 9 Pfd 2 19 WHEN RECORDED MAIL TO: ALLIANCE MORTGAGE BANKING 3601 HEMPSTEAD TURNPIKE; S.-I LEVITTOWN, NY 11756 [Space Above7tn Luc For Recon1mg Dahl MORTGAGE THIS MORTGAGE ("Security Instrument") is given on April 30, 2005 The mortgagor FLOYD FRY AND PATSY FRY ("Borrower"). This Security Instrument is given to ALLIANCE MORTGAGE BANKING CORP., A NEW YORK CORPORATION which is organized and existing under the laws of NEW YORK , and whuNc addres§61 HEMPSTEAD TURNPIKE, SUITE 305, LEVITTOWN, NY 11756 ("Lender"}. Borrower owes Lender the principal sum of ONE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED FIFTY AND NO/100THs Dollars (U.S. $131,750.00 } 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 June 01, 2035 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 PAD10011.wp (03-24-03) nu 1918PG0808 loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 which has the address of 2432 SOUTH MARKET STREET, MECHANICSBURG Pennsylvania 17055- ("Property Address"); [Zip Code] [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 dern.?-<,_ subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly p.,v due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due 'v" ' j,. the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, D - shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, ,,. ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a )ietn 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, of its and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, ct•ii,'_ 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 Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 er 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, instrumentality, 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 PAD 10012.wp (03-24-05) 8K1918PG0809 Loan Number: 611016260 Servicing Number: 001657258-8 Date: ^ . ' If the Funds held by Lender exceed the amounts permitted to be held by applicable law, 1.c :7C, ,c.:;,,, A• account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, lender may so n(stily Borrower in writing, and, in such east Borrower shall pay to Lender the amount necessary to make deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Ler±dr,.:r discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly rerur;d Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Properly, l nOl!s . prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acqui5i.i,1-- sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received {a;, Lends under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, >> -m payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charge,,,, i ,° the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositiolls . to the Property which may attain priority over this Security Instrument, and leasehold payments or is if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid it Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly f'°. all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Ina:, Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manm. Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal pre; in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the ho,, an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deteruw...?. pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lende7 -ii Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the ac!6 above within 10 days of the giving of notice. 5. Hazard or Property Insturance. Borrower shall keep the improvements now existing or hcr?-.i on the Property insured against loss by fire, hazards included within the term "extended coverage" and _nt, hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be mainiaif" :; the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall b .... by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to `a ;z r coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's righ:5 r :r 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 pror,,ci. 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, insurar r proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining es y such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may deterrnin° 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 or 10 PAD10013.wp (Ol 24 01s Tx 19) 8 i'6 09 ?? Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 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 sutras 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, Maintenance 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 prorr =, - and assures Lender that Borrower intends to occupy this property as Borrower's primary /secondary resider,: Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days ati; of the Security Instrument. If Borrower breaches this promise to occupy the property as ls, - primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the ieineuoes provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and oae foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments uk :;4: accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or tiJ) r:,'k 1..t; 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 `or i it waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil o,, r; is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise -ally 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 ton or contract and causes of Page 4 of 10 PAD 10014. wp (03-24-05) 8K1918PG08I I Loan number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 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, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear 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 Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a 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 Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make 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 amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan seci;rel by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in 011, .?t If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previce-. Iy in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in eit, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a stem equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will 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 period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay 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. EnspeWon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. 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 Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. 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 Instrument, 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. Pagc 5 of 10 PAD 10015. wp (03.24-05) BK 1918PG0812 Loan Number: 611016260 Servicing Number: 001657258-8 Date: '?' .'' I I- Borrower Not Released; Forbearaaoc By Lender Not a Waiver. Extension of the time for pay twl modification of amortization of the sums secured by this Security Instrument granted by Lender to any suc in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's suecesc:r in interest. Lender shall not be required to commence proceedings against any successor in interest or lz°+ extend time for payment or otherwise modify amortization of the sutras secured by this Security Instrumel=. of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remed' 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agr; r F` of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, suhl provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Bomr, co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrumc-ti mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that any other Borrower may agree to extend, modify, forbear or make any accommodations with regard of this Security lnstrument 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 see loan charges, and that law is finally interpreted so that the interest or other loan charges collected of in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refejnt 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 arl charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrwnent shall be given i,., it or by mailing it by first class mail unless applicable law requires use of another method. The noti? , directed to the Property Address or any other address Borrower designates by notice to Lender. Air Lender shall be given by first class mail to Lender's address stated herein or any other address Len> by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law ar,; of the jurisdiction in which the Property is located. In the event that any provision or clause of thin. Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of thi Instrument or the Mote which can be given effect without the conflicting provision, To this end the prwvl-: ,, ; 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 Sec,,;,! Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower ; t.. a natural person) without Leader's prior written consent, Lender may, at its option, require immediate paymc:`:.,,, ,n full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lerat, 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 pr+, a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower mus! pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration Cr period, Lender may invoke any remedies permitted by this Security Instrument without further notice or derv i it on Borrower. Page 6 of 10 PAD10016.wp (113 BK 1918PG0813 Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30'!P- 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the rigni t: have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days i`nl other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any pc,.,... sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrurnew F - conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security instr1ln the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreement,-,. all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable art.,( and (d) takes such action as Lender may reasonably require to assure that the lien of this Security tr,str,Au# :P Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instmfr, continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations se:;.; shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (togetl i Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance w% 14 above and applicable law. The notice will state the name and address of the new loan Servicer ank, to which payments should be made. The notice will also contain any other information required by { 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, dispr. release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow art:: anything affecting the Property that is in violation of any Environmental Law. The preceding two r not apply to the presence, use, or storage on the Property of small quantities of Hazardous Subsu, generally recognized to be appropriate to normal residential uses and to maintenance of the Proper, Borrower shall promptly give Lender written notice of any investigation, claim, demand, ?: action by any governmental or regulatory agency or private party involving the Property and u-, Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or i any governmental or regulatory authority, that any removal or other remediation of any Hazardow, affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in ac: Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender. officers, employees, attorneys, agents, and their respective successors and assigns, from and again: claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs any required or necessary repair, cleanup or detoxification of the Property and the preparation and imp ? t of any closure, abatement, containment, remedial or other (required plan), expenses and liability , indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transl>,-- from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and kd rl Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hsi;a substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldeb a f. and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws 11 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 trader the Note or notes secured hereby is not paid w+i. 4= due, or if Borrower should be in default under any provision of this Security Instrument, or if Borrower is in default under any other mortgage or other instrtrntent secured by the Property, all sums secured by this Security Ins-tnurM :a and accrued interest thereon shall at once become due and payable at tbo option of Leader without prior notice except as otherwise required by applicable law, and regardless of Page 7 of 10 PAD1001TwP,')' '4 ? - BK1918PGO814 Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30'0` any prior forbearance. In such event, Lender, at its option, and subject to applicable law, may then or thereaftez invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. I.."d will collect all expenses int unA is pursuing the remedies tiescrtW in this Paragraph 21, including, but not lunited to, reasonable attorneys' fees and costs of title evidence. 