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HomeMy WebLinkAbout05-2078 ATTORNEY FOR PLAI IFF 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 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PTI Mortgage Pass-Through Certificates Series 2003-0PTI P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Joseph D. Miller, Jr. Dana Mi ller, Mortgagor NO. 0 $' - ;)()'l!? 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE Cw"C YOU HAVE BEEN SUED IN COURT. If you wish to defend agains claims set forth in the following pages, you must take a within twenty (20) days after this Complaint and Notice are se by entering a written appearance personally or by attorne filing in writing with the Court your defenses or objections t claims set forth against you. You are warned that if you fa do so the case may proceed without you and a judgment m entered against you by the Court without further notice fo money claimed in the Complaint or for any other claim or r requested by the Plaintiff. You may lose money or proper other rights important to you. 8Zh) the tion ved, and the 1 to be any lief y or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D 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 AB E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER EGAL 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 defen erse de estas demandas expuestas en las paginas siguientes, usted iene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrit sus defensas 0 sus objeciones alas demandas en contra de su per ona. Sea avisado que si usted no se dafiende, la corte tomara medi as 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 provision s de esta demanda. Usted puede perder dinero 0 sus propiedades u tros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE AB GADO o SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VA A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIO SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONS GUIR 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 c editor to whom the debt is owed is as named in the attached docurnent. Unless you notify us ithin 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 d notify us in writing of a dispute within the 30 day period, we will obtain verification of the ebt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, i is not an admission of liability on your part. Also, upon your written request within the 0 day period, we will provide you with the name and address ofthe original creditor if differe t from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease co ection of your debt, or any disputed portion of it, until we obtain the information that is r uired and mail it to you. Once we have mailed to you the required information, we w I then continue the collection of your debt. This law firm is deerned to be a debt collector and this Notice and the attached docu ent is an attempt to collect a debt, and any information obtained will be used for that purp se. UDREN LAW OFFICES, P.c. Isl Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee th n 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 Truste for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Th ough Certificates Series 2003-0PT1 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such 0 the caption on a preceding page, whose last known address is a 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 Defendan (s), Plaintiff (or its predecessor, hereinafter called Plaintiff) I aned to the Defendant (s) the sum appearing on said Mortgage, hich Mortgage was executed and delivered to Plaintiff as securit for the indebtedness. Said Mortgage is incorporated here'n by reference in accordance with Pa.R.C.P. 1019 (g) The information regarding the Mortgage being foreclosed s as follows: MORTGAGED PREMISES: 34 West Keller Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mechanicsburg COUNTY: Cumberland DATE EXECUTED: 09/18/02 DATE RECORDED: 09/20/02 BOOK: 1773 PAGE: 3933 The legal description of the mortgaged premises is attached h reto and made part hereof. 4. Said Mortgage is in default because the required pa ents 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 authoriz d by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fa' I or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installment of principal and interest when due in the amounts indi ated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage s of 4/11/05 : Principal of debt due Unpaid Interest at 8.25% * from 8/1/04 to 4/11/05 (the per diem interest accruing on this debt is $22.67 and that sum should be added each day after 4/11/05) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $78.16 and that sum should be added on the first of each month after 4/11/05) Late Charges (monthly late charge of $50.01 should be added in accordance with the terms of the note each month after 4/11/05) Suspense Balance Total Fees Due Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $110,2 6.64 6,2 5.86 3 5.00 2 0.00 4,2 3.52 7 0.15 (1 .84) 32.04 5 5 3.83 $127,9 7.20 * This interest rate is subject to adjustment as more full set forth in the Note and Mortgage. 7 . The attorney's fee set forth above are in conformi Y with cted documents and Pennsylvania law, and will be coll the mortgage in the event If the of a third party purchaser at Sheriff's Sale. mortgage is reinstated prior to the sale, reasonable attor ey's fees will be charged in accordance with the reduction provisi ns of Act 6, if applicable. 8. The combined notice specified by the Pennsyl ania 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 ha not been notified in a timely manner of Defendant(s) eligibility WHEREFORE, the Plaintiff demands judgment, in rem, ag inst the Defendant(s) herein in the sum of $127,907.20 plus inte est, costs and attorneys fees as more fully set forth in the Compl int, and for foreclosure and sale of the Mortgaged premises. I Mark J. Ud ,en, ESOUIRE UDREN LAW OFFICES~ P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN HOUSE AND LOT OF GROUND (KNOWN AS LOT NO. 15) SITUATE AND BING ON THE NORTH SIDE OF WEST KELLER STREET IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO W T: BEGINNING AT A POINT AT THE CORNER OF LOT NO. 13, NOW OR FORMERLY OF ELDA M. BASCOM, BEING ALSO ON THE BUILDING LINE OF SAID WEST KELLER STREET; THENCE B LOT NO. 13 NORTHWARD, ONE HUNDRED FIFTY-NINE (159) FEET, MORE OR LESS, TO A (20) FOOT ALLEY; THENCE BY SAID ALLEY, EASTWARD, THIRTY-FIVE (35) FEET, MORE LESS, TO LOT NO. 17, NOW OR FORMERLY OF BRINDLE; THENCE BY SAID LOT, SOUTHWA HUNDRED FIFTY-NINE (159) FEET, MORE OR LESS, TO A POINT IN THE BUILDING LINE WEST KELLER STREET, AFORESAID; THENCE BY SAID BUILDING LINE, WESTWARD, THIRT (35) FEET, MORE OR LESS, TO A POINT AT THE PLACE OF BEGINNING. SAID ENTY OR D, ONE OF -FIVE HAVING THEREON ERECTED A TWO-STORY FRAME DWELLING HOUSE AND OTHER BUILDINGS, KNOWN AND NUMBERED AS 34 WEST KELLER STREET. 647/0006893 I 76/0PO 1 0111910000000000000 February 18, 2005 Joseph D Miller 34 W Keller St Mechanicsburg, PA 17055-6339 Homeowners Name: Joseph D Miller Property Address: 34 W Keller St, Mechanicsburg PA ] 7055 Loan Account No.: 0006893176 Original Lender: OPTION ONE MORTGAGE CORPORATION Current LenderlServicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND f:XHI IT A * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OPOl 0 (Page I of 9) 64 7/0006893176/0PO 10/2/910000000000000 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.Itis 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) OPOIO 021 R21 647 /0006893176/0PO 11/3/9/0000000000000 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 THI LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y 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) OPOI1016R21 647/0006893176/0POI2/4/9/0000000000000 Re: Loan No. 0006893176 ********************************************************************** 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 A TIEMPT 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: 34 W Keller St, Mechanicsburg P A 17055 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: 6 MONTHS @ $ 911.72 MONTHS @ $.00 $ 5470.32 (b) Previous late charges; $ 700.14 (c) Other charges; Escrow, Inspection, NSF checks $ 174.83 (d) Other provisions of the mortgage obllgation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 6345.29 B. YOU HAVE FAlLED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OPOl2 (Page 4 of9) 647 /0006893 I 76/0PO 12/5/9/0000000000000 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 $6345.