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HomeMy WebLinkAbout08-5380GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD Mortgagor and Record Owner 9 East South Street Carlisle, PA 17013 Defendant CIVIL ACTION: MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No 09 - 5380 Civ? l RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERR CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE-DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www.nhfa.orQ/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 69995FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI, 4650 Regent Blvd, Irving, TX 75063. 2. The names and addresses of the Defendant is CHERYL E. RUDD, 9 East South Street, Carlisle, PA 17013, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On December 23, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to H&R BLOCK MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1977, Page 4881. The mortgage has been assigned to: WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ................................ ....$100,306.06 Interest from 01/01/2008 through 08/31/2008 at 10.6000% ..................... $7,105.28 Per Diem interest rate at $29.12 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$5,015.30 Late Charges from 02/01/2008 to 08/31/2008 .............................................$390.46 Monthly late charge amount at $55.78 Costs of suit and Title Search ......................................................................$900.00 Recoverable Balance ....................................................................................$125.00 Monthly Escrow amount $148.99 $113,842.10 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nersonam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $113,842.10, together with interest at the rate of $29.12, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordanc with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: UUMM CK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Laura Hescott as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: - 13 CSC AMERICAN HOME MORTGAGE SERVICING, INC. S/M TO OPTIO NE MORTGAGE CORPORATION Laura Hescott Assistant Secretary 0022720999 CHERYL E. RUDD E?chifiitA LEGAL DESCRIPTION: LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF CARLISLE IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED IZVVJD04 AKD RECORDED 01103/2005 IN BOOK 288 PAGE 4836 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. AND REFERENCED AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN THE SECOND WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY EAST SOUTH STREET, ON THE WEST BY LOT NDW OR FORMERLY OF MRS. NANNIE B BUSHMAN; ON THE NORTH BY LOT NOW OR FORMERLY OF JAMES MCGONIGAL'S HEIRS, ON THE EAST BY OTHER PROPERTY FORMERLY OF THE ESTATE OF CHARLES C. HOFFER, DECEASED. HIVING A FRONTAGE ON EAST SOUTH STREET OF 17.63 FEET AND EXTENDING AT EVEN WIDTH TO DEPTH OF 80 FEET AND IMPROVED WITH A TWAT STRORY BRICK DWEW NG HOUSE KNOWN AS NO. B EAST SOUTH TOGETHER WITH THE USE IN COMMON WITH OWNERS AND OCCUPIERS OF THE PROPERTY ADJOINING ON THE EAST, OF A THREE FEET WOE PASSAGEWAY SITUATED EQUALLY ON BOTH LOTS AND EXTENDING NORTW"DLY FROM EAST SOUTH STREET, A DISTANCE OF APPROXIMATELY 30 FEET PARCEL NO. 03-21-032D-136 CERTIRED TO BE A TRUE AND ? CORRECT COPY Of THE ORKM Exhibit (B ACT 9] NOTICE DATE OF NOTICE: August 4 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached ya es The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to help to save your home This Notice explains how the program works 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 Agency. The name address and hone number of Consumer Credit Counselin A encies servin your County are listed at the end of this Notice If you have any guestions you may call the Pennsvlvama Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notifcacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programs Ilamado Homeowners Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: August 4, 2008 Homeowners Name: CHERYL E. RUDD Property Address: 9 East South Street, Carlisle, PA 17013 Loan Account No.: 0022720999 Original Lender: H&R BLOCK MORTGAGE CORPORATION Current Lender/Servicer: AMERICAN HOME MORTGAGE SERVICES, INC. HOMEOWNERS' 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 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the pro pert y is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately ed_ iateiy of your intentions. 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 fact-to-face meeting. 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. 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 Mo a e 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: 9 East South Street, Carlisle, PA 17013 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 payment from 02/01/2008 thru 8/4/2008 (7 mos. at $1,078.60/month) $7,550.20 (b) Late charges from 02/01/2008 thru 8/4/2008 $311.09 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $7,861.29 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 $7,861.