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Home My WebLink About08-3101. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 VCHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC 2006-OPT3 :CIVIL DIVISION Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 ::Cumberland County 6501 Irvine Center Drive Irvine, CA 92618-2118 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe = NO. 0% - 3(01 363 term 4079 Darius Drive Enola, PA 17025 Defendant (s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006- OPT3 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4079 Darius Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 7/24/06 DATE RECORDED: 8/10/06 BOOK: 1962 PAGE: 32 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 5/6/08: Principal of debt due Unpaid Interest at 10.60%* from 12/1/07 to 5/6/08 (the per diem interest accruing on this debt is $45.42 and that sum should be added each day after 5/6/08) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of $84.32 should be added in accordance with the terms of the note each month after 5/6/08) $156,397.22 7,180.07 325.00 280.00 337.28 Attorneys Fees (anticipated and actual to 5% of principal) 7,819.86 TOTAL $172,339.43 *This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant (s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $172,339.43 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY : ( J 1(e(./ (ZA6d1_(AL / 446W Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE 0 0 Exhibit A ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at. a point on the southern dedicated right-of-way line of Darius Drive at the dividing line of Lot # 85 and lot #86; Thence by line of lot#85 and passing through the center of a Partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; Thence: by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot#87 and assign through the center of a partition wall North 39 degrees 09 minyites 09 seconds West 109.40 feet to a point o the southern right-of-way line of Darius Drive; Thence by said right-of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 AND Lot #86, the place of beginning. 5 4 BEING Lot #86 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania on July 21,1998, in Plan Book 77 Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on, the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown in the above mentioned subdivision plan. BEIONG Cour..ty Parcel: 10-140831-100 ALSO being known as: 4079 Darius Drive > -0 a ?o ?0 OR > 0 ?o 0 D- n? (n m y 5.a`? m Ap CD m SQ0 m C? 02 fO N m N ? O m ?O iiiPPP m o U m Z° = O= = L w - w' _ 5; n 0 cn J N -4 (D NJ L = ti w w w = Ln J EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. M. go. 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 AaencY. 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. March 10, 2008 Michael Kothe 4079 Darius Dr Enola, PA 17025-1474 Homeowners Name: Michael Kothe Property Address: 4079 Darius Dr, Enola PA 17025 Loan Account No.: 0021967112 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 OP010 (Page 1 of 9) M 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 nATF. _ 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) OP010 026 R37 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) OP011 017 R37 Re: Loan No. 0021967112 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: 4079 Darius Dr, Enola PA 17025 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 @ $ 1,405.25 MONTHS @ $.00 $ 4215.75 (b) Previous late charges; $ 168.64 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 4384.39 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP012 (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 $4384.39, 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) 02012 024 R37 Re: Loan No. 0021967112 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 pay due immediately and you may lose the chance to 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. OP013 (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) OP013 021 R37 Re: Loan No. 0021967112 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore 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. 02014 (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) 02014 039 R37 &.4 V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY : JJ ILIA l leC.????j ?J" Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Od F?7 W pa -r? n ;- 1 ^ r e SHERIFF'S RETURN - REGULAR CASE NO: 2008-03101 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS KOTHE MICHAEL AKA MICHAEL T KO DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOTHE MICHAEL AKA MICHAEL T KOTHE DEFENDANT the at 2021:00 HOURS, on the 30th day of May , 2008 at 4079 DARIUS DRIVE ENOLA, PA 17025 MICHAEL KOTHE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 28.00 Affidavit .00 Surcharge 10.00 .00 00 56.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/02/2008 UDREN LAW OFFICES By: eputy Sh if A.D. UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOOD RE T RO I 0 favor of the Plaintiff and against the Michael T. Rothe for failure to file an within 20 days from service thereof and the mortgaged premises, and assess Q S _1 , STJ T$: ; 2 4, } i Y I ntk^ „ ?s{,.gip 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 6501 Irvine Center Drive Irvine, CA 92618-2118 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-3101 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in Defendant(s) Michael Kothe a/k/a Answer to Plaintiff's Complaint for foreclosure and sale of Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 5/7/08 to 7/1/08 Late charges per Complaint From 5/7/08 to 7/1/08 $172,339.43 2,543.52 168.64 TOTAL $175,051.59 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDR(m, ENLAW,, OFFICES, P.C. BY :U/.