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HomeMy WebLinkAbout09-3258 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ;/ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingeMudren.com Ocwen Loan Servicing, LLC COURT OF COMMON PLEAS 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 Plaintiff E Cumberland County V. Edward R. Weibley Christina M. Weibley NO. 04 ?' v ?? V l• 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 P' AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 R 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Ocwen Loan Servicing, LLC 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: 502 Zion Road a/k/a 65 Zion Road MUNICIPALITY/TOWNSHIP/BOROUGH: South Middleton Township COUNTY: Cumberland DATE EXECUTED: 3/22/06 DATE RECORDED: 3/24/06 BOOK: 1944 PAGE: 2039 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: E 61 1 (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 4/16/09: Principal of debt due $99,202.25 Unpaid Interest at 6.875% from 10/1/08 to 4/16/09 (the per diem interest accruing on this debt is $18.57 and that sum should be added each day after 4/16/09) 3,679.80 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $244.19 and that sum should be added on the first of each month after 4/16/09) 224.12 Late Charges (monthlyy late charge of $33.50 should be added in accordance with the terms of the note each month after 4/16/09) 67.00 Suspense Balance (558.95) Property Inspection 21.00 Prior Servicer Fees 90.00 Attorneys Fees (anticipated and actual to 5t of principal) 4,960.11 TOTAL $108,290.33 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. e V 1 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 $108,290.33 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• 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 ---ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE I- EXMIT "A" -W THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected Situate in the Townshi of South Middleton, County of Cumberland, and Commonwealth of Pennsylvania and bound;d and described as follows, to wit: SEG11MING at a point on the line Of the Rarrisbu Railroad Company, in the said Township of South Midddletottthence South along said line, 53S feet to a point in the public road feet ito another Craighead to Mount Holly Springs: thence West 10 formerly 8point on aforesaid public road to the lands now _ rge Tauger, thence North along the mriddle of thenthe landsnofttheasame now feet o tome the Placeogfe Ta?nger; BFsGINNINC . CONTAINING 100 perches, more or leas, and being improved with a two story frame house and outbuildings, whzch have the mailing address of 65 Zion Road, Carlisle, Pennsylvania 17013. BEING COt 4Ty PARCML NO. 40-11-0286-037. BEING the same premises which M. Stanley Weibley, Trustee by Dead dated February 1, 2000 and recorded in Cumberland County, in Deed Book 218, page 1087, conveyed unto Edward R. Wgiblay. April 17, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 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. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO 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 PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT A Page 1 of I HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Edward R. Weibley Christina M. Weibley........ __.--.-._-- 502 Zion Road Carlisle PA 17015 _ Zip code incorrectly stated on mortgage as 17013 70322854 _ Countrywide Home. Loans, Ing........... __.__?____._ Oewen Bank HOMEOWNER9S EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOIT MAY RF. ELIGIBLE FOR FiNANCiAi. ASSISTANCE. WHICH CAN SAVE. YOUR HOMF, FROM FORECLOSURE AND HELP YOU MAKE. FITTITRF. MORTGAC.F. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTD), 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 FORF.CLOSITRF. - 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 Gface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS NWETiNG MITST OCCITR WITHIN NOTICE. C:AT.T.ED DHOW TO C:TTRF YOUR MORTGAGE T)E.FATTT.TO, FXPLAiNS HOW TO BRING YOT TR MORTGAGE. T IP TO DATF._ CONSITMF.R 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 telenbnne numbers are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediate of your intentions. APPLICATION FOR MORTGAC-F. ASSiSTANCF. - 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 Page 2 of 2 ' 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. YOU MIJS 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 Mortgage Assistance.) NATURE OF THE, DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 502 Zion Road Carlisle PA 17015 Zip code incorrectly stated on mortgage as 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: _MontWvPaents of 914.26 for November 1 2008 through Aril 1.2009__=._$5485.56 _Monthl Late_Charges.of $33.50 for_November 12008 through AFril.l,_2009 = 67.00 Other charges (explain/itemize): Other Fee = $90.00 Property Inspections = $21.00 Suspense = ($585.95) Escrow AdvaRPe..=..$224.12 ........_._..._ .._..........__._....._.........-_..----............. TOTAL AMOUNT _PAST DUE.; S$301-7-3.._. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicahle): DU HOW TO CITRE, THE DE,FAITT,T - 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 SS'301-7-3-7'3- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment; mast he made either by cash, cashier's check, certified check or money order made pn3mhle and sent to, Page 3 of 3 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 applicahle3: I1j((A IF YOU DO NOT CURE THE DF.FAITLT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise ky. rights to accelerate the mortggge 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-mortgageNrope 1F THE. MORTGAGF. IS FORF.Ci.OSFD 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 begins 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, yon will not he 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. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO GYRE 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, ym still have the right to na_3dng h . total mo mt th .n st do .,121i any late or other charges then due, reasonable attorney's fee-, and costs connected with the foreclosure gale and any other costs connected with the Sheriffs Sale as s=ifed in writing by the lender and by nag any 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. FARi IFF.ST POSSiBLE SHERIFF'S SAi,F, DATF. - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 6 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. HOW TO CONTACT THE iYNDER: Name of Lender/Servicer: _Ocwen_Bank __. _..___....................... __._____._............... _.-_. Address: 12650 Integrity Drive Orlando FL 32826____...._...._._._.---._._._...._._._._ ............._._._....-.-..______-.---.--._...--.-----_........ Phone Number: 877-596-8580._..................... ------.......................... _................. ._...---- ............................ Fax Number: 407-737-5693._...._...._ ................... ------._._...-----------._._._._...-----....... __........................ - -.---..................... - Contact Person: Customer Service EFFECT OF SHERIFF'S SAL - 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. ASSTRUPTiON OF MORTGAGF. - You may not 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. Page 4 of 4 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 Page 5 of 5 ti 1 , 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. Page 6 of 6 ., + HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 .- ? , . C A O a? -4rr ZW , ? -0 A .? ---- - OFFICIA L UV tr tT 1r D ' : ? P osta e S M1 N g 0 O O CertNied Fee O O G C3 Retum Receipt Fee Postmark Here C3 ; O (EndoBementRequiced) C3 O Restrk tad DeOvery Fee Q O (15ndorsement Required) ru r3 , ru O Total Postage & Fees m m O er_er_er. O Sent o " 1Ka S`treet ---- - - - -------------- M - C r- , or PO SoxNZ?%21 Z r .. -- -------- - .; . .. 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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• Attorneys for 1 iff MARK J. UDREN, S IRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE i • • w I I' r: { I _ I' v 78. SD t2.,5sss Sheriffs Office of Cumberland County R Thomas Kline ('$00tr of cembstq? Edward L Schorpp Sheri Solicitor Ronny R Anderson's Jody S Smith Chief Deputy OFIFJOE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 09:16 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 200 at 2116 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Edward R. Reibley, by making known unto Christina I,Reibley, wife of defenda t at 502 Zion Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same ti a handing to her personally the said true and correct copy of the same. 05/22/2009 09:16 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 200 at 2116 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christina M. Reibley, by making known unto herself personally, defendant at 502 Z on Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: May 26, 2009 2009-3258 Ocwen Loan SO ANSWERS, ???I?•??IC .a1?w?.f R THOMAS Kl TE, SHERIFF n Servicing v Edward Reibley C3 r-IJ, ru co Cr j CO UDREN LAW OFFICES, P.C. .MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITB 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff v. Edward R. Weibley Christina M. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-3258 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES, TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Edward R. Weibley and Christina M. Weibley for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: • As set forth in Complaint $108,290.33 Interest Per Complaint 1,262.76 From 4/17/09 to 6/23/09 Late charges per Complaint 67.00 From 4/17/09 to 6/23/09 Escrow payment per Complaint 488.38 From 4/17/09 to 6/23/09 TOTAL 5110,108.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY: Attorneys ~fox'~laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE : ~~la~ INDI ED P O PROTHY t r ~vDAaa~ L~,x oaalcaa, P.c. wu~ J. onA>ar, aB~vIAE - m #o43os sro~-AT xla~raa, seQIIIAi - za #45362 t+0AE71Z~ DOYLa, B;SQOIR! - m $345?6 AL~i ~[. 