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: AMERICAN HOME MORTGAGE SERVICES, INC. 4650 Regent Blvd Irving, TX 75063 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other char i;es then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wntin b the lender and b erformin an other requirements under, the mortgage. 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4 to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs 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 by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: AMERICAN HOME MORTGAGE SERVICES, INC. Address: 4650 Regent Blvd Irving, TX 75063 Phone Number: 561-848-4763 Fax Number: Contact Person: Donna Kalb EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs 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 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 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN 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. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Donna Kalb Phone Number: 561-848-4763 401- 04 r ? 777CCC .? i? ;=°? t IT1771 V ? p # n r? Tr ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05380 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS RUDD CHERYL E 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 RUDD CHERYL E but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT 9 EAST SOUTH STREET , RUDD CHERYL E NOT FOUND , as to CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. PER POST OFFICE, DEFENDANT LIVES AT 621 MILL RACE ROAD CARLISLE, PA 17013. Sheriff's Costs: So answer Docketing 18.00 Service 10.00 Not Found 5.00 R. Th as Kline Surcharge 10.00 Sheriff of Cumberland County .00 l u f t 4 /0 9 C?,,, 43.00 GOLDBECK MCCAFFERTY MCKEEVER 10/13/2008 Sworn and Subscribed to before me this day of A. D. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD 9 East South Street Carlisle, PA 17013 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. Term No. 08-5380 r- By: GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF r -L 0 0 V w .? C r•s rs t? M .- m -G SHERIFF'S RETURN - REGULAR CASE NO: 2008-05380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS RUDD CHERYL E GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUDD CHERYL E the DEFENDANT at 1940:00 HOURS, on the 27th day of October 2008 at 621 MILL RACE COURT CARLISLE, PA 17013 by handing to CHERYL RUDD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit .00 A Surcharge 10.00 R. Thomas Kline /03o? .00 33.00 10/28/2008 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to By; before me this day Deputy Sh iff of A.D. In the Court of Common Pleas of Cumberland County WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD (Mortgagor(s) and Record Owner(s)) 9 East South Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-5380 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CHERYL E. RUDD by default for want of an Answer. Assess damages as follows: Debt Interest from 12/24/2008 to Date of Sale per diem at $29.12 Total (Assessment of Damages attached) $117,831.87 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 e;?? Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW !J Cc _ J d Je?n fl , Judgment is entered in favor of WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET- BACKED CERTIFICATES, SERIES 2007-CPI and against CHERYL E. RUDD by default for want of an Answer and damages assessed in the sum of $117,831.87 as per the above certification. P &-t?thonotary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET- BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff No. 08-5380 VS. CHERYL E. RUDD (Mortgagors and Record Owner(s)) 9 East South Street Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothono By: If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHERYL E. RUDD, is about unknown years of age, that Defendant's last known residence is 621 Mill Race Road Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: /? ? ?? 69995FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 18, 2008 TO: CHERYL E. RUDD 9 East South Street Carlisle, PA 17013 In the Court of WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE Common Pleas MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED of Cumberland County CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd CIVIL ACTION - LAW Irving, TX 75063 Plaintiff Action of vs. Mortgage Foreclosure CHERYL E. RUDD (Mortgagor(s) and Record Owner(s)) Term 9 East South Street No. 08-5380 Carlisle, PA 17013 Defendant(s) TO: CHERYL E. RUDD 9 East South Street Carlisle, PA 17013 MWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 69995FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: November 18, 2008 TO: CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 In the Court of WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE Common Pleas MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED of Cumberland County CERTIFICATES, SERIES 2007-CP1 4650 Regent Blvd CIVIL ACTION - LAW Irving, TX 75063 Plaintiff Action of vs. Mortgage Foreclosure CHERYL E. RUDD (Mortgagor(s) and Record Owner(s)) Term 9 East South Street No. 08-5380 Carlisle, PA 17013 Defendant(s) TO: CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Libaty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CP 1 ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD (Mortgagor(s) and Record owner(s)) 9 East South Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 08-5380 ORDER FOR JUDGMENT Please enter Judgment in favor of WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI, and against CHERYL E. RUDD for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $117,831.87. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 and that the name(s) and last known address(es) of the Defendant(s) is/are CHERYL E. RUDD, 621 Mill Race Road Carlisle, PA 17013; GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $100,306.06 Interest from 01/01/2008 through $10,424.96 12/23/2008 Reasonable Attorney's Fee $5,015.30 Late Charges $613.58 Costs of Suit and Title Search $900.00 Escrow Payments Due 3 X $148.99 $446.97 Recoverable Balance $125.00 $117,831.87 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this .,kr?k day of IEC . , 2008 damages are assessed as above. //y eqim" rothy w d r ? QD N ? v ,r ?°a.9 .or T PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CP 1 ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5380 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 12/24/2008 to Date of Sale per diem at $29.12 (Costs to be added) $117,831.87 GOLDBECK McCAFFERTY & MCKE R BY: Michael T. McKeever Attorney for Plaintiff 8 ? r as 0 N y `+ A ? J co b tj co R° r' C1 e 15. j C) O? ? b ?? a?a C1 n?ox ? ? ? ?,?z ao !D O O? CL V `?NC' O d a `? ?' n 9 7 Z ? O 'z ??y v C^ A g oo$ ?o o C ? ? ' c? /r og Ci A..r Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. CHERYL E. RUDD (Mortgagor(s) and Record Owner(s)) 9 East South Street Carlisle, PA 17013 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 No. 08-5380 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 9 East South Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS YI -4 4. Name and address of the last recorded holder of every mortgage of record: AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 South Hanover Street Carlisle, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 9 East South Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: December 23, 2008 (kLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff C"'1 ? ;?? .. ? ?? _ ? ? 1 ? ? >? C'T: ?? y J ?-a _ ? Q ...? t:`. ? i .. N C? : ?3 "? C'4.+ 08-5380 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CP1 ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 Defendant(s; Term No. 08-5380 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDD, CHERYL E. CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 Your house at 9 East South Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $117,831.87 obtained by WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-5380 1. The sale will be cancelled if you pay to WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CP1, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: ft://www.philadelphiafed.orpJforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ' 08-5380 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.ggv for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiona-goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 69995FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. rY W rit,1 v- Tw I1 08-5380 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CP1 ASSET-BACKED CERTIFICATES, SERIES 2007-CP1 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 Defendant(s Term No. 08-5380 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDD, CHERYL E. CHERYL E. RUDD 9 East South Street Carlisle, PA 17013 Your house at 9 East South Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $117,831.87 obtained by WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CP 1 ASSET-BACKED CERTIFICATES, SERIES 2007-CP 1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-5380 1. The sale will be cancelled if you pay to WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-5380 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: hllp://www.phfa.org/consumers/homeowners/real.awx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiona-gLoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 69995FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. r '. Cam' _? t t; f ?y r-Ol ^? LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF CARLISLE IN THE COUNTY OF CUMBERLAND, AND STAT OF PA AND BEING DESCRIBED IN A DEED DATED 12/06/2004 AND RECORDED 01/03/2005 IN BOOK 266 PAGE 4638 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED, AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE SECOND WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY EAST SOUTH STREET; ON THE WEST BY LOT NOW OR FORMERLY OF MRS. NANNIE B. BUSHMAN; ON THE NORTH BY LOT NOW OR FORMERLY OF JAMES MCGONIGAL' S HEIRS; ON THE EAST BY OTHER PROPERTY FORMERLY OF THE ESTATE OF CHARLES C. HOFFER, DECEASED HAVING A FRONTAGE ON EAST SOUTH STREET OF 17.63 FEET AND EXTENDING AT EVEN WIDTH TO DEPTH OF 60 