//111, /d, DAMAGES ARE HEREBY ASSESSED AS DATE :? ZQ? g Attorneys-for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE INDICATED PRO P OTHY UDRSN LAW OFFICES, P.C. !MARK J. UDREX, ESQUIRE - ID STUART 9 nWW, ESQUIRE - ID LORRAINE DOYLB, ESQUIRE - ID ALAN X. KINATO, BSQUIRB - ID CBANDRA K. ARE MA, ESQUIRE - #04302 #45362 #34576 #75960 ID #203437 ATTORNEY FOR PLAINTIFF &56wTSW ?lldtLN11'nl?l Wells Fargo Bank, N.A., as Trustee for ABFC 2006- OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 Plaintiff v. Michael Kothe a/k/a Michael T. Kothe Defendant(s) TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO.08-3101 Civil Term DATE of Notice: June 20, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY. OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DItTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO W MEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED IWILLFOR THAT PURPOSE. e Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest ?te Center 111 Woodcrest oad, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 D 2 :3-. Q 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee `COURT OF COMMON PLEAS for ABFC 2006-OPT3 Trust, ABFC :CIVIL DIVISION Asset-Backed Certificates, Series :Cumberland County 2006-OPT3 Plaintiff :MORTGAGE FORECLOSURE V. Michael Kothe a/k/a Michael T. :NO. 08-3101 Civil Term Kothe Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Service members' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Michael Kothe a/k/a Michael T. Kothe Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Michael Kothe a/k/a Michael T. Kothe Age: Over 18 Residence: As captioned above Employment: Unknown Name r Title: ATTORNEY FOR PLAINTIFF Sworn to and subscribed Company: UDREN LAW OFFICES, P.C. before me this 1st day of July, 2008,. Notary Public RETM MM'$gijARt PAlC0Fl?f C0MWM6 s1rM12 Verbal Confirmation of Service of Complaint Date: l Spoke with: Defendant(s): at: was served on E? f?? C,? Defendant(s): was served on at: Defendant(s): was served on at: Are there any additional fees due? Yes No If so how much?_$ ^t4 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER _1 Jl WOODCRE SUITE Zq 0 ATTORNEY FOR PLAINTIFF 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee :COURT OF COMMON PLEAS for ABFC 2006-OPT3 Trust, ABFC Asset- :CIVIL DIVISION Backed Certificates, Series 2006-OPT3 'Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE E Michael Kothe a/k/a Michael T. Kothe :NO. 08-3101 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $175,051.59 Interest From 7/2/08 7,358.04 to Date of Sale December 10, 2008 Ongoing Per Diem of 45.42 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDRENfiLAW OFFICES, P.C. BY :PL /? z9, ela I Attorneys Ior-Plaintiff' MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE fi WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3101 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, Plaintiff (s) From MICHAEL KOTHE A/K/A MICHAEL T. KOTHE (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 $175,051.59 L.L. $.50 Interest FROM 7/2/08 TO DATE OF SALE 12/10/08 - $7,358.04 - ONGOING PER DIEM OF $45.42 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE Atty's Comm % Atty Paid $175.00 Plaintiff Paid Date: JULY 1, 2008 (Seal) Due Prothy $2.00 Other Costs 1!J6d6:2FZ - C s . Lo 6 ono By: REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Deputy UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER ATTORNEY FOR PLAINTIFF 4 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee :COURT OF COMMON PLEAS for ABFC 2006-OPT3 Trust, ABFC Asset-:CIVIL DIVISION Backed Certificates, Series 2006-OPT3!Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Michael Kothe a/k/a Michael T. Kothe :NO. 08-3101 Civil Term De f endant (s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( } Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: PM r lA/,ll i? &a , Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE t" ? ? ? ? , ? ?? : -- =, Y.. ?..ar {C,??'b? l__' ?? ' ? f 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee :COURT OF COMMON PLEAS for ABFC 2006-OPT3 Trust, ABFC Asset-:CIVIL DIVISION Backed Certificates, Series 2006-OPT3€Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Michael Kothe a/k/a Michael T. Kothe :NO. 08-3101 Civil Term Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER` ,yam j, `+€ zCHERRY HILL, NJ 08003-3620 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4079 Darius Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hampden Township, By Address to Follow Board of Commissioners Discover Bank, By Attorney 198 Allendale Rd., King Of Prussia, Eric M. Berman PA r 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank, N.A., as Trustee for ABFC 2006- OPT3 Trust, ABFC Asset- M N.v eri, . r.® r t t' titiy acs 1+.,o - , . 6501 Irvine Center Drive Irvine, CA 92618-2118 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4079 Darius Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 1, 2008 UDREN LAW OFFICES, P. ?C .. BY:/ ?.?LiA?