1~-TO, E8~DI1CE - Ia ~9s86o CS7IEDA~- K. ]-ffiaL11, aSQIIIA= - ID X203437 LOOIS ~-. $Ii10NI, iBQDIRE ID 1~Z00869 o/AD111[ L. ~1Ya8, EBQIIIAE - ID X86408 DWtAO~tITa L. TR01ii1g, 38Q~GIRB - ID #204460 NOODCR38T COA~+OAi-T6 C6'dITaB, Z1I 910ODCR=ST ~D, SIIITS 200 CSaA1tY ffiLL, bTJ 08003-3620 856-669-5400 .nom Ocwen Loan Servicing, LLC 12650 ingenuity Drive OrlandA, FL 32826 Plaintiff v. Edward R. Weibley Christina M. Weibley 50'2 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Defendantis) AR'PORNSY aOa PI~li1IIATia1! COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 04 - 3.58 ~~~~~ ~~ COMPLAINT SN MORTGAGE FORECLOSURR YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty t20) days after this Complaint and Notice are served, by entering a written appearance personally ar by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may .proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.. You may lose money or property or other rights important to you. YOII SSOIILD T71~ TSI$ P11PaR TO Y~OQA L1-IfYEA 11T 01NCa. IF YOD DO l~iOT 81-11a 11 Ll11fXa1! 00 TO OA T3LaP8C0A'Z TSi OFFICa $aT FOlZTB SELON. THI$ OFFICE CAS pAOVIDa YOII NITa IMOR~Si-TICM~ ]1DODT SIRILfG Jl I.AIPYER. IF YOII G11880T AF!'ORD TO 8IA! !~, LJ-11YaR, . TSI$ OFaICa 1t11Y SE 118I+E TO PROVIDE YOII NITS I~ia0EW1TION ~180II+1' A~CIES TEAT I[71Y OaaaR La0~1L SaAVtcse TO ELIOI9La PEA80li8 1-T A AIDIICaD Fan oA pro Faa. LAWXSR$ REFERRAL ssRVZCE ~,: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARKEMA, ESQIIIRE - ID #203437 LOIIIS A. SIMONI, ESQIIIRE - ID #200869 ADAM L. KAYES, ESQIIIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 l~~ nQsCe~~dren _ c±om Ocwen Loan Servicing, LLC Plaintiff v. Edward R. Weibley Christina M. Weibley Defendant(s) TO: Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Date of Notice: June 12, 2009 IMPORTANT NOTICE ATTORNEY FOR PLAINTII~'F COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-3258 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE NECES DAD DEECOMPARARECERI~TED ENTCOROTEIOIESCUCH.~REPREUBA AI~GUNAD DfCTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO~, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: FIIRSIIANT TO THE FRIR DEEMED TO BE A DEBT COLLECTOR INFORMATION OBTAINED WILL BE ' ON PRACTICES ACT, THIS LAW FIRM IS AN ATTEMPT TO COLLECT A DEBT. ANY ' PURPOSE. STUART~WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -LOUIS A. SIMONI, ESQQ IRE 'ADAM L . KAYES , ESQi~IRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRB - 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF Ocwen Loan Servicing,,LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County Edward R. Weibleyy Christina M. WeDefendant(s) NO. 09-3258 TO: Christina M. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Date of Notice: June 12, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YO{JR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCH'AR PREUBA ALGUNA DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO~, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR TT~~'''"I'~"YaN ATTEMPT TO COLLECT A DEBT . ANY INFORMATION OBTAINED WILL BE SEDyFO$~`THAT/PURPOSS. STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUppIRE ~C"'LOUDIS AM SIMONMIA~ESQL7IREE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest goad, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDRSN, ESQIIIRS - ID #04302 STUART WINNEG, ESQIIIRB - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, SSQQIRB - ID #203437 LOIIIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITB 200 CHERRY HILL, NJ 08003-3620 Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Edward R. Christina 502 Zion Road Carlisle, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE No . ~~ - 3~5 8 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Florida COUNTY OF Palm Beach SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendants} are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Edward R. Weibley Over 18 As captioned above Unknown Christina M. Over 18 As captione Unknown Sworn to and sut~scribed before me this l1 da of ~ll,n'C 2OU~. o ary c v. Weibleyy M. Weibley toad a/k/a 65 Zion PA 17015 Defendant (s ) Weibley d above ame: ev n a son Title: Manage Company: Ocwen Loan Servicing, LLC ~""""'~ MARIA ALVAREZ MY COMh•DSSION M DD8723S8 EXPIRES: March 19, 2013 t-800. -NO'tA&Y Fl~ ~Y Awoun4 Afam. Co. ~ ;~ ~,,.,T'~. ~I ;~c 8p ~ l .... Pd ~~y-ab ~r+~ Br ~ ~33~r~ ~~~ d'~sy ~~~ ~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, BSQUIRE - ID #45362 LORRAINE DOYLE, BSQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCRSST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley Christina M. Weibley =NO. 09-3258 Defendant(s) TO: Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Jug Judgment Judgment Judgment Judgment Judgment figment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 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 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Ocwen Loan Servicing, LLC €COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v• 'Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley NO. 09-3258 Christina M. Weibley Defendant (s) TO: Christina M. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Ju Judgment Judgment Judgment Judgment Judgment dgment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY_ Mark J Udren Esquire _ At this telephone number: 856-669-5400 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 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udrea.com Ocwen Loan Servicing, LLC 'COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION 'Cumberland County v. Edward R. Weibley Christina M. Weibley `NO. 09-3258 Defendant (s ) PRAECIPE TO SiJBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: June 23, 2009 UDREN LAW OFFICES, P.C. BY: „~~ Attorneys f aintiff MARK J. UDREN, ESQUIRE STUART WINNEG,. ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE . , V E R I F I C ,A T O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification an behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Edward R. Weibley Christina M. Weibley Loan #70322854 MJU #09040107-1 N Ti Company: Ocwen Loan Servicing, LLC After Recording Return to: eTitle Insurance Agency 3269 South Main Street, Suite 100 Salt Lake City, UT 84115 Case No. 09-732701NHA Case No. 08-6362 Parcel 1D #: 21-17-252-025 (Space above for County Recorder's use) SUBSTITUTION OF TRUSTEE eTitle Insurance Agency, 3269 South Main Street, Suite 100, Salt Lake City, Utah 84115, is hereby appointed successor trustee under the trust deed executed by Ronald Stoddard, as trustor, in which Mortgage Electronic Registration Systems, Inc. as nominee for ResMAE Mortgage Corporation, its successors and assigns is named as beneficiary and Title West Title Company as trustee, and filed for record on December 15, 2006, with recorder's entry No. 9941942, Salt Lake County, Utah. The •• undersigned beneficiary hereby ratifies and confirms all actions taken on its behalf by the successor trustee prior to the recording of this instrument. The Trust Deed covers the following described real property situated in Salt Lake County, Utah: Lot 64, WILLOW BAY N0.4, according to the official plat thereof, as recorded in the Office of the Salt Lake County Recorder. DATED: -' ~ ~ V- HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-HE4, Asset Backed Pass- Through Certificates, Beneficiary By Ocwen Loan Servicing, C its attomey in fact By: Printed Name; Ke 'n M. Jackson Its: Manager State of Florida County of Palm Beach ss. The foregoing instrument was acknowledged before me this 1 day of,~•~i'l~_, 2009 by Kevin M. Jackson a Manager of Ocwen Loan Servicing, LLC its attomey in fact for HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust ~ and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, series 2407 HE4, Asset Backed Pass-Through Certificates. `l ~ „ Notary Public "4e, MARIA ALVAREZ MY COMMISSION 1! DD872338 °~.~ EXPIRES: March 14, 2013 1200.3-N07AItY ~~ Notecy lhecaunt Aatx. Co. _-, c 20~~ ~~,,~ --~ ~~~1 =~~ 17 VV~~~I p ~.: j4r1 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. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley =NO. 09-3258 Christina M. Weibley Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $110,108.47 Interest From 6 24 09 3,138.33 to Date of Sale December 9, 2009 Ongoing Per Diem of 18.57 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. BY: Attorneys ~dr~Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE f-'1! 1009 .~~!€. - 8 Pr°~ ~ ~ ~ 7 t~'C~"v~ ,"v~s`P~x r ~' I ' f. ~d .~~~ .rya ~~y '1r~r1- U U '7 Q •~U d, rt ~~~ ~ ~G ~~ ~1U7~Sb ~+~ a~ dcc~ Cv ~ ~.~ p(,~,a G L UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, BSQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley €NO. 09-3258 Christina M. Weibley Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY: Attorneys foa'~Plaintiff MARK J. UDREN,, ESQUIRE STUART WINNEG,, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 2Qa4 J~~. ~-8 P~ ~ ~ I GU~Y3~,C:._, J~.~~~t n tie i'`~I ~i`,; , ~'~1%-1i`,l~i-~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 3TUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff ECIVIL DIVISION v. ;Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley `_NO. 09-3258 Christina M. Weibley Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: ~ ~~ 7}1_ Attorneys fo"r Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~F THE ~,-,'~~''-'"~' i~`Fi',~;~Y 2009 JAL --$ P#-~ ~~~ 1 ~ ~VA`~'L..i~ ~ i... , ;,,i '~iiJ-~fF~l: 1s~ 1 Sl 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 WOODCRSST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiags@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. €Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley NO. 09-3258 Christina M. Weibley Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Ocwen Loan Servicing, LLC, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 502 Zion Road a/k/a 65 Zion Road, Carlisle, PA 17015 1. Name and address of Owner(s) or reputed Owner(s): Name Address Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Christina M. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None t 4. Name and address of the last recorded holder of every mortgage of record: Name Address Ocwen Loan Servicing, LLC LaSalle Bank, N.A. Members lst Federal Credit Union 12650 Ingenuity Drive Orlando, FL 32826 C/o EMC Mortgage Corp. 909 Hidden Rodge Drive, Suite 200 Irving, TX 75038 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 502 Zion Road a/k/a 65 Zion Road (South Middleton Township) Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 s~elating to unsworn falsification to authorities. J DATED: June 23, 2009 UDREN LAW OFFICES, P.C, BY: _/ Attorneys f laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 2aQ4 Jet -8 F~~ ~~~ 1 ~ c~,j,~~ ~E`ai'v "~.1~~~~~il,~ • 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. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC =COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Edward R. Weibley €NO. 09-3258 Christina M. Weibley Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Edward R. Weibley 502 Zion Road ajk/a 65 Zion Road Carlisle, PA 17015 Your house (real estate) at 502 Zion Road a/k/a 65 Zion Road (South Middleton Township) Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $110,108.47, obtained by Plaintiff above (the mortgagee) against you. If i~he sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGI3TS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: X856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your praperty will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid far your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THS OFFICE LISTED BELOW TO FIND OUT WHSRS YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 FiL~~G-~~~~-~i;~ 20D9 JAL -8 ~~ ~= ~ $' CU~~~ -,. ~ ,.;~~~-;v ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF SOUTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA AND BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE LINE OF THE HARRISBURG AND GETTYSBURG RAILROAD COMPANY, IN THE SAID TOWNSHIP OF SOUTH MIDDLETON; THENCE SOUTH ALONG SAID LINE, 535 FEET TO A POINT IN THE PUBLIC ROAD LEADING FROM CRAIGHEAD TO MOUNT HOLLY SPRINGS; THENCE WEST 10 FEET TO ANOTHER POINT ON AFORESAID PUBLIC ROAD TO THE LANDS NOW OR FORMERLY OF GEORGE TANGER; THENCE NORTH ALONG THE MIDDLE OF THE AFORESAID ROAD AND TO LANDS NOW OR FORMERLY OF GEORGE TANGER; THENCE EAST BY LANDS OF THE SAME 96 FEET TO THE PLACE OF BEGINNING. CONTAINING 100 PERCHES, MORE OR LESS, AND BEING IMPROVED WITH A TWO STORY FRAME HOUSE AND OUTBUILDINGS, WHICH HAVE THE MAILING ADDRESS OF 65 ZION ROAD, CARLISLE, PENNSYLVANIA 17013 BEING COUNTY PARCEL NO. 40-11-0286-037. BEING THE SAME PREMISES WHICH M. STANLEY WEIBLEY, TRUSTEE BY DEED DATED FEBRUARY 1, 2000 AND RECORDED IN CUMBERLAND COUNTY, IN DEED BOOK 218, PAGE 1087, CONVEYED UNTO EDWARD R. WEIBLEY. BEING KNOWN AS: 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 PROPERTY ID NO.: 40-11-0286-037 TITLE TO SAID PREMISES IS VESTED IN EDWARD R. WEIBLEY AND CHRISTINA M. WEIBLEY, HUSBAND AND WIFE BY DEED FROM EDWARD R. WEIBLEY AND CHRISTINA M. WEIBLEY, HIS WIFE DATED 3/13/03 RECORDED 3/19/03 IN DEED BOOK 256 PAGE 756. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3258 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OCWEN LOAN SERVICING, LLC Plaintiff (s) From EDWARD R. WEIBLEY AND CHRISTINA M. WEIBLEY (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 himther that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $110,108.47 L.L. $.50 Interest FROM 6/24/09 TO DATE OF SALE DECEMBER 9, 2009 -ONGOING PER DIEM OF $18.57 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT LATER DATE. - $3,138.33 Atty's Comm Atty Paid $167.50 Plaintiff Paid Date: 7/8!09 (Seal) I~QUESTING PARTY: Due Prothy $2.00 Other Costs TO BE ADDED Curtis R. Lon , rothonotary By: l Deputy Name: LORRAINE DOYLE, ESQ. Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 2019 MAR -~ PM 3~ ~~ i'+tS~tYR OCWEN LOAN SERVICING, LCC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3258 Civil Term vs. . Civil Division EDWAWRD R. WEIBLEY CHRISTINA M. WEIBLEY Defendants ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Udren Law Office, for the limited purpose of representing the Plaintiff to present a Motion for Postponement of Sheriff's Sale to be held on Wednesday, March 3, 2010 until June 2, 2010, in the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: March 2~ 2010 i ~ Dale F. Shug a r. N C. olf Supreme Court I~. 19373 S re Court I.D. 87380 10 West High S eet 1 est High Street Carlisle, PA 17 13 Carlisle, PA 17013 (717) 241-4311 (717) 241-4436 cc: Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Christina M. Weibley 502 Zion Road a/ka/ 65 Zion Road Carlisle, PA 17013 Udren Law Offices, P.C. Attn: Sale Department 111 Woodcrest Road, Suite 200 Cherry Hill, PA 08003-3620 1 3 LJ MaR o ~ Zoo ~, IN THE COIIRT OF COMMON PLEAS OF CUMBERLAND CODNTY CIVIL DIVISION Ocwen Loan Servicing, LLC Plaintiff v. Edward R. Weibley ?NO. 09-3258 Christina M. Weibley Defendant (s) O R D E R AND NOW, this ~ ~ day of March, 2010, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 502 Zion Road a/k/a 65 Zion Road (South Middleton Tawnship)Carlisle, PA 17015, it is hereby ORDSRSD that the said Sale currently scheduled for March 3, 2010, is extended 3 (three) month(s) to the regularly scheduled Cumberland County Sheriff's Sale scheduled for June 2, 2010. No further advertising or additional notice to Iienholders or Defendant(s) is required provided the postponement is announced at the March 3, 2010 Sheriff's Sale. BY THE COURT: J. T0: Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Christina M. Weibley 502 Zion Road a/k/a 65 Zian Road Carlisle, PA 17015 Udren Law Offices, P.C. 111 Waodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department ~,~ ~~ 3~2~,a ~'1 a e n r'S ~; ~~ t+J ,. ~ IIDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, BSQUIRB - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOIIIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleading8®udren.com Ocwen Loan Servicing, LLC €COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION v. 