FEET AND IMPROVED WITH A TWO STORY BRICK DWELLING HOUSE KNOWN AS NO. 9 EAST SOUTH STREET. TOGETHER WITH THE USE IN COMMON WITH OWNERS AND OCCUPIERS OF THE PROPERTY ADJOINING ON THE EAST, OF A THREE FEET WIDE PASSAGEWAY SITUATED EQUALLY ON BOTH LOTS AND EXTENDING NORTHWARDLY FROM EAST SOUTH STREET, A DISTANCE OF APPROXIMATELY 30 FEET. PARCEL NO. 03-21-0320-136 BEING KNOWN AS: 9 East South Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5380 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., As Trustee for OPTION ONE MORTGAGE LOAN TRUST 2007-CP1 ASSET-BACKED CERTIFICATES, SERIES 2007- CP 1, Plaintiff (s) From CHERYL E. RUDD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $177,831.87 L.L. $.50 Interest from 12/24/08 to Date of Sale per diem at $29.12 Atty's Comm % Due Prothy $2.00 Atty Paid $205.00 Other Costs to be added Plaintiff Paid Date: 12/30/08 Curtis R. Long, Prothonot y (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER 69995FC BY: Michael T. McKeever CF: 09/09/2008 Attorney I.D.#56129 SD: 06/10/2009 Suite 5000 - Mellon Independence Center $117,831.87 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CP1 ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 08-5380 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: 40 Personal Service by the Sheriffs OfficOwmipebevo a&h (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, 7__ -1?' BY: Michael T. McKeever, Esquire Attorney for Plaintiff __-- m ci r tP Z O ?d V i ??8' LL t ap ? OG . ? ? C40 Q ---- --------- h O w S?SrI: ? a Z w --- 9z c ? I' w ' `L ° ?wiu'f °i oc? U J ? ? t d M` Z ? coo to Q i U N Q ' ?c 1 V U .- I I m l ZDi .??? ?? C1 ?]? Cu Opp ? a?? pU U W Q 's ?a r_> uj CL N ONQ8-? c7 ui tD d C19 Z? LL. } IL ? s C6 ti m r p v a. G r Q v ti ui OC u? z ? U ? a ? J In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5380 Civil Term Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 1, Asset-Backed Certificates, Series 2007-CPI Vs Cheryl E. Rudd Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2009 at 2000 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cheryl E. Rudd, personally and as Adult in Charge, at, 621 Mill Race Court, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1027 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cheryl E. Rudd, located at, 9 East South Street, Carlisle, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cheryl E. Rudd, by regular mail to her last known address of 621 Mill Race Court, Carlisle, PA 17013. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office So Answers, R. Thomas Kline, Sheriff BY Real Estate Coordinator GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5380 AFFIDAVIT PURSUANT TO RULE 3129 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 9 East South Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 South Hanover Street Carlisle, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 9 East South Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 27, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff FILE, ?u ,,,' ! A 2 ?=u9 hd { 2G, A. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which DEUTSCHE BANK NATIONAL TR CO TR is the grantee the same having been sold to said grantee on the I OTH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 30TH day of DEC, A.D., 2008, out of the Court of Common. Pleas of said County as of Civil Term, 2008 Number 5380, at the suit of OPTION ONE MTG LOAN TRUST 2007- CPI TR against CHERYL E RUDD is duly recorded as Instrument Number 200922887. IN TESTIMONY WHEREOF, I have ereunto set my hand a seal of said office this day of dAj of Deeds Fg&'r¢a3' i?? wsrand County, Cw", PA My Coaw E*kw Ow Fht Mondey of Jan. 2010 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5380 Civil Term Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2007-CPI, Asset-Backed Certificates, Series 2007-CPI Vs Cheryl E. Rudd Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2009 at 2000 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cheryl E. Rudd, personally and as Adult in Charge, at, 621 Mill Face Court, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1027 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cheryl E. Rudd, located at, 9 East South Street, Carlisle, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cheryl E. Rudd, by regular mail to her last known address of 621 Mill Race Court, Carlisle, PA 17013. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-CP1, Asset-Backed Certificates, Series 2007-CPlof 4650 Regent Boulevard, Irving, TX 75063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 972.93 Sheriff s Costs: Docketing 30.00 Poundage 19.08 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 9.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 344.42 Share of Bills 15.43 Distribution of Proceeds 25.00 Sheriff's Deed 49.50 972.93 So Answers, '' v _eo R. Thomas Kline, Sheriff I'D Real Estate Coordinator w i - CF1 _ 1 cam ?a??'