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Bldg 200 Ste 102 Jacksonville, FL 32246 Mailstop: JI CASH Pay to: Option One Mortgage Corporation Code City: OptionJax, FI 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) OPOl2 022 R21 64 7/0006893 I 76/0PO 13/6/910000000000000 Re: Loan No. 0006893176 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 payoff 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 attomey'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) 647/00068931 76/0POI3171910000000000000 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 R21 647/0006893] 76/0PO] 4/8/910000000000000 Re: Loan No. 0006893176 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Julia Langston Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 Fax Number: 1-866-497-1263 Contact Person: Julia Langston 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 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 mayor 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF 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) 64 7/0006893176/0PO 14/919/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y 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 024 R21 647/0006893176/0P8251119/0000000000000 February 18, 2005 Dana Miller 34 W Keller St Mechanicsburg PA 17055- Homeowners Name: Joseph D Miller Property Address: 34 W Keller St, Mechanicsburg P A 17055 Loan Account No.: 0006893176 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 MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HA VB 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 OP825 (Page] of 9) 647/00068931 76/0P825/2/9/0000000000000 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 P ART 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 web site at www.phfa.org.Itis 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) OP825 010 R32 64 7/0006893176/0P826/3/910000000000000 YOU MUST FILE YOUR APPLICA TION 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) OP826 008 R32 647/0006893] 76/0P827/4/910000000000000 Re: Loan No. 0006893] 76 ********************************************************************** 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: 34 W Keller St, Mechanicsburg P A 17055 IS SERIOUSLY IN DEFAULT because: I A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 6 MONTHS @ $ 911.72 MONTHS @ $.00 $ 5470.32 (b) Previous late charges; $ 700.]4 (c) Other charges; Escrow, Inspection, NSF checks $ 174.83 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 6345.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP827 (Page 4 of 9) 647/0006893 I 76/0P827 /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 $6345.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. . . . Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: Overnight Mail Address Western Union Quick Collect 4600 Touhcton Rd E Bldg 200 Ste 102 Jacksonville, FL 32246 Mailstop: J1 CASH Pay to: Option One Mortgage Corporation Code City: OptionJax, F1 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 of9) OP827 015 R32 647/0006893 I 76/0P828/6/9/0000000000000 Re: Loan No. 0006893176 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. '. 1Il. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be , , sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings againsf 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. OP828 (Page 6 of 9) 647 /OOO6893176/0P828/7 /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) OP828 008 R32 647/0006893176/0P829/8/9/0000000000000 Re: Loan No. 0006893]76 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste ] 02 Altn: Julia Langston Address: Jacksonville, Fl 32246 Phone Number: 904-996-1730 Fax Number: 1 -866-497-1263 '. & . Contact Person: Julia Langston 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 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 mayor 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 PAYOFF 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. OP829 (Page 8 of 9) 647/0006893] 76/0P829/9/9/0000000000000 A * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y 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) OP829 018 R32 .l. V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the atto ney for the Plaintiff, a corporation unless designated otherwise; hat he is authorized to take this Verification and does so becaus of the exigencies regarding this matter, and because Plaintiff verify much of the information through agents, and because h personal knowledge of some of the facts averred in the foreg pleading; and that the statements made in the foregoing plea are true and correct to the best of his knowledge, informatio belief and the source of his information is public record reports of Plaintiff's agents. The undersigned understands this statement herein is made subject to the penalties 18 Pa.C.S. Section 4904 relating to unsworn falsificatio to authorities. ...... :;u 0 "Q tt- 1 ~ ""- w , II"- 0 C} "-, "'-' 0 w w , c'-, ., "-> ~ - .-; (;) ~ 6' ~ h'l~ ,- r'.) -. -.....c:.. c:"j c., ~ :-.L ',-, ('-) /"'-) ,_,ill t--- ~..~ ~ -; - L) ;.~ :.J '-'---- Ci SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02078 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MILLER JOSEPH D JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MILLER JOSEPH D JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MILLER JOSEPH D JR 34 WEST KELLER STREET MECHANICSBURG, PA 17055 PER DANA, DEFENDANT IS LIVING IN DILLSBURG AREA. SHE DOES NOT KNOW EXACT ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 7.40 5.00 10.00 .00 40.40 So answers: -'J ~? ~' / .. ,/",;"'/ .......~ .----. 7;;:& ~-_/ ( R. Thomas Kli . Sheriff of Cumberland County MARK UDREN 05/13/2005 Sworn and subscribed to before me this r c;,. (& - day of 1M "7 .2iM{ A.D. C l.u--- Q ~.~ prdtlbnotary j-r.t SHERIFF'S RETURN - REGULAR CASE NO: 2005-02078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MILLER JOSEPH D JR ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER DANA the DEFENDANT , at 1815:00 HOURS, on the 26th day of April 2005 at 34 WEST KELLER STREET MECHANICSBURG, PA 17055 by handing to CHRISTINA MILLER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~ /:,r// '" '. _;."~,,._.,.,'_I1; ~ . ~-<:. .' ~-:;_.---- ~ II' ~.'. oJ R. Thomas Kline 05/13/2005 MARK UDREN Sworn and Subscribed to before By' ,J~/ ~ v Dejuty Sher' f . .., me this If - day of 'flLj ;J U-o '5' A. D . (/~~-'thoq"o~ J ~ 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 p1eadings@udren.com Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term v. Joseph D. Miller, Jr. Dana Miller, Mortgagor Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon Defendant(s), Joseph D. Miller, Jr., by regular mail and certified mail and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant (s) at 34 West Keller Street, Mechanicsburg, PA 17055, which is the mortgaged premises. A copy of the Return of Service is attached hereto and marked as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit "B". 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by regular mail and certified mail upon said Defendant (s), Joseph D. Miller, Jr. and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. By: 1Jb Mark J. dr ,Esquire Attorney 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 p1eadings@udren.com Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term v. Joseph D. Miller, Jr. Dana Miller, Mortgagor Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 c.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit "A", the Sheriff and/or Process Server has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant (slhas been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "B". WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint upon Defendant(s) by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. By: ;[J4 / Mark J. U re~ Esquire Attorney for Plaintiff '-'..............'-........... ...... ...'-........~._. -.- - -- ~ASE NO: 2005-02078 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MILLER JOSEPH D JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MILLER JOSEPH D JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MILLER JOSEPH D JR 34 WEST KELLER STREET MECHANICSBURG, PA 17055 PER DANA, DEFENDANT IS LIVING IN DILLSBURG AREA. SHE DOES NOT KNOW EXACT ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 7.40 5.00 10.00 .00 40.40 SO~~~ R. Thomas Kli - Sheriff of Cumberland County MARK UDREN 05/13/2005 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT A o SOl/O! li( Players National Locator, Inc. ~AEElDAVIT QF_ GQQD FAITH INVESTIGATION Loan Number: 05040124 Attorney Firm: MARK J UDREN & ASSOCIATES Case Number: Subject: Joseph 0 Miller Jr AKA.: Joseph 0 Miller Last Known Address: 34 W Keller Street Mechanicsburg, PA 17055 Last Known Number: (717) 766-4004 Melissa Kozma. being duly sworn according to law, deposes and says: 1. I am employed in the capacity 01 Location Specialist for Players National Locator. Inc. 2. On 05/19/2005, I conducted an investigation into the whereabouts of the above named delendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):211-56-B548 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Joseph 0 Miller Jr. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Joseph 0 Miller Jr is 34 W Keller Street, ~henillSburg, PA~17Jl55,wIth the home number of (717) 766-4004, INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home number for Joseph D Miller Jr is (717) 7664004, registered to 34 W Keller Street, Mechanicsburg, PA 17055. We called the home number and spoke with a relative who stated Joseph D Miller Jr Is living at 34 W Keller Street. Mechanicsburg, PA 17055. INQUIRY OF NEIGHBORS- N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of May 19, Z005 the National Change of Address (NCOA) has no change for Joseph 0 MlllerJr from 34 W Keller Street, Mechanicsburg, PA 17055. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Motor Vehicles has Joseph D Miller Jr listed at 34 W Keller Street, Mechanicsburg, PA 17055, OTHER INQUIRIES - A. DEATH RECORDS: As of May 19, 2005 the Social Security Administration has no death record on file for Joseph D Miller Jr and/or A.K.A's under the social security number provided. EXHIBIT B 9,H ,ao/zoa.d ELZ~l ma aE< 9,9 UO!~I?IJOSSV S , J8,{1?Id-IDOJ:/ Uld6Z: 10 \O~6H"W B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found. C. COUNTY VOTER REGISTRATION: The Cumberland County VDters Registration OffIce has Joseph 0 Miller Jr listed at 34 W Keller St",-"t,~~chanicsburg, PA 17055. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: January 1971 ~~;{ A JAAJ\ /011 fA f'J. FIANT Melissa Kozma jI "NOTARY SEAL" Krisline M. Sr.oIt. NoIary Public . 