Loading...
HomeMy WebLinkAbout08-3963 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 v/CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.aom Deutsche Bank National Trust "COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed :Cumberland County Pass-Through Certificates 6501 Irvine Center Drive Irvine, CA 92618-2118 Plaintiff V. Bernadine L. Mainhart P.O. Box 434 j? - 3Rto3 Civi ?? :NO. New Kensington, PA 17072 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 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 notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEDIANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O 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 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: H&R Block Mortgage Corporation Assignments of Record to: Option One Mortgage Corporation Recording Date:9/15/05 Book: 720 Page: 4056 Assignor: Option One Mortgage Corporation Assignee: Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass- Through Certificates 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: 3463 Ritner Highway MUNICIPALITY/TOWNSHIP/BOROUGH: West Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 3/8/05 DATE RECORDED: 3/18/05 BOOK: 1900 PAGE: 2120 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 6/18/08: Principal.of debt due $99,115.55 Unpaid Interest at 7.45% from 2/1/08 to 6/18/08 (the per diem interest accruing on this debt is $20.23 and that sum should be added each day after 6/18/08) 2,825.51 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0 and that sum should be added on the first of each month after 6/18/08) 1,104.00 Late Charges (monthly late charge of $42.58 should be added in accordance with the terms of the note each month after 6/18/08) 170.32 NSF Fees 50.00 Interest on Advance 5.71 Attorne s Fees (anticipated and actual to 5% o principal) 4,955.78 TOTAL $108,831.87 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 e 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 Homeowners 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 $108,831.87 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY : (,(/V Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE II ALL THAT CIRTARN had of lma, w tb the iaotpeovenwom tbet+eoet eteotad, sham is Wast Pcrosbmro TawnMp, O mbedaod Coomy, Pommylvm* bounded and described as h6mv gg ;1 lip 1G at a is the cow of do Rimer IUtwq, U.S. Route 11; thmoe by Wd m a wnp Sowh 64 1S MWAM West HO W110 apoint tlreaee by laad saws h medy?of Wi7fuaa SA. Docket North, 2S depees 45 nds om Wm 2O3.12 feat to a stake at do !Yves thmee by land n wv or y of Pad B. Bayles at nx, Nork 62 degim 59 misam 10 seeoads Ent 110 So to a peat; by the wine South 2S degree` 4S aaiaa a list 19740 Bet to a point is *$ Omm ONO Rtt ec Highwq, U .S. Rance 11; described according to a sm%V by Tbomm A. Ne% Rq*Amd Bw.*w, dated May 4.1971. BMG latown as 3463 Rkm fir, Newvft Paonsyhwk 17241. t?f? Dt7 y p D? QL a. Dm.AO c sm w wO mm Poo go N o ? nNm f 8 >-0 a DEC O D 'a o w c n O Nm ? PI) Cl) p? O Z 'D a) - m ? -i r L-j W a _ 7C ??C - rruu Cn Ln N Z ? 4 ?7 rU D = Q- -a V O - V - Ln N 4 RI O 6Xy?B17`q "W#- ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM LA NOTIFICACION ENI 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 HORSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. -?; FORECLOSURE 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. i May 06, 2008 Bernadine L Mainhart PO Box 434 New Kingstown, PA 17072-0434 Homeowners Name: Bernadine L Mainhart Property Address: 3463 Ritner Hwy, Newville PA 17241 Loan Account No.: 0015599277 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) N t 0 D 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 "dace-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUSTiOCCUR 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 M RR YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO BATE. 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) OPO10 026 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) OP011 017 R30 KM Re: Loan No. 0015599277 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: 3463 Ritner Hwy, Newville PA 17241 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 @ $ 709.71 MONTHS @ $.00 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 2129.13 $ 85.16 $ .00 0.00 $ 2214.29 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 $2219.29, 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) OP012 024 R30 W., Re: Loan No. 0015599277 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. 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 R30 El?l Re: Loan No. 0015599217 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. 