22, Release. Upon payment of all sums secured by this Security Instrument, lender shall 10( property without warranty to the person or persons legally entitled to it. Such person or persons sra'.` recordation costs. Lender may charge such person or persons a fee for releasing the Property for services r.:f3dc ?t-c 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 in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or providing for stay of execution, extension of time, exemption from attachment, levy and sale, and exemption. 24. Reinstatement P@riod. Borrower's time to reinstate provided in paragraph 18 shall extend prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instru;,,x 25. Purchase Money Mortgage, If any of the debt secured by this Security Instrument is lend 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 judptt• on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time u - 27, Misrepresentationand Nondisclosurc. Borrower has made certain written representation, in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instr,;r and in the event that Borrower has made any material misrepresentation or failed to disclose any Lender, at its option and without prior notice or demand, shall have the right to declare the indebt ." by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured b Instrument, immediately due and payable. 28. Time is of the Essence. Time is of the essence in the performance of each provision of ?,rv Instrument. 29. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby fullest extent permitted by applicable law. 30. Modification. This Security Instrument may be modified or amended only by an agreement j: signed by Borrower and Lender. 31. Reimbursement. To the extent permitted by applicable law, Borrower shall reimburse '1. :, . Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the exec,,:-.;!- trust created hereunder or in the performance of any act required or permitted hereunder or by law or i i i +.; otherwise arising out of or in connection with this Security Instrument, the Note, any other note securciE °.: Security Instrument or any other instrument executed by Borrower in connection with the Note or Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their connection with Trustee and Lender including, but not limited to assumption application fees; fees foc le °•: i demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan docurft fr. verifications, full or partial lien releases and other documents requested by borrower or necessary for pcrf *-sri,,: of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored chmti' ' . to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraise, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and arising from foreclosure of the Property and protection of the security for this Security Instrument; and air =,ti .. Page 8 of 10 PAI)10018.wp iu,s noun1918PG0815 Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shalt to Lender their fees in connection with Lender providing documents or services arising out of or in connecrlo, this Security Instrument, the Note, any other note secured by this Security Instrument or any other X executed by Borrower in connection with the Note or Security Instrument. 32. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by :a r Security Instrument, the Security Instrument, or any other document or instrument executed in connecfi(,,l , , , Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calcu!a,.- computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-exet:;si:: documents that are necessary to correct any such error(s). Borrower further agrees that Lender will no to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any suctz 33. Lost Stolen, Destroyed or Mutilated Security Instrument and Other Documents. In the event theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instn other documents or instruments executed in connection with the Security Instrument, Note or notes the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrows or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to R1_ , mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in for identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan docui, replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Dir„ may be treated for all purposes as the original copy of such Loan Document. 34. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Ur of the Property. Borrower shall have the right to collect and retain the rents of the Property as thr Y and payable provided Lender has not exercised its rights to require immediate payment in foil of the u4 by this Security instrument and Borrower has not abandoned the Property. 35. Riders to this Security Instrument. If one or more riders are executed by Borrower together with this Security Instrument, the covenants and agreements of each such rider shall be inc, and shall amend and supplement the covenants and agreements of this Security Instrument as if the a part of this Security Instrument. (Check applicable box(es)) FX1 Adjustable Rate Rider ? Condominium Rider ? 1-4 Family ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Riw I ? Other(s) (specify) ? Page 9 of 10 6K1918PG0816 Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Securjlr..,. instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (seal) FLOYD FRY -Borrower t (Seal) PATSY 'Borrower r Certificate of/R:e/side= do hereby certify that the corm the within-named Mortgagee is 3601 HEMPSTEAD TURNPIKE, SUITE 305, LEVITTOWN, NY 11756 i Witness my hand this ?0 day of 4?t / Z?r ? ?s a rp COMMONWEALTH OF PENNSYLVANIA, 6iM,3ER -,9AJ0 Couinty ss14-6 On this, the 3A 70 day of RPRze a2,006; before me, the uncle: officer, personally appeared Fc dyD Fgy #jJP ?ArsY FR v known to me (or satisfactorily proven) to be the persons whose names 49,6 subscribed: , a within instrument and acknowledged that 7WZY executed the same for the purposes herein cowa ^4 1N WITNESS WHEREOF, 1 hereunto set my hand and official seal. >vfy Commission Expires: .,2 --2 3-..2ca Notanal Seat Cudis E. HWm Notary Public /U a f' eseec ze _ my? 2 Title of Officer NotaAes M ntw, Pema,*" AgwddM Of Page 10 of 10 PAD10020.x., BK 1918PG0817 Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made April 30, 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Dced of Trus, r t Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower secure Borrower's Adjustable Rate Note (the "Note") to ALLIANCE MORTGAGE BANKING CORP., A NEW YORK CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and lo< ror^ at: 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- [Property Address) THE NOTECONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT TNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TF, MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Instrument, Borrower and Lender further covenant and agree as follows: The Note provides for an initial interest rate of 8.500% Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of June 01 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is "Change Date. " (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London ffjr tflrr:, ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the business day of the month immediately preceding the month in which the Change Date occurs is caller! ilac "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upol; comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 50/100 percentage point(s) ( 6. 500$ to the Current Index. The Note Holder will then round the result of this addition to the next higher one e+ 01, of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded arnor"!, ,.,; MUr nWATE ADJUSTABLE RATE RIDER-LIBOR INDEX - Single Family Page I of 3 USR10021 ,0 ; i')1), 8K 1918PG0818 Loan Number: 611016260 Servicing Number: 001657258-8 Date: 04/30/05 be my new interest rate until the next Change Date. The Note Holder will then detemdne the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of n,<; monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.500% or less than 8.500% . Thereafter, my interest rate will be increased or decreased on any single Change Date by more than one percentage point (1.0%) from of interest 1 have been paying for the preceding six months. In no event will my interest rate be c„•: than 14.500% or less than 8.500% (E) Effedivc Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of monthly payment beginning on the first monthly payment date after the Change Date until the amea monthly payment changes again. (f) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and of my monthly payment before the effective date of any change. The notice will include informatic by law to be given me and also the title and telephone number of a person who will answer any que-, have regarding the notice. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property r interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and E is not a natural person) without Lender's prior written consent, Lender may, at its option, require- payment in full of all sums secured by this Security Instrument. However, this option shall not b, by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lende, . not exercise this option if: (a) Borrower causes to be submitted to Lender information required by 1, o evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender rear.; ., detemdnes that Lender's security will not be impaired by the loan assumption and that the risk of a brc ; + c any covenant or agreement in this Security instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condit 4,?. Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumj,,w.f agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agree. ter;: ; made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note .wo this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 deln c: ,: , or mailed within which Borrower must pay all sutras secured by this Security Instrument. If Borrower f.awi pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by thi; Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE RIDER-LIBOR WDEXShg0c Family Page t of 3 VSItr0022 (01.; 3 BK1918PG0819 Loan Number: 611016260 Servicing Number: 001657258-8 Dale: 04/30/05 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) FLO FRY PATSY (Seal) (Seal) 1 Certify this to be recorded In Cumberland County PA J• Recorder of Deeds MMIWA1L ADNSTMLE RA-M RIDER LMOR WDEX-Smyc family usR1002' ,f., ,, J Page 3 of 3 8K1918PG0820 Schedule A Description ALL the following described tract of land, together with the improvements thereon erected, situate in Upper AIlen Township, Cumberland County, Pennsylvania and being Lot No. I on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and land, now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two huff i sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivisir Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) second distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty-nine (59) minutes this, (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast ; of Lot No. 2 aforesaid and lands now or formerly of J. Billow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minute thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an °i at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-seven one hundredths (146.47) l'ey E it an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five and ninety-four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy-three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty-three and sixty-one one hundrt dth (63.61) feet to an iron pin, the point and place of BEGINNING. NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule A Description, Schedule B-Section 1, and Schedule B-Section 2 +'he; commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. z File N: Es .S g' TM K1918PG0821 Containing 1.101 acres more or less and known as Lot No. 1 on the aforesaid Subdivision Plan. , Parcel ID No. 42-30-2114-015 District: Section: Block: Lot: I 2432 SOUTH MARKET STREET, MECHANICSBURG PA NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule A Description, Schedule B-Section 1, and schedule B-Section 2 commitment is of no force and effect unless all schedaks are included, along with any Rider pages incorporated by reference in the insert pages 3 File N: E5S - 8K1918PGO822 EXHI-BIT pl CERTI J COPT' Loan Number: 611016260 Servicing Number: 001657258-8 OF ORIGINgI /30/05 ADJUSTABLE RATE NOTE (LIBOR Mat -. Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY RTrFAEST RATE AND MY MONTHLY PAYMENT, THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE; CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- iPropcrry Addt al I. BORROWER'S PROMISE TO PAY In return for a loan that i have received, I promise to pay U.S, $131,750.00 (this amount is called 'principal"), plus interest, to the order of the Lender. The Leader is ALLIANCE MORTGAGE BANKING CORP., A NEW YORK CORPORATION 1 understand that the Lender may transfer this Note. The Leader or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST" Interest will be charged on unpaid principal until the full amount of principal has been paid. Interest will be calculated on the basis of a 12-moath year and a 30-day month. I will pay Interest at a yearly rate of a .500% The interest rate f will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time mid Place of Payments i will pay principal and interest by making payments every month. I will nuke my monthly payments on the first day of each month beginning on July 01 , 2005 1 will make these payments every month until i have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If, on, June 01 1203S I still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ALLIANCE MORTGAGE BANKING CORP. 3601 RE4PSTARD TURNPIKE, SUITE 305, LEVITTOWN, NY 11756 or at a different plate if required by the Note Holder. (B) Arnocut of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $1,013.04 This amount tray change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (D) Application of Payments Payments received by the Note Holder will be applied in the following order: (1) prepayment charges due under this Note; (ii) amounts payable under paragraph 2 of the Security instrument (defined below); (iii) interest due trader this Note; (iv) principal due under this Note; and (v) late charges due under this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Charge Dares The interest rue f will pay may change on the first day of June of 2007 and on that day every sixth month thereafter. Each dale on which my interest rate could change is called a "Change Date." (B) The index Beginning with the first Change Date, my interest two will be based on an index. The "Index' is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most to= Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the 'Current Index.' If the index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give the notice of this choice, (t) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 50/100 percentage point(a) ( 6.50ot ) to the Current Index. The Note Holder will thcn round the result of this addition to the next higher one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fall on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. PCNMYLVANIA ADAWASLE RACE M(rrP 1.®QR INDEX- Sin& Paett) Pine 1 of 3 PAMMI.wp(02-09-0Z) go Loan Number. 611016260 Servicing Number: CCOP104/30/05 0016572 ORINF?a (D) Lutes on Interest Rue Changes The interest rate f am required to pay at the first Change Date will not be greater than 11.500% or less than 8.500E . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.500% or less than 8.500% (E) Effective Date of Changes My new interest rate will biome effective on each Mange Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will Wude information required by law to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to nuke payments of principal at any time before they are due, together with accrued interest. A payment of principal only is known as a "prepayment." When 1 make a prepayment, 1 will tell the Note Holder in writing that 1 am doing so. If 1 make a partial prepaymrn4 there will be no changes in the due dates of my monthly payments unless the note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. If within 24 Months from the slate of execution of the Security Instrument I make a full prepayment or, in certain cases a partial prepayment, I will at the same time pay to the Note Holder a prepayment charge. The prepayment charge will be equal to six (6) months advance interest on the amount of any prepayment that, when added to all other amounts prepaid during the twelve (12) month period immediately preceding the due of the prepayment, exceeds twenty percent (20%) of the original principal amount of this Note. Notwithstanding the foregoing, I will not be required to pay a prepayment charge to the Note Holder if the original principal amount of the Note is $50,000 or less. In no event will such a charge be trade unless it is authorized by state or federal law. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any stints already collected front me which exceeded permitted limits will be refunded to one. The Note Holder may choose to snake this refund by reducing the principal I owe under this Note or by making a direct payment to tne. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Dcfanlt If 1 do not pay the full amount of each monthly payment on the date it is due. I will be in default. If 1 am in default, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all interest that l owe on that amount, together with any other charges that I owe under this Note or the Security Instrument, except as otherwise required by applicable law. (G) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (D) Payroeat of Note Holder's Costa and Expenses If the Note Holder has required «e to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, whether or not a lawsuit is filed. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to rte at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section J(A) above or at a different address if 1 am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Pate 2 of 3 PANT6022.vp (02-0&021 •• ••. Loan Number: 611016260 Servicing Number: ooi6 FICD Copy 04/30/05 fE?M 10.. WAArM OF ORIGINAL 1 and any other person who has obligations under this Note waive e n tment and notice of dishonor. "Presamnent" mum the right to require the Note Holder to dertlat(d payment of armounta due. 'Notice ofd'uhottor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SBCURBD NOW In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises that I make in this Note. That Security Instrument de=-= how and tinder what conditions I may be required to snake immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial ha rest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial inw esl in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Leader 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. Leader also shall not exercise this option If: (a) Borrower causes to be submitted to Leader information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lander reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may cbarge a reasonable fee as a condition to Larder's consent to the loan assumption. Lender may also require the transferee o sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security bmtrutnutt. Borrower will continue to be obligated under the Note and this Security instrument unless Lender releases Borrower in writing. If Leader exercises the option to require Immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the due 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 perrnitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. FLOYDSPRY -Borrower -Borrower (Sap (Sea) PATSY P Borrower -Borrower -(sass) (San -Borrower -Borrower Page 3 of 3 [Sign Original Only] PAMr0023.wp (02-08-025 - . I .. __ 11 - .. Loan Number: 611016260 i 4 Servicing Number: 001657258-8 .40 Date: 04/30/05 ALLONGE TO NOTE (CORONE LENDER) 'his allonge [makes reference to the following Note: COPY Borrowers: FLOYD FRY and PATSY FRY Loan 9: 611016260 Property Address: 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- Loan Amount: $131,750.00 Note Date: 04/30/05 Therefore, in reference to the captioned note, the foilowing applies: Pay to the order of: OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION Without Recourse. By: ALLIANCE MORTGAGE BANKING CORP., A NEW YORK CORPORATION Authorized Signer's Name SHRU A MULTER Print Signer's Name v.P' Print Signer's rifle t i i J Pace I of I USD305 1. wp (OS i Loan Number: 611016260 • Servicing Number: 001657258-8 Date: 04/30/05 ALLONGE TO NOTE (INVESTOR) _ CERTIFIED COPY This allonge makes reference to the following Note: OF ORIGINAL Borrowers. FLOYD FRY and PATSY FRY Loan#: 611016260 Property Address: 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055- Loan Amount: $131,750.00 Note Date: 04/30/05 Therefore, in reference to the captioned note, the following applies: Pay to the order of. Option One Mortgage Corporation A California Corporation ?RJ/Vh _ tLa? By IL Mirtha Velsor Assistant Secretary Without Recourse Page I of 1 USD3050.wp (0:3 R ! : ,' EXHIBIT A2 U1/U7/LUUd 17:J5 ILL 7110VU1 !104 ? V J V 5 :.. Pr by: Oytioo One Mortgage Corp. OF rn 4o: Assn Deptd: fyxeu itecorded RG7r :? AmericenNcum-'Sc"ka.1me- 350 Cm-,1" F-r LUIO J:lY p(( 12 34 /rvgle CA 97602 PRQ/EC763I (888)477-4780 35v 1111 ORIGINAL Lope Nud* r. 63101ti260 Saviaing Number; 001637256-e A.P.N.# 42302114015 Ibb Lba TMsm"m p jGr&jWr OP MORTGAGE COMMKWWRALTH op HROMYLVANiA. Rmberla-d C411N1'Y. FOR VALUE RECB1VtiD. tbs O11&KAPS6 ALLYAVi= MMTGMM HAMMIG CORP., A 14W YORK CORPORATION does baby grant, bergtaa. Wt. convey, odp and dc1hW tmic option One mortgtt3a CvZD=%t *Q. a Ca2!lesnis Caxpot'aticn wbote ad&,m 10. 3 Ada. Irvine. CA 92636 that a uin lu(-pge -c-AW by Fi,crm PRY AND PATSY FRY (M-mor) to the pndasigoed, which M(-,tV ge i1 m-pied in ft offim of 1be Recorder of Deeds of cumberiand chamn of . Pcmmwhvlia, W Book Volwne 1 ?g wim ft dcbc Weceby tee q l sl iewtrd and the Hole thett:ia dacrlbed And 111 riybt. tale, rW 1101 01' dw ondet!Pted in and to the htf18 aad t Mpaty coaveyad by saW Mortgage, said prendM bong a1it1A 4 to M=MNIC82TMG County of Cumberla A4 . Pomgtvavi& ad known ax: 2432 9OLnW MAI= S=2T,WKZWZC6aURG. PA 17055^ DB.9CRUM ON b OWMAOB RMgZ= TD HERM Mortgage Atnoant: $131, 750 - 00 I.oC1dOn of pr0pEnT. Township. bos+dugb. mu"Cipality or ward 11 (indicate which) = State of City. KECWWXCSRURG PennsytvaNa ! 1 4,x?..s C) / "LcOS I J pa.lypry N.I?at or arprplo plot 1 of 2 _ ._ .1 ----------- 7P-4 PACE 611 mmsMi (01112001) jvv? W 01/07/2008 17:35 TEL 7175997784 d c; MAV ,_,?,,, ORIGINAL L.mah Number: 611016260 SftVi ft Kmdbet: 0o16S1259-8 Dste: 06/30/05 IN WPfNESS WHFMF. bas eaaaod f' 10 be cx= in nam-•e by iU duly astbomad 0fMM. 00 04 dq `' ?