HomeMy WebLinkAbout08-1451GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
WELLS FARGO BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
VS.
PENELOPE A. ZAYAS
Mortgagor and Real Owner
271 Newville Road
Shippensburg, PA 17257
OIN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No.
Defendant
CIVIL ACTION: MORTGAGE
rr)PECLOSURE
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 the 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 claim in the Complaint
of 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 OR CANNOT AFFORD ONE, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still maybe able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-
243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Call the Plaintiff (your lender) at 800-648-9605 and ask to speak to someone about Loss Mitigation
or Home Retention options.
5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretention(&goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 63426FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-OP 1, 6501 Irvine Center Drive, Irvine, CA 92618.
2. The names and addresses of the Defendant is PENELOPE A. ZAYAS, 271 Newville Road,
Shippensburg, PA 17257, who is the mortgagor and real owner of the mortgaged premises hereinafter
described.
On September 13, 2004 mortgagors made, executed and delivered a mortgage upon the Property
hereinafter described to OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA
CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland
County as Book 1881, Page 1017. The mortgage has been assigned to: WELLS FARGO BANK,
NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES
LLC 2005-OP1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP1 by assignment
of Mortgage . Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage
obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will
be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage
and assignment(s) are matters of public record and are incorporated by this reference in accordance with
Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to
attach documents to pleadings if those documents are matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property").
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for November 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ..................................................................................$170,140.79
Interest from 10/01/2007 through 02/29/2008 at 10.6250% .....................$7,528.56
Per Diem interest rate at $49.53
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$8,507.04
Late Charges from 11/01/2007 to 02/29/2008 .............................................$759.76
Monthly late charge amount at $95.90
Costs of suit and Title Search ......................................................................$900.00
Suspense .................................................................................................. -$1,126.42
NSF Charges ................................................................................. .$20.00
$186,729.73
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees 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 is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the
Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding,
this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that
was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to
Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $186,729.73,
together with interest at the rate of $49.53, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property.
By: 4
GOLDB CK McCAFFE TY & McKEEVER
BY: MICHAEL T. MCKEE}01- R, ESQUIRE
ATTORNEY FOR PLAINTI
VERIFICATION
Michael T. McKeever, Esquire, hereby states that he is
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 he is authorized to make this verification pursuant to
Pa.R.C.P 1024(c) and that the statements made in the foregoing
pleading in the Civil Action in Mortgage Foreclosure are based
upon the information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief.
Furthermore, it is the undersigned's intention to substitute a
verification from Plaintiff as soon as it is received by counsel.
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: A 1?,q U?
M( C
Michael T. McKeever, Esquire
PA I.D. #56129
#0014253702 - PENELOPE A. ZAYAS
Sep 10 04 11:35a V Ott 717-485-9443 p.9
LEGAL DESCRIPTION
Ali that certain lot, parcel, or piece of ground, with the improvements thereon erected,
situate in Southampton Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
Beginning at a set spike in the center of Pennsylvania Route 533 (Newvifie Road);
thence by the latter, North 440 7'30" East 178.45 feet to an existing spike in the center
of said roadway; theme by lands now or formerly of Herman Hottry and Grover Henry,
South 60° 54'45" East 406.95 feet to an existing iron pin at post; thence by lands now
or formerly of Grover Henry, South 370 28' 26" West 285.96 feet to a set iron pin;
thence by Lot No. 1-A on the hereinafter referred to Plan, North 450 52' 30" West
426.14 feet to a set spike in the center of Pennsylvania Route 533, the place of
beginning.
BEING a part of the original subdivision of land prepared for M. Bricker Pugh and Jane
A. Pugh, his wife, by Wftm A. Brindle Associates dated August 26, 1977 and recorded
in Plan Book 32 at Page 75.
BEING the same property conveyed unto Penelope A. Pugh by deed from Penelope A.
Pugh and Carlos Zayas, husband and wife, dated May 13, 2001 and recorded at Deed
Book Volume 246, Page 549.
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
hearina can call (717) 780-1869.