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. OP014 (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) OP014 039 R30 ? ? ;rf CD > D o Ycl: w a 3 O a a o3.a3 o ?m o S? N o m w 3 w N oo?MA $ 0 v0 ? D01? O o w m Qc o? m w n m_n iO 0 CA) Z!e co ca m m m r ;? D=? J -4 =Mr Cl) r r r W on N Ln r r r u- o^ to r r ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 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. 9 FORECLOSURE 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. May 06, 2008 Bernadine L Mainhart 3463 Ritner Hwy Newville PA 17241 Homeowners Name: Bernadine L Mainhart Property Address: 3463 Ritner Hwy, Newville PA 17241 Loan Account No.: 0015599277 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP793 (Page 1 of 9) -2- 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 MRR YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COONSELING 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 R22 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 R22 Re: Loan No. 00155992177 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: 3963 Ritner Hwy, Newville PA 17291 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 @ $ 709.71 MONTHS @ $.00 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 2129.13 $ 85.16 $ .00 $ 0.00 $ 2219.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP795 (Page 4 of 9) HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2219.29, 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) OP795 022 R22 0 Re: Loan No. 00155992!,77 IF YOU DO NOT CURE THEIDEFAULT - If you do not cure the default within THIRTY (30) DAYS of th date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to, pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFA LT 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) 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 SHER;TU fS SALE DATE - It is estimated that the earliest date that suc 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 R22 Re: Loan No. 0015599277 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-1500 ext. 61730 Fax Number: 1-866-497-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore Office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. OP797 (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 R22 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 : VI J fiA1J Ud fi M Z 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 i Rz, R -Z J 0'?0 0 D t co SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03963 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MAINHART BERNADINE L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MAINHART BERNADINE L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MAINHART BERNADINE L 3463 RITNER HIGHWAY NEWVILLE, PA 17241 DEFENDANT IS DECEASED. HOUSE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge Postage ?1-qjlo f So answer -? 18.00 19.00 5.00 R. Thorfa-s Kline 10.00 Sheriff of Cum erland County .59 52.59 UDREN LAW OFFICES 07/30/2008 Sworn and Subscribed to before me this day of A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings*audren.com Deutsche Bank National Trust Company, as € COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- Cumberland County Through Certificates Plaintiff V. Bernadine L. Mainhart Defendant 1 NO. 08-3963 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P.1033 Plaintiff, Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass-Through Certificates, by its undersigned attorney, respectfully requests your Honorable Court enter an Order granting the Plaintiff leave of Court to amend its Complaint in Mortgage Foreclosure as above captioned, pursuant to Pa.R.C.P. 1033, and in support thereof avers the following: 1. Plaintiffs counsel obtained a copy of the social security death index which confirmed that Defendant, Bernadine L. Mainhart was deceased. A true and correct copy of the said index is attached hereto as Exhibit "A". 2. Plaintiffreceived a copy of the Short Certificate from Robert C. Reidenbach's counsel evidencing that Robert C. Reidenbach was named Administrator of the Estate of Bernadine L. Mainhart. A true and correct copy of the Short Certificate is attached hereto as Exhibit "B". 3. It is therefore, hereby believed, averred, and suggested that Defendant is deceased. 4. Pa.R.C.P. Rule 1033 provides, in part, that a party by leave of Court may correct the name of a party or amend his pleading. Therefore, the Plaintiff wishes to amend its Complaint by adding Robert C. Reidenbach, as the Administrator ofthe Estate ofBernadine L. Mainhart, Deceased as Defendant. 5. All other averments of the Complaint are to remain the same and unchanged. WHEREFORE, the Plaintiff prays and respectfully requests that the Honorable Court grant the Plaintiff leave to amend its Complaint as averred hereinabove. Respectfully Submitted, UDREN LAW OFFICES, P.C. BY: C V-Z" MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff Social Security Death Index - Ancestry.com IMF - ancestry. 