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Home My WebLink About05-6575 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2002-A, ASSET-BACKED CERTIFICATES, SERIES 2002-A 650 I IRVINE CENTER DRNE IRVINE, CA 92618 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM c/(~)"~~ Plaintiff NO. OS; - tS7S v. CUMBERLAND COUNTY MICHAEL F. BARNES DANIELLE M. BARNES 817 SURREY COURT CAMP HILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 124947 File #: 124947 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) nAYS OF RECEIPT OF THIS PLEADING, COUNSEL F'OR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE nEBT WILL BE ASSUMED TO BE VALIn. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENnANT(S) THE NAME AND AnnRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERI on FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) nAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULn CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2002-A, ASSET-BACKED CERTIFICATES, SERIES 2002-A 6501 IRVINE CENTER DRNE IRVINE, CA 92618 2. The name(s) and last known addressees) of the Defendant(s) aw: MICHAEL F. BARNES DANIELLE M. BARNES 817 SURREY COURT CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/25/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND Coumty, in Mortgage Book No. 1499, Page: 5538. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 124947 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2005 through 12/15/2005 (Per Diem $78.68) Attorney's Fees Cumulative Late Charges 04/25/2002 to 12115/2005 Cost of Suit and Title Search Subtotal $273,495.51 27,459.32 1,250.00 1,451.98 $ 550.00 $ 304,206.81 Escrow Credit Deficit Subtotal 0.00 9,812.79 $ 9,812.79 TOTAL $ 314,019.60 7. The attorney's fees set forth above are in conformity with the mOligage documents and Pennsylvania law, and will be collected in the event of a third pally purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 'II of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 314,019.60, together with interest from 12/15/2005 at the rate of $78.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN H~INAN & SCHMIEG, LLP '-~ .AI ~~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Pile #: 124947 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland situate in the Township of Fairview, County of York, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Limekiln Road, said point being the southwest comer of Lot No. 166 of the hereinafter mentioned Plan of Lots; thence by Lot No. 166, North sixteen (16) degrees one (01) minute twenty-six (26) seconds West, a distance of one hundred sixty-five and no-hundredths (165.00) feet to a point on the southern right of way line of Surrey Court at the northwest comer of the said Lot No. 166; thence along the southern right of way line of Surrey Court, South seventy-three (73) degrees fifty-eight (58) minutes thirty-four (34) seconds West, a distance of ninety-five and no-hundredths (95.00) feet to a point; thence by a curve to the left, having a radius of five and no-hundredths (5.00) feet, an arc distance of seven and eighty-five hundredths (7.85) feet to a point on the eastern right of way line of Coach Lane; thence along the eastern right of way line of Coach Lane, South sixteen (16) degrees one (01) minute twenty-six (26) seconds East, a distance of one hundred forty-five Eind no-hundredths (145.00) feet to a point; thence by a curve to the left, having a radius of fifteen and no-hundredths (15.00) feet and an arc distance of twenty-three and fifty-six hundredths (23.56) feet to a concrete monument on the northern right of way line of Limekiln Road; thence along the northern right of way line of Limekiln Road, North seventy-three (73) degrees fifty-eight (58) minutes thirty- four (34) seconds East, a distance of eighty-five and no-hundredths (85.00) feet to the southwest comer of Lot No. 166 of the hereinafter mentioned Plan of Lots, the point and Place of BEGINNING. CONTAINING 16,446 square feet or 0.38 acre. BEING Lot No. 165 of the Final Subdivision Plan of Phase III-B of Green Lam: Manor as prepared by H. Edward Black & Associates and recorded in York County Plan Book LL, Page 764. BEING known and numbered as 817 Surrey Court, Camp Hill, Pennsylvania. BEING Tax Parcel No. 27-000-30-0165. SUBJECT to building setback lines