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HomeMy WebLinkAbout11-4979UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadin2s*udren.com SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. LAWRENCE P. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 SANDRA L. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 Defendant(s) C7 ...? Q mco ? ma m r= ern BCD o° ? =-n ?? ? o (D-n ` ? 57> c c? r r i -? `{ -? COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 1 - L4 1 -) I b vi? 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 ORrI NO FEE. ?`JJ aaf *4a-4b r°'4l? ck IN7/ 0? D 5 ryo ATTORNEY FOR PLAINTIFF LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 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 I. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiffs favor: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Equifirst Corporation Assignee: SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC Date of Assignment: Recorded Date: Book/Instrument #: Page: 2. Upon information and belief Defendant(s): Lawrence P. Diehl & Sandra L. Diehl (hereinafter "Defendants"), are the owners of property located at 8 E. Manor Avenue, Enola, PA 17025, by virtue of Deed dated 03/09/2004 and recorded 03/24/2004 in Official Records Book 262 at Page 986 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 07/02/2007, Defendant(s): LAWRENCE P. DIEHL & SANDRA L. DIEHL promised to pay to the order of Equifirst Corporation, the principal sum of $148,500.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 07/02/2007, Defendant(s): LAWRENCE P. DIEHL & SANDRA L. DIEHL to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Equifirst Corporation, the Property which is the subject of this action. The Mortgage was recorded on 07/06/2007 in Official Records Book 1998 at Page 4518. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 06/01/2009, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $146,473.15 Accumulated interest $26,692.17 Accumulated Late Charges $176.04 Escrow Deficit/(Reserve) $5,087.78 Title Report $300.00 Attorney Fees $1,300.00 Misc Suspense Balance $-10.00 Property Inspection $52.50 Property Valuation $222.00 Prior Servicer Fees $372.16 Maintenance $900.25 Grand Total $181,566.05 The above figures are calculated as of 06/03/2011: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 8.80000 %. The per diem interest accruing on this debt is $35.14 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $58.68. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage, The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $181,566.05 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY:.y ?.. Daniel S. Siedr.-F! n F7qiji?'e PA Iii s; Legal Description: Bcimg Pwxl No, 09-15-1291=239 Ex)n`bk A - End Of Report February 4, 2011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE EXHIBIT A This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may '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 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies -your Countv are listed at the end of this Notice If you have any questions, you may call the Pennsylvania 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 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, PUES 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 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Lawrence Diehl Sandra Diehl _ _ 8 East Manor Ave???W-?-___.__.___.______.___..__.._. Enola, PA 17025 706420536 Eguifirst Co ration Sabr Mortgage Loan 2008-1 REO Subsidiarry1, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAIATST YOUR PROPERTY, . AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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.) HOW TO CURE YOUR MORTGAGE DEFAULT Brim it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 8 East Manor Ave Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Montt Payments of $1 84.69 for June 1,2009 thro hu h February 1 2011 =. $29078.49_ Monthly Late Charges of $58.68 for June 1, 2009 through Feb_ rnary L.2010 _ $176.04_ Other charges (explain/Itemize): Escrow Advance =$3,321.92 Property Inspection = $21.00 Property Maintenance fees = $67050 TOTAL AMOUNT PAST DUE: $33267.95 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A 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 $33,267.95, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road. Suite 200 Cherry Hill. NJ 08003-3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.): N/A 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 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, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by raying the total amount then past due plus any late or other charges then due reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing lithe lender and by performing any other requirements under the Mort gage. 