4. r Irv Home Search Publish Community DNA Learning Center Try out the New Ancestry Search You searched for Bernadine Mainhart 4$1 AII.Social Security Death Index Results ----------- - Page Tools Start a.Tree with this person Save record to In Comments....an...d.......Corr....ections Order Original Certificate. View printer-frtencil..y Request copy of original application Make a Connection Not sure where to start? Often [ it's helpful to contact others who share your research interests: Find others searching for Bernadine L. Mainhart Store Social Security Death Index Page 1 of 2 Welcoi Name: Bernadine L. Mainhart SSN: 196-22-8396 Last Residence: 17241 Newville, Cumberland, Pennsylvania, United States of America Born: 14 Nov 1929 Last Benefit: 63801 Sikeston, Scott, Missouri, United States of America Died: 11 Jan 2oo8 State (Year) SSN Pennsylvania (Before 1951) issued: Save This Record Attach this record to a person in your tree as a source record, or save for later evaluation. Save = Source Citation: Number:.r96-22-8,g96;lssue State:.Penrnsyluania;issue Date: Be fare t95i. Source Information: Ancestrv.com. Social Security Death 177c1ex [database on-line]. Provo, UT, USA: The Generations Network, Inc., 2007. Original data: Social Security. Administration. Social Securily Beath Index. Master File. Social Security Administration. Description- The Social Security Administration Death Master File contains information on millions of' deceased individuals with United States social security numbers whose deaths were reported to the Social Security Administration. Birth vears for the individuals listed range from t875 to last year. Information in these records includes name, birth date, death date, and last known residence. Learn more... You are here: Historical Records Birth. Marriage & Death > Social Security Death Index Visit Other Generations Network sites Corporate Info Affiliate Program Advertising Anc...estry B..io.g Contact Us. Ancestry. corn EXHIBIT A http://search.ancestry.com/cgi-bin/sse.dll?indiv=l &rank= l &gsfn=Bernadine&gsln=Mainhart&=&f9=&f8... 8/l/2008 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE 4k$ c(DI)y I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 11th day of February, Two Thousand and Eight, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the estate of BERNADINE L MAINHART late of WEST PENNSBORO TOWNSHIP ?MFM Wa in said county, deceased, to ROBERT C REIDENBACH #u, aw^ Wn and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 24th day of April Two Thousand and Eight. File No. 2008-00143 PA Pi 1 e No. 21- 08- 0143 Date of Death 111112008 S. S. # 196-22-8396 LNOMY NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL .J- EXHIBITS UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARIKEMA, 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 Deutsche Bank National Trust Company, as =COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- € Cumberland County Through Certificates Plaintiff V. Bernadine L. Mainhart Defendant(s) ' NO. 08-3963 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND ITS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff seeks leave of Court to amend its Complaint as averred in the within Motion. The Pennsylvania Rules Of Civil Procedure allow for such amendment. The facts as set forth in the within Motion are incorporated herein by reference as though fully set forth at length. Pa.R.C.P. 1033, AMENDMENT: A party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. In the instant Motion For Leave To Amend, Plaintiff requests leave of Court to amend its Complaint in Mortgage Foreclosure by adding Robert C. Reidenbach, as Administrator of the Estate of Bernadine L. Mainhart, Deceased as Defendant. This Motion falls strictly within the parameters of Rule 1033 and 1144(a)(2). The Plaintiff is not requesting leave of Court to amend any allegation or substantive fact contained in the pleading4tself. Furthermore, Plaintiff also requests that an Amended Complaint not expand the Answer and/or otherwise plead period of any Defendants already served with the original Complaint. Respectfully Submitted, UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, E QUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned, hereby states that he/she is the attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing Motion For Leave To Amend Complaint and Memorandum of Law are true and correct to the best of his/her knowledge, information and belief. 