? r t• Goldbeck M&affcrty K McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007- CP1 ASSET-BACKED CERTIFICATES. SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. CHERYL E. RUDD (Mortgagor(s) and Record Owner(s)) 9 East South Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE: AFFIDAVIT PURSUANT TO RULE 3129 No. 08-5380 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CP 1 ASSET-BACKED CERTIFICATES, SERIES 2007-CPI, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 9 East South Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and.addr-ess ref the last recorded holder of evcrv morteate of record: AMERICAN GFNFRAL FINANCIAL SF:RVI(TS. INC. 6 South Ilanover Street Carlisle, PA 17013 5. Name and address of every other person ?N ho has anv record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knoNN ledge who has am, interest in the property which may be affected by the sale. TENANTS%OCCUPANTS 9 Fast South Street Carlisle. PA 17013 (attach separate sheet if more space is needed) 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: December 23, 2008 ??_------ r _D13 EC'K McCAFFERTY & McKFFVFR BY: Michael T. McKeever. Fsq. Attornev for Plaintiff' 08-5 350 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney 1.D.856129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. PA 19106 215-825-6318 Attorney for Plaintiff' WELLS FARGO BANK, N.A., AS TRUSTL-F FOR OPTION ONE, MORTGAGE LOAN TRUST 2007- CPI ASSET-BACKED CERTIFICATES, SERIES ')007-CI )I 4650 Rcgettt Blvd Irving, TX 75063 Plaintiff IN TIIF, COURT OF COMMON PLEAS Of Cumberland County CIVIL A("I ION - LAW ACTION OF MORTGAGE FORECLOSURE VS. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 Def endant(s Term No. 08-5380 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUDD, CHERYL E. CHERYL E. RUDD 621 Mill Race Road Carlisle, PA 17013 Your house at 9 East South Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $117,831.87 obtained by WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES., SERIES 2007-CPI against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 08-_5380 717-?-43-9400 08-5 ; X0 Resources available for_l-lorneowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action Of MOrt,ragc Foreclosure against you. you still may be able to SAVE YOUR HOME FROI\1 FORECLOSURE. I ). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S wcbsite - www.hud. cry' for Help for Homeowners Facing the Loss of Their Homes. -- - 4). Pennsylvania Housing Finance Agency also offers other loan prof rams that may assist homeowners in default. Please See the PHFA website htt?://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-231 1 or via email at homeretentioijj r, ;oNbeckIa_w.coin. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner- Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attoniey File Number of 69995FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF CARLISLE IN THE COUNTY OF CUMBERLAND, AND STAT OF PA AND BEING DESCRIBED IN A DEED DATED 12/06%2004 AND RECORDED 01/03/2005 IN BOOK 266 PAGE 4638 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED, AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE SECOND WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY EAST SOUTH STREET, ON THE WEST BY LOT NOW OR FORMERLY OF MRS. NANNIE B. BUSHMAN; ON THE NORTH BY LOT NOW OR FORMERLY OF JAMES MCGONIGAL'S HEIRS, ON THE EAST BY OTHER PROPERTY FORMERLY OF THE ESTATE OF CHARLES C. HOFFER, DECEASED HAVING A FRONTAGE ON EAST SOUTH STREET OF 17.63 FEET AND EXTENDING AT EVEN WIDTH TO DEPTH OF 60 FEET AND IMPROVED WITH A TWO STORY BRICK DWELLING HOUSE KNOWN AS NO. 9 EAST SOUTH STREET. TOGETHER WITH THE USE IN COMMON WITH OWNERS AND OCCUPIERS OF THE PROPERTY ADJOINING ON THE EAST, OF A THREE FEET WIDE PASSAGEWAY SITUATED EQUALLY ON BOTH LOTS AND EXTENDING NORTHWARDLY FROM EAST SOUTH STREET, A DISTANCE OF APPROXIMATELY 30 FEET. PARCEL NO. 03-21-0320-136 BEING KNOWN AS: 9 East South Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5380 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., As Trustee for OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007- CP 1, Plaintiff (s) From CHERYL E. RUDD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $177,831.87 L.L. $.50 Interest from 12/24/08 to Date of Sale per diem at $29.12 Atty's Comm %, Due Prothy $2.00 Atty Paid $205.00 Plaintiff Paid Date: 12/30/08 (Seal) REQUESTING PARTY Other Costs to be added Curtis R. Lo , ro honot y By: Deputy Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK, McCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 to Tft i" wtww' I #us valo W My twd d sW ri nW 0xvA At eadiab, Pa• cg Supreme Court ID No. 56129 Real Estate Sale # 08 On January 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Carlisle, Cumberland County, PA Known and numbered as 9 East South Street Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 15, 2009 By. J G -??, t, lip PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. i1 784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. v 2141 a Mane Coyne, ditor SWO TO AND SUBSCRI13ED before me this a I day of Mqy, 2009 7 r-?