(7J To have and to bold unto succcuorf and anus faevu. A7'f'1 : ALUAb1C8 VMTQAM RPXXZM CORP • Jt l`.0 2Il:N SKM A MULTER ? ? . On this the *t - dw of / / vrr . 7005- . before me, the » odcatt od oftim, ley app-ed who acknowledged himself to to the of a corporation. and that be. as "Ch . be+og autbmibdd so tO do. eaecwed dw f fnalrutraat for the pttt om uaaoia coaudmsd, by signing the name of use oapoiuian by WSW n In Witness whemvf f hercaft- Set VW hand etd 0f8 W teal. AkVa A1DDY Norry Psgtie ->3? d N'4sar Yadc W darn ta. go PcomiesAripacd d krata.p Pane 2 d2 PAMMM (Ol/12 I) 800K 72-1 PAcf ?1?. EXgIBIT A3 Ci?1? < I?PA3'lo ASSIGNMENT OF MORTGAGE ?i KNOW ALL MEN BY THESE PRESENTS that Option One Mortgage Corporation here` •` t after Assignor the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DO 2; ($1.00) lawful money unto it in hand paid by WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEF-j IT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORAT19L HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 , "Assignee" the receipt whereof is hereby acknowledged, does hereby grant, bargain sell, assign, transfer and set over unto the said Assignee; , its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Floyd Fry and Patsy Fry to Alliance Mortgage Banking Corporation, bearing the date 04/30/05, in the amount of $131,750.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 08/09105 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1918 Page 808, which Mortgage was assinged to Option One Mortgage Corporation recorded 01117/06 in book 724 and page 611. Being Known as Premises: 2432 S Market Street, Mechanicsburg PA 17055 Parcel No: 42-30-2114-015 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant ofAttomey to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises: hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption ofsaid Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor has caused its Corporat Seal to be herein xedl'and these presents to be duly executed by its proper officers this _]_L_ day of 20 !, Option One Mortg it, oration By. Sealed and Delivered Vice President in the presence of us; Attest: State of !Y1 Topak0 lov AJ4tant Secreta y ss. f County of On this I / day of 20 before me, the subscriber,;personally appeared who acknowledged hini/herself to be the Vice President of Option One Mortgage Corporation, and that he/she, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SHOUA MOUA 14Stamp/Seai• _ ?7MY COMMISSION Notary Public EXPIRES JAN. 31, 2012 The precise address of the After recording return to: within named Assignee is: Phelan, Hallinan and Schmieg LLP i 3 Ada D One Penn Center Irvine 2618 1617 J.F.K. Blvd., Ste.1400 3/U110 1 H C By: Philadelphia, PA 19103-1814 Doc equest or Assignee) 0016 72588 1' ; 01/07/2408 17:35 TEL 7175997794 J CONRAI? Schedule A Description Q 032 ALL the following described tmot of land, together with the itapxavan"is thereon erected, sh w tae in Upper Allen Township, Cumberland County, Ptlensylvania and belies Lot No. 1 on the Subdivision Plan for Norasan E. Spahr, by Gletrit J. Betz Aseoci8ltda Inc., prepared Octotw 11, 1973 and mordod in Cumberland Courdy Records, Plan Rook 34 Pop 55, botmded and describod as follows: BEGROUNG at an iron pin ot1 the dedicated right-of-way line of a forty (40) hoot wide righWI-way along the Western edge of State Ifthway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundre the (142.08) list tom the Southela t corner of LotNo. 3 on the aforesaid Subdivision Plan and lands now or f kine0y of Richard A. l3knoU teia; THENCE South aixty-nine (69) degrees fifty-one mi111I1us nineteen (19) seconds West a distant: of two hundred sbity-tluee and sixty two ow hundredft (263.62) ibet to an iron pin at Lot No. 2 on the aforesaid Subdivision Finn; THENCE along Lot No. 2 aforesaid, North faertaen (14) degr>sas zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine sad twenty-five one hundredths (109.25) feet to an Irma pin; 1 THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fsfty-nira (59) sninutss thirty-four (34) seconds Bast a distance of thirty and no one hundredths (30.00) feet to an iron pin; I TFMCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds Walt a distance of two hundred and no one hundredths (200.00) foot to an iron pin at the Notthout corner of Lot No. 2 afbreseld and lands now or tbrmerly of J. Billow; THENCE along lands now or formerly ofJ, Billow, Worth seventy-five (75) degrees fifty-nine (59) Mantes thirty-four (34) seconds But a distance of acne hundred twenty and no one hu ndeedda (120.00) feet to an iron pin at lards now or formerly of J. Billow and lauds now or formerly of Wilbert D. Weir, TFiENCB along lands now or finumly of Wilbert D. Weir, South elgbteon (1S) degrees twenty minufs thirty-seven (37) seconds East a dktaaee ctf one hundred forty-six and forty-seven one hundredths (146,47) feet to an iron pin; THENCE continuing along lands now or formerly of Wihbert.D. Weir South thirty-one (31)• dgveos.fifty!Aw (19) minutes twenty-six (26) seconds Fast a distance of eighty-fte and ninety-tbtu one hundredths (85.94) foot to an imn pin; THENCE continuing along !sods now or formaly of Wilbert D. Weir, North Seventy throe (73) degrees SSeen (15) minutes thirty-four (34) seconds East a distance of am hundred fifty-6ne, and ninety-six one b=&4dit (153.96) feet to an iron pin at the dedicated right-of-way line of a fogy (40) t bot Ada: 60t-of-way long the Western edge of State Highway Route 114, also known as L.R. 416; I I SN1CE along the dedicated right-of-way of a forty (44) foot wide right-of-way aforesaid, South three (03) degrepa thirty-eight (38) minutes f1Ry-six (56) seconds West a d1vame of sixty-thm and afxty-one one hundredthtt (63.61) feet to an iron pin, the point and place of BEGUINING. MUM II* Conwita at emrfgs ofamwt.pagm Id okd in Sebedule A. $&Adalo A Du ripfi^ ado" 8-50c*0 1. and ed elk 94ka ion 2. This ooaumherat it ofto Exec and eabo *don as wheduka on fiw> aI4 along *11b any kidw pops mco:Vmt d by wferaaloe to ft Meet pa1rn. 2 File* 3188 -1*8761 191 8 PG Q 8.21 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200809523 Recorded On 3/28/2008 At 11:37:03 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -17375 User ID - MSW * Mortgagor - OPTION ONE MORTGAGE CORP * Mortgagee - ??? * Customer - PHELAN HALLINAN & SCHMIEG LLP * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $27.00 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ctr RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IYlllil? 1111111111111111111111111111 EXHIBIT B a PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF ) ss. COUNTY OF ) -Kathleen Degrammont, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Foeclosure Portfolio Manager- at Option One Mortgage Corporation, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendant s mortgage payments due September 1, 2007 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $129,486.81 Interest $6,778.80 August 1, 2007 through January 15, 2008 (Per Diem $40.35) Attorney s Fees $1,250.00 Cumulative Late Charges $472.76 April 30, 2005 to January 15, 2008 Cost of Suit and Title Search $53U.U0 Subtotal $138,538.37 Escrow Credit $0.00 Escrow Deficit $4,1213II TOTAL $143,259.87 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Name: Kathie ammont Title: Foreclosure Portforlio Manager Option One Mortgage Corporation TO AND SUBSCRIBED ME THIS DAY OF ---- 2008. NOTARY PUBLIC File Name and Number: Floyd Fry and Patsy Fry, Account No. 0016572588 State of California County of Orange Subscribed and sworn to (or affirmed) before me, Scarlett Lang, Public Notary on this 25th day of April, 2008. Kathleen DeGrammont proved to me on the basis of satisfactory evidence to me the person(s) who appeared before me. Signature EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 NI, ESQ., Id. No. 81760 SHEETAL R. SHAH-JA JUDITH T. ROMANO ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 .PHILADELPHIA, PA 19103 (215) 563-7000 169370 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendants L _ ATTORNEY FOR PLAR COURT OF COMMON {" . CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169370 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169370 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAT' ; COURT OF COMMON CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169370 NOTICE You have been sued in Court. If you wish to defend against the claims set fort l , { " . following pages, you must take action within twenty (20) days after this Complaint and N'oi,i are served by entering a written appearance personally or by attorney and filing in writing w ! r the Court your defenses or objections to the claims set forth against you. You are warn ed i' •t you fail to do so, the case may proceed without you, and a judgment maybe entered again si r by the Court without further notice for any money claimed in the Complaint or for any v ti,I i claim or relief requested by the plaintiff. You may lose money or property or other right important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF t,` NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 1' THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A '_ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY i3 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFF- k LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 169370 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 169370 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 169370 1. Plaintiff is WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter d, 3. On 04/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon premises hereinafter described to ALLIANCE MORTGAGE BANKING CORPORATION which mortgage is recorded in the Office of the Recorder of` CUMBERLAND County, in Book: 1918, Page: 808. By Assignment of Mort,- recorded 01/17/2006 the mortgage was Assigned to OPTION ONE MORTGA(_ j CORPORATION which Assignment is recorded in Assignment of Mortgage Boo Page: 611. PLAINTIFF is now the legal owner of the mortgage and is in the proce4s formalizing an assignment of same. The mortgage and assignment(s), if any, are of public record and are incorporated herein by reference in accordance with Pa.R.C.P 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 169370 5. 6. The mortgage is in default because monthly payments of principal and intereti=, mortgage due 09/01/2007 and each month thereafter are due and unpaid, and h r ; ;s of said mortgage, upon failure of mortgagor to make such payments after a date A by written notice sent to Mortgagor, the entire principal balance and all interest dtte thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $129,486.81 Interest $6,778.80 08/01/2007 through 01/15/2008 (Per Diem $40.35) Attorney's Fees $1,250.00 Cumulative Late Charges $472.76 04/30/2005 to 01/15/2008 Cost of Suit and Title Search 550.00 Subtotal $138,538.37 Escrow Credit $0.00 Deficit $4,721.50 Subtotal $4,721.50 TOTAL $143,259.87 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth be less than the amount demanded based on work actually performed. The attorrw-? --requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserve,- W right to collect attorney's fees up to 5% of the remaining principal balance in the e V C a property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of th'. action requires additional fees in excess of the amount demanded in the Action. File M 169370 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judger.. against the Defendant(s) in the Action; however, Plaintiff reserves its right to bra i ) separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liabiliI, discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeca, Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 199Z, Notice of Default as required by the mortgage document, as applicable, have 1 the Defendant(s) on the date(s) set forth thereon, and the temporary stay as prti_ said notice has terminated because Defendant(s) has/have failed to meet with V or an authorized consumer credit counseling agency, or has/have been denied ass,,. by the Pennsylvania Housing Finance Agency. File #: 169370 10. This action does not come under Act 6 of 1974 because the original mortgage rr ?! s exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the of $143,259.87, together with interest from 01/15/2008 at the rate of $40.35 per diem to tilt: c of Judgment, and other costs and charges collectible under the mortgage and for the foru6o :, and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: J-'16;7 FRA& CIS S. HALL AN, ESQUIRE D L G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 169370 LEGAL DESCRIPTION ALL the following described tract of land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. I on th( Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared Octob ; 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot whit:: way along the Western edge of State Highway 114, also known as L.R. 416, which i one hundred forty-two and eight one hundredths (142.08) feet from the Southeast cor, , No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blu:, THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds Wes' of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin a s on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-sR (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) (Let to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty-nirle minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00 an iron pin; File M 169370 THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) nni',, ¢:- twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) 1a 3 an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. 