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: MARK J. UDREN, E QUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff DATED: q' `,( UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as € COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- Cumberland County Through Certificates Plaintiff V. Bernadine L. Mainhart Defendant(s) NO. 08-3963 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served true and correct copies of the Plaintiff s Motion For Leave To Amend Complaint and Memorandum of Law in Support upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: -Q -mbe '3, 201$ TO: Jane M. Alexander 148 South Baltimore Street Dillsburg, PA 17019 (Attorney for Robert C. Reidenbach) UDREN LAW OFFICES, P.C. BY: ('1jAdW40vj11A '!?o -Y MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff 10 g c^g SFP J i vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass- Through Certificates Plaintiff V. Bernadine L. Mainhart Defendant NO. 08-3963 ORDER AND NOW, this Q .. day of .?cok•.l.?r , 2008, after consideration of Plaintiffs Motion For Leave To Amend The Complaint in Mortgage Foreclosure filed in this matter, and any response thereto, it is hereby ORDERED that: 1. Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by adding Robert C. Reidenbach as the Administrator of the Estate of Bernadine L. Mainhart; and 2. That the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed, and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed for any existing Defendants already served with the Complaint; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint BY THE COURT: -vr,),,31d . r ?. U/C? cam" - w arm rew s-a?ot? - go?©??b UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE-ID#200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- Cumberland County Through Certificates Plaintiff NO. 08-3963 Civil Term V. Bernadine L. Mainhart Defendant(s) MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Complaint In Mortgage Foreclosure by publication in accordance with Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 430(b)(1); and service of all subsequent pleadings, including, inter alia, the Notice of Sheriffs sale, that requires personal service upon Defendants, Bernadine L. Mainhart, Last Record Owner, and Unknown Heirs of Bernandine, Last Record Owner by posting only, of the subject premises located at 3463 Ritner Highway Newville, PA 17241 in accordance with Pa.R.C.P. 430; and in support thereof avers the following: Plaintiff filed a Complaint in Mortgage Foreclosure against the above captioned Defendant on July 3, 2008. 2. The Defendant, Bernandine is deceased. A true and correct copy of Proof of Death is attached hereto and marked Exhibit "A". 3. Plaintiff's counsel received notification that Robert C. Reidenbach is the administrator of Bernadine L. Mainhart. A true and correct copy of the short certificate is attached hereto and marked Exhibit "B". 4. There are no "known" surviving heirs other than those which may have been previously identified and named as defendants. 5. There may be other "Unknown" surviving heirs. 6. Plaintiff has made a good faith effort to locate all known heirs so as to name them party Defendants pursuant to Pa.R.C.P. I I44(a)(2) by inquiring with the Cumberland County Register of Wills Office and conducting a skip trace. 7. Although specific heirs may have been located, it is believed that there may be other "unknown heirs", who remain unidentified. WHEREFORE, so as to properly satisfy the Pennsylvania Rules of Court, particularly Pa.R.C.P. 1144(a)(2), (a)(3), where the Plaintiff is required to name as party Defendants in an action in mortgage foreclosure the heirs of a deceased mortgagor(s), if known, and those of a deceased real owner, the Plaintiff moves this Honorable Court, and hereby requests an Order, pursuant to Pa.R.C.P. 430 et seq., directing service of the Complaint In Mortgage Foreclosure by publication upon the Defendant, Bernandine, Last Record Owner and the Unknown Heirs of Bernandine, Last Record Owner; and service of any and all subsequent pleadings including, inter alia, the Notice of Sheriffs Sale, that require personal service by posting only, of the subject premises located at 3463 Ritner Highway, Newville, PA 17241. UDRE S, P.C. BY: MARK J. U , ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 'LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff Social Security Death Index - Ancestry.com ancestry, , Home Search Publish Community Try out the New Ancestry Search You searched for Bernadine Mainhart 41 5Il Social Security Death _Index Results Page Tools Of Start a Tree with this person Save record to my shoebox Comments and Corrections Order Original_Cert ificate_ I?I Vlew._i?rlnter_-friendly Request eopeof original application Make a Connection Not sure where to start? Often it's helpful to contact others