/ iL1?lYi Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ? Q ? r _- cxa ? - t r? -t°: ; -, ?: "`.. ' Cv ? ? ? s r w I? UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER ATTORNEY FOR PLAINTIFF CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee :COURT OF COMMON PLEAS for ABFC 2006-OPT3 Trust, ABFC Asset- :CIVIL DIVISION Backed Certificates, Series 2006-OPT3 €:Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Michael Kothe a/k/a Michael T. Kothe :NO. 08-3101 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Your house (real estate) at 4079 Darius Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $175,051.59, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I 1? YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. ,thi?i.:? Y7: t .t®s,??a'?-??+ 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 r--3 sk ?} i Wells Fargo Bank, N.A., as Trustee for ABFC In the Court of Common Pleas of 2006-OPT3 Trust, ABFC Asest-Backed Cumberland County, Pennsylvania Certificates, Series 2006-OPT3 Writ No. 2008-3101 Civil Term VS Michael Kothe a/k/a Michael T. Kothe William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2008 at 1448 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Kothe a/k/a Michael R. Kothe by making known unto Michael Kothe personally, at 4079 Darius Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 1308 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael Kothe, a/k/a Michael T. Kothe, located at 4079 Darius Drive, Enola, 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 defendant, to wit: Michael Kothe, a/k/a Michael T. Kothe, by regular mail to his last known address of 4079 Darius Drive, Enola, PA 17025. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mark Udren. Sheriff s Costs: Docketing Poundage Advertising Posting Bills Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills ,.>4? R. Thomas Kline, Sheriff __j a. 0 BY R Real Estate Ser eant 30.00 19.46 15.00 15.00 .50 2.00 28.00 15.00 20.00 355.00 477.50 14.92 $ 992.38 ?o. SID oel? G / 0 7L. '?' 1>Pat9 I r UDREN LAW OFFICES, P.C. MARK-J. UDREN, ESQUIRE 1c,ITUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 ATTORNEY FOR PLAINTIFF CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingseudren.com Wells Fargo Bank, N.A., as Trustee :COURT OF COMMON PLEAS for ABFC 2006-OPT3 Trust, ABFC Asset-:CIVIL DIVISION Backed Certificates, Series 2006-OPT3`:Cumberland County Plaintiff V. MORTGAGE FORECLOSURE Michael Kothe a/k/a Michael T. Kothe :NO. 08-3101 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4079 Darius Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hampden Township, By Address to Follow Board of Commissioners Discover Bank, By Attorney 198 Allendale Rd., King Of Prussia, Eric M. Berman PA 4. Name and address of the last recorded holder of every mortgage of record: Name Address 1 Wells Fargo Bank, N.A., as Trustee for ABFC 2006- OPT3 Trust, ABFC Asset- 6501 Irvine Center Drive Irvine, CA 92618-2118 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4079 Darius Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 1, 2008 UDREN LAW OFFICES, P.C. BY Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE r UDREN LAW OFFICES, P.C. MARK•J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 q t: WOODCR88« OPORT$ C$1T: R;4CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingaeudren.com Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset- Backed Certificates, Series 2006-OPT3 Plaintiff V. Michael Kothe a/k/a Michael T. Kothe Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-3101 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Kothe a/k/a Michael T. Kothe 4079 Darius Drive Enola, PA 17025 Your house (real estate) at 4079 Darius Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 10, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $175,051.59, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU SAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. • 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. . YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commimwealth of Pennsylvania,, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern dedicated right-of-way line of Danus Drive at the dividing line: of Lot # 85 and lot #86; Thence by line of lot#85 and passing through the center of a 1; artition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point, Thence: by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08'sca)nds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of L0087 and assign through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point o the southern right-of-way line of Danus :Drive; Thence by said right-of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 AND Lot #86, the place of beginning. BEING Lot #86 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the. Office of the Reootded of Dads in and for Cumberland County, Pennsylvania on July 21,1998, in Plan Book 77 Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJFCr TO the northern half of a drainage easement as shown on the above mentioned subdivision plan. THE ABOVE ]DESCRIBED premises is also subject to certain restrictions and conditions as shown in the above mentioned subdivision plan. BEIONG County Parcel: 10-14-0831-100 ALSO being latown as: 4079 Darius Drive BEING KNOWN AS: 4079 Darius Drive Enola, PA 17025 PROPERTY ID NO.: 10-14-0837-100 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. KOTHE, SINGLE PERSON BY DEED FROM WHELAN ASSOCIATES, L.P., RICHARD E. YINGST, JR., SOLE GENERAL PARTNER, JANET R. YOUNG AND DAVID L. YOUNG, HUSBAND AND WIFE, KATHLEEN A. RITTNER, SINGLE WOMAN, BY HER ATTORNEY-IN-FACT JANET RITTNER YOUNG, A/K/A JANET R. YOUNG, JANICE E. RITTER, YOUNG A/K/A JANICE A. RITTER, WIDOW, INDIVIDUALLY AND AS EXECUTRIX FOR THE ESTATE OF ERNEST L. RITTNER DATED 5/24/2000 RECORDED 5/31/2000 IN DEED BOOK 222 PAGE 210. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3101 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2006-OPT3 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2006-OPT3, Plaintiff (s) From MICHAEL KOTHE A/K/A MICHAEL T. KOTHE (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 $175,051.59 L.L. $.50 Interest FROM 7/2/08 TO DATE OF SALE 12/10/08 - $7,358.04 - ONGOING PER DIEM OF $45.42 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE Atty's Comm % Atty Paid $175.00 Plaintiff Paid Date: JULY 1, 2008 (Seal) Due Prothy $2.00 Other Costs kwo"w- 11FI-042W C s R. Long, Pro By: REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Deputy Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale #47 On August 28, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4079 Darius Drive, Enola more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 28, 2008 By: Real Estate Sergeant L 1 :11 V Z- Inr %31 JMRS' 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, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Editor SWO LAND I SUBSCRIBED before me this 31 day of October. 2008 Notary NOURIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28.2010 30" 40" 80. 47 Writ No. 2008-3101 Civil Wells Fargo Bank, N.A. as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPTS VS. Michael Kothe a/k/a Michael T. Kothe Atty.: Mark Udren ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern dedicated right-of-way line of Danus Drive at the dividing line of Lot # 85 and lot #86; Thence by line of lot#85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot"7 and as- sign through the center of a potion wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point o the southern right-of-way line of Danus Drive; Thence by said right-of- way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 AND Lot #86, the place of beginning. BEING Lot #86 on the Final Sub- division Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania on July 21, 1998, in Plan Book 77 Page 23. Said Plan re-recorded in Plc Book 78, Page 36. 13EING SUBJECT TO the northern half of a draizmW easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED prem- ises is also subject to certain restric- tions and conditions as shown in the above mentioned subdivision plan. BEIONG County Parcel: 10-14- 0831-100. ALSO being known as: 4079 Darius Drive. BEING KNOWN AS: 4079 Darius Drive, Enola, PA 17025. PROPERTY ID NO.: 10-14-0837- 100. TITLE TO SAID PREMISES IS VESTED IN Michael T. Kothe, single person by deed from Whelan Associ- ates, L.P., Richard E. Yingst, Jr., sole general partner, Janet R. Young and David L. Young, husband and wife, Kathleen A. Rittner, single woman, by her attorney-in-fact Janet Rittner Young, a/k/a Janet R. Young, Jan- ice E. Ritter, Young a/k/a Janice A. Ritter, widow, individually and as executrix for the estate of Ernest L. Rittner dated 5/24/2000 recorded 5/31/2000 in Deed Book 222 Page 210. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-News NOw you know 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 11/05/08 11/12/08 to aDd d6scribed before Notary Public ber, 2008 A. D. COMMONWEALTH OF PENNSYLVAt Notarial Seal Sherrie L Kiener, Notary pubk City of Harrisburg DaLo* County My Comnrlasfoe E;ires Nov 4 2091 Member, Pennsylvania Assoclatlon of Note, Real Estate Sale No. 47 Writ No. 2008-3101 Civil Term Wells Fargo Bank, N. A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 VS Michael Kothe a/k(a Michael T. Kothe Attorney Mark Udren LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Hampden Township; Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern dedicated right-of-way line of Danis Drive at the dividing line of Lot #85 and lot #86; Thence by line of lot #85 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 110.17 feet to a point; Tbence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 20.01 feet to a point at the dividing line of Lot #87 and Lot #86; Thence by line of Lot #87 and assign through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 109.40 feet to a point o the southern right-of- way line of Danis Drive; Thence by said right- of-way North 50 degrees 50 minutes 51 seconds East 20.00 feet to a point on the dividing line of Lot #85 AND Lot #86, the place of beginning. BEING Lot #86 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania on July 21, 1998, in Plan Book 77 Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also ,ubiect to certain restrictions and conditions as shown in the above mentioned subdivision plan. BEING County Parcel: 14140831-100 ALSO being known as: 4079 Darius Drive BEING KNOWN AS: 4079 Darius Drive Enola, PA 17025 PROPERTY ID NO.: 10- 14-0837- 100 TITTLE TO SAID PREMISES IS VESTED IN MICHAEL T. KOTHE, SINGLE PERSON BY DEED FROM WHELAN ASSOCIATES, L.P., RICHARD E. YINGST, JR., SOLE GENERAL PARTNER. JANET R. YOUNG AND DAVID L. YOUNG, HUSBAND AND WIFE, KATHLEEN A. RIITNER, SINGLE WOMAN, BY HER ATTORNEY-IN-FACT JANET RITTNER YOUNG, AJKIA JANET R. YOUNG, IANICE E. RITTER, YOUNG AIK/A JANICE RITTER. WIDOW, INDIVIDUALLY AND AS EXECUTRIX FOR THE ESTATE OF i:RNEST L. RITTNER DATED 5/24/2000 RECORDED 5/3112000 IN DEED BOOK 222 YALE 210.