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a
lawyer.
LA NOTIFICACION EN 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.
L."U'l.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you
most with the Counselina Agency.
November 05, 2007
Penelope A Zayas
271 Newville Rd
Shippensburg PA 17257
Homeowners Name: Penelope A Zayas
Property Address: 271 Newville Rd, Shippensburg PA 17257
Loan Account No.: 0014253702
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
02793 (Page 1 of 9)
z
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 R30
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 R30
' i
Re: Loan No. 0014253702
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:
271 Newville Rd, Shippensburg PA 17257
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(a) Monthly payments: 2 MONTHS @ $ 1,567.35
1 MONTHS @ $ 1,598.35
(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
$ 4733.05
$ 376.16
$ .00
$ 0.00
$ 5109.21
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable) :
02795 (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 $5109.21, 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
9600 Touchton Rd E Pay to: Option One Mortgage Corporation
Bldg 200 Ste 102 Code City: OptionJax, F1
Jacksonville, FL 32296
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)
02795 022 R30
it
??' .41
Re: Loan No. 0014253702
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 R30
Re: Loan No. 0014253702
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 e xt. 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 R30
ra
O
y
tell
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01451 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK
VS
ZAYAS PENELOPE A
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
,... ,, „ -1- --- T the
DEFENDANT , at 1150:00 HOURS, on the 11th day of March 2008
at 271 NEWVILLE ROAD
SHIPPENSBURG, PA 17257 by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 15.36
Affidavit .00
Surcharge 10.00
3?IgIOg 00
4Y' 3.36
Sworn and Subscibed to
before me this day
of
So Answers:
sue`''
R. Thomas Kline
03/13/2008
GOLDBECK MCCAFFERTY MCKEEVER
By: Deputy Sheriff
A. D.
GOLDBECK McCAFFERTY & McKEEVER
Professional Corporation
By: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-823-6303
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2005-OP I
6501 Irvine Center Drive
Irvine, CA 92618
vs.
PENELOPE A. ZAYAS
Mortgagor(s) and Record Owner(s)
271 Newville Road
Shippensburg, PA 17257
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
Term
No. 08-1451
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification to Plaintiff's Complaint filed on March 04,
2008 in the above captioned matter.
GOLDBECK McCAFFERTY & McKEEVER
BY:\ \. Jea
Michael T. McKeever
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
Professional Corporation
By: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-823-6303
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP 1 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2005-OP I
6501 Irvine Center Drive
Irvine, CA 92618
VS.
PENELOPE A. ZAYAS
Mortgagor(s) and Record Owner(s)
271 Newville Road
Shippensburg, PA 17257
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
Term
No. 08-1451
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification to
Plaintiff's Complaint was served on Defendant(s) via first class mail on March 28, 2008 as
follows:
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
GOLDBECK McCAFFERTY & McKEEVER
?? (X 1Q ?,?? ??PJ?9
Michael T. McKeever
Attorney for Plaintiff
c e
VERIFICATION
T:?n-''o 'Love , as an officer of Option One Mortgage Corporation
as Attorney in Fact within named do hereby verify that I am authorized to and do make this
verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint
are true and correct to the best of my knowledge, information and belief. I understand that false
statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
Date: 1/ 3 Iv t
L
OPTION ONE MOkTGAGE CORPORATION
Tc poko Love Assistant Secretary
0014253702 PENELOPE A. ZAYAS
_- Fyn ~?
?? `r
u?d? ` t..
`?
?,?
In the Court of Common Pleas of Cumberland County
WELLS FARGO BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP 1 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
VS.
PENELOPE A. ZAYAS
(Mortgagor(s) and Record Owner(s))
271 Newville Road
Shippensburg, PA 17257
Defendant(s)
PRAECIPE FOR JUDGMENT
No. 08-1451
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against PENELOPE A. ZAYAS by default for want of an Answer.