who share your research interests: Find others searching for Bernadine L. Mainhart DNA Learning Center Store Social Security Death Index Name: Bernadine L. Mainhart SSN: 196-22-8396 Page Welcoi Last Residence: 17241 Newville, Cumberland, Pennsylvania, United States of America Born: 14 Nov 1929 Last Benefit: 638o1 Sikeston, Scott, Missouri, United States of America Died: 11 Jan 2oo8 State (Year) SSN Pennsylvania (Before 1951) issued: Save This Record Attach this record to a person in your tree as a source record, or save for later evaluation. Save Source Citation: Number: 7g6-22-8,3y6;Issue State: Pennsyluartia;Issue. Date: Before j9,51 Source Information: Ancestry.arm. SoeiatSecurity Death Index [database on-line]. Provo, UT, USA: The Generations Network, Inc., 2007. Original data: Social Security- Administration. Social .Securittl Death Index. A,laster File. Social Security Administration. Description: The Social Security Administration Death Master File contains information on millions of deceased individuals with United States social security numbers whose deaths were reported to the Social Security Administration. Birth years for the individuals listed range from 1375 to last. year. Information in these records includes name. birth date, death date, and last known residence. Learn more... You are here: Historical Records > Birth. Marriage & Death > Social Security Death Index Visit Other Generations Network sites Advertising. Ancestry BI Contact Us. --?---- _ - -? -? Corporate Info Affiliate Program Ancestry.com r.Arl tT A http://search,ancestrv.com/cL,i-bin/sse.dll?indiv=l &rank= l &gsfn=Bernadine&gsln=Mainhart&=&f9=&f8... 8/l/2008 Oienda Farner Strasbaugh Register of Wills & Clerk of the Orphans' Court Kirk S. Sohonage, Esquire Solicitor One Courthouse Square Carlisle, PA 17013 OFFICES OF Marjorie A. Wevodau First Deputy Wanda S. Zeigler Second Deputy (717) 240-6345 FAX (717) 240-7797 1-888-697-0371 x 6345 ?egigter of Villo anb Clerk of the ®rpbang' Court Countp of Cumbertanb August 15, 2008 Naisha Lanier Legal Assistant Udren Law Office, PC 111 Woodcrest Road Cherry Hill, NJ 08003 In Re: Estate of Bernadine L. Mainhart Dear Ms. Lanier: We are in receipt of your request for estate research and your Check No. 117917. The estate was probated in our county. Decedent: Estate No. Letter of Administration Granted: Attorney: Attorney Address: Attorney Phone: Personal Representative Bernadine L. Mainhart 21-08-0143 2/11/08 Jane M. Alexander, Esquire 148 S. Baltimore Street Dillsburg, PA 17019 717-432-4514 Robert C. Reidenbach Enclosed you will find the receipt for your research fee. Please advise if you have any questions or concerns. Yours truly, #en arner asa g g er of Wills & Clerk of Orp 'Court Ex"W e VERIFICATION The undersigned, hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: September 18 2008 UD S, P.C. BY: MARK J. U REN, ESQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 'LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE-ID#200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as = COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, = CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- Cumberland County Through Certificates 6501 Irvine Center Drive Irvine, CA 92618-2118 € NO. 08-3963 Civil Term Plaintiff V. Bernadine L. Mainhart P.O. Box 434 New Kensington, PA 17072 Defendant(s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass-Through Certificates, having filed its Motion For Service Pursuant To Special Order of Court, submits this Memorandum of Law in support hereof. Pennsylvania Rule of Civil Procedure 430(a) specifically provides, in part, that "(a) If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service." The purpose of the Motion is to seek special service of the Complaint In Mortgage Foreclosure on Bernadine L. Mainhart, Last Record Owner and the Unknown Heirs of Bernadine L. Mainhart, Last Record Owner. It is believed that there may be heirs of the deceased Defendant, yet they are unknown to the Plaintiff. Therefore, because the heirs are "unknown", and thus unidentifiable and unable to be located, service cannot be made under the applicable rule. Pennsylvania Rule of Civil Procedure 1144(a) (2) requires the Plaintiff to name as party Defendants in an action in mortgage foreclosure the heirs of a deceased mortgagor. Pa.R.C.P. 1144(a)(3) is silent with regard to the heirs of a deceased real owner. As stated in the attached Motion, Defendant, Bernandine is deceased. So as to properly satisfy Pa.R.C.P. 1144(a)(2), (a)(3), a good faith effort to discover the whereabouts of any and all heirs has been made in accordance with Pa.R.C.P. 430(a), as evidenced by the good faith Affidavit of Investigation, attached hereto as Exhibit "C". Known heirs may have been identified herein. However, so as to properly serve Bernandine, Last Record Owner and any surviving heirs who are unknown to the Plaintiff, but who may have an interest in the mortgaged premises, the Plaintiff seeks service by publication with regard to the Complaint in Mortgage Foreclosure, and posting only, of the mortgaged premises with regard to all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriffs Sale. Pa.R.C.P. 430(b)(1) provides for service by publication. Further, Pa.R.C.P. 430(b)(2) provides for service by publication on unknown heirs: When service is made by publication upon the heirs and assigns of a named former owner(s) or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. In conformity with Pa.R.C.P. 430(b)(2), the Plaintiff sets forth, as verified, in the within Motion, that there may be unknown heirs. In order to complete service on the Defendant, Bernadine L. Mainhart, Last Record Owner by and through her surviving "unknown heirs", so as to move this foreclosure action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pa.R.C.P. 430 et seq., and for all the reasons hereinbefore stated, and in the attached Motion, grant a Special Order directing service of the Complaint In Mortgage Foreclosure by publication on Defendant, Bernadine L. Mainhart, Last Record Owner and the Unknown Heirs of Bernandine, Last Record Owner; and service of all subsequent pleadings including that require personal service, inter alia, the Notice of Sheriffs Sale, by posting only, of the subject premises located at 3463 Ritner Highway, Newville, PA 17241. Respectfully submitted, UDRE DES, P.C. BY: MARK J. U REN, ESQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE-ID#200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as € COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, € CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- Cumberland County Through Certificates Plaintiff € NO. 08-3963 Civil Term V. Bernadine L. Mainhart Defendant(s) CERTIFICATE OF SERVICE I, hereby certify that I have served true and correct copies of the Motion For Service Pursuant to Special Order of Court upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Date Served: September IS , 2008 TO: Bernadine L. Mainhart 3463 Ritner Highway Newville, PA 17072 Defendant UDRE / , P.C. G ' BY: . MARK J. UDRE , SQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff Ca 1?,Jp ? , . W -? rrs r; ¦ . UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadines(a,udren.com Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Citigroup Mortgage Loan Trust, € CIVIL DIVISION Series 2005-OPT3, Asset Backed Pass- Cumberland County Through Certificates Plaintiff V. Bernadine L. Mainhart Robert C. Reidenbach, Administrator of the = NO. 08-3963 Estate of Bernadine L. Mainhart Defendant(s) AMENDED COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO COURT ORDER 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 q 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 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 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 800-990-9108 A. . `Ep iU n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass- Through Certificates Plaintiff V. Bernadine L. Mainhart Defendant NO. 08-3963 IQ-91 AND NOW, this ??- day of (11, Ea , 2008, after consideration of Plaintiff's Motion For Leave To Amend The Complaint in Mortgage Foreclosure filed in this matter, and any response thereto, it is hereby ORDERED that: 1. Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by adding Robert C. Reidenbach as the Administrator of the Estate of Bernadine L. Mainhart; and 2. That the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed, and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed for any existing Defendants already served with the Complaint; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint BY THE COURT: J. 4 n.. L f.J??iy Pa 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: H&R Block Mortgage Corporation Assignments of Record to: Option One Mortgage Corporation Recording Date:9/15/05 Book: 720 Page: 4056 Assignor: Option One Mortgage Corporation Assignee: Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass-Through Certificates 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 t 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: 3463 Ritner Highway MUNICIPALITY/TOWNSHIP/BOROUGH: West Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 3/8/05 DATE RECORDED: 3/18/05 BOOK: 1900 PAGE: 2120 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 6/18/08: Principal of debt due $99,115.55 Unpaid Interest at 7.45% from 2/1/08 to 6/18/08 (the per diem interest accruing on this debt is $20.23 and that sum should be added each day after 6/18/08) 2,825.51 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0 and that sum should be added on the first of each month after 6/18/08) 1,104.00 Late Charges (monthly late charge of $42.58 should be added in accordance with the terms of the note each month after 6/18/08) 170.32 NSF Fees 50.00 Interest on Advance 5.71 Attorneys Fees (anticipated and actual to 5% of principal) 4,955.78 TOTAL $108,831.87 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 Sheriffs 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 $108,831.87 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE `LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff ALL THAT CUTA119 ftd of land, wi$ the imgravamos thet= ete , sium in Wart . Pardo Township. C nd County, Pamaylvanie, boundod and desa ibeed as faDow. BEGVUMG at a poW in the conft of tie Ritua KghwW, U.S. Route 11; themoe by sad SwA 60 dooms 15 mkwW West 110 fa tto it point; d=aw by lewd sie w ar f nody of Willie SA. Do&ae, 9t., NwdL 25 degrees 45 muss West 203.12 feet to a staloe at the ham tbmw by isad now or fom iedy of PrA L Boy1oo at m Booth 62 degrees 59 mhwm 10 sai mds East 110 foot to apoaq flake by &e =no Boud& 25 dooms 45 zo SM 197.80 fbtto a point in the ocaw of des RftK ?, U.S. Route 11; chew. warding t* a sucrvw by Tbamoa A. Ne$ , damd May 4,1971. BMG imom ea 3463 Rjow I f, Nvwvllk, Pmasylvania 17241. {.mo o 9 0 a a ono N a- © a (D ? o o >= 0= e a m a 3 n w wm 91 $ y m ?m 0 ? fp" ooa 81 D? m a N r d Q -1 p m d W (a . m IS R W c n tics c Q tt z-0w - mO`R :E w= = r - w adn x5 Z FA 4b. CD O Ln I nj = -0 - y . wJ X G- Ln V b ti ?rrr O EXHISMA "Apr: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LA NOTIFICACION EN ADJUSTO ES DE SOMA 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, 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 meet With the Counseling 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. May 06, 2008 Bernadine L Mainhart PO Box 434 New Kingstown, PA 17072-0434 Homeowners Name: Bernadine L Mainhart Property Address: 3963 Ritner Hwy, Newville PA 17241 Loan Account No.: 0015599277 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Sereicer: 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 MARE 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) 4-.f a temporary stay of foreclosure on your mortgage for th'_rty (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. TFIS 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) OP010 026 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) OP011 017 R30 y?r Re: Loan No. 0015599277 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: 3463 Ritner Hwy, Newville PA 17241 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 @ $ 709.71 MONTHS @ $.DO $ 2129.13 (b} Previous late charges; $ 85.16 - (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 $ 2214.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not app licable): 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 $2214.29, 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) OP012 024 R30 Re: Loan Nc. 0015599277 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 ail 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 C21 R30 W Re: Loan No. 0015599277 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: :7acksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-100 ext.61730 Fax Number: 1-866-497-7.263 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 TIDES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP014 (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) OP014 039 R30 <_• O 7 6 O Y D w D 0 --4 m 0'O o cr. ? zi CIL ' ? n2.p m C) (D D ?Nt N ?m ID fO m QCm D m m o p m? w? .M r=im !n `m tD r- ,4 Dim CD rn O r w Do ru Ln r r ru p- .n Q Ln mmmmmmm r O`er -i N 0 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. .. TTosee_ 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 meet with the Counseling Aaencv. 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. May 06, 2008 Bernadine L Mainhart 3463 Ritner Hwy Newville PA 17241 Homeowners Name: Bernadine L Mainhart Property Address: 3463 Ritner Hwy, Newville PA 17241 Loan Acco,ant No.: 0015599277 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Ler_der/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP793 (Page 1 of 9) a . #T a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRINGzYOUR 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 R22 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 R22 T Re: Loan No. 0015599277 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: 3463 Ritner Hwy, Newville PA 17241 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 @ $ 709.71 MONTHS @ $.00 $ 2129.13 (b) Previous late charges; $ 85.16 (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 $ 2214.