51. Louis County, Slale of Mlssoun My Commission Expires 9/212006 Players National Locator, Inc. 174 Clarkson Road, Suite 225 St.Louis, MO 63011 Phone: (636)230-9922 Fax: (636)230-0558 BE&-J EDD!EDD'd ElZ-1 Bm DEZ 919 UOIlE1JOSSV s,Ja~eld-woJJ wdOE:ID ,D-61-'~ VERIFICATION Mark J. Udren, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Date: 5/2'110) 1JA/ Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term v. Joseph D. Miller, Jr. Dana Miller, Mortgagor Defendant(sl CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person (s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: S/ZII/t'5 TO: Joseph D. Miller, Jr. 34 West Keller Street Mechanicsburg, PA 17055 UDREN LAW OFFICES, P.C. By: ~ Mark J. Udren, Esquire Attorney for Plaintiff ) ---n ::...~ ,\ (..., r C1 WELLS FARGO BANK, NA., as Trustee for MASTR Asset Backed Securities Trust 2003- OPTl Mortgage Pass- Through Certificates Series 2003-0PT1, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOSEPH D. MILLER, JR., : DANA MILLER, Mortgagor, Defendant(s) NO. 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31't day of May, 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, Jr. by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 34 West Keller Street, Mechanicsburg, PA 17055, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street, Mechanicsburg, PA 17055. BY THE COURT, "--'" J. 'fi sley Oler, Jr. I "j r (' ~'\, t: .;1 \ -- \ i"",t' \(~\ "",_\\ :"v :j, ,.... - Mark J. Udren, Esq. WOODCREST CORPORATE CENTER III Woodcrest Boulevard Suite 200 Cherry Hill, P A 08003-3620 Attorney for Plaintiff ~ ~ [".01.0< ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term v. Joseph D. Miller, Jr. Dana Miller, Mortgagor Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: June 10, 2005 UDREN LAW./r;' ICES, P.C. {A" .' '1/ Mark J dren, ESQUIRE ATTO Y FOR PLAINTIFF ----- Q ~: f;\ ,..." = = c.J' C- c:: Z ~ .-1 :::t:..,., rnp: -tjtr1 ~i:19 i:;yO :::i ----r, -L....q (:)0 ~'-~rn S 55 :< (...j ;:: -.::);.. '2 r r SHERIFF'S RETURN - REGULAR CASE NO: 2005-02078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MILLER JOSEPH D JR ET AL CPL. TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER JOSEPH D JR the DEFENDANT , at 1625:00 HOURS, on the 14th day of June , 2005 at 34 WEST KELLER STREET MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 34 WEST KELLER STREET MECHANICSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 8.14 6.00 10.00 .00 42.14 .r-~~'<:~ R. Thomas Kline 06/15/2005 UDREN LAW OFFICES Sworn and Subscribed to before By:=1~ I{,d. ( Deputy Sheri me this ;(c g, day of (--14''<- d2 &os A.D. I Cft;~/2o~1:;;~Jr, 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 p1eadings@udren.com Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PTl Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term v. Joseph D. Miller, Jr. Dana Miller, Mortgagor Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Complaint to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: Joseph D. Miller, Jr. 34 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: JUflf, f)l lbo <" UDREN ~ES' P.C. Mark-J. Uaren, Esquire ------- Attorney for Plaintiff I i ~. I I , i i ! ! 111 pt~ j~ 1~ t~ fit \l1 ; . . - t ~ ~f ~I I III ~ . . LL ~ i }I Il," Ii ~ I~ :: . 0 0 1III Q ~~ if . j!j !B~;.,; {!. iiil~:<3, . w .. 1,000.... o~~ _ I,OOL E29E 9S2'1:_ ----06\12 I,OOL iffllTif" II I )1 --;;;;;'> Iif.l"'~ ."",~....~".'!" " ."i.__~. "- ":"\~;1 'M . ~. . \.: JIIUIS'OS ~-..l ~~!U:.~...,. ~ ,~. . 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Complete Items 1, 2, and 3~ Also complete "em 4 if Restricted Delivery Is desired, . Print your name and address on the reverse so that we can return the card. to you. . Attech this card to the back of tha mall piece, or on the front If space permits. 1. Article Addressed to: :bse.ph D. Nil' e.,(J J(-, 34 we.s+ te.,\ \u- sf-reef HeGho.nlc?:,6ufj I O{1 It-oS 2. Artlr.IR N. rm"'- 7004 2890 0004 1256 3623 PS Form 3811, February 2004 A Signature x B. Received by (PrlntedName) o Agent Cl Addressee, C. Date of DOllvery D. ISdellvery address different ~ Item 1? if VES. enter delivery address below: DVes DNa. 3. Service Type I!!( Certified Mall 0 Express MaO o RegIstered lii;'Aetum Recelpt'for Merchandise o Insured MaR 0 C.O.D. 4. Restr1cled Delivery? (ExtnJ Fee) 0 Ves DomestIc Return Receipt 102595-02-M-1540 WELLS FARGO BANK, - N.A., as Trustee for MASTR Asset Backed Securities Trust 2003- OPTl Mortgage Pass- Through Certificates Series 2003-0PTl, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW JOSEPH D. MILLER, JR" : DANA MILLER, Mortgagor, Defendant( s) NO. 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of May, 2004, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, Jr. by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 34 West Keller Street, Mec,llanicsburg, PA 17055, (2) publication once in the Cumberland Law Journal and in a- newspaper of general ,circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street, Mechanicsburg, P A 17055. BY TIIE COURT, TRUE COP"( FROM RECORO tll TIIitlmoJIy wtItJreot. I here unto S8l my haoo and the ... II saJd ~ at Cartislft P&. fills I AA;- II~ ~ dtJO.<f' .. l h11/1.2J 0 '"'Yu.Jj}/J~.. A ;",,((" I I , ProttlonCJl!lr<, EXHIBIT A . () r---CI ,'.',::' C) ., -,"\ G" ..-1 \:r\ -["t po;, ," l. . 0' ?" .- . ~~:j .- . , n C::.. - , . UbREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff v. Joseph D, Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached Proof of Publication with regard to the captioned matter. DATE: September 20, 2005 UDREN LAW OFFIC , P.C. BY Mark ATTO ESQUIRE LAINTIFF PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanunv Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tune 18, 2005 COPY OF NOTICE OF PUBLICATION NOTICE IN Ttte'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LA W NO. 05-2078 CIVIL TERM NOTICE OF ACTION IN MORTGAGE FORECLOSURE WELLS FARGO BANK, N.A., AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2Q03.0PT1 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2D03-0PT1, PLAINTIFF V&. JOSEPH D. MILLER, JR. and DANA MILLER, MORTGAGOR, DEFENDANTS I: JOSEPH D. MILLER. JR., Defendant, whose las1 known address is 34 West Keller Street, Mechanicsburg, PA 17055. COMPLAINT IN MORTGAGE FORECLOSURE u are hereby notified that Plaintiff, WELLS FARGO BANK, NA, AS TRUSTEE =OR MASTR ASSET BACKED SECURITIES TRUST 2003~OPT1 MORTGAGE :lASS-THROUGH CERTIFICATES SERIES 2003-0PT1, has filed a Mortgage =oreclosure Complaint endorsed with a Notice to Defend, against you in the Court )f Common Pleas of Cumberland County, Pennsylvania, docketed to NO. 0&-2078 :;IVIL TERM, wherein Plaintiff seeks to foreclose on the mortgage secured on your lroperty focated, 34West KeflerStreet, Mechanicsburg, PA 17055, whereupon lour property would be sold by the Sheriff of Cumberland County. NOTICE lU HAVE BEEN SUED IN COURT. If you wish to defend againstthe claims set orth inthe notice above, you musttake actfon withIn twenty (20) days after this ~omplaint and Notice are served, by entering a written appearance personally or lY attorney and filing in writing with the Court your defenses or'objectlons to the :Ialtns seUorth,against you. You are'wamed that if you fail to, do so the case may )(:oce:sd without you and a judgment may be entered ag.ainst.you by the Court yithout fUrther,notice for any money claimed In the Complaint or for any other :laimbnellef requested by the Plaintiff. "Y.9'~Jn.,~dR@i.!3,iJJWr1'-Y&'ij(oPJt~~ ,ghtslmpor(anttoyoo>, .>' ..',~,"T,,,. .. .. ... ...., ~1't~:jl:ll2;.p." ~'~ih\(jllb~.,~~15Uh\j~I1;' 1A'__YI!R'4O'<1'O;O'R' . . O'RE'1'RE'Ol'FICE SET FO'RTH BELOW, rHIS'O'FFlCECANPROVIDEYO'U.WlfH THEINFO'RMATIO'NABOUT HIRING A .AW,YERl:IFYGUCANNO'T AFFO'RD TO' HIRE.A LAWYER; THISO'FFICE MAY 'EABLETO' PRO'VIIlEYOUWITIlINFO'RMATIO'N ABO'UT AGENCIES THAT it1AY. OFF.ER LEGAL SE~VICES TO ELIGIBLE PERSONS AT A ReDUCED FEE JANO' FEEl LAWYERS REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Uberty Avenue CarliSle, PA 17013 717.249-3166 800-990~91 08 .RK J. UDREN TORNEY FOR PLAINTIFF 'REN lAW OFFICES, P.C. lodcrest Corporate Center I Woodcrest Road 'It9200 erry Hill, NJ 08003-3620 3.482.6900 Affiant further deposes that hel she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ~:;:;-i(~~~ Sworn to and subscribed before me this 14th day of September, 2005. CYrJUlJtUlW ;;q. ~~ fl._ Notary Pu c My commission expires: q Ir lor COMMONWEALTH OF PENNSYLVANIA NoIanal Seal Chnstina L ware, NoIary Public Gar1isle Boro, Cumberland County My Commission Expires Sept 1, 2008 Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 COMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July I, 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, ~c SWORN TO AND SUBSCRIBED before me this 1 day of July, 2005 N SEAL LOIS E, SNYDER, Notary Public C 3'~SIe Bora, Cumberlano County My Commission Expires March 5, 2009 NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland. County, Pennsylvania Civil Action-Law No. 05-2078 CMI Term WELLS FARGO BANK, N.A" AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2003-0PTI MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2003-0PT1, PLAINTIFF vs, JOSEPH D. MILLER. JR. and DANA MILLER. MORTGAGOR. DEFENDANTS TO: JOSEPH D, MILLER, JR., De- fendant, whose last MOwn ad- dress is 34 West Keller Street Mechanicsburg. PA 17055 ' COMPLAINT IN MORTGAGE FORECLOSURE You are hereby notified that Plain- tiff, WElLS FARGO BANI\'. NA., AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2003-0PTI MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2003-0PTI, has filed a Mortgage Foreclosure Complaint endorsed wtth a Notice to Defend, against you in the Court of Cornman Pleas of Cumberland County, Pennsylvania, docketed to NO, 05-2078 CIVIL TERM, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located. 34 West Keller Street, Mechanicsburg. PA 17055. whereupon your property wo"uld be sold by the Sheriff of CUinberland County. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the noticeaoove, you must take action within twenty (20) days after this Complaint and Notice are served by entenng a written appearanc~ personally or by attorney and filing in writing with the Court your de- fenses 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 allier claim or relief requested by the Platntlff. You may lose money or property or other lights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIR- ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PRO- VIDE YOU WITH INFORMATION ABOUT AGENCIES TIiAT MAY OF- FER LEGAL SERVICES TO ELI- GIBLE PERSONS AT A REDUCED FEE OR NO FEE, LAWYERS REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (7171 249-3166 (8001 990-9108 MARK J, UDREN, ESQUIRE UDREN LAW OFFICES, P.C, Attorneys for Plaintiff Woodcrest Corporate Center III Wood crest Road "quite 200 Cherry H1ll, NJ 08003-3620 (856) 482-6900 July I WELLS FARGO BANK, N,A., as Trustee for MASTR Asset Backed Securities Trust 2003- OPT1 Mortgage Pass- Through Certificates Series 2003-0PTl, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v, CIVIL ACTION - LAW JOSEPH D, MILLER, JR., : DANA MILLER, Mortgagor, Defendant( s) .~.. NO, 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31 st day of May, 2004, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, Jr. by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 34 West Keller Street, Mec)lanicsburg, PA 17055, (2) publication once in the Cumberland Law Journal and in a newspaper of general , circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street, Mechanicsburg, PA 17055, BY THE COURT, i it ~ TRUE COP'( FROM RECORlJ In TMtlmony wtIIlreot. 1ll8re unto set IT'fi haM MId th.... .hald~CariIsIe Pi. Tn. I Ak ~ .tar dro,':/ . I () .. l )fr.Jf'L- "'nA -,.tJ#1~ , A f"t{ Pm!:tlonOllr;r EXHIBIT A "~'j '-- r--> = C'~ (:Jl (/) i'"~': -0 N W ~ .... J:.-n rn p:: -"rn :')9 (.~() ;;':I\ \~S (~) ::~rn '.::::'t ,:,~, ~ -0 :s-:: o !'J ~.. 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 MASTR Asset Backed securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO, 05-2078 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) Joseph D. Miller, Jr. And Dana Miller, Mortgagor 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 Interest Per Complaint From 4/12/05 to 10/7/05 Late charges per Complaint From 4/12/05 to 10/7/05 Escrow payment per Complaint From 4112/05 to 10/7/05 $127,907.20 4,057,93 300,06 468,96 TOTAL S132,734,15 I I hereby certify that (1) the addresses bf the Plaintiff and Defendant are as shown above, and (2) that noti e has been given in accordance with Rule 237,1, a copy of which is at ached hereto. \ J, U en, ESQUIRE \Attorney for Plaintiff A INDIC:Z:fh~ PRO THY~ DAMAGES ARE HEREBY ASSESSED DATE: lO~(O'(JS ~~ ~ ~- :t ~ ~ -- c::- ~ c::::. ~ ~ \ ' J -;-S) ~ r-' c;::> ,;;; cJ' o c-";l _4 r:i c:> n -'i'l -I ?=:D 1 "I:-n -~ (J2' ~r] .....,.. , ),(~) ~.'.:~ 7.l~ ".;",~.'-Ci ~~\ :is ,-<. - - .' N U1 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) NO. 05-2078 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $132,734,15 ./ Interest From 10/8/05 3.445,84 to Date of Sale March 8, 2006 On Going Per Diem of 522.67 to actual date of sale if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C, , RE PLAINTIFF p &' ...... ~CJj ~ B c) , (0) .....' c::-:., = c.n CJ c> --"1 o f" CT' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) NO, 05-2078 Civil Term WRIT OF EXECUTION TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 34 West Keller Street Mechanicsburg, PA 17055 SEE LEGAL DESCRIPTION ATTACHED Amount due $132,734,15 Interest From 10/8/05 3,445,84 to Date of Sale March 8, 2006 On Going Per Diem of $22.67 to actual date of sale if sale is held at a later date (Costs to be added) $ Prothonotary By Clerk - Date COURT OF COMMON PLEAS NO, 05-2078 civil Term ------------------------------------- ------------------------------------- Wells Fargo Bank, N,A" as Trustee f~r MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates series 2003-0PT1 vs, Joseph D. Miller, Jr. Dana Miller, Mortgagor ------------------------------------- ------------------------------------- WRIT OF EXECUTION ------------------------------------- ------------------------------------- .' REAL DEBT $ 132,684,14 INTEREST $ 3,734,15 from 10/8/05 to Date of Sale March 8, 2006 On Going Per Diem of $22,67 to actual date of sale if sale is held at a later date COSTS PAID: PROTHY $ SHERIFF $ STATUTORY $ COSTS DUE PROTHY, $ PREMISES TO BE SOLD: 34 est Keller Street Me h icsburg, PA 17 55 \ rk J, Udren, ESQUIRE 1UDREN LAW OFFICES, P.C, WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 n ~ "" 0' ..., c:;> C;~-') <,:'..)"1 o -n --l -r m::!J c-; ,,, c;.J S) co (") -I a , ~:.:; ~0tor~1 ::2J .-< ,~L THAT CERTAIN HOUSE AND LOT OF GROUND (KNOWN AS LOT NO. l5) SITUATE AND BEING ON THE NORTH SIDE OF WEST KELLER STREET IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT, BEGINNING AT A POINT AT THE CORNER OF LOT NO, l3, NOW OR FORMERLY OF ELDA M, BASCOM, BEING ALSO ON THE BUILDING LINE OF SAID WEST KELLER STREET, THENCE BY SAID LOT NO. l3 NORTHWARD, ONE HUNDRED FIFTY-NINE (l59) FEET, MORE OR LESS, TO A TWENTY (20) FOOT ALLEY, THENCE BY SAID ALLEY, EASTWARD, THIRTY-FIVE (35) FEET, MORE OR LESS, TO LOT NO, l7, NOW OR FORMERLY OF BRINDLE, THENCE BY SAID LOT, SOUTHWARD, ONE HUNDRED FIFTY-NINE (l59) FEET, MORE OR LESS, TO A POINT IN THE BUILDING LINE OF WEST KELLER STREET, AFORESAID, THENCE BY SAID BUILDING LINE, WESTWARD, THIRTY - FIVE (35) FEET, MORE OR LESS, TO A POINT AT THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO-STORY FRAME DWELLING HOUSE AND OTHER BUILDINGS, KNOWN AND NUMBERED AS 34 WEST KELLER STREET. BEING KNOWN AS: 34 WEST KELLER STREET, MECHANICSBURG, PA 17055 PROPERTY ID NO, 16-23-565-124 TITLE TO SAID PREMISES IS VESTED IN JOSEPH D. MILLER, JR" MARRIED PERSON BY DEED FROM MARY E, PAUL AND ELWOOD C, PAUL, HUSBAND AND WIFE DATED 12/15/99 RECORDED 12/23/99 IN DEED BOOK 213 PAGE 836, c:~\~ ~ '. 9- '\ V>\ ~ p cl ~~~y -- y~~y~~~ <f! ~ ~~ -g~ (3: \0 (') ..-' 0 c::." c;: = -11 C,n c> .-\ C) ::r:"" ..ri t;1 r~-: (,) - -.-?,C,) 0 " . .....- , " -) (') " - .' ~..J rn - " -'-' ", .~-~ U1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-2078 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 ,MASTR ASSET BAKCED SECURITIES TRUST 2003-0PTl MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2003-0PTl Plaintiff(s) From JOSEPH D MILLER, JR., AND DANA MILLER, MORTGAGOR, 34 W. KELLER ST" MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 34 W. KELLER ST., MECHANICSBURG PA 17055 (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 $132,734,15 L.L. $.50 Interest FROM 10/8/05 TO 3/8/06 @ 222.67 PER DIEM ~ $3,445.84 Atty's Comm % Ally Paid $180.54 Plaintiff Paid Date: OCTOBER 10, 2005 Due Prothy Other Costs (Seal) By: Deputy REQUESTING PARTY: Name MARK J, UDREN, ESQ. Address: 111 WOODCREST RD., STE, 200 WOODCREST CORPORATE CENTER CHERRY ffiLL 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO. 05-2078 Civil Term Defendant(s) C E R T I F I CAT 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. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF (j ....., ~:::> 0 C ,;:::;:. -n "" 0 -< C') "<:-n -! fllp. m 0 "'1' ;-:~;~SJ, --;:~ -'i'j f~:' - ;.>i i1 - ~: f'..) ;D 0"' .< 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Joseph D, Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129,1 Wells Fargo Bank, N.A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1, 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: 34 West Keller Street Mechanicsburg, PA 17055 1, Name and address of Owner(s) or reputed Owner(s) : Name Address Joseph D. Miller, Jr, 34 West Keller Street Mechanicsburg, PA 17055 2, Name and address of Defendant(s) in the judgment: Name Address Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hampden Township 230 South Sporting Hill Road, Mechanicsburg, PA 17050 Keystone Oil Products PO Box 157, Camp Hill, PA 17011 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 interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N, Hanover Street, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue 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 TenantslOccupants 34 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, sec, 4904 relating to unsworn falsification to authorities, DATED: October 7, 2005 ,c. ark J, Udren, ESQ. Attorney for Plaintiff o c "'> c.;'! ;::~ c.r> o C) .-\ . o --n .... ioYl F~ ~fl t~ :~'\ ~-~) (W;\ =-~\ .,<:... N ~~ 0" o 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P.O. Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO. 05-2078 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph D, Miller, Jr, 34 West Keller Street Mechanicsburg, PA 17055 Your house (real estate) at 34 West Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $132,734,15, 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 C) (; .-' c.:;) C) <.f' C) -' .....; Q o -\1 .... :'L-o rllE;, ~3lf~ -.--,., ,\ ; =-! ;:~~) ..J,n {') :Q 0" 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v, Joseph D. Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Your house (real estate) at 34 West Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $132,734.15, 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 ;- '---0 r-> c::;;l c:::> <';...>"1 C) ('~). -, ::;! , 9n ~ -L --n ~~\~ CJ ;:.~ ~~~~ ~.~~ ~,-~ . , <~ '0;0 '< '" C" 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 MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P.O, Box 57038 Irvine, CA 92619-7038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO, 05-2078 Civil Term v, Joseph D. Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) DATE: October 7, 2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Joseph D. Miller, JR. And Dana Miller PROPERTY: 34 West Keller Street, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 8, 2006, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Coruthouse, 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, ...., c.::') c:::> "'" co C"J, -, o ~ -\ "-C-r\ fnE ->~Q :~~:: ~::) .~~~~ -.) ~ N cr, "'-\1 :% UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CO PRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O. Box 57038 Irvine, CA 92619-7038 Plaintiff v, Joseph D. Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached Proof of Publication with regard to the captioned matter. DATE: February 27, 2006 UDREN LAW OFFICES, P.C. BY Mar ATT Udren, Esquire FOR PLAINTIFF \VELLS FARGO BANK, N.A" as Trustee for M.A..STR Asset Backed Securities Trust 2003- OPTl Mortgage Pass- Through Certificates Series 2003-0PTl, Plaintiff IN THE COlJRT OF C0Mlv10N PLEAS OF CUMBERLAND COUNTY, PENNSYL Vi\"NIA v. CIVIL ACTION - LAW JOSEPH D. MILLER, JR., : DANA MILLER, Mortgagor , Defendant( s) NO. 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31 st day of May, 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, Jr. by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to ~, Defendaut's last known address at 34 West Keller Street, Mechanicsburg, PA 17055, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street, Mechanicsburg, P A 17055. BY THE COURT, r / (") 1/ .i"; / .i......, ,I I /' i' I :;(-., I i li,'----',)1/_ . '--. '\ -,. J. ~esley Oler, Jr.'J - J. \.0 i/ !i T~! ''"" f"t"_,, ~,.." ,,",.f! "",.........' "w~ ~t"' f rHvr, i"H.::,--vRu In Tliitimvlli'~. i here unil'; SIll. my MOO .wi tbe .. . ~ (:"''''i, il Cii.riislt f'L nlil! "/'"1" ,/ .. I AI - ~ e(( h<-.v dL"'OS . 0' J "/UF/'''..t.~ ~ rw JlJC.I ~ Ii fYlc I , , r.,-ctt:~nrn:r.rr' ... . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952. and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 3, 2006 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. SWORN TO AND SUBSCRIBED before me this 3 day of Februar--Y,,1006 ~~ 2 ~~Arj'A/ Notary " CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05~2078 Civil Term Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PTl Mortgage Pass-Through Certificates Series 2003-0PTl. P,O, Box 57038, Irvine. CA 92619-7038. Plaintiff v. Joseph D. Miller. Jr. Dana Mtller. Mortgagor 34 West Keller Street Mechanicsburg, PA 17055. Defendant(s) NOTICE OF SALE OF REAL PROPERlY To: Joseph D. Miller, Jr. 34 West Keller Street Mechanicsburg, PA 17055 Your house (real estate) at 34 West Keller Street, Mechanicsburg. PA 17055 is scheduled to be sold at the Cumberland County Sheriff's Sale on March 8. 2006 at 10:00 a.m. in the Commissioners Hearing Room. 2nd Floor. Courthouse, Carlisle, PA 17013- 3387, to enforce the court judgment of $132,684.14, obtained by Plain- tiff above (the mortgagee) against you. If the sale Is postponed. the property will be relisted for the Next Available Sale. ALL THAT CERTAIN house and lot of ground (known as Lot No. 15) situate and being on the North side of West Keller Street in the Borough of Mechanicsburg, County of Cum- berland and State of Pennsylvania, bounded and described as follows. to wit: BEGINNING at a point at the COT- ner of Lot No. 13. now or formerly of Elda M. Bascom, being also on the building line of said West Keller Street: thence by said Lot No. 13 northward, one hundred fifty-nine (159) feet. more or less. to .a twenty (20) foot alley; thence by said alley. eastv.lard. thfrty-five (35) feet, more or less, to Lot No. 17, now or form- erly of Brindle; thence by said lot, southward. one hundred fifty-nine (159) feet, more or less, to. a point in the building line of West Keller Street, aforesaid; thence by said building line, westward, thirty-five (35) feet, more or less, to a point at the place of beginning. Having thereon erected a two- story frame dwelling house and oth- er buildings. known and numbered as 34 West Keller Street. BEING KNOWN AS: 34 West Kel- ler Street. Mechanicsburg, PA 17055. PROPERlY ID NO., 16,23-565- 124. TITLE TO SAID PREMISES IS VESTED IN Joseph D. Miller, Jr., married person by deed from Mary E. Paul and Elwood C. Paul. hus- band and wife dated 12/1.5/99 re- corded 12/23/99 in Deed Book 213, Page 836, MARK J. UDREN MARK J, UDREN & ASSOCIATES Attorneys for Plaintiff Vv'oodcrest Corpm'ate Center III Wood crest Road Suite 200 Cbeny Hill. NJ 08003-3620 (856) 669-5400 Feb. 3 3 ~ .4 , " . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tanuary 30,2006 COPY OF NOTICE OF PUBLICATION NOTICE OF AcnON IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 05-2078 CIVIL TERM Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003.QPT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P.O. Box 57038 Irvine, CA 92619M7038, Plaintiff v, Joseph D. Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanlcsburg, PA 17055 Defendant(s) NOTICE OF SALE OF REAL PROPERTY To: Joseph D. Miller, Jr. 34 West Keller Street Mechanlcsburg, PA 17055 Your house (reat estate) at 34 West Kellar Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Cumberland County Sheriff's Sale on March 8, 2006 at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, CarlIsle, PA 17013-3387, to enforce the court judgement of$132,684.14, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be rellsted for the Next Available Sale. ALL THA1' CERTAIN HOUSE AND LOT OF GROUND (KNOWN AS LOT NO. 15) SITUATE AND BEING ON THE NORTH SIDE OF WEST KELLER STREET IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ATTHE CORNER OF LOT NO. 13, NOW OR FORMERLY OF ELDA M. BASCOM, BEING ALSO ON THE BUILDING LINE OF SAID WEST KELLER STREET; THENCE BY SAID LOT NO. 13 NORTHWARD, ONE HUNDRED FIFTY-NINE (159) FEET, MORE OR LESS, TO A TWENTY (20) FOOT ALLEY; THENCE BY SAID ALLEY, EASTWARD, THIRTYMFIVE(35) FEET, MORE OR LESS, TO LOT NO. 17, NOW OR FORMERLY OF BRINDLE; THENCE BY SAID LOT, SOUTHWARD, ONE HUNDRED FIFTY-NINE (159) FEET, MORE OR LESS, TO A POINT IN THE BUILDING LINE OF WEST KELLER STREET, AFORESAID; THENCE BY SAID BUILDING LINE, WESTWARD, THIRTYMFIVE (35) FEET, MORE OR LESS, TO A POINT AT THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO-STORY FRAME DWELLING HOUSE AND OTHER BUILDINGS, KNOWN AND NUMBERED AS 34 WEST KELLER STREET. BEING KNOWN AS: 34 WEST KELLER STREET, MECHANICSBURG, PA 17055 PROPERTY 10 NO.: 16-32M565M124 TITLE TO SAID PREMISES IS VESTED IN JOSEPH D. MILLER, JR., MARRIED PERSON BY DEED FROM MARY E. PAUL AND ELWOOD C. PAUL, HUSBAND AND WIFE DATED 12/15/99 RECORDED 12/23/99 IN DEED BOOK 213 PAGE 836, MARK J. UDREN ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES WOODCRE$T CORPORATE CENTER 111 WOODCREST BOULEY ARD, SUITE 200 CHERRY HILL, NJ 08003M3620 85&-66&-5400 Affiant further deposes that he! she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true, c Sworn to and subscribed before me this 31st day of January, 2006, LVi )J))tU((t, c1f) l{)~f- Notary Pub c My commission expires: q /, fOg COMMONWEALTH OF PENNSYLVANIA \---- I\IotalialSeal . I ,,;hnstina L WcMe" Notary PubliC I i 03"'5Ie Bora, Cumbef1and County II I Vly Q'roffilS."'''' EXJllres Sepl1. 2008 M€.:, "?" ' ';;,';s'l'.mni:o k'~ociation Of Notnr'c!' -, : I~\ ,-\ ::.1, \ C -, 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO, 05-2078 Civil Term v. Joseph D. Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO FILE TO THE PROTHONOTARY: PROOF OF SERVICE Kindly file the attached Proofs of Service with regard to the captioned matter, UDREN LAW OFFICES, P,C, Date: March 2, 2006 J Udren, Esquire rney for Plaintiff , ~ Service ~f Proc.e$s b}' .,.fft, APSl~:~e;_~~~~;la;iLtd. : APS \N'I'{l'.1\N~~~ AJ>>S lnta-nationaJ Piau ~~7~Offi~roVRd ~ MinJ\~p.Sis: MN" 554~9-3l22 -=-- .'\PS Pile #: 01S9JcJ..4)OOl AFFIDAVIT OF SERVICE -- llldividual Wells: r"rgu Bn.nk, NA n.~ lru~lee, ct. 81"'1 .rlnlnttff(s) \'11;. In'Jcl'h 0, .M;II~(', Jr.. tt. al..IJd't:nd"..t(!lI) Serviee "f PTOtess on: UDREN LA IV OF~'I CES. !',C. -Dana Miller Courl Ca.. No, 05-2078 Civil Term !\J.c;. IleUl'll Ct'nmmlllt)' 111 Wnodc.rcsi Rd, ~llilC .200 Cllerr)" H.U1, N.' 080 ~3..3620 Stote of: P/FA/ 1t',4. ) ..., County or,_, ht9 K' } N."", of Sen'cr: /fli.'4h''',r: F"i. Ic;/('/N ..iClZ ,\l!l(\ersigned, bemg duly sworn, deposes and says tl at at the time of servlce, sfhe was of legal age and was not a party to this action; O.'e!Timc of Service: II at on the ;/7t:iday of ;:"S-I3t(f//4VY ,200' ,at ,: 11o'eloek ~"l rl~c:C' of S~nlee: DocuJJwmts Scr,'ed; Service ofP.-occss on: Person Sen"ed, and Method of Sen'ice: Dc~CriptiQD of PerSUR Receiving J)ocmncnts: al 11 S, Bnltimore Street. #3 .\ in Fra.nklintolfl'n. PA 173.2.1 tl'.e undersigned served the documents described os: l' otic:e or SberitT's Salt; flf Re:al Prop4!rty A Inte and cortee! copy (lflhe aforesaid doeumont(s) was served on: [.aua Miller L.rEy pe11l0~:liy delivering them into the hands of the person to be served. L J;ly del.i vcring tllem into the hands of , a ,>erson of suitable age, who verified. or who upon queslioning stated, thal he/she resides with Dana :\>li11er at the place of service, and whose relati01'lship to the person is: T ne person reeelv;,,!; doeulUent. is described as follows: tV S,:x ~ : SkinColor N ; Haireolor J'J1(t>UJ ; FacialH.ir tVe '~ '-'.". "r '" Approx, Age ~3.. : Appro,,", Height'" "" ; Approx Weisht //6 L.'To the best of my ~1Jowledge and belief, said perooTl wa., not engaged in the US Mihtary at the time of service. ~{~_.- ~ ~'1~ Signature of Sen;er A 1>5 International, Ltd, Subscribed and sworn to before me this .:l'Adayof .f:-fI1R'J..'20 6 c:; Ct..z e.e.. . ........!'. / ~mary p NOTAJU " Til'e~) WIlHam E Dolo:, Notary P1.JQlkJ NOIIh Yorl< 1lcft, YO'k Cau'l,lY 1ll1.....,SJlon ""'llocom~ U;:r:." ~' Sign:;ltun~ nt. Stn"er, Undersigned declares under pe.nalty Of pcrjury tl' at tile foregoing is true and correc\. -, ;'1" .