'Cumberland County Edward R. Weibley Christina M. Weibley Defendants} =NO. 09-3258 PETITION FOR POSTPONEMENT OF SHERIFF'S SALE N a rnrn m Z ~ ~~ N W Plaintiff, by its counsel, petitions the Court for a 3 (three) month postponement of the Sheriff's sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's sale of the mortgaged property involved herein, located at 502 Zion Road a/k/a 65 Zion Road (South Middleton Township}Carlisle, PA 17015 was originally scheduled for December 9, 2.009, then postponed to January 6, 2010, due to Plaintiff's moratorium of Sheriff sales, then postponed to March 3, 2010. 2. A 3 (three) month postponement of the Sheriff's sale is necessary to allow Plaintiff to review .the pending Home Affordable Modification Program (RAMP} application. WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff's sale of the mortgaged property be postponed to the June 2, 2010 Sheriff's sale. Dale Sh a ire Local Couns Respectfully submitted, UDREN LAW OFFICES, P.C. BY : ~ ,/ Attorney r Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUA,RT 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 Ocwen Loan Servicing, LLC Plaintiff v. Edward R. Weibley Christina M. Weibley Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-3258 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for the postponement of a Sheriff's sale. In the present matter, the sale has been previously postponed. Plaintiff now seeks an additional postponement to allow time to review (RAMP} application. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a postponement of the sale is necessary. Pa.R.C.P. 31.29.3 (a) allows the postponement of the sale more than once, and without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests continuance of the Sheriff's Sale of the mortgaged premises, located at 502 Zion Road a/k/a 65 Zion Road (South Middleton Township}Carlisle, PA 17015, to the June 2, 2010 Sheriff's sale as set forth in the Motion. Respectfully submitted, UDREN LAW OFFICES, P.C. .~ _ BY: ale Shugh r Esquire Attorneys fo aintiff Local Coun MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE 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 Petition for Postponement of Sheriff's Sale 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.5. Sec 4904 relating to unsworn falsification to authorities. Date: March 2, 2010 <' Dale Local UDREN LAW OFFICES, P.C. BY: Attorneys f`ob` Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DpYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE UDREN LAW OFFICES, -P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINS GAZZARA DOYLS, 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 BILL, NJ 08003-362Q 856-669-5400, pleadings~v.dren.com ATTORNEY FOR PLAINTIFF Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff `CIVIL DIVISION v. ;Cumberland County Edward R. Weibley Christina M. Weibley Defendant (s) NO. 09-3258 CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served true and correct copies of the attached petition far postponement of Sheriff's sale upon. the following person(s) named herein at their last known address or their attorney of record by: xxx x Regular First Class Mail Certified Mail Other Date Served: March 2, 2010 TO: 'Edward R. Weibley Christina M. Weibley 502 Zion Road a/k/a 502 Zion Road aka 65 Zion Road 65 Zion Road Carlisle, PA 17015 Carlisle, PA 17015 ,r UDREN LAW OFFICES, P.C. /!` ale Sh gha , E ire Attorneys for Plaintiff Local Couns MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS ~,.. SIMONI, ESQUIRE .~ S~-IERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ '. Sheriff of ~aa~ Jody SSmith ~~`~~tit~ ~rf ~'~~ Chief Deputy _ L ~ ~ ~ ' ? ._ _ ,. , ~~~ a P~ is:OlP Richard W Stewart .~; k Solicitor }a~~ ~ ~Ft. ~ .4-~~Fr ~"~~ Ocwen Loan Servicing, LLC vs. Case Number Edward R. Weibley (et al.) 2009-3258 SHERIFF'S RETURN OF SERVICE 09/30/2009 05:13 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 9/30/09 at 1710 hours, he posted a true copy of the within Real Estate Writ, Natice, Poster and Description, in the above entitled action, upon the property of Edward R. Weibley and Christina M. Weibley, located at, 502 Zion Road, A/k/a 65 Zion Road, Carlisle, Cumberland County, Pennsylvania according to law. 12/09/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property sale postponed to 3/3/2010. 05/24/2010 Sale Postponed to June 2, 2010 per Order of Court 05/25/2010 Property sale postponed to 6/2/2010. 