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP7 95 (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 $2219.29, 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) OP795 022 R22 fit, , Re: roan No. 0015599277 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action tc 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 ever, 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 anv 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) 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 019 R22 ti • ?y Re: Loan No. 0015599277 HOW TO CONTACT THE LENDER: Name of Lender: Option one Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-1500 ext. 61730 Fax Number: 1-866-497-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore Office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time,.. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP797 (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 DCES 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 R22 VERIFICATION 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: MARK J. U REN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -'-OUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION Citigroup Mortgage Loan Trust, :Cumberland County Series 2005-OPT3, Asset Backed Pass-Through Certificates Plaintiff NO. 08-3963 Civil Term V. Bernadine L. Mainhart Defendant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served true and correct copies of Amended Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: September 'Q , 2008 TO: Jane M. Alexander, Esquire 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019-0421 Attorney for Administrator Bernadine L. Mainhart 3463 Ritner Highway Newville, PA 17072 Defendant UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff t' r "a ?''1 f 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 Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION Citigroup Mortgage Loan Trust, :Cumberland County Series 2005-OPT3, Asset Backed Pass-Through Certificates Plaintiff 'NO. 08-3963 Civil V. Bernadine L. Mainhart Robert C. Reidenbach, Administrator of the Estate of Bernadine L. Mainhart Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Term Kindly reinstate the Complaint on the above-captioned matter. DATE: October 6, 2008 UDREN LAW OFFICES, P.C. BY: Attorneys for Kaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE W UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 CHANDRA, M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Company, as Trustee for Citigroup Mortgage Loan Trust, Series 2005-OPT3, Asset Backed Pass-. Through Certificates Plaintiff V. Bernadine L. Mainhart Robert C. Reidenbach, Administrator of the Estate of Bernadine L. Mainhart Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-3963 `5 cn •.f ??? .,ern C: ? AMENDED COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO COURT ORDER 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 I written appearance personally or by attorney and filing in writing with the Court your defensesi 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 800-990-9108 ED) .. ? ? ?. ??, ? ?' g. -?.. °?- ?, fi > ?. fi? r.? ?_ ?? ,?,. ?: ?? ? ? ??" ca -? ? ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03963 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MAINHART BERNADINE L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT REIDENBACH ROBERT C AS ADMIN OF ESTATE- BERNADINE MAINHART but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT OF ESTATE- BERNADINE MAINHART , NOT FOUND , as to REIDENBACH ROBERT C AS ADMIN 77 W MAIN STREET NEW KINGSTOWN, PA 17072 ROBERT REIDENBACH DIED 10/15/08, PER HIS WIFE BARBARA. Sheriff's Costs: Docketing 18.00 Service 6.00 Not Found 5.00 Surcharge 10.00 .00 V 39.00 So answer _ R. Thomas Kline Sheriff of Cumberland County UDREN LAW OFFICES 10/20/2008 Sworn and Subscribed to before me this day of 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 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 Deutsche Bank National Trust COURT 0 Company, as Trustee for :CIVIL D Citigroup Mortgage Loan Trust, €Cumberl Series 2005-OPT3, Asset Backed Pass-Through Certificates 6501 Irvine Center Drive NO. Irvine, CA 92618-2118 Plaintiff V. Bernadine L. Mainhart P.O. Box 434 New Kensington, PA 17072 Defendant(s) TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COMMON PLEAS ISION d County 08-A963 Civil Term Please mark the above captioned matter SETTLED, DISCONTINUED and ENDED. Dated: December 15, 2008 BY: % fe_` C, S, P. C. Attor e-fs for Plaintiff MARK . UDREN, ESQUIRE STUAR WINNEG, ESQUIRE LORRA NE DOYLE, ESQUIRE ALAN D. MINATO, ESQUIRE CHAND M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE c? ?a'1 17-