Assess damages as follows:
Debt
interest from 04/15/2008 to Date of Sale
Total
(Assessment of Damages attached)
$189,150.38
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIEER\AMO TS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FR THE bMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to e arty ainst whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and at least reen bays p ilpr to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 /
Michael T. D
Attorney for
I.D. #56129
AND NOW Anri I h S aoog , Jbgment is entered in favor of
WELLS FARGO BANK, NA'l IONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP 1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP 1 and against
PENELOPE A. ZAYAS by default for want of an Answer and damages assessed in the sum of $189,150.38 as per the above
certification.
Prothonotary J '??/
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff
corporation within named do hereby verify that I am authorized
to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of
Non-Military Service are true and correct to the best of my
knowledge, information and belief. I understand that false
statements therein are made subject to penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, PENELOPE A. ZAYAS, is
about unknown years of age, that Defendant's last known
residence is 271 Newville Road, Shippensburg, PA 17257, and is
engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service
of the United States or
provisions of the Soldier
Congress of 1940 and its A
Date:
e
f
63426FC
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: April 1, 2008
TO:
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
WELLS FARGO BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
VS.
PENELOPE A. ZAYAS
(Mortgagor(s) and Record Owner(s))
271 Newville Road
Shippensburg, PA 17257
Defendant(s)
TO: PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 08-1451
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
Michael T. McKeever
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL ASSOCIATION
AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-OP 1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
VS.
PENELOPE A. ZAYAS
(Mortgagor(s) and Record owner(s))
271 Newville Road
Shippensburg, PA 17257
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
Defendant(s)
No. 08-1451
ORDER FOR JUDGMENT
Please enter Judgment in favor of WELLS FARGO BANK, NATIONAL ASS CIATION AS
TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP1 RT GE PASS-
THROUGH CERTIFICATES, SERIES 2005-OP I, and against PENELOPE A. ZA A 4 for f ure to file an
Answer in the above action within (20) days (or sixty (60) days if defendant is the U ite Stat of America) from
the date of service of the Complaint, in the sum of $189,150.38.
Michael T. McKeever
Attorney for Plaintiff
I hereby certify that the above names are correct and that the precise resi
ee
r
d
dress f the judgment
creditor is WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTE FO SEC ITIZED ASSET
J
BACKED RECEIVABLES LLC 2005-OPI MORTGAGE PASS-THROUGH C T ICAT S, SERIES 2005-
OP 1 6501 Irvine Center Drive Irvine, CA 92618 and that the name(s) and last knn ddress s) of the
Defendant(s) is/are PENELOPE A. ZAYAS, 271 Newville Road Shippensburg, 1 257;
GOLDBECK MCCAFFER Y &
BY: Michael T. McKeever
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance
Interest from 10/01/2007 through
04/14/2008
Reasonable Attorney's Fee
Late Charges
Costs of Suit and Title Search
Escrow Payments Due 2 X $0.00
Suspense
NSF Charges
$170,140.79
$9,757.41
$8,507.04
$951.56
$900.00
$0.00
-$1,126.42
$20.00
$189,150.38
GOLDBECK McCAFFER
BY: Michael T. McKeever
Attorney for Plaintiff
AND NOW, this 154L day of J?U"i I , 2008 damages are assessed as above.
Pro P thy
Goldbeck McCafferty & McKeever
BY: Michael T. McKeever
Atto ney I.D. #56129
Suit45006'%Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR SECURITIZED
ASSET BACKED RECEIVABLES LLC 2005-OPI
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
PENELOPE A. ZAYAS
(Mortgagor(s) and Record Owner(s))
271 Newville Road
Shippensburg, PA 17257
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Defendant(s)
No. 08-1451
AFFIDAVIT PURSUANT TO RULE 3129
WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP I MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP I, Plaintiff in the
above action, by its attorney, Michael T. McKeever, 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:
271 Newville Road
Shippensburg, PA 17257
1.Name and address of Owner(s) or Reputed Owner(s):
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
4. Name and address of the last recorded holder of every mortgage of record:
I •?%
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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,
TENANTS/OCCUPANTS
271 Newville Road
Shippensburg, PA 17257
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the es of in ersonal knowledge or
information and belief. I understand that false statements herein are made subject t the enal s of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: April 14, 2008
GOLDBECK McCAF ERTY McKEEVER
BY: Michael T. McK ever, Es .