- /'? , K ?? Notary NOTARIAL SEAL D BJRAH A COLLINS Notary Public CARLISLE BOPO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 8 Writ No. 2008-5380 Civil Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2007-CPI, Asset-Backed Certificates, Series 2007-CPI vs. Cheryl E. Rudd Atty.: Michael T. McKeever LAND REFERRED TO in this com- mitment is described as all that cer- tain property situated in City of Car- lisle in the County of Cumberland, and Stat of PA and being described in a deed dated 12/06/2004 and recorded 01/03/2005 in Book 266 Page 4638 among the land records of the county and state set forth above, and referenced, as follows: ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON THE SOUTH by east South Street; on the west by lot now or for- merly of Mrs. Nannie B. Bushman; on the north by lot now or formerly of James McGonigal's heirs; on the east by other property formerly of the Estate of Charles C. Hoffer, deceased having a frontage on East South Street of 17.63 feet and extending at even width to depth of 60 feet and improved with a two story brick dwelling house known as No. 9 East South Street. TOGETHER with the use in com- mon with owners and occupiers of the property adjoining on the east, of a three feet wide passageway situated equally on both lots and extending northwardly from East South Street, a distance of approximately 30 feet. PARCEL NO. 03-21-0320-136. BEING KNOWN AS: 9 East South Street, Carlisle, PA 17013. The Patriot-News Co. 812'Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ttie Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn toland dbscribed before me this 12 day of May, 2009 A.D. i Notary Public COMMONWEALTH OF PENNSYLVANIA =?totariai S??I Sherne L Kisnee, Nclary Public City Of Harrisbury, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 08 Writ No. 2008-5380 Civil Term Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2007- CP1, Asset-Backed Certificates, Series 2007-CP1 VS Cheryl E. Rudd Attorney Michael T. Mckeever LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF CARLISLE IN THE COUNTY OF CUMBERLAND, AND STAT OF PA AND BEING DESCRIBED IN A DEED DATED 12/ 06/2004 AND RECORDED 01103/2005 IN BOOK 266 PAGE 4638 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED, AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE SECOND WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY EAST SOUTH STREET, ON THE WEST BY LOT NOW OR FORMERLY OF MRS. NANNIE B. BUSHMAN; ON THE NORTH BY LOT NOW OR FORMERLY OF JAMES MCGONIGAL'S HEIRS; ON THE EAST BY OTHER PROPERTY FORMERLY OF THE ESTATE OF CHARLES C. HOFFER, DECEASED HAVING A FRONTAGE ON EAST SOUTH STREET OF 17.63 FEET AND EXTENDING AT EVEN WIDTH TO DEPTH OF 60 FEET AND IMPROVED WITH A TWO STORY BRICK DWELLING HOUSE KNOWN AS NO.9 EAST SOUTH STREET. TOGETHER WITH THE USE IN COMMON WITH OWNERS AND OCCUPIERS OF THE PROPERTY ADJOINING ON THE EAST, OF A THREE FEET WIDE PASSAGEWAY SITUATED EQUALLY ON BOTH LOTS AND EXTENDING NORTHWARDLY FROM EAST SOUTH STREET, A DISTANCE OF APPROXIMATELY 30 FEET. PARCEL NO. 03-21-0320-136 BEING KNOWN AS: 9 East South Street. Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which OPTION ONE MTG LOAN TRUST 2007-CPI TR is the grantee the same having been sold to said grantee on the I OTH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 30TH day of DEC, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5380, at the suit of OPTION ONE MTG LOAN TRUST 2007- CPI TR against CHERYL E RUDD is duly recorded as Instrument Number 201011358. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. vC C r- Co -- ?' ? Recorder of Deeds an* ftdftFA ?- Ny ??q(?t11o?1t?M?.?11 ;l GOLDBECK McCAFFERTY & McKEEVER Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX 75063 vs. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 08-5380 Z5 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment in the above matter satisfied of record. By: GOL CK CAFFE Y & MCKEEVER Michael Mc eever a. 56129 Gary McCafferty Pa. ID 42386./' Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 4 /1 //zip Ri f elo C14fh Rm GOLDBECK McCAFFERTY & McKEEVER Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CP 1 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. CHERYL E. RUDD (Mortgagor(s) and 9 East South Street Carlisle, PA 17013 Record owner(s)) IN THE COURT OF COMMON PLEAS of Cumberland County No. 08-5380; :tea ?s PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. By: GOL 'NqCj?,ACCAFFERTY MCKEEVER Michael Mc /Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff KML LAW GROUP, P.C. Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A, AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-CPI ASSET-BACKED CERTIFICATES, SERIES 2007-CPI 4650 Regent Blvd Irving, TX vs. CHERYL E. RUDD Mortgagor(s) and Record Owner(s) 9 East South Street Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -v 3 Term m No. 8-5380=rn ° r'a ° C 6 -, Cz> C ) r7l -C (Ji PRAECIPE TO AMEND SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: The judgment in the above matter having been satisfied on June 10, 2009, kindly mark the judgment in the above matter satisfied of record. By: L L GROUP, P.C. ,AI i144ichael McKeever Pa. ID 56129 ' Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff