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HomeMy WebLinkAbout05-1355UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 .com Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) NO. QS- I 3SS (2/UtC,? COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 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 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 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 Ili Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 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: 1231 Claremont Road MUNICIPALITY/TOWNSHIP/BOROUGH: Middlesex Township COUNTY: Cumberland DATE EXECUTED: 03/19/04 DATE RECORDED: 03/24/04 BOOK: 1858 PAGE: 623 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, 5. After demand, the shall be immediately due. Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 3/7/05: Principal of debt due $163,157.33 Unpaid Interest at 7.65°% /04 o to 3/7/05 (the per diem interest accruing on this debt is $34.20 and that sum should be added each day after 3/7/05) 4,343.40 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $202.13 and that sum should be added on the first of each month after 3/7/05) (354.16) Late Charges (monthlyy late charge of $69.82 should be added in accordance with the terms of the note each month after 3/7/05) 209.46 Attorneys Fees (anticipated and actual to 5°% of principal) 8,157.87 TOTAL $176,118.90 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $176,118.90 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL those two certain tracts of land situate in Middlesex Township, Cumberland County, Pennsylvania, bound and described as follows, to wit: TRACT NO. 1: BEGINNING at a post in the center of the Poor House Road adjoining land now or formerly of Jacob Snyder, thence along said road, North 61 114 degrees East, 4 perches to a point in the center of said road adjoining lands now or formerly of George Fulling; thence along said land, North 28 112 degrees West 20 perches to a post in a line of land now or formerly of Clell Ritter, thence along said land, South 61 114 degrees West, 4 perches to a post in the line of said land; thence by same, South 28 114 degrees East, 20 perches to the Place of BEGINNING. CONTAINING 1/2 acre and having thereon erected a 2-story frame dwelling house and other improvements. TRACT NO. 2: BEGINNING at a point in the center line of Legislative Road 21006 locally known as Claremont Road at comer of land now or formerly of Merle D. Barrick and wife; thence along the center of said L.R. 21006, South 71 degrees 02 minutes West, a distance of 15 feet to a point; thence along line of land now or formerly of Simon A. Lehman and wife, North 19 degrees 15 minutes West, a distance of 329.30 feet to a stake; thence still along line of land now or formerly of Simon A. Lehman and wife, North 70 degrees 23 minutes East, a distance of 15 feet to a post at comer of land now or formerly of Merle D. Barrick and wife; thence along said line of land now or formerly of Merle D. Barrick and wife, South 19 degrees 15 minutes East, a distance of 329.48 feet to a point in the center line of Legislative Route 21006, the Place of BEGINNING. CONTAINING 4,941 square feet in accordance with a survey made by Noel B. Smith, R. S., an September 21, 1971. 647/00129834741OP010/11910000000000000 January 12, 2005 David L Calaman 1231 Claremont Rd Carlisle, PA 17013- Homeowners Name: David L Calaman Kimberly M Calaman Property Address: 1231 Claremont Rd, Carlisle PA 17013 Loan Account No.: 0012983474 Original Lender: OPTION ONE MORTGAGE CORPORATION Current LenderlServicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGEPAYMENTS 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 OPO10 (Page I of 9) EXHIBIT A 647/00129 8 34741OP0 10/219/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE- THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org. 11 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP010 021 E l l 647/0012983474/OPOI YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OPO11 016 El l 647/0012983474/OP012/4/9/0000000000000 Re: Loan No. 00 12983474 xw*aax?•mxss+*xx*x?a*?:x*?+xr+ssa*?*szx?•++?»?*e*?xr??xx?a?:?**?r??+x*a NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1231 Claremont Rd, Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 1,365.73 1 MONTHS Oa $ 1,575.62 $ 5672.81 (b) Previous late charges; $ 339.83 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 6012.64 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP012 (Page 4 of 9) 647/0012983474/OP012/5/9/0000000000000 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 $6012.64, 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 send to: Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, FI Jacksonville, FL 32246 Mailstop:II CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP012 022 El 1 647/0012983474/OP013/6/9/0000000000000 Re: Loan No. 0012983474 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. . IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheri ffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OPOI3 (Page 6 of 9) 647/0012983474/OPOI3/7/9/0000000000000 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 SHERIF'F'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 (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP013 019 El l 647/0012983474/OP014/8/9/0000000000000 Re: Loan No. 0012983474 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touehum Rd East Bldg 200 Ste 102 Attn: Ali Khansa Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 Fax Number: 1-866-497-1263 Contact Person: Ali Khansa Office hours: Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday and Saturday 8:00 a.m. to 5:00 p.m. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP014 (Page 8 of 9) 64710012983474/OP014/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. (Page 9 of 9) OP014 021 El l 647/0012983474/OP820/l/9/0000000000000 January 12, 2005 Kimberly M Calaman 1231 Claremont Rd Carlisle, PA 17013- 647/0012983474/OPOIO/1/9/0000000000000 January 12, 2005 David L Calaman 1231 Claremont Rd Carlisle, PA 17013- Homeowners Name: David L Calaman Kimberly M Calaman Property Address: 1231 Claremont Rd, Carlisle PA 17013 Loan Account No.: 0012983474 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Service: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGEPAYMENTS 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 OPO10 (Page 1 of 9) 647/0012983474/OPO10/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org. 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.) if you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting (Page 2 of 9) OP010021 Ell 647/0012983474/OPO11/3/9/0000000000000 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OPOI 1 016 El l 647/0012983474/OPOI Re: Loan No. 0012983474 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.) +xx?*????xxrxxr»x*?xxxx:t«??»+???x**?a*?»????m????x:*x?*?*?a??*sa?xxx++ HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1231 Claremont Rd, Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 1,365.73 1 MONTHS C& $ 1,575.62 $ 5672.81 (b) Previous late charges; $ 339.83 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 6012.64 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP012 (Page 4 of 9) 64710012983474/OP012/5/9/0000000000000 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 $6012.64, 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 send to: Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, F1 Jacksonville. FL 32246 Mailstop: JJ CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP012 022 El I 647/0012983474/OP013/6/9/0000000000000 Re: Loan No. 0012983474 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP013 (Page 6 of 9) 647/0012983474/OP013/7/9/0000000000000 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 (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP013 019 Ei 1 647/0012983474/OP014/8/9/0000000000000 Re: Loan No. 0012983474 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Ali Khansa Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 Fax Number: 1-866-497-1263 Contact Person: Ali Khansa Office hours: Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday and Saturday 8:00 a.m. to 5:00 p.m. 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP014 (Page 8 of 9) 647/0012983474/OP014/91910000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS 1S AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. (Page 9 of 9) OP014 021 Ell V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. 4^ V l V t s- c J a Ary SHERIFF'S RETURN - REGULAR +CASE NO: 2005-01355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CALAMAN DAVID L ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according t law, says, the within COMPLAINT - MORT FORE was served upon CALAMAN DAVID L the DEFENDANT , at 1905:00 HOURS, on the 21st day of March 2005 at 1231 CLAREMONT ROAD CARLISLE, PA 17013 by handing to DAVID CALAMAN a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents t4ereof. Sheriff's Costs: So Answers: Docketing Service 18.00 3.70 ° "s "r 'r w.2' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.70 03/22/2005 UDREN LAW OFFICE Sworn and Subscribed to before By: t \ day me this ' A of Deput y Sh ff 'V, l Rf?J A.D. J rrotnonouary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CALAMAN DAVID L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordin says, the within COMPLAINT - MORT FORE was served upon CALAMAN KIMBERLY M DEFENDANT , at 1905:00 HOURS, on the 21st day of at 1231 CLAREMONT ROAD CARLISLE, PA 17013 by handing to DAVID CALAMAN, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE to law, 2005 with and at the same time directing His attention to the contents hereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 03/22/2005 UDREN LAW OFFICE Sworn and Subscribed to before By: me this day of ?G ( A.D. J rrotnonoT-ary ty UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ]TTY I.D. NO. 04302 VOODCREST CORPORATE CENTER 11 WOODCREST ROAD, SUITE 200 HERRY HILL, NJ 08003-3620 56-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, tries 2004-2 Plaintiff V. David L. Calaman Kimberly M. Calaman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-1355 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION THE PROTHONOTARY: Kindly substitute the attached Verification for the ification attached to the Complaint in Mortgage Foreclosure with to the captioned matter. TED: April 26, 2005 BY: P. C. rk J. Udren, Esquire torney for Plaintiff V E R I .-F I C A T I 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 on 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: David L. Calaman Kimberly M. Calaman Loan #0012983474 MJU #OS030130 Name Title: Company: f'i ?J' 'Pt cn ?{ ' ? ?_ til-:- GJ r .?? t- j y ?:•. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 asF_Fga_sann Wells Fargo Bank, N.A., as Trustee for option one Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term 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) David L. Calaman and Kimberly M. Calaman 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 $176,118.90 Interest Per Complaint 11710.00 From 03/08/05 to 04/26/05 Late charges per Complaint 69.82 From 03/08/05 to 04/26/05 Escrow payment per Complaint 202.13 From 03/08/05 to 04/26/05 TOTAL 5178.100.85 I hereby certify that Defendant are as shown above accordance with Rule 237.1, a the addresses of (2)/? that notice of Aich is atta P.C DAMAGES ARE HEREBY ASSESSED AS DATE : Mal --? ? Ot!?? torney for Plaintiff Plaintiff and been given in hereto. INDI ATED PRO PROTHY UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 Plaintiff V. David L. Calaman Kimberly M. Calaman Defendant(s) TO: David L. Calaman 1231 Claremont Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-1355 Civil Term DATE of Notice: April 13, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 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 CO LECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOTAAND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OB'TAIR" WILL BE USED FOR THAT PURPOSE. LL `\f 4 1 s Mar J. U ren, squire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee :COURT OF COMMON PLEAS for Option One Mortgage Loan Trust :CIVIL DIVISION 2004-2 Asset-Backed Certificates, €Cumberland County Series 2004-2 Plaintiff V. David L. Calaman Kimberly M. Calaman :NO. 05-1355 Civil Term Defendant(s) TO: Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 DATE of Notice: April 13, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 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 CPLL'?&CTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION 6BtASIGED WILL BE USED FOR THAT PURPOSE. marK il . Caren;., 4sgtuire Woodcrest Corporate tenter 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 n ^y W V 114 (?} N G J T lil Cl) ? to n: UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) STATE OF COUNTY OF 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 Defendant(s) 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: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE David L. Calaman Over 18 As captioned above Unknown Kimberly M. Over 18 As captioned Unknown Sworn to and sucribed befo e me this day Of va 20©s' u c Calaman above--_'?/ 7 /7- ame : Title: Company: .,,,aTaym., ?,Ac?., Notary Public - Stat> o! Floddo 1L. ?'.=i Ry ?nmissfon FxF&ah=r 3.2007 =s\?°= Commission # DD19yJE5 c, '`%•LT.,`??" Bonded By NatlonalNotaryAssrt -n{C) t _?? it ? ?N ryj [.I G UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From 04/27/05 to Date of Sale September 7, 2005 Per diem @$34.20 (Costs to be added) OFF $178,100.85 P. C. 4,582.80 .._ ., _1- FOR PLAINTIFF js. c,y Irl ?r ? ?' c c o c 0? G G ?... f v? kyj 7:3 Ui V A„ Lr7 ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1355 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2004-2 ASSET-BACKED CERTIFICATES, SERIES 2004-2, Plaintiff (s) From DAVID L. CALAMAN AND KIMBERLY M. CALAMAN (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 $178,100.85 L.L. $.50 Interest FROM 4/27105 TO DATE OF SALE 9/7/05 - PER DIEM @ $34.20 - $4,582.80 Arty's Comm % Due Prothy $1.00 Arty Paid $129.70 Other Costs Plaintiff Paid Date: MAY 3, 2005 CURTIS R. LONG Prothonotaar (Seal) Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. P. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF t^ °? .a ti - ??. _? -c?`.; t ti G? ?'? f_ ?? ?: - ?l) ti? fie. {,- ''11 ?,? .!_ .... A# ' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2, 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: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 1231 Claremont Road Carlisle, PA 17013 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 1 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 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 Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 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 1231 Claremont Road Carlisle, (Middlesex Township) PA 17013 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. A DATED: April 26, 2005 torney for Plaintiff 4. r? ?a 1 W rk 7 T --1 Xy r"" ?.}L7 irtfi r `YS .q UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David L. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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 happened, you may call 856-669- 5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 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 ?-, -n (. ??.. `J? ..`i '°• 2 -'fl ???r, ? !; J c ?, r, W '? ?. ...-}J ?1 ?:-ACS UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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 happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 r© ?C1 A .? .- J y n f?? i i UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ATTORNEY FOR PLAINTIFF N0. 05-1355 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's 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 Sheriff's 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 penal relating to unsworn falsification to author Dated: September 8, 2005 BY: At of 18 Pa.C.S. Section 4904 S. CES, P. C. aren, Esquire for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) DATE: August 2, 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-1355 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DAVID L. CALAMAN & KIMBERLY M. CALAMAN PROPERTY: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 7, 2005, at 10:00 AM, in the COMMISSIONERS HEARING ROOM, 2? FLOOR, COURTHOUSE, CARLISLE, PA. 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. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. EXHIBIT A y t o .9 m m g mm5 ?Sd ?`o w R u m E'Sm g a5 v B ? O F[mpm qNU 0. '6 4 c> •E ?. A , Q ?? xr pp}} 4 J t ? a i S VC - w Z' 4 -Q a a m a m ,mc U ??' U cti. a ~n. Lj 7 N O to 07 o ua l a r 1 T wm W t1 Y a. . w N-. cn N U a tutu to I ia G4 6. W CU tfiT ?W = ? N. ' m C ? W. N''4 c6 V-^tfI t3 CpCy. tLL u`. t).?Z ?. 7 ? F-.1 r m =.6 N O to aN ?? w ? o W,} J ? Y " m Lw a Cz u? v w Z N cc ¢ ? tl ? t l c ?Wa ? ¢ a a VU a? N? 4J ?° 'Ga ?W W Nw O d te V z ? y. 'Q ?? ?U ri . , oo¢ Uo u vU aN . T 0 aZ ¢ o C N m i O l 4 O r 5o:e-?nv n? r d G. D. O ?C I ? i Y r d? u n 0 W 0 Em E m T 7 d W 0 UN D. sxvi IT A h? ?_ l ?? 1 ?n ?-V J {_j 1? ?? I.. -7'? ??? .:.-???? _? 7 L Wells Fargo Bank, N.A., as Trustee For Option One Mortgage Loan Trust 2004-2 Asset Backed Certificates, Series 2004-2 The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1355 Civil Term VS David L. Calaman and Kimberly M. Calaman Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2005 at 5:14 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: David L. Calaman and Kimberly M. Calaman, by making known unto David Calaman, personally and husband of Kimberly M. Calaman, at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2005 at 5:05 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David L. Calaman and Kimberly M. Calaman, located at 1231 Claremont Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: David L. Calaman and Kimberly M. Calaman, by regular mail to their last known address of 1231 Claremont Road, Carlisle, PA 17013. These letters were mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing 30.00 Poundage 22.12 Advertising 30.00 Posting Handbills 30.00 Levy 30.00 Mileage 7.70 Law Library .50 Prothonotary 1.00 Certified Mail 4.15 Postage 1.11 Surcharge 40.00 Postpone Sale 20.00 Share of Bills 18.20 Law Journal 497.00 Patriot News 396.20 $1,127.98 Swom and subscribed to before me This L day of 2005, A.D. Prothon ns rs R. Thomas Kline, Sheriff BY(! 1 Real Estat Sergeant 9 1 .S?b UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2, 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: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 1. Name and address of owner(s) or reputed Owner(s): Name Address David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 1231 Claremont Road Carlisle, PA 17013 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 Plaintiff herein. See Caption above. 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 Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 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 1231 Claremont Road Carlisle, (Middlesex Township) PA 17013 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. A OFFICES. P.C. DATED: April 26, 2005 rk-'a. Udren, ESQ>-/ torney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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 happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 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. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-1355 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David L. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, 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 i=ediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856? 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights,. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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, you- 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 happened, you may call 856-669- 5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 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 those two certain tracts of land situate ih Middlesex Township, Cumberland County, Pennsylvania, bound and described'as follows, to wit: TRACT NO. 1: BEGINNING at a post in the center of the Poor House Road adjoining land now or formerly of Jacob Snyder, thence along said road, North 61 1/4 degrees East, 4 perches to a point in the center of said road adjoining lands now or formerly of George Farlling; thence along said land, North 28 1/2 degrees West 20 perches to a post in a line of land now or formerly of Clell Ritter; thence along said land, South 61 1/4 degrees West, 4 perches to a post in the line of said land; thence by same, South 28 1/4 degrees East, 20 perches to the Place of BEGINNING. CONTAINING 1/2 acre and having thereon erected a 2-story frame dwelling house and other improvements. TRACT NO. 2: BEGINNING at a point in the center line of Legislative Road 21006 locally known as Claremont Road at comer of land now or formerly of Merle D. Bamck and wife; thence along the center of said L.R. 21006, South 71 degrees 02 minutes West, a distance of 15 feet to a point; thence along line of land now or formerly of Simon A. Lehman and wife, North 19 degrees 15 minutes West, a distance of 329.30 feet to a stake; thence still along line of land now or formerly of Simon A. Lehman and wife, North 70 degrees 23 minutes East, a distance of 15 feet to a post at comer of land now or formerly of Merle D. Barrick and wife; thence along said line of land now or formerly of Merle D. Barrick and wife, South 19 degrees 15 minutes East, a distance of 329.48 feet to a point in the center line of Legislative Route 21006, the Place of BEGINNING. CONTAINING 4,941 square feet in accordance with a survey made by Noel B. Smith, R. S., on September 21, 1971. BEING KNOWN AS: 1231 CLAREMONT ROAD, CARLISLE, (MIDDLESEX TOWNSHIP) PA 17013 PROPERTY ID NO.: 21-19-1633-001 TITLE TO SAID PREMISES IS VESTED IN DAVID L. CALAMAN AND KIMBERLY M. CALAMAN, AS TENANTS BY THE ENIRETIES BY DEED FROM MARGARET V. BARRICK DATED 11/12/99 RECORDED 11/12/99 IN DEED BOOK 211 PAGE 496. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1355 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2004-2 ASSET-BACKED CERTIFICATES, SERIES 2004-2, Plaintiff (s) From DAVID L. CALAMAN AND KIMBERLY M. CALAMAN (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 $178,100.85 L.L. $30 Interest FROM 4/27/05 TO DATE OF SALE 917105 - PER DIEM @ $34.20 - $4,582.80 Any's Comm % Due Prothy $1.00 Atty Paid $129.70 Other Costs Plaintiff Paid Date: MAY 3, 2005 CURTIS R. LONG Pmthonotag (Seal) < B Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale 922 On May 05, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 1231 Claremont Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 05, 2005 By. :? J wv Real EstaW Deputy ZZ :£ d h- ow SOOZ t? JAIL; ?/3?Ib3fdS J=;Il PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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, July 15, 22, 29, 2005 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. WORN-TO AND SUBSCRIBED before me this 29 day of July. 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE No. 22 Writ No. 2005-1355 Civil Wells Fargo Bank, NA., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset Backed Certificates, Series 2004-2 vs. David L. Calaman and Kimberly M. Calaman Attv.: Mark Udren ALL those two certain tracts of land situate in Middlesex Township, Cumberland County, Pennsylvania, bound and described as follows, to wit: TRACT NO. 1: BEGINNING at a post in the center of the Poor House Road adjoining land now or formerly of Jacob Snyder, thence along said road, North 61 1 /4 degrees East, 4 perches to a point in the center of said road adjoining lands now or formerly of George Farlling; thence along said land, North 28 1/2 de- grees West 20 perches to a post in a line of land now or formerly of Clell Ritter; thence along said land, South 61 1/4 degrees West, 4 perches to a post in the line of said land; thence by same, South 28 1/4 degrees East, 20 perches to the Place of BEGINNING. CONTAINING 1/2 acre and hav- ing thereon erected a 2-story frame dwelling house and other improve- ments, TRACT NO. 2; BEGINNING at a point in the center line of Legisla- tive Road 21006 locally known as Claremont Road at corner of land now or formerly of Merle D. Barrick and wife; thence along the center of said L.R. 21006, South 71 de- grees 02 minutes West, a distance of 15 feet to a point; thence along line of land now or formerly of Simon A. Lehman and wife, North 19 de- grees 15 minutes West, a distance of 329.30 feet to a stake; thence still along line of land now or for- merly of Simon A. Lehman and wife, North 70 degrees 23 minutes East, a distance of 15 feet to a post at comer of land now or formerly of Merle D. Barrick and wife; thence along said line of land now or for- merly of Merle D. Barrick and wife, South 19 degrees 15 minutes East, a distance of 329.48 feet to a point in the center line of Legislative Route 21006, the Place of BEGINNING. CONTAINING 4,941 square feet in accordance with a survey made by Noel B. Smith, R.S., on Septem- ber 21, 1971. BEING KNOWN AS: 1231 CLARE- MONT ROAD, CARLISLE, (MIDDLE- SEX TOWNSHIP) PA 17013. PROPERTY ID NO.: 21-19-1633- 001. TITLE TO SAID PREMISES IS VESTED IN David L. Calaman and Kimberly M. Calaman, as Tenants by the entireties by Deed from Mar- garet V. Barriek dated 11/12/99 recorded 11/12/99 in Deed Book nir o- AQA r ? k THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misce11 ous Book "M", Volume 14, Page 317. 7 7 PUBLICATION .............. COPY Sworn to and SALE #22 beforree/ mwtl?is 16th day of NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 396.20 REAL ESTATE SALE No. 22 Wrtt No. 2005-135S Civil Tenn Wells Fargo Bank, N.A., as Tkustse for Option One Mortgage Loan Thtst 2004-2 Asset Backed Certifl Series 204-2 Vs David L Cayman and Kimbertyia„I361annan Atty: Mark Udren DESCRIPTION ALL those two certain tracts of land situate in Middlesex Township, Cumberland County, Pennsylvania, bound and described as follows, to wit: TRACT NO. h BEGINNING at a post in the center of the Poor House Road adjoining land now, or formerly of Jacob Snyder; thence along said road, North 61 de-gees East, 4 patches to a point in the ceder of said road adjoining Is" now a formerly of George Farling; thence along said land, North 28 degrees West 20 peaches to a post in a Inc of land now or formerly of Clell Ricer; thence along said lam, South 61 degrees West, 4 perches to a post in the Raid said land; thence by saints, South 28 degma Ban, 20 perches to the Place ofBBGINNING. CONTAINING aae and having thereon erected a 2 story frame dwelling house and other improvements. TRACT NO. 2: BEGINNING at a point in the center 8ne of LegislaftwItoad 21006 locally known as Cleremarat Road at comer of lam now a formerly of Merle D. Bamick and wife; thence along the center of said LA 21006, South 71 degrees 02 minutes West. a distance of 15 feet to a pond; 0seace along line of lam now or formerly of Simon A. Lehman and wife, North 19 degrees 15 minutes West a distance of 329.30 feet to a stake; thence still along base of lam now a formerly of Simon A. Lehman and wife, North 70 degrees 23 minutes East, a distance of 15 feet to a post at coma of lam now or formerly of Merle D. Banack and wife; thence along said line of land now or formerly of Merle D. Barrick and wife, South 19 degrees 15 minutes East a distance of 329.48 feet to a point in We center line of Legislative- Route 21006, the Place of BEGINNING. CONTAINING 4,941 square feet ju accordance with a survey made by Noel B. Smith, KS., on September 21,1971. BEING KNOWN AS: 1211 Claremont Rom, Carlisle, Middlesex Towaship, PA 17013. PROPERTY LD. NO.: 21-19-1633-001. TIME in mid premises is vested in David L. Coltman and Kimberly M. Calmest, as tends by the enures by Deed from Margaret V. Bmrick dated 11/12A9 recorded 11/12199 in Deed Book 211 page 496. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman ':NO. 05-1355 Civil Term Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) PRAECI`PE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Reissue Writ of Execution in the above matter: Amount due $178,100.85 Interest From April 27,-2005 23,256.00 to Date of Sale March 7, 2007 Ongoing Per Diem of 34.20 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. Marx,u . uciren, ESQUIRE ATTORNEY FOR PLAINTIFF r" cn (? «... N w w lw ? ?.?(? • w 4% Ob l/.Sa'3Ci/?? UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAVID LEE CALAMAN Case No. 1-05-bk-05236 KIMBERLY MICHELE CALAMAN, Debtors Chapter 13 ORDER DISMISSING CHAPTER 13 CASE AND NOW, at Harrisburg, in said district, upon consideration of Debtors' Motion to Dismiss Chapter 13 Case, it is hereby ORDERED that the above-captioned case is DISMISSED. BY THE COURT, 71??)(?A&V NJ Date: August 2, 2006 This document is electronically signed and filed on the same date. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1355 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2004-2 ASSET-BACKED CERTIFICATES, SERIES 2004-2, Plaintiff (s) From DAVID L. CALAMAN AND KIMBERLY M. CALAMAN (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 gamishee(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 $178,100.85 L.L. Interest FROM 4/27/05 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $34.20 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $23,256.00 Atty's Comm % Atty Paid $1,270.18 Plaintiff Paid Date: SEPTEMBER 11, 2006 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. Due Prothy $1.00 Other Costs NG CURT . Prothonotary By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 ;Cumberland County Asset-Backed Certificates, Series 2004-2 ;MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff _ V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) NO. 05-1355 Civil Term C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification tq authorities. I OFFICES-P. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF T-J t:? ' J a1 ?% ? ?-. _ Cj? ..J1 ? ,?- ? r.? ?, x ` e .- ..- ,_ t ` ="`1 ??? 4 . 1..:4! ... s ._ ?'? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 •WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) NO. 05-1355 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2, 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: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David L. Calaman 1231 Claremont Road Carlisle, PA 17013 Kimberly M. Calaman' 1231 Claremont Road Carlisle, PA 17013 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 of record: Name Plaintiff herein. 5. Name and address of on the property: Name None the last recorded holder of every mortgage Address See Caption above. every other person who has any record lien Address 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 Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 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 1231 Claremont Road Carlisle, (Middlesex Township) PA 17013 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. UDREN LAW OFFICES, P.C DATED: August 30, 2006 k Mark J. Udren, ESQ. Attorney for Plaintiff q+J r^ ?? ti°::> ? c e'? T --rt ?.,, m ?> _,-, ?. J .... , ',_.? ,.. . ,ty ?''-? j Y`? ?, ;?G UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire "ATT'?f I. D. NO. 0 4 3 0 2 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman NO. 05-1355 Civil Term Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David L. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER . R16HTS 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 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 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 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 21 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman ?NO. 05-1355 Civil Term 1231 Claremont Road Carlisle, PA 17013 Defendant (s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's 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 Sheriff's 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 relating to unsworn falsificat on to ritids of 18 Pa.C.S. Section 4904 Dated: February 26, 2007 BY: UDREN A,W OPVICFS, P.C. Marx/u. uare , Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman :NO. 05-1355 Civil Term Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2, 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: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 35 Brian Drive Carlisle, PA 17013 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 of record: Name recorded holder of every mortgage Address Plaintiff herein. See Caption above. 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 Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 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 1231 Claremont Road Carlisle, (Middlesex Township) PA 17013 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. UDREN DATED: February 26, 2007 P. C. MarkVJ. Udren,/ Esquire Attorney for laintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111: WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 'Cumberland County Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 ':NO. 05-1355 Civil Term Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 De f endant (s) DATE: August 30, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): David L. Calaman and Kimberly M. Calaman PROPERTY: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17 013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00 AM, at the Commisssioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. 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. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. EXHIBIT A LL L NVI?? Rwa N &V5 at ffim? m lo° PUB p wo z' m - S m=? L > IgIN a. a_ C 7 tli ?j 'S `" ? t0 p •??? ?? ?pi1Gd m' aE52? ?G IL t l`' h i5 V 'ad Z CL. ?20 ?, 7 v m Y cr a O ?wUt? `? O O d a ?L7a W O u 7- Q? Z a? I O co W 07 _j uj " ON w° a 4 OC ~a ..I r- d W W w•-, 6 0,a Uf- N ?oG Fo 00- a8 NOO ?' Na am F uNl u.pt-W N? Oa cnz ?` a 1 M :i U 5 fin W9 %0 z> a v ow w4 g ? o? Z,n 5Wo>- go 00 ?- ZQOw. E W, tnW ?N Z J N QQ uj t), W p Ova= Z a0 0 a0D rv 00 aN a r a $ o _ N Z M cap Z O Et 4 aZ c U ° UP) N fA co `- J m ?p r {{pp yA? Q.6 A N CO -d' LO co EXHIBI? .M z m LL. t+M O U. N CL f i Wells Fargo Bank, N.A., as Trustee for Option In the Court of Common Pleas of One Mortgage Loan Trust 2004-2 Asset Backed Cumberland County, Pennsylvania Certificates, Series 2004-2 Writ No. 2005-1355 Civil Term VS David L. Calaman and Kimberly M. Calaman Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2006 at 1117 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David L. Calaman, by making known unto David L. Calaman personally, at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2007 at 1848 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly M. Calaman, by making known unto Kimberly Calaman personally, at 35 Brian Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1115 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David L. Calaman and Kimberly M. Calaman located at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: David L. Calaman and Kimberly M. Calaman, by regular mail to their last known addresses of 1231 Claremont Road, Carlisle, PA 17013 and 35 Brian Drive, Carlisle, PA 17013, respectively. These letters were mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. S,oo Answers: R. Thomas Kline, Sheriff Real Estate Deputy EXHIBIT B N z .L C Wells Fargo Bank, N.A., as Trustee for Option In the Court of Common Pleas of One Mortgage Loan Trust 2004-2 Asset Backed Cumberland County, Pennsylvania Certificates, Series 2004-2 Writ No. 2005-1355 Civil Term VS David L. Calaman and Kimberly M. Calaman Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2006 at 1117 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David L. Calaman, by making known unto David L. Calaman personally, at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2007 at 1848 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly M. Calaman, by making known unto Kimberly Calaman personally, at 35 Brian Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at I115 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David L. Calaman and Kimberly M. Calaman located at 1231 Claremont Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: David L. Calaman and Kimberly M. Calaman, by regular mail to their last known addresses of 1231 Claremont Road, Carlisle, PA 17013 and 35 Brian Drive, Carlisle, PA 17013, respectively. These letters were mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Mark J. Udren. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Prothonotary Mileage Certified Mail Levy Surcharge Postpone sale Law Journal Patriot News Share of bills 30.00 4,150.55 30.00 30.00 1.00 13.20 3.09 30.00 40.00 20.00 473.00 441.62 16.83 $5,279.29 ? S fi 41a So Answ s: ?? R. Thomas Kline, Sheriff n BY 3 ,;I_ ? jg32g7 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman NO. 05-1355 Civil Term Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2, 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: 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David L. Calaman 1231 Claremont Road Carlisle, PA 17013 Kimberly M. Calaman' 1231 Claremont Road Carlisle, PA 17013 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 Plaintiff herein. See Caption above. 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 Square 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 1231 Claremont Road Carlisle, (Middlesex Township) PA 17013 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. UDREN LAW OFFICES, P.C DATED: August 30, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One ;CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman €NO. 05-1355 Civil Term Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David L. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU 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 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 for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL those two certain tracts of land situate in Middlesex Township, Cumberland County, Pennsylvania, bound and described as follows, to wit: TRACT NO. 1: BEGINNING at a post in the center of the Poor House Road adjoining land now or formerly of Jacob Snyder, thence along said road, North 61 1/4 degrees East, 4 perches to a point in the center of said road adjoining lands now or formerly of George Farlling; thence along said land, North 28 1/2 degrees West 20 perches to a post in a line of land now or formerly of Clell Ritter, thence along said land, South 61 1/4 degrees West, 4 perches to a post in the line of said land; thence by same, South 28 1/4 degrees East, 20 perches to the Place of BEGINNING. CONTAINING 1/2 acre and having thereon erected a 2-story frame dwelling house and other improvements. TRACT NO. 2: BEGINNING at a point in the center line of Legislative Road 21006 locally known as Claremont Road at corner of land now or formerly of Merle D. Barrick and wife; thence along the center of said L.R. 21006, South 71 degrees 02 minutes West, a distance of 15 feet to a point; thence along line of land now or formerly of Simon A. Lehman and wife, North 19 degrees 15 minutes West, a distance of 329.30 feet to a stake; thence still along line of land now or formerly of Simon A. Lehman and wife, North 70 degrees 23 minutes East, a distance of 15 feet to a post at corner of land now or formerly of Merle D. Barrick and wife; thence along said line of land now or formerly of Merle D. Barrick and wife, South 19 degrees 15 minutes East, a distance of 329.48 feet to a point in the center line of Legislative Route 21006, the Place of BEGINNING. CONTAINING 4,941 square feet in accordance with a survey made by Noel B. Smith, R. S., on September 21, 1971. BEING KNOWN AS: 1231 CLAREMONT ROAD, CARLISLE, (MIDDLESEX TOWNSHIP) PA 17013 PROPERTY ID NO.: 21-19-1633-001 TITLE TO SAID PREMISES IS VESTED IN DAVID L. CALAMAN AND KIMBERLY M. CALAMAN, AS TENANTS BY THE ENIRETIES BY DEED FROM MARGARET V. BARRICK DATED 11/12/99 RECORDED 11/12/99 IN DEED BOOK 211 PAGE 496. L&w VFFICES, P. C. ATTORNEY FOR PLAINTlr'F BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2004-2 :Cumberland County Asset-Backed Certificates, Series 2004-2 :MORTGAGE FORECLOSURE P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) NO. 05-1355 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Your house (real estate) at 1231 Claremont Road, Carlisle, (Middlesex Township) PA 17013 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $178,100.85, 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 canceled 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.) J5S 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 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 for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL those two certain tracts of land situate in Middlesex Township, Cumberland County, Pennsylvania, bound and described as follows, to wit: TRACT NO. 1: BEGINNING at a post in the center of the Poor House Road adjoining land now or formerly of Jacob Snyder, thence along said road, North 61 1/4 degrees East, 4 perches to a point in the center of said road adjoining lands now or formerly of George Fariling; thence along said land, North 28 1/2 degrees West 20 perches to a post in a line of land now or formerly of Clell Ritter, thence along said land, South 61 1/4 degrees West, 4 perches to a post in the line of said land; thence by same, South 28 114 degrees East, 20 perches to the Place of BEGINNING. CONTAINING 1 /2 acre and having thereon erected a 2-story frame dwelling house and other improvements. TRACT NO. 2: BEGINNING at a point in the center line of Legislative Road 21006 locally known as Claremont Road at corner of land now or formerly of Merle D. Barrick and wife; thence along the center of said L.R. 21006, South 71 degrees 02 minutes West, a distance of 15 feet to a point; thence along line of land now or formerly of Simon A. Lehman and wife, North 19 degrees 15 minutes West, a distance of 329.30 feet to a stake; thence still along fine of land now or formerly of Simon A. Lehman and wife, North 70 degrees 23 minutes East, a distance of 15 feet to a post at comer of land now or formerly of Merle D. Barrick and wife; thence along said line of land now or formerly of Merle D. Barrick and wife, South 19 degrees 15 minutes East, a distance of 329.48 feet to a point in the center line of Legislative Route 21006, the Place of BEGINNING. CONTAINING 4,941 square feet in accordance with a survey made by Noel B. Smith, R. S., on September 21, 1971. BEING KNOWN AS: 1231 CLAREMONT ROAD, CARLISLE, (MIDDLESEX TOWNSHIP) PA 17013 PROPERTY ID NO.: 21-19-1633-001 TITLE TO SAID PREMISES IS VESTED IN DAVID L. CALAMAN AND KIMBERLY M. CALAMAN, AS TENANTS BY THE ENIRETIES BY DEED FROM MARGARET V. BAR.RICK DATED 11/12/99 RECORDED 11/12/99 IN DEED BOOK 211 PAGE 496. • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-1355 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2004-2 ASSET-BACKED CERTIFICATES, SERIES 2004-2, Plaintiff (s) From DAVID L. CALAMAN AND KIMBERLY M. CALAMAN (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 $178,100.85 L.L. Interest FROM 4/27/05 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $34.20 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $23,256.00 Atty's Comm % Atty Paid $1,270.18 Plaintiff Paid Date: SEPTEMBER 11, 2006 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. Due Prothy $1.00 Other Costs CURTIS . LONG Prothonotary By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 19 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 1231 Claremont Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2006 By: p i I cam/ Real Estate Sergeant IV d3S Ol ? r1 .d.7 kf ffi. -14S THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............4su . ..?. .. . .............................. COPY Sworn to ai before me this 26th day of February 2007 A.D. SALE #19 COMMONWEALTH OF PENNSYLVANIA Notarial Seat [;Terry L. Russell, Notary Public y Of Harrisburg, Dauphin Cou Commission Ex res June , 2 0 of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 j , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: January 26, February 2 and February 9, 2007 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. REAL WTATE SALE NO. 29 Writ No. 2005-1355 Civil Isa Marie Coyne, ??or Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2004-2 Asset Backed Certificates, Series 2004-2 VS. David L. Calaman and Kimberly M. Calaman Atty.: Mark Udren ALL those two certain tracts of land situate in Middlesex Township, Cumberland County, Pennsylvania, bound and described as follows, to wit: TRACT NO. 1: BEGINNING at a post in the center of the Poor House Road adjoining land now or formerly ac iewsk Wis.. 'A - at ahme add SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as 'COURT OF COMMON PLEAS Trustee for Option One -CIVIL DIVISION Mortgage Loan Trust 2004-2 'Cumberland County Asset-Backed Certificates, Series 2004-2 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff V. David L. Calaman NO. 05-1355 Civil Term Kimberly M. Calaman 1231 Claremont Road Carlisle, PA 17013 Defendant(s) PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED AND SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED AND ENDED AND JUDGMENT SATISFIED, upon payment of your costs only. Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: April 11, 2007 ` iS- ?5