13i ??o ' THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-t.it?: (59) minutes thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands z;o -. formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrc, minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-,c hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-ones degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five alit; 1 four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy-three (' ') 4 degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-(li!:;: and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line o forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; File #: 169370 THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaic; South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance )t , ; " three and sixty-one one hundredths (63.61) feet to an iron pin, the point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. 1 on the aforesaid Subdivisiers [I4, s Parcel ID No. 42-30-2114-015 District: Section: Block: Lot: 2432 SOUTH MARKET STREET, MECHANICSBURG PA Prior instrument reference: DATED 8/25/89, RECORDED 9/1/89, in Book D34 Page Recorder of Cumberland County, Pennsylvania. File #: 169370 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information, supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications.to authorities. Att§ ey for Plainti DATE". 1 0? EXHIBIT D Id 143 7c,") WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATE- HOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6, Plaintiff, vs. FLOYD FRY and PATSY FRY, Defendant. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 08-424 CIVIL TERM CUMBERLAND COUNTY ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of Defendants Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 WELLS FARGO BANK, N.A. IN TRUST FOR COURT OF COMMON PLEAS THE BENEFIT OF THE CERTIFICATE- HOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6, Plaintiff, CIVIL DIVISION vs. FLOYD FRY and PATSY FRY, Defendant. NO.: 08-424 CIVIL TERM CUMBERLAND COUNTY ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come Floyd and Patsy Fry, by and through her attorney, Brian J. Bic,, , Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In " Foreclosure wherein the following is averred. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Defendants are without knowledge or information sufficient to fori- .> belief as to the truth or falsity of the allegation that the mortgage is in default and that all payn,,. t. have not been submitted, and therefore this allegation is denied and strict proof is demanded at tht: time of trial. 6. Denied. The Defendants are without knowledge or information sufficient to forn <, belief as to the truth or falsity of the allegation that the stated amounts in Plaintiff's Complaint arc accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. 8. Plaintiff's corresponding paragraph is a conclusion of law to which no respc-'r required. 9. Denied. The Defendants are without knowledge or information sufficient to , t ! . belief as to the truth or falsity of the allegation that the appropriate Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded time of trial. 10. Plaintiff's corresponding paragraph is a conclusion of law to which no resporse s required. WHEREFORE, the Defendants respectfully request that the Plaintiff s d:: be dismissed with prejudice and that judgment be entered in their favor and against t? plus cost of suit as sustained. F Respectfully submitted, BLEASDALE LAW OFFICE VERIFICATION 1, Brian I Bleasdale, Esq., verify that the statements made in this Answer to Cu p31r?h: v ; Mortgage Foreclosure are true and correct to the best of my knowledge, information and b,' I" statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 tF' ?s.r unworn falsification to authorities. March 3, 2008 Date (Signatue of Defendant uthorized per i EXgIF'IT E ? ?> m ? ?> 0 'm _..a a m a a?O° a 7 7m° CD (40? N ?Q W 0 n dSnCD gi a(g? y v?m ? vim CD G7 D7 ?7. M a m w ,g = ?. .. 0 N d = tom: __ 2ND z D? n ? ca x _ - W m c _ m N D -_ J w Mill ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 0 ,_S f hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives± the Consumer Credit Counseling Agency may be able to help explain it. You may also wanj contact an attorney in your area. The local bar association may be able to help you fin:: lawyer. LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PLIES 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. FORECLOSURE November 05, 2007 Floyd Fry 2932 S Market St Mechanicsburg PA 17055 Homeowners Name: Floyd Fry Patsy Fry Property Address: 2932 S Market St, Mechanicsburg PA 17055 Loan Account No.: 0016572588 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) y4jAt ?s t. 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 R59 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) OP794 013 R59 Re: Loan No. 0016572588 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: 2432 S Market St, 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 @ $ 1,294.46 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 $ 3883.38 $ 317.42 $ 67.73 $ 0.00 4268.53 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 $4268.53, 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: 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) OP795 022 R59 ffill Re: Loan No. 0016572588 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the THIRTY (30) DAYS of the date of this Notice, the lender 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. OP796 (Page 6 of 9) default within intends to 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) OP796 014 R59 ?y? Re: Loan No. 0016572588 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 R59 I?Rc:6 Sao Sao ?a g c 1>0 '(D a- ; o a a . m n m ? ? 19 Cl) o m ?$ --I =L CD m o a? ?i cr r. ri a a m U) -n 0> U)? W = rn j G7 __ rU J = v _ EP Y, _ -n cn = ti W ? jr ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 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. x FORECLOSURE This Notice contains important legal information. If you have any questions, representatives 0 the Consumer Credit Counseling Agency may be able to help explain it. You may also want contact an attorney in your area. The local bar association may be able to help you find lawyer. November 05, 2007 Patsy Fry 2432 S Market St Mechanicsburg PA 17055 Homeowners Name: Floyd Fry Patsy Fry Property Address: 2432 S Market St, Mechanicsburg PA 17055 Loan Account No.: 0016572588 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) 10. 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) OP890 017 R59 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 R59 •-K E0 Re: Loan No. 0016572588 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: 2432 S Market St, 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 @ $ 1,294.46 MONTHS @ $.00 $ 3883.38 (b) Previous late charges; $ 317.42 (c) Other charges; Escrow, Inspection, NSF checks $ 67 .7 3 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 4268.53 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 $4268.53, 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 R59 R 4? Re: Loan No. 0016572588 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 u 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 R59 VA Re: Loan No. 0016572588 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@OCMC.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) 02844 033 R59 NO Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Wells Fargo Bank, N.A. In Trust for the Benefit of the Certificateholders Of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 6531 Irvine Center Drive Mail Stop: DC-Cash (BY) Irvine, CA 92618 Plaintiff VS. Floyd Fry Patsy Fry 2432 South Market Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 08-424-CIVIL TERM I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Brief in Support thereof were sent via first class mail to the persons on the date listed below: Brian Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 Floyd Fry Patsy Fry 2432 Sot arket Street Mech icsb c. PA 1-70Y Date: Joseph PSl?halk,quire Att ev or nti Cl) PRAF.C_IPE FOR LISTING CASE. FOR ARGIJMF,NT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE Wells Fargo Bank, N.A., In Trust for the Benefit of the Certificateholders of Asset Backed Securities Corporation Home Equity Loan trust, Series OOMC 2005-HE6 (Plaintiff) VS. Floyd Fry Patsy Fry (Defendant) No 424 Civl Term 2DI) 1. State matter to be argued Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (b) for defendant: Brian Bleasdale, Esquire Address: 931 Chislett Street Pittsburgh, PA 15206 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 9, 2008 Date:5. 1). OF C =1 U5 un IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. In Trust for the Benefit of the Certificateholders Of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 6531 Irvine Center Drive : Court of Common Pleas Mail Stop: DC-Cash (BY) Irvine, CA 92618 : Civil Division Plaintiff VS. Floyd Fry Patsy Fry 2432 South Market Street Mechanicsburg, PA 17055 Defendants : Cumberland County : No. 08424-CIVIL TERM ORDER AND NOW, this f day of , 2008 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in mm judgment is entered in favor of Plaintiff and against Defendants, Floyd Fry and Patsy Fry, for $143,259.87 plus interest from January 15, 2008 at the rate of $40.35 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE URT: r J. ttJ W?, vt- Vi'WAWNN3d L S :6 WV ? i I f GOU Abvi Nui,ito' d 3H1. d4 3,qL'4r-o- 031H PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. : CIVIL DIVISION FLOYD FRY PATSY FRY : NO. Og - µa 4 CiVa Tem PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against FLOYD FRY AND PATSY FRY, Defendant(s) in accordance with the Court's Order dated 07/10/2008 . Assess Plaintiffs damages against FLOYD FRY AND PATSY FRY as follows: As set forth in the Order 1/15/08 TO 7/10/08 Interest- TOTAL $143,259.87 NOTICE PURSUANT WITH RULE 237.1 IS NOT REQUITED IN ACCORDANCE WITH THE ATTACHED COURT ORDER. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9/03/09 169370 PRO PROTHY 1s/ duJ444 ,d-. OK,Q 4 wA sic) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. In Trust for the Benefit of the Certlficateholders Of Asset Backed Securities . Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 6531 Irvine Center Drive Mail Stop: DC-Cash (BY) Irvine, CA 92618 Plaintiff VS. Floyd Fry Patsy Fry 2432 South Market Street Mechanicsburg, PA 17055 Defendants : Court of Common Pleas : Civil Division Cumberland County : No. 08424-CML TERM AND NOW, this Q day of , 2008 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendants, Floyd Fry and Patsy Fry, for $143,259.87 plus interest from January 15, 2008 at the rate of $40.35 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. COPY FROM REWRD e4 Tedkmy red. i late go set my I., at" Ps cow BY THE 0 URT: J. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC- CASH (BY) Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-424-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant FLOYD FRY is over 18 years of age and resides at, 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. (c) that defendant PATSY FRY is over 18 years of age, and resides at, 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Sv 10 w , iN. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC- CASH (BY) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-424-CIVIL TERM Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 3 200 By: a48 (ADEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ., PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC No. 08424-CIVIL TERM 2005-HE6 Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $143,259.87 Interest $10,965.99 and Costs WRIT TOTAL $154,225.86 DANIEL G. SCHMIEG, ESQUIRE \ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 169370 lot, 0 a 7W C """' a U 00 ©Q v a F,,U d W U od ?wH?w a woo Cx ? J In u' wW a .Hd o U _ w? W a; w © o W? iia1 dd ?yP} P rI VJ? r ? d v? ?w ?i w o •?oo6o 4 t A 4% Legal Description ALL the following described tract of land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. 1 on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty- nine (59) minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. Billow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-seven one hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five and ninety-four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy- three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty-three and sixty-one one hundredths (63.61) feet to an iron pin, the point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. 1 on the aforesaid Subdivision Plan. 2432 SOUTH MARKET STREET, MECHANICSBURG PA PARCEL IDENTIFICATION NO: 42-30-2114-015, CONTROL #: 42004321 TITLE TO SAID PREMISES IS VESTED IN Patsy Fry and Floyd Fry, by Deed from Patsy Lee Mitchem, dated 04/30/2005, recorded 08/09/2005, in Deed Book 270, page 1749. WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-424-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FLOYD FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BRIAN J. BLEASDALE, ESQ. FOR FLOYD & PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6'h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13"h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 931 CHISLETT STREET PITTSBURGH, PA 15206 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 authoritie DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff r,a c ' T W -71 PHEILAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff, v. FLOYD FRY PATSY FRY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-424-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C"? ? `, 4 Ala' ??? ?.{ r WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). TO: FLOYD FRY 2432 SOUTH MARKE !' y't'1tEET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 08-424-CIVIL TERM PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $150,442.17 obtained by WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. y 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 (215) 563-7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 • Legal Description ALL the following described tract of land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. 1 on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty- nine (59) minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. Billow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-seven one hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five and ninety-four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy- three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty-three and sixty-one one hundredths (63.61) feet to an iron pin, the point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. Ion the aforesaid Subdivision Plan. 2432 SOUTH MARKET STREET, MECHANICSBURG PA PARCEL IDENTIFICATION NO: 42-30-2114-015, CONTROL #: 42004321 TITLE TO SAID PREMISES IS VESTED IN Patsy Fry and Floyd Fry, by Deed from Patsy Lee Mitchem, dated 04/30/2005, recorded 08/09/2005, in Deed Book 270, page 1749. WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 V. FLOYD FRY PATSY FRY Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-424-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK. N.A. IN TRUST FOR THE BENEFIT OF THE EQUITY LOAN TRUST. SERIES OOMC 2005-HE6, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2432 SOUTH MARKET STREET, MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FLOYD FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BRIAN J. BLEASDALE, ESQ. FOR FLOYD & PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 931 CHISLETT STREET PITTSBURGH, PA 15206 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 s bect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.f) G, J- o „ r- DANIEL G. SCHMIEG, Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-424-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is 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 mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ATTORNEY FOR PLAINTIFF DANIEL G. SCHMII Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08424 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., in trust for THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff (s) From FLOYD FRY and PATSY FRY (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 $143.259.87 L.L.$ 0.50 Interest -- $10,965.99 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $172.60 Other Costs Plaintiff Paid Date: 9/03/08 s k? Proth otary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 t - PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIE, ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 CUMBERLAND COUNTY COURT OF COMMON PLEAS Vs. CIVIL DIVISION NO. 08-424-CIVIL TERM FLOYD FRY PATSY FRY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 DANIEL G. SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by serving BRIAN J. BLEASDALE, ESQUIRE, Attorney for the Defendant, FLOYD FRY AND PATSY FRY on SEPTEMBER 8, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. da-7i:5k DANIEL G. SCHM G, ESQ ATTORNEY FOR PLAINTIFF JHIJ DATE: September 15, 2008 W4 r? ?z m O y M a ?Q ?o 0 ig ..s ION ?2 W ? o N A 8"1 ? ?0 f° o ° 0. ?o? o 0 0' N M p p 0 A O O < pq o ? ?. p o A a N 3 U ' g?E c o ? e y n y y. G.^ ? A A CS^ N R [?E pO k ?? W? ??y B ??yy O y b p no O ?. O C yv y o °Ol -'Ial I- IA I WIN y IPN I 1P? O t ? Sr s _? ATNEY BOYVE 02 1M $ 0 0004218010 SI.P 008 i MAILED FROM ZIP CO, .r r Cl) ? A a C ? w r H ? y v m a o A a i a? ? a z c 3 c c•. ? ?O a??r ti W ? a? r 2 K C"3 c C °T3 t7 : Cn C7 r, m i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff VS. FLOYD FRY PATSY FRY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-424-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 18, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered by Court Order dated July 10, 2008. Praecipe for Judgment was filed on September 3, 2008 in the amount of $143,259.87. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit «B" 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $36.81 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $129,486.81 $19,419.58 $1,076.92 $2,575.00 $1,226.50 $0.00 $76.80 $0.00 $0.00 $0.00 ($0.00) $4,721.50 $158,583.11 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 24, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Guido entered an order for summary judgment dated July 10, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. lAirchele'm. tBradforV, Schmieg, LLP DATE: 6-6 By: Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff VS. FLOYD FRY PATSY FRY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-424-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE FLOYD FRY and PATSY FRY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping C, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: e Ainan -& c ieg, LLP By is ele M. Bradford, quire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCH IILG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169370 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendants C o O M .. , Q4 ?3 L _ rv O rn r ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 g- ?? G rv r j -ter ,,, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE e hereby ?FILE w to be ?e a ?? ?? m. Wit Corte File fl: 169370 NOTICE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 169370 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS • File #: 169370 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 169370 ?. Plaintiff is WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 6531 IRVINE CENTER DRIVE MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ALLIANCE MORTGAGE BANKING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1918, Page: 808. By Assignment of Mortgage recorded 01/17/2006 the mortgage was Assigned to OPTION ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book: 724, Page: 611. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 169370 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $129,486.81 Interest $6,778.80 08/01/2007 through 01/15/2008 (Per Diem $40.35) Attorney's Fees $1,250.00 Cumulative Late Charges $472.76 04/30/2005 to 01/15/2008 Cost of Suit and Title Search 0 $550.0 Subtotal $138,538.37 Escrow Credit $0.00 Deficit $4,721.50 Subtotal $4,721.50 TOTAL $143,259.87 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File k: 169370 S. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Pile #: 169370 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $143,259.87, together with interest from 01/15/2008 at the rate of $40.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP X76 ? By: 4LLD S S. HALL AN, ESQUIRE G. S CHMIEG, ESQUIRE "4? MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 169370 LEGAL DESCRIPTION ALL the following described tract of land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. 1 on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of- way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; File #: 169370 THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. Billow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-seven one hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five and ninety- four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy-three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; File #: 169370 THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty- three and sixty-one one hundredths (63.61) feet to an iron pin, the point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. 1 on the aforesaid Subdivision Plan. Parcel ID No. 42-30-2114-015 District: Section: Block: Lot: 2432 SOUTH MARKET STREET, MECHANICSBURG PA Prior instrument reference: DATED 8/25/89, RECORDED 9/1/89, in Book D34 Page 569 of the Recorder of Cumberland County, Pennsylvania. File #: 169370 VERIFICATION I hereby state that I am the' attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of IS Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Flo A ey for Plainti DATE. 1 68 Exhibit "B" .'HELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff ..; S?? ' . "" (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 : CUMBERLAND COUNXY : COURT OF COMMOLEAS o m C") vs• : CIVIL DIVISION "t FLOYD FRY'' PATSY FRY a b8- 4'a`F lit : NO. rt<` C J? rx ??e _ .rsas?' PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against FLOYD FRY AND PATSY FRY, Defendant(s) in accordance with the Court's Order dated 07/10/2008 . Assess Plaintiffs damages against FLOYD FRY AND PATSY FRY as follows: As set forth in the Order 1/15/08 TO 7/10/08 Interest- TOTAL $143,259.87 NOTICE PURSUANT WITH RULE 237.1 IS NOT REQUITED IN ACCORDANCE WITH THE ATTACHED COURT ORDER. `--?? .,k 4G-t"( - 2 D ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 169370 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire September 24, 2008 FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Representing Lenders in Pennsylvania and New Jersey RE: WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 vs. FLOYD FRY and PATSY FRY Premises Address: 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-424-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. For Phelan Hallinan Esquire Schmieg, LLP Enclosure C> 0 Y a? a W o x? U a zzU as 0. 