--1 :..., ------- 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PTl P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Joseph D. Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 Civil Term Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: January 25, 2006 Joseph D, Miller, Jr, 34 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities, Dated: March 3, 2006 UDREN LAW OFFICES, P,C, Esqulre Vv'ELLS FARGO BANK. N,A.. as Trustee for MASTR Asset Backed Securities Trust 2003. OPTl Mortgage Pass- Through Certificates Series 2003-0PTl, Plaintiff IN THE COT.JRT OF COMMON PLEAS OF CUMBERLA},'D COUNTY, PENNSYLVA..,NIA v. CIVIL ACTION - LAW JOSEPH D. MILLER, JR" : DANA MILLER. Mortgagor, Defendant(s) NO. 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31 st day of May, 2004, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, Jr. by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to " , Defendant's last known address at 34 West Keller Street, Mechanicsburg, PA 17055. (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street, Mechanicsburg, PA 17055. BY THE COURT, r / /' /-_ j/ I.' I I /.~;(- i I /,,/ \./4 ( ) _ , '~ " \ . , . J. Wesley Oler. Jr.: i - 1. v I .. - ~ , II ~ Ii TRUE COFl FRO~ Rr:COl1u In TlIiltilOOll)i~. Illlife \.liJll, set my !laM .wi tb~ _ 81 ~ C=rj, lit Ciir~ I'lL r~ -~/'"l ',/ ., /",-t - ~ lAC 11-1<<./_ dx'::, .. l"""- () ) TvrAJtJ_ ^ ;~,c / , , ~ott:nnrnr.r~! - v t-'! 0 .. $"'''-' (\\",0 -' o :<. 'tt ~(]}>O ;J1ll';1 y,ct oz. o t:l III '{'\ , 0 tY(]}$ t-'! ;; ;:, r" H \O(]}>-' ~ _ K I-' (]) 0 " '<JtnK "3 '.r' ct - tn K r'(\\"-' ~ ..J(]}K oct ~ \J'I \J'I "3 "3 . tn u> \P' ~ 0 "3' 't ~', i\ ~' ----------- z o Oc ~OO q:::<j,::Jl g\Z'&.~ ::pO:..\'- A:OO~ ~OO= ~%?6~ -C~~~ Cl~;lJ~m om- ~o 0 :<' u> roO 'Z' :..t g\ ------- """" .cd:! ;t'.:7 t1Jt1J ;t' ..11 a- t1J t1J o 0' o 00 a-a- rnrn 00 1.l111.l1 0,0 00 r--r-- ,..~ USE ~$ """"",,,""" ~ ~ ",..".,.,.,....- $ ............ - .~_.-~~~.----_. o Josepn D, Miller, Jr, ~'~~34 ~est Reller street _OO-:SiOv,ecnanicsbUrg, pA 1.1055 .-.------- - , ' ! 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NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF wells Fargo Bank, N.A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) NO. 05-2078 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by itslhislher 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 ~imits set forth by Pa Rule C,P, 3129, ection 4904 This Affidavit is made subject to the pe relating to unsworn falsification to auth Dated: March 30, 2006 BY: Mark J, Udren, Esquire Attorney 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-2078 Civil Term v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) DATE: January 18, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): JOSEPH D. MILLER, JR. & DANA MILLER, MORTGAGOR PROPERTY: 34 West Keller Street, Mechanic sburg , PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 8, 2006, at 10:00 am, in the COMMISSIONERS 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. 2XHIRrr l , ' ~ m _ -gOD ::l-;:'~ ~O'" .!'20'= :!:::.~ 0 e:a ~ Ql E '6- "'_ 0 c.ou ~2(ij ti.~.~ .~:e :s ~~-g ~~ " ~- ,g Q)g:g~ '" um g ~:; :a :s.s~-;; ~.:.;];:s ~.~ .~~:s 9 ~a: e..:: "! ~ :i:::.- &~~~ ~.!=,_:E ..... 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I- c: ~~.~g~~ ~.E c.~~ q;- ~ .9 Q. &i '" .~ ~ '0 " E ~ ~ :;; 0.. c~ (? ~ ~ '" E " o 0.. 0" " u ~= .-0 0.._ o~ ~o.. 1l:; E" "" z> -.lD J'lu o. >-0: ......':) .... ~ ~ 1l " 0:... ~l ~ G "'-.J ".0 c" m" "O.i >-...J '" ~ "::XHIBlT A C Gl D.. ~ C '0 D.. 'ij CD ~ o ... .5 .: Gl ~ 'I: ~ Gl Q. >- I- >- .0 " .!! Gl Q. E o o Gl .0 ~ '" " :;; E ~ o LL .... '" '" 1:- '" " .0 Q) LL ,..: I"- co CO) E - o LL en a. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N,A., as Trustee for MASTR Asset Backed securities Trust 2003-0PT1 Mortgage Pass-Through Certificates series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 plaintiff v, Joseph D, Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO, 05-2078 Civil Term TO THE PROTHONOTARY: PRAECIPE TO FILE PROOF OF PUBLICATION C) Cl ~n ----i I 0' G..'J r<.1 Kindly file the attached Proof of Publication with regard to the captioned matter. DATE: February 27, 2006 UDREN LAW OFFICES, P.C. Udren, Esquire FOR PLAINTIFF EXHIBIT .8 . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PTl Mortgage Pass-Through Certificates Series 2003-0PTl P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO, 05-2078 civil Term TO THE PROTHONOTARY: PRAECIPE TO FILE PROOF OF PUBLICATION Kindly file the attached Proof of Publication with regard to the captioned matter, DATE: February 27, 2006 UDREN LAW OFFICES, P,C, Udren, Esquire FOR PLAINTIFF v 'XHIBIT B , \VELLS LARGO BANK, N.A.. as Trustee for MASTR Asset Backed Securities Trust 2003- OPTl Mortgage Pass- Through Certificates Series 2003-0PTl, Plaintiff IN THE COURT OF COM1vION PLEAS OF CUMBERLA"J\i'D COUNTY, PENNSYL Vi,_,NIA v. CIVIL ACTION - LAW JOSEPH D. MILLER, JR., : DANA MILLER, Mortgagor , Defendant( s) NO. 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31 s[ day of May, 2004, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, Jr. by (I) mailing a true and correct copy of the complaint by certified mail and regular mail, to ~, Defendall.t's last known address at 34 West Keller Street, Mechanicsburg, PA ] 7055, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street, Mechanicsburg, P A 17055. BY THE COURT, . / /-11 I /i;' ;-'."", ! I" , I ",. ,. I i_I If-, I 1/1.//0')/( /. J 'oo/ , I _," J. ~.esley Oler, Jr.ij 1 '" U u r::-,u- 00-',-. -RO ""'- o,..,'v..." Hl ~"""''''''.h... <Ii _ t;.. "~ "'lC~Ur'i-I 'n T a;timvlli' ~. 1 here un", r;ej, mv ~no ~ tb6 .. fit ~ r:n""t ill Coifilslt i-e.. "'tws - _ -;-j 1 /' I. /",f - ~ /!I,( fu..v . dG"'C':' I j, 0 I )w JJ( , i J,~.t .....t 1,/.. J1;""'~. / I _ I , ~rrttlC'.;:fm';rv EXHIBIT B PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 3, 2006 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, SWORN TO AND SUBSCRIBED before me this 3 day of Februarv. 2006 ~2'~7Ar~ Notary .. '. '-:XHIBIT !3 , CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-2078 Civil Term Wells Fargo Bank, N.A.. as Trustee for MASTR Asset Backed Securities Trust 2003-0PTl Mortgage Pass-Through Certificates Series 2003-0PTl, P,O, Box 57038, Irvine, CA 92619-7038, Plaintiff v, Joseph D. Miller, Jr. Dana Miller. Mortgagor 34 West Keller Street Mechanicsburg. PA 17055. Defendant(s) NOTICE OF SALE OF REAL PROPERTY To: Joseph D. Miller. Jr. 34 West Keller Street Mechanicsburg, PA 17055 Your house (real estate) at 34 West Keller Street. Mechanicsburg. PA 17055 is scheduled to be sold at the Cumberland County Sheriffs Sale on March 8. 2006 at 10:00 a.m. in the Commissioners Hearing Room. 2nd Floor, Courthouse. Carhsle. PA 17013- 3387, to enforce the court judgment of $132,684.14, obtained by Plain- tiff above (the mortgagee) against you. If the sale is postponed. the property will be relisted for the Next Available Sale. ALL THAT CERTAlN house and lot of ground (known as Lot No. 15) situate and being on the North side of West Keller Street in the Borough of Mechanicsburg, County of Cum- berland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the cor- ner of Lot No. 13. now or formerly of Elda M. Bascom, being also on the building line of said West Keller Street; thence by said Lot No. 13 northward. one hundred fifty-nine (159) feet, more or less, to a twenty (20) foot alley; thence by said alley, eastward, Ll-tirty-five (35) feet. more or less. to Lot No. 17, now or form- erly of Brindle; thence by said lot, southward, one hundred fifty-nine (159) feet, more or less. to a point in the building line of West Keller Street. aforesaid; thence by said building line, westward. thirty-five (35) feet, more or less. to a point at the place of beginning. Having thereon erected a two- story frame dwelling house and oth- er buildings. known and numbered as 34 West Keller Street. BEING KNOWN AS: 34 West Kel- ler Street. Mechanicsburg. PA 17055. PROPERTY ID NO.: 16-23-565- 124. TITLE TO SAID PREMISES IS VESTED IN Joseph D. Miller. Jr.. married person by deed from Mary E. Paul and Elwood C. Paul, hus- band and wife dated 12/15/99 re- corded 12/23/99ln Deed Book 213, Page 836, MARK J. UDREN MARK J. UDREN & ASSOCIATES Attorneys for Plaintiff Woodcrest Corpo;,-ate Center III Woodcrest Road Suite 200 Cheny Hill, NJ 08003-3620 (856) 669-5400 Feb. 3 3 EXHIBIT B J PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) January 30,2006 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -lAW NO. 05-2078 CIVIL TERM Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 \1ortgage Pass-Through :ertificates Series 2003-0PT1 ".0. Box 57038 'rvine, CA 92619-7038, Plaintiff v, Joseph D. Miller, Jr. Jana Miller, Mortgagor 34 West Keller Street V1echanicsburg, PA 17055 Detendant(s) NOTICE OF SALE OF REAL PROPERTY To: Joseph D. Miller, Jr. 34 West Keller Street Mechanicsburg, PA 17055 Your house (reat estate) at 34 West KeH2r Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Cumberland County Sheriff's Sale on March 8, 2006 at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013.3387, to enforce the court judgement of $132,684. 14, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. ~LL THAT CERTAIN HOUSE AND LOT OF GROUND (KNOWN AS LOT NO. 15) SITUATE AND BEING ON THE NORTH SIDE OF WEST KELLER STREET IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: 3EGINNING AT A POINT ATTHE CORNER OF LOT NO. 13, NOW OR FORMERLY OF ELDA M. BASCOM, BEING ALSO ON THE BUILDING LINE OF SAID WEST KELLER STREET; THENCE BY SAID LOT NO. 13 NORTHWARD, ONE HUNDRED FIFTY-NINE (159) FEET, MORE OR LESS, TO A TWENTY (20) FOOT ALLEY; THENCE BY SAID ALLEY, EASTWARD, THIRTY-FIVE (35) FEET, MORE OR LESS, TO LOT NO. 17, NOW OR FORMERLY OF BRINDLE; THENCE BY SAID LOT, SOUTHWARD, ONE HUNDRED FIFTY-NINE (159) FEET, MORE OR LESS, TO A POINT IN THE BUilDING LINE OF WEST KELLER STREET, AFORESAID; THENCE BY SAID BUILDING LINE, WESTWARD, THIRTY-FIVE (35) FEET, MORE OR LESS, TO A POINT AT THE PLACE OF BEGINNING. -lAVING THEREON ERECTED A TWO-STORY FRAME DWELLING HOUSE AND OTHER BUILDINGS, KNOWN AND NUMBERED AS 34 WEST KELLER STREET 3EING KNOWN AS: 34 WEST KELLER STREET, MECHANICSBURG, PA 170551 :JROPEATY 10 NO.. 16-32-565-124 rlTLE TO SAID PREMISES IS VESTED IN JOSEPH D. MILLER, JR., MARRIED PERSON BY DEED FROM MARY E. PAUL AND ELWOOD C. PAUL HUSBAND AND WIFE DATED 12/15/99 RECORDED 12/23/99 IN DEED BOOK 213 PAGE 836. I.tARK J. UDREN HTORNEY FOR PLAINTIFF I/IARK J. UOREN & ASSOCIATES NOODCREST CORPORATE CENTER 111 WOODCREST BOULEVARD, SUITE 200 ::HERRV HILL, NJ 08003-3620 156-669-5400 Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of I:I:~ Sworn to and subscribed before me this 31st day of January, 2006. .. .. CI ~ 41 tL)tU(,)~ ' / {( )(Clf.... Notary Public My commission expires: 1.1/1 1:8 COMMONWEALTH OF PENNSYLVANli\ , ;----..- Notanal Seal . I \ __ ;hpslma L Wolfe, Notary PublIC I I ';30'5'€ 8ora. Cumberland County 'I ! V!y {):)f'lrnis:::ion Expires Sept 1. 2008 i "11.10','. ,,,,,' ':';',('~Bni..c ,r:,.c~ociation Of NOtllfiC" ",XHIB1T 8 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 MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO FILE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF l COURT OF COMMON PLEAS : CIVIL DIVISION Cumberland County NO, 05-2078 civil Term PROOF OF SERVICE Kindly file the attached Proofs of Service with regard to the captioned matter. Date: March 2, 2006 UDREN LAW OFFICES, P.C. , \ I BY: Mar J Udren, Esquire At orney for Plaintiff EXHIBIT 8 ::;:J '-:-1 ::'-:--~ c 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 MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff v, Joseph D. Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO FILE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO, 05-2078 Civil Term PROOF OF SERVICE Kindly file the attached Proofs of Service with regard to the captioned matter. Date: March 2, 2006 unREN LAW OFFICES, P,C, J Udren, Esquire rney for Plaintiff \ EXHIBITS Service of Process by APS International, Ltd. 1-800-328-7171 Wells Fargo Bank, NA as trustee, et. al., Plaintiff(s) vs, Joseph D. Miller, Jr., et. al., Defendant(s) APS International Plaza 7800 Glenroy Rd, Minoeapolis, MN 55439-3122 APS File #: 075916-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: UDREN LAW OFFICES, P,C, -Dana Miller Court Case No, 05-2078 Civil Term Ms. Henni Crommarty III Wooderest Rd, Suite 200 Cherry Hill, NJ 08003-3620 State of: P IF 1/11I,4 ) 55. County of: Je, ~ I(' ) Name of Server: It/!I.J.h. III r rL. 1<</1'1 ~Jf' /2 , undersigned, being duly sworn, deposes and says that at the time of service, s/he was oflegal age and was not a party to this action; DatelTimeofServiee: that on the :l7~dayof flFl3/(<lIHYY ,200' ,at ':110'clock ~M Place of Service: Documents Served: Service of Process on: Person Served, and Method of Service: Description uf Person Receiving Documents: at .17 S. Baltimore Street, #3 , In Franklintown, P A 17323 the undersigned served the documents described as: Notice of Sherifrs Sale of Real Property A true and correct copy of the aforesaid document(s) was served on: Dana Miller ,/By personally delivering them into the hands of the person to be served. By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with Dana Miller at the place of service, and whose relationship to the person is: The person receiving documents is describeu as follows: N Sex P . Skin Color It' . Hair Color IJ /(t; I.tJ . Facial Hair 1Yt:! Approx, ~ge 3:1. ; APprox.'Height .j~" 3 I~ ; Ap~rox, Weight /1 t /To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service, Signature of Server: Undersigned declares under penalty of perjury that the foregoing is true and correct. ~i!(. -.... ,J. ~.~.~/ Signature of Server Subscribed and sworn to before me this ~~;;_~IE~Ri2~20 e , Notary P NOTARIA ires) William E. Duke, Not",} Public NOl'Ih York Bml., York Couut)' MycommissionexpllaDccember 12, '('''c' APS International, Ltd. EXHIBIT B UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ,--, ;:"::.J c) v, Joseph D. Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 Civil Term r,,\...... OJ Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: January 25, 2006 Joseph D, Miller, Jr, 34 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa,C,S. Section 4904 relating to unsworn falsification to authorities, UDREN LAW OFFICES, P.C. Dated: March 3, 2006 Mar \ f"XH/B :: IT 18 , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PTl P,O, Box 57038 Irvine, CA 92619-7038 Plaintiff ~ COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO. 05-2078 Civil Term Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: January 25, 2006 Joseph D. Miller, Jr. 34 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, Dated: March 3, 2006 UDREN LAW OFFICES, P,C, Mar f:')(HIBIT B ) VlELLS FARGO BANK. N.A" as Trustee for l'vlASTR Asset Backed Securities Trust 2003- OPTl Mortgage Pass- Through Certificates Series 2003-0PTl, Plaintiff IN THE C01JRT OF COMMON PLEAS OF CUMBERLM'D COUNTY, PENNSYL V.6,,_NIA v. CIVIL ACTION - LA W JOSEPH D MILLER, JR." : DANA MILLER, Mortgagor, Defendant(s) NO. 05-2078 CIVIL TERM ORDER OF COURT AND NOW, this 31 SI day of May, 2004, upon consideration of Plaintif:fs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Joseph D. Miller, II. by (1) mailing a true and correct copy of the complaint by certified mail and regular maiL to ~, Defendant's last known address at 34 West Keller Street, Mechanicsburg, PA 17055, (2) publication once in the Cumberland Law .TournaI and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 34 West Keller Street Mechanicsburg, P A 17055. BY THE COURT, - , r j" (i)? I ..! ,. '- / I I jC//~' J( '_ .T "-1Th l'~'~' Ol .T 1, l -}' 'v . ~',_S e) er, r"J " i/ 'I TRU;:: ""~~i ~1">"""t! """.,.....""'.....,' < " - ~f; . t NVtmi t'"\t:,-UTU..r In T"'tllOOlli;~. i herl: un", set I1l\I lIaM &rid U~ - II! lial(j Ccwi. 011 C;;:r~ ~ TIli8 I' day <<I' 1. '"" ., ' 'A~ -',. \' v . df)C}.::, l" '"'.' () f I"w J tilL, A fWf;" I I , ~vt?ln~~ri! EXHIBIT 8 ~ , $/ t-3 0 ~ wy ro 01>0 .' (l {j) p'zro IlJro'O ::l m ::r f-" rt (l t:l Z m ::"l ' 0 rrro t-3 1C1-':5: H ~ I--'~- () to ro I-' t<J - 11 I-' (j) 0 'l:!UJI1 "Ii! ,. :.< rt - 11 en f->ro"-l 111 -..J ro 11 t<J o rt ' :<1 lJ1 H lJ1 "Ii! "Ii! en en ~ t<J 0 "Ii! , !'" 'I' Ii ~ ~i jl I: " :\! n t r.., 'I ,i i-I , i.'.i fl 1\ ~"./;'l' ::;; o Oc: ~~OD I.J-.J.O..... :J:-.:D'-", m""mm :IJ""UlZ :IJO-lr -<O()~ :I DO"" j=()::DO r::JJ-c-n 'zmo-n ,-~::DO O:IJ~m ~omY' o)>()"1J c.>Dmh z. ill :D -':' ~~<-',,:, :;;-)~ ,:'.::::" .-'l r'l <0 <C .::!". '" ru ru .::!" '" ..JJ'...lI a- a- ru ru ru , ru t:J 0 t:J Cl t:J 0 t:J t:J a- [l'" m m t:J 0 LI'1IU"J t:JO t:JCl f'-.r'- ...i U,S. Postal Service", CERTIFIED MAIL, RECEIPT (DomestIc Mall Only, No Insurance CDverage ProvIded) OFFICIAL USE -' Certified Fee -... _Fee (Oldtha$lTl8l4 RequIted) R_DelIv8<yFee (Ei.d........menrReqi.llred) - .... To1aI_&.... $ o Joseph D, Miller, Jr. ~~34 West Keller Street ChY.'Si8Mechanicsburg, PA 17055 ..._.m.._... 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Q 1!li Q'CO ~ ~o gW<;> " ~'" .l:O ~~ .Q g{. ~ tU ~ Cll~ s> ~ g" :a ~ ~ ~'-;; i::=Si11~'~ G) ca .0:: t; ~ - ~ "'- ~!"- 2 ~.si:=. 01 g~;:,~~~ t5d:OU ~! J:Y , "% ~'i j ,:-,...c~ g'!0 ~ ,,_o,~ 1/1 ~ 000'-' ~ \\!. ! Iii ffi s ~ ffi !z. Q 5 :1 111 ! .. ~ c.> >- & 0111 III \ii ,,:';Cp~ ! ~\\l m~~!!\ ~ ~::o (.)~~~ u; Ii:! ~gW;51 ~ci ~\n5::! :8 ::l~ ~~O:I: -<: ~$ :%(.)g~ "0 ci~ 1118"~ ~ a:~ a: 0.-11I Z ",J: g~~a g~ ... I.. U,.., , 0:_ "5'8 1i;"- .0;; - .. ~~ - g\ ,,\ .- ~ ~c: :::> .. .g ~ l1. "-~ ,.: "5~ \; Z~ - '" E. ~~ 5 " l1. -;;"i '" '" ..,. '" ~~ (/) .- ..... .- ..... ~ EXI-IIBIT B ,- .. ~ l '" <t c: ~ co Ul ~ W ~ '0 ~o Z ~ ~ "O,~ Q ~~ ::l 'l' iS3 m 2 " 'C ~ '" X .,,, " 0 0 ~~co :gw ~ !<Co 0 ..... .:\ ,.... '" '" .. '" CD .... <Xl '" .- ..... .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which MASTR Asset Backed Securities Trust 2003 Tr is the grantee the same having been sold to said grantee on the 5th day of Avril A,D" 2006, under and by virtue of a writ Execution issued on the 10th day of Oct, A,D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2078, at the suit ofMASTR Asset Backed Securities Trust 2003 Tr against Joseph D Miller Jr & Dana is duly recorded in Deed Book No, 274, Page 1902, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4-~ day of In,') Y , A.D, ;:2 ~c: ~/? Jj/ Recorder of Deeds Wells Fargo Bank, N,A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PTl Mortgage Pass-Through Certificates Series 2003-0PTl VS Joseph D, Miller, Jr, and Dana Miller The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-2078 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2005 at 8:04 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 defendant, to wit: Joseph D, Miller, Jr" by posting the premises located at 34 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, pursuant to the order of court, by law. R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the defendant, Dana Miller, at 34 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, but was unable to locate her at that address, The Mechanicsburg Post Office provided a forwarding address of905 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania. Deputies attempted service at the latter address, only to be advised by Dana Miller's ex-husband that she does not reside at 905 