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 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 LENDER: Name of Lender/Servicer: Ocwen Federal Bank Address: 12650 Ingenuity Drive Orlando, FL 32826 8 Phone Number: 877-596-8580 Fax Number: 407-737-5693 Contact Person: Customer Service E-Mail Address: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may 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. 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 as 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, N3 08003-3620 (856) 669-5400 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. CONSUMER CREDIT COUNSELING AGENCIES. SERVING YOUR COUNTY Cumberland County HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM - vvuo%y roan gaiuo nousrng AwmorRy 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Unglestown 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 ¦ Complete Items 1, 2, and 3. Also complete A. Sfgnw.. fa pram Y ur nametand address on the verse x ? Agent Attachtthiwe can return the card to you. s card to the back Of the m0piece, O Addressee 13. Received by (Printed Name) C. Date of Delivery or on the front If space permlts. 1. Article Addressed to: D. Is delivery address different from item 1 ? 0 Yes If YES, enter delivery address below: 0 No r"% cL h o r N Ai c E notq, PA 1-7o-ZS' 3. Servloe Type Ceruffed Mail 9 Express Mail Registered Return Receipt for Merchandise 0 Insured Mall C.O.D. ... 4. Restricted Delivery? (Extra Fee) n _ n (transfer from swwce fabe# _ 7010 1870 000 2 169L 72L9 l'S Form 3811, February 2004 ` Domestic Return Receipt -- -- - - --- - 102595-02-- M-1540 UDR9N LAVA OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD CHERRY HILL, NJ 08003 NIYIIAIIUhVnllial?llllllMlb L C.C. P D;??, t ?, ( 10.h(yY A E nolc?, PA l- 0-L W 6H265,19216 t 05.E a atf ; .0 "0 4 It 2 (" I'l '.? US POS f°AGW ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1_ Article Addressed to: A. Signature ? Agent x ] Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item t? 0 Yes If YES, enter delivery address below: ? No E /? a .nor l4? e 3. ?Se,r^vi_c+e Type A t Cr2i? 1°'"?`? Mail O Express Mal' t r O) a . ? Registered X Return Receipt for Merchandise ? Insured Mail C7 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7010 1870 0002 1696 7245 (Transfer from service Nabs!) t-o2595-02-ta•1540 Domestic Return Receipt PS Form 3811, February 2004 UbREN LAW OFFICES, P.C. Sb2L 9697 2000 0L9T OTOL WOODCREST -- ORPORATE CENTER 111 NNOM;RFST ROAD i CHERRY HILL, NJ 08003 016H2 6519216 . $ 05.7 ~ to C, ,2 tea 2011 . R4ailed moor 08003 t l1 ?+ ??tt LIS 3' 73OSrl AGF SOLV%j, ? ? M a,,, o > Awe F nvla' PA" t?o2S .. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: A. Signature x ? Agent 13 Addressee B. Received by (PrMfed Name) C. Date of Delivery D. Is delivery address different from Rem 1? 13 Yes If YES, enter delivery address below: 0 No L d w C t r- rP a t-, k I RCP 3. oe Type Cc, p N; ?t , Q 1 7'101 j cerufi Me,I ,F,Wess Man 13 Registered Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7010 1870 0002 1696 7282 (Transfer from service isbeo ------------ _-_---..-.-_..___......_..._____.__._..._.. ?_- i PS Form 3811, February 2004 Domestic Return Receipt 102595-024+1540 1 "uuu uLti'L UTU UDREN LAW OFFICES, F.C. WOODCREST ORUp ° r` CENTER 111 WOODCRES'T ROAD ? i CHERRY HILL, NJ 08003 i 1''Fr A. ` r'' j E5 Tct='? $ 05.710 L18 POSTP?4'F eW Rd P4 P)OC)i G a Complete Iterne 1, 2, and 3. Also complete 4 if name Delivery Is desired. • Print your r name and address on the reverse so that" can return the card to you. ¦ Attach this card to the back or on the front it space e r of the mailp!ece, Permits. 1. Article Add ressed s4-%cjvc, j_ ?ie1?1 12.0 ?cc_?;??CQ J k Signet X 0 Agent B. Received by (Printed Name) 17- -yes C. Date of Delivery D. is dellyery address deff If YES, enter deliv different from item 7 Yes address below: ? No 3. pN;?? ??A I-joa j Service erti„ a,r tJ Registered Express Mali insured Mal! Return Rece,Pt for Merchandise C.O.D. 2. Article Number 4. Restricted Delivery? (Transfer from service labeo 7010 (Extra Fee)Yes, PS Form 38111 Feb --? 12`fib 7238 February 21)04 Y-..` Domestic Return Receipt '0259-5-0244-1540, • WREN LAW OFFICES, P.C. 9E2?. 9691 2000 0499 02az WOODCREST CORNOPATE CENTER 111 WOODCRESI ROAD i CHERRY HILL, NJ 08003 ;;,?''?'{;,? •r f ? i iy?? F r t?k?, • t 50.vtiC?-r0. 1_ ?1 eJ?? / 2.4 bac." G, LC.A P rj Campg;tt, eA L7001 057 1 D2 04/2011 L It VERIFICATION The undersigned, hereby states that he/she is the attorney for the Plaintiff, that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents. The statements made in the foregoing pleading are true and correct to the best of his/her information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P: BY: i?? , Daniel S. Siedman, Esquire PA ID 306534 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 C? STUART WINNEG, ESQUIRE - ID #45362 c -TI LORRAINE DOYLE, ESQUIRE - ID #34576 m -- =-n ALAN M. MINATO, ESQUIRE - ID #75860 Zm C= r SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 r, o° MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ?'Z s° DANIEL S. SIEDMAN, ESQUIRE - ID #306534 r eta y ©-n HEATHER RILOFF, ESQUIRE - ID #309906 ?C o ) SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinzs(Dudren.com SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. LAWRENCE P. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 1 l- L7 ! 7 1 & "c( SANDRA L. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire; Heather Riloff, Esquire, Shemese V. Woodbine, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFIC BY:- D7riiF Esquire C ,E SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF r THE PROTHONOTARY Jody S Smith 2011 JUN 29 AM 9-' 21 Chief Deputy I { Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC Case Number vs. Lawrence P. Diehl (et al.) 2011-4979 SHERIFF'S RETURN OF SERVICE 06/20/2011 03:58 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2011 at 1558 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lawrence P. Diehl, by making known unto Lucas Diehl, Son of Defendant at 120 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the MICHELLE GUTSHALL, DEPUTY 06/20/2011 08:17 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lawrence P. Diehl, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lawrence P. Diehl. Request for service at 8 E. Manor Avenue, Enola, Pennsylvania 17025 has been vacant for the past two years. Lawrence P. Diehl currently resides at 120 Deerfield Road, Camp Hill, Pennsylvania 17011. M I MICHELLE GUTSHALL, DEPUTY 06/20/2011 03:58 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2011 at 1558 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra L. Diehl, by making known unto Lucas Diehl, Son of Defendant at 120 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. M CHELLE U SHALL, DEPUTY 06/20/2011 08:17 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sandra L. Diehl, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Sandra L. Diehl. Request for service at 8 E. Manor Avenue, Enola, Pennsylvania 17025 has been vacant for the past two years. Sandra L. Diehl currently resides at 120 Deerfield Road, Camp Hill, Pennsylvania 17011. MICHELLE GU TY i C' Jo1.1MYSUile yhentf. Teeosctl Inc SHERIFF COST: $116.00 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF :..) CrnmtySultel Sher 'f. IeIeoso4l Inc J 4- I HE P OTNONO W?ORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER012 JUL 26 AM 10:53 111 WOODCREST ROAD, SUITE 200 CUMBERLAND COUNTY CHERRY HILL, NJ 08003-3620 PENNSYLVANIA 856-669-5400 Ple#djngs@,udren.com SABR MORTGAGE LOAN 2008-1 REO CO IRDO CONMON PLEAS SUBSIDIARY-1 LLC Plaintiff Cumberland County V. MORTGAGE FORECLOSURE LAWRENCE P. DIEHL 120 DEERFIELD ROAD NO. 11-4979 CAMP HILL, PA 17001 SANDRA L. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 Defendant(s) PRAECIPE TO SUBSTITUTE 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: July 20, 2012 UDREN LAW OFFICES, P.C. BY: ,;'- ? rney for Plaintiff Atto .r .?? ne ? uv?wlh?rl? ? MJU#: 11010162 CASE#: 11010162-1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER. RILOFF, ESQUIRE - ID #309906 SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 11.1 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinss(a?udren.com SABR MORTGAGE LOAN 2008-1 REO ' COURT OF COMMON PLEAS SUBSIDIARY-1 LLC !CIVIL DIVISION Plaintiff , CUMBERLAND County v. NO. LAWRENCE P. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 1.7001 SANDRA L. DIEHL 1.20 DEERFIELD ROAD CAMP HILL, PA 17001 Defendant(s) VERIFICATION The undersigned states that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the 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 tc Date: Name: Title:; M Company: Ocwenoan ervicmg, LLC as sorv On behalf of SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC MJU #. 11010162 CASE #: 11010162-1 -a UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. LAWRENCE P. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 SANDRA L. DIEHL 120 DEERFIELD ROAD CAMP HILL, PA 17001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEASn CIVIL DIVISION -03 Cumberland County Nr MORTGAGE FORECLOSUI = v 'ac'v NO. 11-4979 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: N -?1 r r- rn N C? a+ Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), LAWRENCE P DIEHL; SANDRA L. DIEHL for failure to file an Answer to Plaintiffs Complaint within 20 days from =r.a thereof foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per Complaint Additional Interest Late Charges Per Complaint Additional Late Charges Escrow Per Complaint Title Report Attorney Fees Misc Suspense Balance Property Inspection Property Valuation Prior Servicer Fees Maintenance Grand Total FROM 06/04/2011 06/04/2011 TO 07/20/2012 07/20/2012 $14669473.15 $26,692.17 $114,512.82 $176.04 $762.84 $$,087.78 $300.00 0,300.00 $-10.00 $52.50 ($222.00 $372.16 .25 $19,841.71 3ai in ti a77 ?1 s?iu for d a-? 