0.8 zdo O .? y U d O y 9y•? ° ggp ? o U ? f - £0l6 L 3aO3diZ WO?1d p371yyy a? 8002 bZ d3S 0L08LZb000 o0Z ZO $ w? Z0 0 0 roe a?Nia ?? C lives, ANN J m ub 0C , U O i 0.8.- ' 0 8 . F r w D •d ??? ? d O70.4? ? o ? T oIL I • w a oo =o e ?D 0- 0 ? N VV .? l0 t0 ?? yea a C o U a N a a ?o Bo t- CdO a ?? w V po U V U ? w ?c o U O W 7 z .> z w a ? z o ? 0 a a i ° ' U rl "'i e a a ? T ? ? 7q S .] N en v kn 1.0 r- 00 0, o - N M - "' 6 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: i c iieg, LLP By: the a M. Bradford, Esquire e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff VS. FLOYD FRY PATSY FRY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-424-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DATE: 6t-01 (?- BRIAN J. BLEASDALE, ESQ. 931 CHISLETT ST. PITTSBURGH, PA 15206 i an hmieg, LLP By: Michele M. Bradfor squire Attorney for Plaintiff ?~? OCT 0 3 ZOOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 08-424-CIVIL TERM vs. FLOYD FRY PATSY FRY Defendants RULE AND NOW, this day of WGIPI 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the of of 2008, at ?0?in? 0 3 Courtroom of the Cumberland County Courthouse, Carlisle, Pe BY T T J. /Y ? o ?o? r 10 :1 d 9-- 100 HE I e , 3 s R k ? ht3?flvid ; ._ d 31a ZJ Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna,fedphe.com FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 BRIAN J. BLEASDALE, ESQ. 931 CHISLETT ST. PITTSBURGH, PA 15206 169370 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff vs. FLOYD FRY PATSY FRY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-424-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of d h was sent to the following individual on the date indicated below. FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DATE: O \ql)A BRIAN J. BLEASDALE, ESQ. 931 CHISLETT ST. PITTSBURGH, PA 15206 allina & Schmieg, LLP By: CAha ichele M. Bradford, Esquire Attorney for Plaintiff ? J U 3 l r t, t ?1 .ay e,sj ^C V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. IN TRUST FOR Court of Common Pleas THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED Civil Division SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 CUMBERLAND County Plaintiff No. 08-424-CIVIL TERM vs. FLOYD FRY PATSY FRY Defendants ORDER AND NOW, this o)? day of d , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $129,486.81 Interest Through December 10, 2008 $19,419.58 Per Diem $36.81 Late Charges $1,076.92 Legal fees $2,575.00 Cost of Suit and Title $1,226.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $76.80 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,721.50 TOTAL $158,583.11 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission figure. J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?michele.bradford@fedphe.com ? FLOYD FRY PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 TEL: 717-790-9591 ZBRIAN J. BLEASDALE, ESQ. 931 CHISLETT ST. PITTSBURGH, PA 15206 (2r.o,l , tv mwt tcrb /O/.?dIUS included in the above 169370 r-s =? w T WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 VS. FLOYD FRY PATSY FRY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-424-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005- HE6 hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 10, 2008 Attorney for Plaintiff r 0 a ? a ANI o on S cn "o cd ?4 -0 Uw•? y O a O `O a 4-4 b zoo E 4L 3 a= 003diz woa_j o311dw s 0 L08 LZb000 m ° T ? U ^ Wl ZO o?Z ZO g ? C S?)A AiNlld ®,?®? iZ _ m ? vOi pp? cw?Ll Nj? ol, 6 S ? G M_ v s? C U yT? ? E ? 9 a ? j E g wCIO-, V] Q aBE ^ b W etl U p V ? o??co e? W O ' o o aci p! ? ? ? ._ w cn Q Q c -' A G P a a ` Lra > P. E" + pA oo E . z w° o '0 w oi o o? o ' ? W3 ¢ x Q ? V 0 '9 z o U ~ N O 9w BCD Goq ¢ U W P O L ? a d U z?z O A a?i a°w o o a w N ? 30 p O a`n ?N o o ?C'4 3 U co ?`? a?i a O 000 u on 'IT 00 a' p o O p iC oa ? O W o,? ?? ? aai O p z> z A U d z d cv Q C T C1 ? N M DD O, O .Nr .M.. "T W? . '? .-1 H a o s A oO dIZ woa4 arrow goo dI 3s o cos ? too ?r C a ? a W o `n ?? moo M z? a> 0 a O ?D a a ? 8•a?' zoo 3 9 u a w w ?" H p v? w ? a Q a ti Q z O ~ W k• U v? z ? GO ? a V E z d Q a I I N I MI ?I ?I ?I ?I w U 1? T ?cUi •? ag ? ? ?O G w g •? y 7 U Yi 6 ? W .5 'd ° o ti 4 ? ? e+ H 3 ai ,0 5 w ti '7 yy y O y? C U C p 0 >0 d O 7 U w b U ? O .= U U T C C ?. O 20 0..O d W VO C W O q O 9 'd C O N ^' 0\ UU ? M y C O^ O ? n OD C _S ?i o Iz- M O B W W w U W O Gt, ? p ?A b O z; GL F ? C h ? T as ? ? ? ?? ?: ?-, C.y? ? N M4 ??j?J-] N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO BANK N A TR is the grantee the same having been sold to said grantee on the 1 ST day of APRIL A.D., 2009, under and by virtue of a writ Execution issued on the 3RD day of SEPT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 424, at the suit of WELLS FARGO BANK N A TR against FLOYD FRY & PATSY is duly recorded as Instrument Number 200913363. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. of Deeds W CIYO" E*" to Fh* MW48y a Jan. 2010 Wells Fargo Bank, N.A., in Trust for the Benefit In the Court of Common Pleas of of the Certificateholders of Asset Backed Cumberland County Pennsylvania Securities Corporation Home Equity Loan Trust Writ No. 2008-424 Civil Term Series OOMC 2005-HE6 VS Floyd Fry and Patsy Fry Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2008 at 1140 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: Floyd Fry and Patsy Fry, by making known unto Floyd Fry personally and husband of Patsy Fry, at 22 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2008 at 2032 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 Floyd Fry and Patsy Fry, located at 2432 South Market Street, 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: Floyd Fry and Patsy Fry, by regular mail to their last known address of 22 Gettysburg Pike, Mechanicsburg, PA 17055. These letters were mailed under the date of October 21, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 1, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 70,000.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A., in Trust for the Benefit of the Certificateholders of Asset Backed Securities Corporation Home Equity Loan Trust Series OOMC 2005-HE6. It being the highest bid and best price received for the same, of, of Wells Fargo Bank, N.A., in Trust for the Benefit of the Certificateholders of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6, of, 6531 Irvine Center Drive, Irvine, CA 92618, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 8,500.00. Sheriff s Costs: Docketing $30.00 Poundage 140.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 r ? Prothonotary Mileage Levy Surcharge Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed So Answers: 2.00 33.00 15.00 30.00 40.00 725.00 630.50 14.92 25.00 49.50 $17823.42 R. Thomas Kline, eri BY Real ate Coordinator (-`0 ate' AO-A- ', ? Co4 ck 49z-;o &, -?.?qj6 Fr L _ OF THE M9 APR 23 k"I i SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TC : Sheriff of Cumberland County RF : Sheriffs Sale No. 78 held April 1, 2009 EFFECTIVE DATE: April 1, 2009 PREMISES: 2432 South Market Street, Upper Allen Township, Cumberland County, Pennsylvania, Tax Parcel No. 42-30-2114-015 (the "Premises") RECITAL: Being the same premises which Patsy Lee Mitchem, by her Deed dated April 30, 2005 and recorded August 9, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 270, Page 1749, granted and conveyed unto Patsy Fry and Floyd Fry. The Premises identified above and as more fully described in the legal description att,,.ched hereto and incorporated by reference herein as "Exhibit A" is subject to the below items anc exceptions. All recording and docket locations identified are in the Office of the Recorder of Do-.ds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. ?r •r 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to the spousal rights, if any, of any spouse of Patsy Lee Mitchem, any spouse of Patsy Fry and any spouse of Floyd Fry. 21. Mortgage in the amount of $131,750.00 from Patsy Fry and Floyd Fry to Alliance Mortgage Banking Corp. dated April 30, 2005 and recorded August 9, 2005 in Mortgage Book 1918, Page 808, last assigned March 28, 2008 in Instrument No. 200809523 to Securities Corp. Home Equity Loan Trust. -2- It 22. Judgment against Floyd Fry and Patsy Fry in favor of Wells Fargo Bank, NA in the amount of $143,259.87 plus interest from January 15, 2008 at a rate of $40.35 per diem and other costs and charges entered July 14, 2008 to No. 2008-424 as amended October 29, 2008 to the amount of $158,583.11 against Floyd Fry and Patsy Fry with respect to the Mortgage identified as item 21, above. 23. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Norman E. Spahr recorded in Plan Book 34, Page 55. 24. Subject to the easements noted in Deed Book "D", Volume 34, Page 569. 25. Subject to the Easement Agreement recorded in Miscellaneous Book 721, Page 4999. 26. Subject to the easement for a water line in Instrument No. 200901750. 27. Subject to the rights granted Bell or Bell of Pennsylvania in Miscellaneous Book 218, Page 703. 28. Subject to the reservation of oil, gas and minerals on the subject Premises, if any, as noted in the Deed recorded in Deed Book 270, Page 1749. 29. Subject to the legal or equitable rights of others in and to the subject Premises by virtue of the quit claim deed given by Patsy Lee Mitchem to Patsy Fry and Floyd Fry, recorded in Deed Book 270, Page 1749. 30. Subject to the rights of others in and to the portion of the Premises lying within or adjoining State Highway 114, also known as L. R. 416. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- 10-- . 14W REAL ESTATE SALE NO. 78 Writ No. 2008-424 Civil Wells Fargo Bank, N.A. in Trust for the Benefit of the Certificateholders of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 vs. Floyd Fry and Patsy Fry Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL the following described tract of land, together with the improve- ments thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. 1 on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates, Inc., prepared October 11, 1978 and recorded in Cumber- land County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 afore- said, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty-nine (59) minutes thirty- four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 afore- said and lands now or formerly of J. Billow; THENCE along lands now or for- merly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a dis- tance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degree twenty minutes thirty-seven (37) seconds East a dis- tance of one hundred forty-six and forty-seven one hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty- nine (59) minutes twenty-six (26) seconds East a distance of eighty- five and'ninety-four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy-three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hun- dred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of- way along the Western edge of State Highway Route 114, also known as L.R. 416; THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty-three and sixty-one one hun- dredths (63.61) feet an iron pin, the ,point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. 