Attorney for Plaintiff
Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
PENELOPE A. ZAYAS
Mortgagor(s) and Record Owner(s)
271 Newville Road
Shippensburg, PA 17257
Defendant(s)
IN THE COURT OF
COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF
MORTGAGE FORECLOSURE
NO. 08-1451
I, Michael T. McKeever, Esquire hereby certify that I am the attorney
I further certify that this property is subject to Act 91 of 1983 and the Plaintiff
Act.
he Plaintiff in this action, and
with all the provisions of the
Michael T. A
Attorney for
C`_l rv
? * ? ? a-- ? -mot
0
W
'
'
(' t .. a .f
f
1
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
No. 08-1451
PENELOPE A. ZAYAS
(Mortgagors and Record Owner(s))
271 Newville Road
Shippensburg, PA 17257
Defendant(s)
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE
PURPOSE OF COLLECTING THE DEBT.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
Curt Long
Prothono
By:
If you have any questions concerning the above, please contact: 4/15/02
Michael T. McKeever
Goldbeck McCafferty & McKeever
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL ASSOCIATION
AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP 1 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-OP 1
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
PENELOPE A. ZAYAS
Mortgagor(s) and Record Owner(s)
271 Newville Road
Shippensburg,PA 17257
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 08-1451
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
Interest from
04/15/2008 to Date of
Sale at 10.6250%
$189,150.38
(Costs to be added)
GOLDBECK MCCAF ERTY &
BY: Michael T. McK ver
Attorney for Plaintiff
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08-1451
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6318
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
SECURITIZED ASSET BACKED RECEIVABLES
LLC 2005-OP1 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-OP I
6501 Irvine Center Drive
Irvine, CA 92618
Plaintiff
vs.
PENELOPE A. ZAYAS
Mortgagor(s) and Record Owner(s)
271 Newville Road
Shippensburg, PA 17257
Defendant(s;
Term
No. 08-1451
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: ZAYAS, PENELOPE A.
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
Your house at 271 Newville Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs
Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse
to enforce the court judgment of $189,150.38 obtained by WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP1
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP I against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
To prevent this Sheriffs Sale you must take immediate action:
F
4
08-1451
L The sale will be cancelled if you pay to WELLS FARGO BANK, NATIONAL ASSOCIATION
AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP I MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-OP 1, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-
866-413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390.
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 the Sheriff of 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 a 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 thirty (30) days from the
date of the Sheriffs 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 schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
f
08-1451
08-1451
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
http://www.phfa.org/consumers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) at 800-648-9605 and ask to speak to someone
about Loss Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of 63426FC.
Para informacion en espanol puede communicarse con Loretta a1215-825-6344.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1451 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Trustee for SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP1 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-OP1, Plaintiff (s)
From PENELOPE A. ZAYAS
(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 $189,150.38 L.L.$ 0.50
Interest from 4/15/08 to Date of Sale at 10.6250%
Atty's Comm % Due Prothy $2.00
Atty Paid $162.36 Other Costs
Plaintiff Paid
Date: 4/15/08
Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: MICHAEL T. MCKEEVER, ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000-MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 56129
Wells Fargo Bank, NA
VS
Penelope A. Zayas
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-1451 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Michael McKeever.
Sheriff s Costs:
Docketing
Poundage
Levy
Mileage
Law Library
Prothonotary
Surcharge
30.00
1.71
15.00
18.00
.50
2.00
20.00
$ 87.21 ? ???? ??
So Answers:
-2 ?
R. Thomas Kline, Sheriff
j
BY tit CcU-
Real Estate rgeant
').O'OC
b-
vz G ys s.?
pt,, 2 jaIyfr
i
Goldbeck McCafferty & McKeever
BY: Michael T. McKeever
Atto-ney I.D. #56129
Suite'5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR SECURITIZED
ASSET BACKED RECEIVABLES LLC 2005-OP1
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-OP1
6501 Irvine Center Drive
Irvine, CA 92618
vs.