43 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:' ' Attorney for a- tti wl4en DAMAGES ARE FiE Y ASSESSED AS INDICATED DATE: t ?---= " P Y MN#: 11010162 CASE#: 11010162-1 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE ID #45362 LCO R,RAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID490675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 yJU&U *udrM com SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC CIO Oewen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. LAWRENCE P. DIEHL 120 DIERFIELD ROAD CAMP HILL, PA 17001 SANDRA L. DIEHL 120 DEERFIELD ROAD CAMP 1FWA , PA 17001 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLF_AS CIVIL DIVISION CUMBERLAND County a Q _ ca NO. rYt ? ? c -C ? C ? c can 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 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 you fail to do so the case may proceed without you and a judgment against you. You are warned that maybe entered aggainst 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 NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH LOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT SING 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. _3L I I A 1 frr ! SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor { k QMCE OF TK M AI" SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC VS. Lawrence P. Diehl (et al.) 201 SHERIFF'S RETURN DF SERVICE 06/20/2011 03:58 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states at on June 20, 2011 at 1558 hours, she served a true copy of the wig Complaint in Mortgage Fonecboe re, upon the within named defendant, to wit; Lawrence P. Diehl, by making known unto Lucas Diehl, Son Defendant at 120 Deerfield Road, Camp HUI, Cumberland County, Pennsytvaruaa 17011 its contents and the same time handing to him persons/ the said true and correct copy of the e. /i 06/20/2011 08:17 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to lair, states that hi i made a dNpent search and hxp y for the within named defendant to wk: Lawrence P. Diehl, but was unable to locate him in his ba Rick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lawrence P. Diehl. Request for service at 8 E. Manor Avenue, En , Pennsylvania 17025 has been vacant for the past two years. Lawrence P. Diehl currently res des at 120 Deerfield Road, Camp Hill, Pennsylvania 17011. 06/2012011 03:56 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states tat on June 20, 2011 at 16M hours, she served a true copy of the within Complaint in Mortgage Foredos re, upon the within named delliandent, to wk: Sandra L. Diehl, by making known unto Lucas Diehl, Son of ndent at 120 Desrfold Road, Camp Hit, Cumberland County, Pennsylvania 17011 its contents and at he same time handing to him personally the said true and correct copy of the same. 06/20/2011 08:17 PM - Ronny R. Anderson, Sheriff, who being duly swom according to law, states that ho diligent search and wiry for the within named defendant to wk: Sandra L. Diehl, but was ur locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as to the defendant Sandra L. Diehl. Request for service at 8 E. Manor Avenue, Enola, Pena 17025 has been vacant for the past two years. Sandra L. Diehl currently resides at 120 Deed Camp Hill, Pennsylvania 17011, n ELLE (0 CaOySuiie Sheriff. Teieown irz, made a ble to w not found Road, SHERIFF COST: $116.00 June 27, 2011 SO ANSWERS, RON R ANDI (cl Cmff ySdia Stiff. Ttloo o t. Inc. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ATTORNEY FOR PLAINTIFF SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC Plaintiff V. LAWRENCE P. DIEHL, SANDRA L. DIEHL, ET AL Defendant(s) TO:LAWRENCE P. DIEHL 120 DEE FIELD ROAD CAMP HILL, PA 17001 Date of Notice: July 12, 2011 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 11-4979 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN A PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLI ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA) ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR P OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR L) ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIN LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE( SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NO QCION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO L REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PO NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA AL DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOG.6 D&AEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SU PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA. AVERIGUAR DONDE SE PL CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL yS YOU BE AT A ABLE ACCION ENTRO 3A., SIN CUY, LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE: PURSUANT TO T13E FAIR DEBT COLLECTION PRACTICES ACT, T *S LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN A117EMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C. F UDREN LAW OFFICES, PC. Woodcrest Corporate Center 111 Wooderest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. WOOHCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856.669-5400 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC Plaintiff V. LAWRENCE P. DIEHL, SANDRA L. DIEHL, ET AL Defendant(s) TO:SANDRA L. DIEHL 120 DEERFIEELD ROAD CAMP HILL, PA 17001 Date of Notice: July 12, 2011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 114979 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN A PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YC DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNL: ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA' ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR F OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR L, ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRZ LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY I PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE! SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO L REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PO NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA AL DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGA IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SU PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PL CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 5S YOU BE OPERTY WYER AT ,ET FORTI iA 's ABLE TC ACCION SIN A, CUY, LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, S LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT O COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TH T PURPOSE. Alan M. Minato, Esquire PA ID 75860 UDREN LAW OFFICES, PC. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CIMRY HILL, NJ 08003-3620 856--5400 SARK MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC Plaintiff V. Lawrence P. Diehl Sandra L. Diehl Defendant(s) ATTORNEY FOR COURT OF COMMON PLEAS CIVIL, DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-4979 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Mwer Dal Center for the Defendant(s), that the Defendant(s), LAWRENCE P. DIEHL, SANDRA L.1"DIEHL, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as t1b" $ A" The Affiant lacks sufficient information to be able to determine whether any other Defendants v this action are in active military service because Plaintiff cannot provide date(s) of birth and/or Social Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswprn falsification to authorities. MJU#: 11010162 CASE#: 11010162-1 Attorney for Plaintiff Rftufts as d : Jul-20-2012 08:30:25 Department of Defense Manpower Data Center CRA 2.22 SaWROPW Pummi t to Services Civil R,dief Last Name: DIEHL First Name: LAWRENCE Active Duty Status As Of: Jul-20-2012 AOM Duty Start Dab Ac" D* BW Dose swan 9aNfos Geepo?nt On Ada OIAy On MUM Drily Staaw Data NA NA No '.. NA This response re0eds the oMkiduata' rdWe duty Natty based m ft Acove Duty at1us Deis ' let Active D Ay WOOn 307 Dryad 04ur OWSN/rw Dat Aware Duty8bit Deb MOM Duty End Duke status Owaponent NA NA No NA TNs response refbob where the ordWidual left ac" duty stow %V Mn 3t7 drys pre-&V the Ac" Duty status Dab . The MMrnber or HbAiier tkro was.Nottsd ate Fuhn Ca4lp t Aefive Doty tat kW* DW Stow case Order NollcaW Start Dab OrderNalk"m &W DNe 910bs Senior c-,-- NA NA No NA Thb response relecta whether the WAMduN or hWhw un8 has received emty rofts*m b report for ache duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NO? A, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. rte,, A Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 48M Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly kn as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that t individual is currently on active duty" responses, and has experienced only a small error rite. In the avant the individual referenced) above, or any fa ily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mii" URL: httpJM+ww.defenWink.ntb%Wpis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty tus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 501USC App. § 521 c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual If Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the duty period less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a coo to active servic authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national ernergsnc? declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position n the unit they support. This Includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Re rve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty oommissicx?e?f officer of the U.. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the S RA who would n t be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the U Services pe iods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of seice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCR extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service marrows under the are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 811SQLM911 Department of Defe •nse Manpower Data Center Rbsulb as of: Jul-20-20208:30:47 RA 222 ftw R Puranem to ice mbesa Civil Rehef Act Last Name: DIEHL First Name: SANDRA Active Duty Status As Of: Jul-20-2012 Ac*e D* SAMR DNs ACM Drhr End DD id skin Samoa cart WWM OnAc"OWOnActwaDW taon:Dee NA NA No'. NA This res?ponee relbcb the Mdivi"W active duly vlaWe bsssd on to AdWe Duly stake Data Let Aaive DryWWA W Dqs dAd" OW 91ak0Thus Actrs DNy shit ONe Ai*n Doty.&W Del le Siaue serwom c wonerd NA NA No -.. '?.. NA This response rehab where the Mdk*kmW Ish acbm duty stabrs whW 367 days precedirg the Acbm Duyr shin Date The Member ar iHalFim " WasyisWf W d a feWra GaiJ/plo Ar+the:OWydrAaW+ Duq*'staMrs HMe Order Nodkeb n-SW Dam Order NoWks6on End Date slwrs service component NA NA No ''... NA This response retecb whether the irdrMduel or hbhnr urdt has reoeWed early noWcadon to report for arilve duty i Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, above is the tatus of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NO A'k Public Heat" , and Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty. Alt Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information Indicating that th) individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any ily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by oontecting that person's Service via the "defenselink.mil" URL: http:/1www.defensetlnk.miVfaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty st tus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521 c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherl, the individual le Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for dive duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this oertificMe is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty period less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a cell to active eervi authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard R serve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SACRA who would of be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services nods. Tide 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(dx1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the i`_"Ji',us9va dates of service. Furthemooree, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be ind", but who is not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will muse an erroneous certificate to be provided. Report ID: MI35QDRSN9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-4979 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY- 1 LLC. Plaintiff (s) From LAWRENCE P. DIEHL, SANDRA L. DIEHL (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: $196,841.71 L.L.: $.50 Interest FROM 7/21/2012 TO DATE OF SALE DECEMBER 5, 2012 ONGOING PER DIEM OF $35.14 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $4,849.32 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $255.50 Other Costs: Plaintiff Paid: Date: 8/15/2012 ~~~ David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: KATHERINE E. KNOWLTON, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATION CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 311713 c~~_kD-fJ~ F {~~: ~= -~~~~. ~'R0~'NLINOTAF'~' UDREN LAW OFFICES, P.C: TTORNEY FOR WOODCREST CORPORATE CENT ~ A~~ ~ 5 QM 10' ~~ 111 WOODCREST ROAD SUITE 2t~ CHERRY HILL, NJ 080033620 ~~~ R~At~9 ~ ,~ TY 856-669-5400 Pl~~15'~~V~+ ~ ~- pleadings(a,udren.com SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC Plaintiff v. '~ COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Lawrence P. Diehl Sandra L. Diehl Defendant(s) NO. 11-4979 PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due Interest From 7/21/2012 to Date of Sale December 5.2012 Ongoing Per Diem of $35.14 to actual date of sale including if sale is held at a later date (Costs to be added) © Q' ~{~~~~F ~ ~ lo, a ~, « <, ~}Z. c « ~~ l V. ~° w .r a • sb . so Q :11010162 CASE#: 11010162-1 4.849.32 UDREN LAW OFFICES, P.C. Attorney for Plaintiff Cfx~~-Ine~~ ~e E Kvb~~~~ ~, a•as ~ lam. ~, ~~~ $ 196.841.71 iµ2 9`~ssa ~r~~o~ 2£ ~° i~.CO-Q~~~ IG UDREN LAW OFFICES, P.C. ~`~~ 4'V~~ ~~~~~Q~~~A~~TTORNEY FOR WOODCREST CORPORATE CEN~U~ ~ ~ ~M (~` 5 ~ 111 WOODCREST ROAD, SUITE 2 0 CHERRY HILL, NJ 08003-3620 Ct1h4~E~LAN~ Gt~NTY 856-669-5400 PE`~NSYLVAI~iA pleadings(a~udren.com SABR MORTGAGE LOAN 2008-1 REO COURT OF COMMON PLEAS SUBSIDIARY-1 LLC CIVIL DIVISION Plaintiff Cumberland County v. Lawrence P. Diehl Sandra L. Diehl Defendant(s) MORTGAGE FORECLOSURE NO. 11-4979 CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: ~ Act 91 procedures have been fulfilled [~ Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BYo~~/s~~~ ~- Attorney for Plaintiff ~ic~~!