Scottish Court, Mechanicsburg, PA, only he resides there, Sheriff Kline therefore returns the within Real Estate Writ, Notice of Sale and Description in the above entitled action as NOT FOUND as to the defendant, Dana Miller, William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12,2006 at 12:59 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 Joseph D, Miller, Jr. and Dana Miller located at 34 West Keller Street, Mechanicsburg, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being du1y sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Joseph D, Miller, by regular mail to his last known address of 34 West Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being du1y sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 05, 2006 at 10:00 o'clock A,M, He sold the same for the sum of $1.00 to Attorney Mark Udren for Wells Fargo Bank, N,A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PTl Mortgage Pass-Through Certificates Series 2003-0PTl, It being the highest bid and best price received for the same Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PTl Mortgage Pass-Through Certificates Series 2003-0PTl ofP.O, Box 57038, Irvine, CA 92619, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $935,74, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Postpone Sale Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Posting Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30,00 17,96 15,00 15,00 30,00 10,00 20,00 .50 1.00 28.40 1.95 15,00 30,00 ,78 6,00 341.00 287,60 21.05 25,00 39,50 $ 935,74 Sworn and subscribed to before me This 10 t day of 2006, A.D. S~~ ,;~'" r~r---rf ~ R. Thomas Kline, Sheriff ByUocLJl~i0 Real Estate Sergeant ~ 3 o. U'O (lde.. ) ,sD c.k..53~JI ~. 1'11733 ~( UD~EN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003"3620 856-669-5400 ATTORNEY FOR PLAINTIFF . Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v, Joseph D. Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129,1 Wells Fargo Bank, N,A" as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1, 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: 34 West Keller Street Mechanicsburg, PA 17055 1, Name and address of Owner(s) or reputed Owner(s) : Name Address Joseph D, Miller, Jr, 34 West Keller Street Mechanicsburg, PA 17055 2, Name and address of Defendant(s) in the judgment: Name Address Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hampden Township 230 South Sporting Hill Road, Mechanicsburg, PA 17050 Keystone Oil Products PO Box 157, Camp Hill, PA 17011 .. 4.. Name and address of the last recorded holder of every mortgage or 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 interest in the sale: N~e address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept, 1 Courthouse Square, Carlisle, PA 17013 Domestic Relations Section 13 N, Hanover Street, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue 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 34 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, sec, 4904 relating to unsworn falsification to authorities, DATED: October 7, 2005 ark J, Udren, ESQ, Attorney for Plaintiff , . o " UOREN 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 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates series 2003-0PT1 P,O, Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v, Joseph D, Miller, Jr, Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 Your house (real estate) at 34 West Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $132,734,15, 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 pr"ce 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 SHOULp TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU PO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTEp BELOW TO FINO 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 ATTORNEY tv.. ~, UQREN LAW OFFICES, P.C. , BY: Mark J. Udren, Esqu~re 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 MASTR Asset Backed Securities Trust 2003-0PT1 Mortgage Pass-Through Certificates Series 2003-0PT1 P,O. Box 57038 Irvine, CA 92619-7038 COURT OF COMMON PLEAS CIVIL DIVISION cumberland County MORTGAGE FORECLOSURE Plaintiff v, Joseph D, Miller, Jr. Dana Miller, Mortgagor 34 West Keller Street Mechanicsburg, PA 17055 NO, 05-2078 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph D. Miller, Jr. 34 West Keller Street Mechanicsburg, PA 17055 Your house (real estate) at 34 West Keller Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $132,734,15, 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 contac one, the more chance you will have of stopping the sale. (See notice page two on how to obtain an attorney,) ,A , YelU MAY ST,ILL BE ABLE TO SAVE YOUR. PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S &KLE 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 .' ~L THAT CERTAIN HOUSE AND LOT OF GROUND (KNOWN AS LOT NO. ~5) SITUATE AND BEING ON XHE NORTH SIDE OF WEST KELLER STREET IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE C01Ull!:R OF LOT NO. ~3, NOW OR FORMERLY OF ELPA M. BASCOM, BEING ALSO ON THE BUILDING LINE OF SAID WEST KELLER STREET; THENCE BY SAID LOT NO, ~3 NORTHWARD, ONE HUND1U!:D FIFTY -NINE (~59) FEET, MORE OR LESS, TO A 'l'WENTY (20) FOOT ALLJ;:Y; THENCE BY SAID ALLEY, EASTWARD, THIRTY - FIVE (35) FEET, MORE OR LESS, TO LOT NO, ~ 7, NOW OR FORMERLY OF BRINDLE; THENCE BY SAID LOT , SOUTHWARD, ONE HUNDRED FIFTY-NINE (~59) FEET, MORE OR LESS, TO A POINT IN THE BUILDING LINE OF WEST XELLER STREET, AFORESAID; THENCE BY SAID BUILDING LINE, WESTWARD, THIRTY - FIVE (35) FEET, MORE OR LESS, TO A POINT AT THE PLACE OF BEGINNING, HAVING THEREON ERECTED A TWO-STORY FRAME DWELLING HOUSE AND OTHER BUILDINGS, KNOWN AND NUMBERED AS 34 WEST KELLER STREET, BEING KNOWN AS: 34 WEST KELLER STREET, MECHANICSBURG, PA 17055 PROPERTY ID NO, 16-23-565-l24 TITLE TO SAID PREMISES IS VESTED IN JOSEPH D, MILLER, JR" MARRIED PERSON BY DEED FROM MARY E, PAUL AND ELWOOD C, PAUL, HUSBAND AND WIFE DATED l2/i5/99 RECORDED l2/23/99 IN DEED BOOK 213 PAGE 836, WRIT OF EXECUTION a'Jdlor ATTACHMENT , ,> COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2078 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 ,MASTR ASSET BAKCED SECURITIES TRUST 2003-0PTl MORTGAGE P ASS-THROUGH CERTIFICATES SERIES 2003-0PTl Plaintiff (s) From JOSEPH D MILLER, JR., AND DANA MILLER, MORTGAGOR, 34 W. KELLER ST., MECHANICSBURG PA 17055. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 34 W. KELLER ST., MECHANICSBURG PA 17055 (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) Ifproperty 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 $132,734.15 L.L. $.50 Interest FROM 10/8/05 TO 3/8/06 @ 222.67 PER DIEM = $3,445.84 Atty's Comm % Due Prothy i. /)0 Ally Paid $180.54 Other Costs Plaintiffpaid Date: OCTOBER 10, 2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQ. Address: 111 WOODCREST RD., STE. 200 WOODCREST CORPORATE CENTER CHERRY HILL NJ 08003-3620 Attorney for: PLAINTIFF Telephone: (856)669-5400 Supreme Court ill No, 04302 , . Real Estate Sale # 12 On November 30, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Borough of Mechanics burg, Cumberland County, PA Known and numbered as 34 West Keller Street, filed with this writ and by this reference incorporated herein, (ii) ~ c:::=a <3i> G'\N Mechanicsburg, more fully described on Exhibit "A" Date: November 30, 2005 By: Jn~ ~ Real Estate Sergeant '111 :8 '\j \ \ DO SUUl "id ')'\Ld':d~:,t. I", ,- .:I:!\B3HS ;i\IJ eol _..",1: Ij.::iL I' \ 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co" a cOlporation 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 SundayPatriot.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 2006, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COPY SALE#12 . NOTARY. UBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 .. I PROOF OF PUBLICA nON OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 20,27, February 3,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal pCliodical 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 ofpubJication are true. AND SUBSCRIBED before me this day of February. 2006 ~~ N1ao/,,6~p~ <..;,_::-,:- -'/~lEd,:LJ;r'-,' ~L' \;(; .1 (, ," .; C2l~::~"~ C~J'Tii;Ci:,_ti"J ::.;,,'.: f'.v~, ';!:~_::':r)fl ~:'~. , ~ --....... 1. Wrtt No, 2005-2078 CMI Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securttles Trust 2003-0PTI Mortgage Pass-Through CertifIcates Series 2oo3-0PTI vs. Joseph D, MUler, Jr, and Dana MUler Atly,: Mark Udren ALL that certaln house and lot of ground Iknown ... Lot No, 151 oItu- ate and belng on the North 8Ide of West I!dIer Street In the Borough of Mechanicsburg. County of Cum~ berland and State of Pennsylvania. bounded and descrtbed as follows. to wit: BEGINNlNG at a point at the cor- ner of Lot No. 13. now or formerly of Elda M, Bascom, being also on the building line of said West Keller Street; thence by sald Lot No. 13 northward. one hundred fifty-nine {I59) feet, more or less, to a twenty (20) foot alley; thence by said alley. eastward. thlrly-flVC (35) feet, more or less, to Lot No. 17, now or for- merly of Brtndle: thence by said lot. southward, one hundred fifty-nine (159) feet, more or less. to a point In the buildIng line of West Keller Street. aforesaid; thence by said bullding line. westward. thirty-five (35) feet, more or less. to a point at the place of beginning, HAVING thereon erected a two- story frame dwelling house and other buildings, known and num- bered as 34 West Keller Street. BEING KNOWN AS: 34 WEST KELLER STREET. MECHANICS, BURG. PA 17055, PROPER1Y lD NO,: 16-23-565- 124, TITLE TO SAID PREMISES IS VESTED IN Joseph D, MUler. Jr.. marrted person by deed from Mary E. Paul and Elwood C. Paul. hus- band and wife dated 12/15/99 re- corded 12/23/99 In Deed Book 213 Page 836,