PENELOPE A. ZAYAS
(Mortgagor(s) and Record Owner(s))
271 Newville Road
Shippensburg, PA 17257
No. 08-1451
Plaintiff
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED
RECEIVABLES LLC 2005-OP1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP1, Plaintiff in the
above action, by its attorney, Michael T. McKeever, 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:
271 Newville Road
Shippensburg, PA 17257
1.Name and address of Owner(s) or Reputed Owner(s):
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
271 Newville Road
Shippensburg, PA 17257
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the es of m ersonal knowledge or
information and belief. I understand that false statements herein are made subject t the enal s of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: April 14, 2008
t
GOLDBECKA
BY: Michael T
Attorney for PI
TY K'McKEEVER
08-1451
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6318
Attorney for Plaintiff
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
SECURITIZED ASSET BACKED RECEIVABLES
LLC 2005-OP1 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-OP I
6501 Irvine Center Drive
Irvine, CA 92618
vs.
PENELOPE A. ZAYAS
Mortgagor(s) and Record Owner(s)
271 Newville Road
Shippensburg, PA 17257
Plaintiff
Defendant(s)
Term
No. 08-1451
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: ZAYAS, PENELOPE A.
PENELOPE A. ZAYAS
271 Newville Road
Shippensburg, PA 17257
Your house at 271 Newville Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs
Sale on Wednesday, September 03, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse
to enforce the court judgment of $189,150.38 obtained by WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP 1
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP1 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
To prevent this Sheriffs Sale you must take immediate action:
08-1451
1. The sale will be cancelled if you pay to WELLS FARGO BANK, NATIONAL ASSOCIATION
AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP 1 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-OP 1, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-
866-413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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
4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390.
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 the Sheriff of 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 a 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 thirty (30) days from the
date of the Sheriffs 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 schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 1',013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
08-1451
08-1451
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
hLtp://www.phfa.org/cons-umers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) at 800-648-9605 and ask to speak to someone
about Loss Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of 6342617C.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
All that certain lot, parcel, or piece of ground, with the improvements thereon erected,
situate in Southampton Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
Beginning at a set spike in the center of Pennsylvania Route 533 (Newville Road); thence
by the latter, North 44 degrees 7 minutes 30 seconds East 178.45 feet to an existing spike
in the center of said roadway; thence by lands now or formerly of Herman Holtry and
Grover Henry, South 60 degrees 54 minutes 45 seconds East 406.95 feet to an existing
iron pin at post; thence by lands now or formerly of Grover Henry, South 37 degrees 28
minutes 26 seconds West 285.96 feet to a set iron pin; thence by Lot No. 1-A on the
hereinafter referred to Plan, North 45 degrees 52 minutes 30 seconds West 426.14 feet to
a set spike in the center of Pennsylvania Route 533, the place of beginning.
BEING KNOWN AS 271 NEWVILLE ROAD, SHIPPENSBURG PA 17257
TAX PARCEL NO: 39-11-0308-011D
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1451 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Trustee for SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-OP1 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-OP1, Plaintiff (s)
From PENELOPE A. ZAYAS
(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 $189,150.38 L.L.$ 0.50
Interest from 4/15/08 to Date of Sale at 10.6250%
Atty's Comm % Due Prothy $2.00
Atty Paid $162.36 Other Costs
Plaintiff Paid
Date: 4/15/08
Prothonotary
(Seal) By:
REQUESTING PARTY:
Name: MICHAEL T. MCKEEVER, ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000-MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Deputy
Supreme Court ID No. 56129
Real Estate Sale # 15
On May 2, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Southampton Township, Cumberland County, PA
Known and numbered as 271 Newville Road, Shippensburg
more fully described on Exhibit "A"
filed with this writ and by this reference C
incorporated herein.
Date: May 2, 2008 By: i r
"-_0, CG
Real Est a Sergeant
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