1 on the aforesaid Subdivision Plan. 2432 SOUTH MARKET STREET, MECHANICSBURG PA. PARCEL IDENTIFICATION NO: 42-30-2114-015, CONTROL #: 42004321. TITLE TO SAID PREMISES IS VESTED IN Patsy Fry and Floyd Fry, by Deed from Patsy Lee Mitchem dated 04/30/2005, recorded 08/09/2005, in Deed Book 270, page 1749. EXHKBTT A WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF 'ASSET BACKED SECURITIES CORPORATION' HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HEC Plaintiff, V. FLOYD FRY PATSY FRY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08424-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FLOYD FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Arne and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BRIAN J. BLEASDALE, ESQ. FOR FLOYD & PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 931 CHISLETT STREET PITTSBURGH, PA 15206 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 tthh penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoritiesn /l ® 1 DANIEL G. SCHMIEG, Attorney for Plaintiff WELLS FARGO BANK, N.A. IN TRUST FOR THE BENNFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff, V. CUMBERLAND COUNTY No. 08-424-CIVIL TERM FLOYD FRY PATSY FRY Defendant(s). TO: FLOYD FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 PATSY FRY 2432 SOUTH MARKET STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY. ** Your house (real estate) at 2432 SOUTH MARKET STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $143,259.87obtained by WELLS FARGO BANK, N.A. IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST SERIES OOMC 2005-HE6 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. c t You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-424 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW t ,,TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., in trust for THE BENEFIT OF THE CERTIFICATEHOLDERS OF ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES OOMC 2005-HE6 Plaintiff (s) From FLOYD FRY and PATSY FRY (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 $143.259.87 L.L.$ 0.50 Interest -- $10,965.99 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $172.60 Other Costs Plaintiff Paid Date: 9/03/08 5 Pro notary (Seal) By: L. 16 A? Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #78 On September 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland Coupty, PA Known and numbered as 2432 S. Market St., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2008 By: Real Esull Sergeant 40.0 Legal Description 11 ALL the following described tract of-land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No.,l on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Bodk 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast corner of Lot No. 3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty-one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty-two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty- nine (59) minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. Billow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of one hundred twenty and no one hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty-seven one hundredths (146.47) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six (26) seconds East a distance of eighty-five and ninety-four one hundredths (85.94) feet to an iron pin; THENCE continuing along lands now or formerly of Wilbert D. Weir, North seventy- three (73) degrees fifteen (15) minutes thirty-four (34) seconds East a distance of one hundred fifty-three and ninety-six one hundredths (153.96) feet to an iron pin at the dedicated right-of-way line of a forty (40) foot wide right-of-way along the Western edge of State Highway Route 114, also known as L.R. 416; THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance of sixty-three and sixty-one one hundredths (63.61) feet to an iron pin, the point and place of BEGINNING. Containing 1.101 acres more or less and known as Lot No. I on the aforesaid Subdivision Plan. 2432 SOUTH MARKET STREET, MECHANICSBURG PA PARCEL IDENTIFICATION NO: 42-30-2114-015, CONTROL #: 42004321 TITLE TO SAID PREMISES IS VESTED IN Patsy Fry and Floyd Fry, by Deed from Patsy Lee Mitchem, dated 04/30/2005, recorded 08/09/2005, in Deed Book 270, page 1749. 1 -he Patriot-News Co. 312 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Z4ePatriot-News Now 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 continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11105/08 r Sworn to and-subscribed before me this.25 day of November, 2008 A.D. F Notary Public -?LQM-Mu2 ??' .. rlt 2 ELNNSYANIA - N')anal 5Qal w der !. ., -, Notary public tidy t"=F yams r , 08upbin County _ MY CornrnL?,s+ov V'r Nov. 26, 2011 AkrittTEt ?P.n?svfva ;:? tSq; -[ >cL.Uar! nt iVotariec Real Estate Sale No. 78 Writ No. 2006-424 CMI Term Wells Fargo dank, N.A. In Trust For the Benefit of the Certfficateholders of Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6 VS Floyd Fry and Patsy Fry Attorney Daniel Schmleg LEGAL DESCRIPTION ALL the following described tract of land, together with the improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania and being Lot No. 1 on the Subdivision Plan for Norman E. Spahr, by Gerrit J. Betz Associates Inc., prepared October 11, 1978 and recorded in Cumberland County Records, Plan Book 34 Page 55, bounded and described as follows: BEGINNING at an iron pin on the dedicated right-of-way fine of a forty (40) foot wide right- of-way along the Western edge of State Highway 114, also known as L.R. 416, which iron pin is one hundred forty-two and eight one hundredths (142.08) feet from the Southeast comer of Lot No.3 on the aforesaid Subdivision Plan and lands now or formerly of Richard A. Blumenstein; THENCE South sixty-nine (69) degrees fifty- one minutes nineteen (19) seconds West a distance of two hundred sixty-three and sixty- two one hundredths (263.62) feet to an iron pin at Lot No. 2 on the aforesaid Subdivision Plan; THENCE along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty- six {26) seconds West a distance of one hundred nine and twenty-five one hundredths (109.25) feet to an iron pin; THENCE continuing along lot No. 2 aforesaid, North seventy-five (75) degrees fifty-nine (59) minutes thirty-four (34) seconds East a distance of thirty and no one hundredths (30.00) feet to an iron pin; THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 aforesaid and lands now or formerly of J. Rillow; THENCE along lands now or formerly of J. Billow, North seventy-five (75) degrees frfty- nine (59) minutes tbidy-fow (34) seconds East a one distance of one hundred twenty hundredths (120.00) feet to an iron pin at lands now or formerly of J. Billow and lands now or formerly of Wilbert D. Weir; THENCE along lands now or formerly of Wilbert D. Weir, South eighteen (18) degrees twenty minutes thirty-seven (37) seconds East a distance of one hundred forty-six and forty- seven one hundredths (146.47) feet to an iron pm; . THENCE continuing along lands now or formerly of Wilbert D. Weir South thirty-one (31) degrees fifty-nine (59) minutes twenty-six and (26) seconds East a distance of eighty-fie ninety-four one hundredths (85.94) ft to an `iron pin; time 1OI& Eew Of M pJdt, ldelt6 ae+mh I fatmafiystfW? ' (73) degtaos fiRxa t15) > foot (34) .=& bat 00 three and n neety_sda hundredths 53.96) feet to an iron pm at the dedicated fight-°f-way line of a forty (40) foot wide right-of-way along the Westin edge of State Highway Route 114, also known as L.R. 416; THENCE along the dedicated right-of-way of a forty (40) foot wide right-of-way aforesaid, South three (03) degrees thirty-eight (38) minutes fifty-six'(56) seconds West a distance of sixty-thtte and sixty one o, hundredths 3.61) feet to an iron on, the point and place BEGINNING 1 Containing 01 acres more or less and ]mown as Lot No. I on the aforesaid SubdivisiSTREET' 2432 SOUTH MARKET MECHANICSBURG PA PARCEL IDIIy MCATION NO: 42-30-2114- 015, CONTROL #: 4200432 IS VESTED IN 'TITLE TO SAID PREIRb from patsy Patsy Fry and Floyd Fry, by Deed recorded 081 Lee Mitchem, dated 0413012005, 0912005, in Deed Book 270, page 1749. 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. Editor SWORN" TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Nofary Public CARLISLE BORO, CUMBERLAND COUNTY My Comm(sston Exp(res Apr 28, 2010 THENCE continuing along Lot No. 2 aforesaid, North fourteen (14) degrees zero (00) minutes twenty-six (26) seconds West a distance of two hundred and no one hundredths (200.00) feet to an iron pin at the Northeast corner of Lot No. 2 afore- said and lands now or formerly of J. Billow; THENCE along lands now or for- R WL merly of J. Billow, North seventy-five . To (75) degrees fifty-nine (59) minutes Writ No. 2008-424 Civil Wells Fargo Bank N thirty-four (34) seconds East a dis- tance of one hundred twenty and no h f d d h , .A. in Trust for the Benefit of th one un re t s (120.00) eet to an e Certificateholders of Asset Backed Securiti iron pin at lands now or formerly of J. Billow and lands now or formerly es corporation Home Equity Loan Trust, Series OOMC 2005 of Wilbert D. Weir; THENCE along lands now or -HE6 vs. formerly of Wilbert D. Weir, South Floyd Fry and Patsy Fry eighteen (18) degree twenty minutes Att Y.; Daniel Sch i thirty-seven (37) seconds East a dis- m eg LEGAL DESCRIPT tance of one hundred forty-six and 47 146 f h d d h ION ALL the followi ) orty-seven one un re t s ( . ng described tract of land, together with the feet to an iron pin; l i i l d T C improve- ments thereon erected, situate in Upper Allen T s E cont ong an HEN nu ng a now or formerly of Wilbert D. Weir ownship, Cumberland County, Pennsylvania South thirty-one (31) degrees fifty- i 26 i and being Lot No. 1 on the Subdi i x ( nutes twenty-s ) nine (59) m v sion Plan for Norman E_ Spahr by Gerrit J. Betz Associat seconds East a distance of eighty- five and ninety-four one hundredths es, Inc. 11, 1978 'prepare d October and (85.94) feet to an iron pin; recorded in Cumber- land County Re THENCE continuing along lands cords, Plan Book 34 Page 55, bounded and d now or formerly of Wilbert D. Weir, escribed as,. follows: North seventy-three (73) degrees BEGINNING at fifteen (15) minutes thirty-four (34) dedicated rian iron pin on the li llt-of--wa seconds East a distance of one hun- y ne of a forty (40) foot wide died fifty-three and ninety-six one Western edge ate y Ong the Hi h l hundredths (153.96) feet to an iron g a way 114, so known as L.R. 416 i i pin at the dedicated right-of-way p n iron s one hundred fort line of a forty (40) foot wide right-of- y-two eight one Y two and' hundredths (142 f way along the Western edge of State ; .08) feet rom the Southeast 3 on th corner of Lot No afo Highway Route 114, also known as L.R. . 416; . resaid Subdivision Plan and and lands now or fo rnierl and THENCE along the dedicated A. y of Richard l nstein; right-of-way of a forty (40) foot wide THENCE South right-of-way aforesaid, South three sixt degrees fift one Y-nine (69) minutes ninete (19) seconds W (03) degrees thirty-eight (38) minutes fifty-six (56) seconds West a distance distance est a of two ` hundred sixty-three t and si o of sixty-three and sixty-one one hun- x y-two ne hundred the (263.62) feet t dredths (63.61) feet an iron pin, the o an . 2 on the afore Su 'Vi Pl point and place of BEGINNING. Containing 1.101 acres more or an THENCE along Lot No 2 less and known as Lot No. 1 on the afore- said, North fourteen (00) minu (14) degrees pro aforesaid Subdivision Plan. 2432 SOUTH MARKET STREET, West a distance of e h(26) se de ' n MECHANICSBURG PA. n in and twenty-five one hundredths (109.25) feet t O PARCEL 0NTI CONTROL #: 42 o an iron pin; THENCE continuin 2 aforesaid 8 among lot No. North sevent -fi d 42004321. TITLE TO SAID PREMISES IS y ve (75) egrees fifty-nine (59) minutes thirty_ four (34) sec VESTED IN Patsy Fry and Floyd Fry, by Deed from Patsy Lee Mitchem dated onds East a distance of thirty and no one hundredths (30 fee t to 00) 04/30/2005, recorded 08/09/2005, e 1749 Deed Book 270 a i . an on pin; . , p g n