06/02/2010 Property sale postponed to 8/4/2010. 07/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Udren on 7/22/10 SHERIFF COST: $1,483.88 July 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~ u pCf _ ~t'o / ~o (ci CamtySuit~ SherYf. TeleosoFt_ Inc. .. UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC Plaintiff v. Edward R. Weibley Christina M. Weibley Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-3258 AFFIDAVIT PURSUANT TO RULE 3129.1 Ocwen Loan Servicing, LLC, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located. at: 502 Zion Road a/k/a 65 Zion Road, Carlisle, PA 17015 1. Name and address of Owner(s) or reputed Owner(s): Name Address Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Christina M. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, FL 32826 LaSalle Bank, N.A. Members 1st Federal Credit Union C/o EMC Mortgage Corp. 909 Hidden Rodge Drive, Suite 200 Irving, TX 75038 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 502 Zion Road a/k/.a 65 Zion Road (South Middleton Township) Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: June 23, 2009 UDREN LAW OF/F~ICES, P.C. Attorneys fo laintiff MARK J. UDREN', ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE j ! . 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 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Ocwen Loan Servicing, LLC Plaintiff v. Edward R. Weibley Christina M. Weibley Defendant(s) COURT OF COMMODd PLEAS :CIVIL DIVISION :Cumberland County ;MORTGAGE FORECLOSURE ENO. 09-3258 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christina M. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Your house (real estate) at 502 Zion Road a/k/a 65 Zion Road (South Middleton Township) Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $110,108.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OI+' OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) f ! ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 hap~>ened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid t:o the Sheriff, you will remain the owner of the property as if the sale never. happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid f`or your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within t:en (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC Plaintiff v. Edward R. Weibley Christina M. Weibley Defendant(s) :COURT OF COMMON PLEAS :CIVIL DIVISION 'Cumberland County =MORTGAGE FORECLOSURE €NO. 09-3258 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Edward R. Weibley 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 Your house (real estate) at 502 Zion Road a/k/a 65 Zion Road (South Middleton Township) Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:-00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $110,108.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) f YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set <~side 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within t:en (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYBR AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHSRE YOU CAN GET LEGAL HELP. LAWYSR REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF SOUTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA AND BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE LINE OF THE HARRISBURG AND GETTYSBURG RAILROAD COMPANY, IN THE SAID TOWNSHIP OF SOUTH MIDDLETON; THENCE SOUTH ALONG SAID LINE, 535 FEET TO A POINT IN THE PUBLIC ROAD LEADING FROM CRAIGHEAD TO MOUNT HOLLY SPRINGS; THENCE WEST 10 FEET TO ANOTHER POINT ON AFORESAID PUBLIC ROAD TO THE LANDS NOW OR FORMERLY OF GEORGE TANGER; THENCE NORTH ALONG THE MIDDLE OF THE AFORESAID ROAD AND TO LANDS NOW OR FORMERLY OF GEORGE TANGER; THENCE EAST BY LANDS OF THE SAME 96 FEET TO THE PLACE OF BEGINNING. CONTAINING 100 PERCHES, MORE OR LESS, AND BEING IMPROVED WITH A TWO STORY FRAME HOUSE AND OUTBUILDINGS, WHICH HAVE THE MAILING ADDRESS OF 65 ZION ROAD, CARL-ISLE, PENNSYLVANIA 17013 BEING COUNTY PARCEL NO. 40-11-0286-037. BEING THE SAME PREMISES WHICH M. STANLEY WEIBLEY, TRUSTEE BY DEED DATED FEBRUARY 1, 2000 AND RECORDED IN CUMBERLAND COUNTY, IN DEED BOOK 218, PAGE 1087, CONVEYED UNTO EDWARD R. WEIBLEY. BEING KNOWN AS: 502 Zion Road a/k/a 65 Zion Road Carlisle, PA 17015 PROPERTY ID NO.: 40-11-0286-037 TITLE TO SAID PREMISES IS VESTED IN EDWARD R. WEIBLEY AND CHRISTINA M. WEIBLEY, HUSBAND AND WIFE BY DEED FROM EDWARD R. WEIBLEY AND CHRISTINA M. WEIBLEY, HIS WIFE DATED 3/13/03 RECORDED 3/19/03 IN DEED BOOK 256 PAGE 756. - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-3258 Civil COUNTY OF CUMBERLAND) CIWIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OCWEN LOAN SERVICING, LL,C Plaintiff (s) From EDWARD R. WEIBLEY AND CHRISTINA M. WEIBLEY (1) You are duected 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 $110,108.47 L.L. $.50 Interest FROM 6/24/09 TO DATE OF SALE DECEMBER 9, 2009 -ONGOING PER DIEM OF $18.57 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT LATER DATE. - $3,138.33 Atty's Comm Atty Paid $167.50 Plaintiff Paid Date: 7/8/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs TO BE ADDED urtis R. Lo ro onotar By: Deputy Name: LORRAINE DOYLE, ESQ. Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as, 502 Zion Road, a/k/a 65 Zion Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: ~ ; ~,tC~-~ , Real Estate Coo dina ~ \` ."" V ~ ~~C V V~~~~ •~ -;~' ,~ ~~ J by ^~'~ ti~~. K •i \.,.. t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 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. t Marie Coyne, SWORN TO AND SUBSCRIBED before me this 6 day of November. 2009 i Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. ~p09-3168 Civil Ocwen Loan Servicing, LLC vs. Edward R. Weibley Christina M. Weibley Atty: Lorraine Doyle ALL THAT CERTAIN lot or piece of ground with the buildings and im- provements thereon erected situate in the Township of South Middleton, County of Cumberland, and Com- monwealth of Pennsylvania and bounded and described as follows, to wit: BEGINNING at a point on the line of the Harrisburg and Gettysburg Railroad Company, in the said Town- ship of South Middleton; Thence south along said line, 535 feet to a point in the public road leading from Craighead to Mount Holly Springs; Thence west 10 feet to another point on aforesaid public road to the lands now or formerly of George Tanger; Thence north along the middle of the aforesaid road and to lands now or formerly of George Tanger; Thence east by lands of the same 96 feet to the place of BEGINNING. CONTAINING 100 perches, more or less, and being improved with a two story frame house and outbuild- ings, which have the mailing address of 65 Zion Road, Carlisle, Pennsylva- nia 17013 BEING COUNTY PARCEL NO. 40- 11-0286-037. BEING the same premises which M. Stanley Weibley, Trustee by deed dated February 1, 2000 and recorded in Cumberland County, in Deed Book 218, Page 1087, conveyed unto Ed- ward R. Weibley. BEING KNOWN AS: 502 Zion Road a/k/a 65 Zion Road, Carlisle, PA 17015. PROPERTY ID NO.: 40-11-0286- 037. TITLE TO SAID PREMISES IS VESTED IN Edward R. Weibley and Christina M. Weibley, husband and wife by deed from Edwazd R. Weibley and Christina M. Weibley, his wife dated 3/ 13/03 recorded 3/ 19/03 in Deed Book 256 Page 756. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 7U1e ~lahiot 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; Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 IVlarket 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and ernpowered 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 tlhe office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11 /06/09 Sworn to ands scribed before met is~ 1 ay o ember, 2009 A. D. 1, otary Public _ __..._._. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shsnie L. Kisner, Notary Public I City ~ Hamsburg; Dauphin County ~ Comrrrr3sior Expin^e Nov. 26, 2011 Member, Pennsvlvanra Asr Notaries Writ No. 2009-3250 CIv1lTsrm ncwen Loch Servicing, LLC Vs Edward R. Wsibley Christina M. Wsibley ~, Atty: Lorraine Doyle ALL `THAT CERTAIN LOT OR PIECE OF GROUND Wl'fH THE BUILDINGS AND IlNPROVEMENTS. THEREON ERECTEDa SITUATE IN THE TOWNSHIP OF SOUTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA AND BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON.THE LINE OF HBtdRG ~ G ~~~ 79i1r' SA-m T ~!'F!'fPI~ALONG SA~b L>~ 535 FEET TO A POINT IN THE PUBLIC ROAD LEADING FROM CRAIGHEAD TO MOUNT ,HOLLY SPRINGS; THENCE WEST 10 FEET ' TO ANOTHER POINT. ON AFORESAID PUBLIC ROAD TO THE LANDS NOW OR FORMERLY- OF GEORGE TANGER; THENCE"NORTH ALONG THE MIDDLE OF THE'AFORESAID ROAD ANO TO LANDS NOW OR FORMERLY OF GEORGE TANGER; .THENCE EAST BY LANDS OF THE SAME 96 FEET TO THE PLACE OF BEGINNING. Ct3NTAINING 100 PERCHES, MORE OR :LESS; AND BEING IMPROVID WITH A TWO STORY FRAME HOUSE AND OUTBUILDINGS, WHICH HAVE THE MAII.ING ADDRESS OF 65 ZION ROAD, CARLISLE, PENNSYLVANIA 17013 BEING COUNTY PARCEL N0. -40.11-0286- 037. BEING THE SAME PREMISES WHICH M. STANLEY WEIBLEY, TRUSTEE BY DEED DATED FEBRUARY 1, 2000 AND RECORDED IN CUMBERLAND COUNTY, IN DEED BOOK 218, PAGE 1087, CONVEYED UNTO EDWARD R WEIBLEY. , BEING KNOWN AS: 502 Zion Road a/kla 65 ..Zion Road Carlisle, PA 17015 PROPERTY ID NO.: 40-11,0286-037 ' TITLE. TO SAID PREMISES IS VESTED IN EIbNARD R. WEiBLEY AND CHRISTINA M. WEIBLEY, HUSBAND AND WIFE BY REED FRG~vI EDWARD R. WEIBLEY AND CII4':ISTINA M. WEIBLEY, HIS WIFE DAZED 3113/03 RECORDED 3/19103 IN DEED BOOK 256 PAGI~756. UDREN LAW OFFICES, P.C. ATTORNEY 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 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF Ocwen Loan Servicing, LLC .COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION '_Cumberland County v . Edward R. Weibley Christina M. Weibley €NO. 09-3258 Defendant ;~. j -_!~ z- W' f-5'S ~.-. _y E e! ~: ~"' a~~ r~ C1a i~ rv ~`!+r r_~ ~~ :~ g a=~ ~.' ~_, s° { ~..~ , r ~ ~:.~ ..L~ ~i ~x -t ~' .~~ PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE. DATED: September 1, 2010 M. MI ICES, ~.C. Y ~ A rn MA J ST ?RT MJU#09040107-1 '~"or~~~aixtliff REN, ESQUIRE EG, ESQUIRE YLE, ESQUIRE ATO, ESQUIRE ~RKEMA, ESQUIRE ESQUIRE THOMAS, ESQUIRE ADAM KAYES, MARGUERITE $8.0o PA a~ ~~l~looo ~~a~FBs~o