-I~eri rx E ~Yx~wl~!-bra ~ ~~O UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER ~: ~~FD-t1FF7C 111 WOODCREST ROAD, SUITE 200 ~; j r~~ P~Q~~~~~TA~~, CHERRY HILL, NJ 08003-3620 856-669-5400 SABR MORTGAGE LOAN 2008-1 SUBSIDIARY-1 LLC Plaintiff v. Lawrence P. Diehl Sandra L. Diehl Defendant(s) 212 A!!G ! 5 AM !0~ 56 Cumberland County PLEAS MORTGAGE FORECLOSURE NO. 11-4979 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, Plaintiff in the above action, by i undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date Praecipe for the Writ of Execution was filed, the following information concerning the real property lc 8 E. Manor Avenue, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17001 Lawrence P. Diehl 8 E. Manor Avenue Enola, PA 17025 Sandra L. Diehl 120 Deerfield Road Camp Hill, PA 17001 Sandra L. Diehl 8 E. Manor Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17001 Lawrence P. Diehl 8 E. Manor Avenue Enola, PA 17025 Sandra L. Diehl 120 Deerfield Road Camp Hill, PA 17001 at: Sandra L. Diehl 8 E. Manor Avenue Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property td be sold: Jr Lien Holders -None 4. Name and address of the last recorded holder of every mortgage of record: SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders -None Jr Mortgage Holders -None 5. Name and address of every other person who has any record lien on the property: Lower Allen Township Authority Address to Follow Lomas Mortgage Partnership, L.P. Lomas Mortgage Services, Inc. Address to Follow 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 2$1230 Harrisburg, PA 17128-1230 Tenants/Occupants 8 E. Manor Avenue Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in~ the property which maybe affected by the sale: Federal Tax Lien Holders -None Condo/Homeowners Association -None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 49Q4 relating to unsworn falsification to authorities. DATED: UDREN LAW OFFICES, P.C. BY•~ ~ -~~~ tr o Attorney for Plaintiff ~a,~l~n vt~ ~ ~Ciwl IzYj~ ~ s~ MJIJ#: 11010162 CASE#: 11010162-1 QA 1 fl '- 3 ~ l ? ( 3 f' i_~.~3-0~ ~ ii::i:: UDREN LAW OFFICES, P.C. ~~ ~ '~~ t Q"tNflNa~'Ai=' {.ATTORNEY FOR WOODCREST CORPORATE CEI\~$„G 1 ~ AM IO; ~ 6 111 WOODCREST ROAD, SUITE ~~++~~ CHERRY HILL, NJ 08003-3620 CtSM~£RLAND COUNTY 856-669-5400 PEt~NS YLYANi A pleadin$snudren.com _ SABR MORTGAGE LOAN 2008-1 REO COURT OF COMMON PLEAS SUBSIDIARY-1 LLC .CIVIL DIVISION Plaintiff ~'~, Cumberland County v. I MORTGAGE FORECLOSURE LAWRENCE P. DIEHL, SANDRA L. DIEHL ', Defendant(s) NO. 11-4979 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17001 Your house (real estate) at 8 E. Manor Avenue, Enola, PA 17025 is scheduled to be sold at the Sheriff s Sale on December 5, 2012 at 10:00am at the , to enforce the court judgment of $196.841.71, 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 Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reason attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if 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. 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.) j. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmc out the price bid by calling 856-669-5400. 2. You maybe 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 fin out if this has happened, you may ca11856-669-5400. 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 tl Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC Plaintiff v. Lawrence P. Diehl Sandra L. Diehl Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 31291 AND RULE 76 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 8 E. Manor Avenue, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17001 Lawrence P. Diehl 8 E. Manor Avenue Enola, PA 17025 Sandra L. Diehl 120 Deerfield Road Camp Hill, PA 17001 Sandra L. Diehl 8 E. Manor Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ro~ z z~ ° MORTGAGE FORECLOSURE ~p 3 , c o z c+ NO. 11-4979 c ~ ~ ~ a cn -,-, ro oQ ~~ ~, -,-, c~ ~r~z v Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17001 t Lawrence P. Diehl 8 E. Manor Avenue Enola, PA 17025 Sandra L. Diehl 120 Deerfield Road Camp Hill, PA 17001 Sandra L. Diehl 8 E. Manor Avenue Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders -None 4. Name and address of the last recorded holder of every mortgage of record: SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders -None Jr Mortgage Holders -None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders -None Lower Allen Township Authority 2233 Gettysburg Road Camp Hill, PA 17011 Lomas Mortgage Partnership, LP Lomas Mortgage Services, Inc. Managing General Partner 1600 Viceroy Drive, P.O. Boz 226407 Dallas, TX 75235 Lomas Mortgage Partnership, LP Lomas Mortgage Services, Inc. 1600 Viceroy Drive Dallas, TX 75235 ;.. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Real Estate Taz Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania, Department of Revenue Bureau of Compliance - P.O. Boz 281230 Harrisburg, PA 17128-0123 Tenants/Occupants 8 E. Manor Avenue Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Federal Taz Lien Holders -None Condo/Homeowners Association -None I verify that the statements made in this affidavit are true and correct to the best of my 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: ~ l -~ ' ~ 2-, UDREN LAW OFFICES, P.C. B .~~ Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 MJiJ#: 11010162 CASE#: 11010162-1 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 SUBSIDIARY-1 LLC Plaintiff v. LAWRENCE P. DIEHL SANDRA L. DIEHL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION Cumberland Caunty MORTGAGE FORECLOSURE NO. 11-4979 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): LAWRENCE P. DIEHLAND SANDRA L. DIEHL PROPERTY: 8 E. Manor Avenue, Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 12/05/2012 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property, which will be extinguished by the sale. You may wish to attend the sale to protect your interests. The Sheriff will file a Schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. MJU#: 11010162 CASE#: 11010162-1 ?i's- ~~31T A I ~ r~I~-+ ~ ~ -~ ~ t0 07I V~ Of CT A W~ Nf ~ r Nr I Cn I ? W N ~ O ~ ~~ ~ ~ ~ ~ ~ ~ . ~1 !~ i m m i, i I I, m N a ~` 'TI I a~ f y a m fl.~ O ~c I I ~ i a~ ~~ I 3 ~ ~ ro I III, m rn ~ aa ~, ~I A W '. ~ ', O A I C D G (p -~ I ! 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I I ~ ', ~ I ~ i '~ ~ I ~ ~I ~'~ ~ I O ~~ '+ ~ m' ~ ~ ~ I ~ W i ' ~I'~ ill ~ I j ` II f ~ a ~ i ,~ ~ I 41 ~D ~ 3' I I i ~ W I I ~ W~ I ! N _ (710 ~I tl O I O G G I ~ '~ ', ~~ mj I "I~L 016H26519216 j ~ ~ ~! I" a' ' ^~m V~ ,a I, ~' ~ $01.150 ~ ~x ~, - ~ ~.~ _ i 08/20!20 ~2 , ~; ~ q ., ~I ...' _ '~ y (p y ~ tiG ~ ~~ ~ Maned From 08(JO:~ i m I m o ~ ~ ,At - q ~ ' US POSTAGE ~ ~ ~_ "S '~. 0 6 G f! m '~ i ~ ~ m ~ m ~ I ,' ~ ~ --y--. J ~ ~~ n N ~ ~-- z l ommi ~ p _ it C7 m g m io ~ ~ I ,{ i ~ N ~ P 0 ~ ~ p~ m SD ii ~ ~ ~ 4 I ti ~ ~ ~ mm.gm~c3 II ~ II ~ ~ i I ~ I ~ ~c ~~ o o m3g ~ m ~ :; ~ ' °. -. 3~ a ~~~ i ~ ~ ~ ~ i ~ i I 3 m w ~ ~ ~ NI w o C ~ a, ~ i o ' T ~ ~ 3' ~i m m c A~~ I I r m a ~ c x:i m~~c. ~ i ~~3 i t a ~~i~1 m. i ~my.4~3 I ~ i i 3 ~% ~ °' m a ~~ ~, Imo, rn i~ o a ~ ~ ' ~ 3 0~~~ n i ~ ~ d x m m ~ „~ n ~'3 ~ N ~ O N ~ ': ~ ~~ ~ ~ N O ? ~ C TI (n i c~o0 i y i Qoa ~ d N ~_ I N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson SheCiA` ~Q~~nir• of ~aui~r~,,~~~ Jody S Smith .~ Chief Deputy ~` ,~n~~; Richard W Stewart SO~ICItOt' ~``"~~ ~~~ ~~`~~~~ SABR Mortgage Loan 2008-1 REO Subsidiary-1 LLC Case Number vs. 2011-4979 Lawrence P. Diehl (et al.) SHERIFF'S RETURN OF SERVICE 09/27!2012 08:09 PM -Deputy Shawn Gutshall, being duly swom according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale HandbiN in the above titled action, upon the property located at 8 East Manor Avenue, East Pennsboro Twp., Enota, PA 17025, Cumberland County. 10/08/2012 06:04 PM -Deputy Valerie Weary, being duly swom according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sandra L. Diehl at 120 Deerfield Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 10/08/2012 06:04 PM -Deputy Valerie Weary, being duly swom according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be SANDRA DIEHL - SPOUSE, who accepted as "Adult Person in Charge" for Lawrence P. Diehl at 120 Deerfield Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. SHERIFF COST: $939.20 October 19, 2012 SO ANSWERS, ~`~ RON R ANDERSON, SHERIFF ~. , f' ~: ~ ~,~ ~nurtvSuit~ Sh!:~fr. Tile.^sor;. ~a~;:. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 SABR MORTGAGE LOAN 2008-1 REO SUBSIDIARY-1 LLC ' Plaintiff v. LAWRENCE P. DIEHL SANDRA L. DIEHL, Defendant(s) ATTORNEY FOR PLAINTIFF c-,~ c a ~ ~ -r~3 ~ "" ~ ~ s ~ ~ ~- COURT OF COMMON PLEAS ~ CNIL DIVISION Cumberland County p a 3 ~ ' MORTGAGE FORECLOSURE v~ :- --i~ ~ NO. 11-4979 ~`• AFFIDAVIT OF SERVICE PURSUANT TO Pa.RC.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriffs Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt'is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ~~ _ ~- ` ~~"- UDREN LAW OFFICES, P.C. BY: ~_ ~ _- Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 MJLJ#: 11010162 CASE#: 11010162-1