of twenty-five (25) feet from Surrey Court and Coach Lane, ten (10) feet from the side yard line of Lot No. 166, and a rear setback line of thirty-five (35) feet from Limekiln Road. UNDER AND SUBJECT to pipeline and construction easement as shown on the aforesaid Plan. UNDER AND SUBJECT to a Declaration of Covenants and Restrictions recorded in York County Record Book 99-W, Page 956, and under and subject to the By-Laws of Green Lane Manor Homeovmers Association, Inc., recorded in York County Record Book 99-W, Page 930. BEING the same premises which Michael F. Barnes and Katherine E. Barnes by their deed dated the 5th day of May, 2000, and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 1463, Page 3717, granted and conveyed unto Michael F. Barnes, Grantor herein. PROPERTY BEING: 817 SURREY COURT File #: 124947 . VFRTFlCATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he: is attorney for PLAINTlFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time aJlowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. h/hy. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1~j;S is , \1 .t: ~ ...{) "\) t>J -- "-- ~ ~ B, "'::! -k;}. Crt Lrt lIl, \) -0 r ~ ~ Q \c, "':;.,. ""01,<n n"\"'\ -~ -!:..-.~ "":. ':I) \~~_L .~ ~r~~:~ k^. :-..< ,.., = ~ o ~ - -.D o -n :1~ n1-;; "",'ii1 :,J..../ c:~C) -_.,_'f", ._ ~t' ;:'%~ tj ~_.~ ,:-'- ",",'1 ::< 8 -v _.... -~ - ~ o '" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARNES MICHAEL F ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BARNES MICHAEL F but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 17th, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 6.00 9.00 10.00 47.91 1. 75 74.66 01/17/2006 PHELAN HALLINAN So answers: .,/,-"', ----- ~:c,.=~~4-:/ R.' Thomas Kline- (~ Sheriff of Cumberrand County ? SCHMIEG Sworn and subscribed to before me this ';'f~y Of\)mJ cJ-1YC1,. t.D. ! ~'~"~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARNES MICHAEL F ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BARNES DANIELLE M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 17th, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/17/2006 PHELAN HALLINAN So answers: .., F-;'~~ eil R. Thomas Kline Sheriff of Cumberland ~-'- >)> County SCHMIEG Sworn and subscribed to before me this ,2<1::': day ORli J;mc !l:~ / Prot otar~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARNES MICHAEL F ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BARNES MICHAEL F but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 17th, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/17/2006 PHELAN HALLINAN So answers:> --. " ./~--~_. ~~ R. Thomas Kline Sheriff of Cumberland ~--_/ ---;> County SCHMIEG Sworn and subscribed to before me this ).</'E:. day oLf^WA'] A.D.~ ;;:~;h 0 aTY J JC1)(., SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARNES MICHAEL F ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT 1 to wit: BARNES DANIELLE M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 17th, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/17/2006 PHELAN HALLINAN So answers: Z._</~~:::-~f?0-: ..- -_/ R: Tnomas Kline Sheriff of Cumberland County ~..;> SCHMIEG Sworn and subscribed to before me this ,2 '("I: .2L'01" ) day of ( L."'''T I fl";i~ CASE NO: 2005-06575 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARNES MICHAEL F ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BARNES MICHAEL F DEFENDANT was served upon the at 1600 HUMMEL AVENUE , at 1224:00 HOURS, on the 6th day of January , 2006 CAMP HILL, PA 17011 DAVID MASTROLIA, ADULT IN by handing to CHARGE 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 Affidavit Surcharge 18.00 13.20 .00 10.00 .00 41.20 Sworn and Subscribed to before c: me this )'1/ \ day of A.D. So Answers: ?'~:~,#<~ R. Thomas Kline 01/17/2006 PHELAN HALLINAN SCHMIEG By:/ .') . --::? . '1 - 'T--.r:.J:,-,-< --J: (. J.'. j /l'lL1 ) Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-06575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARNES MICHAEL F ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARNES DANIELLE M the DEFENDANT , at 1224:00 HOURS, on the 6th day of January ,2006 at 1600 HUMMEL AVENUE CAMP HILL, PA 17011 by handing to DAVID MASTROLIA, ADULT IN CHARGE 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 Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ;~<~<?:::;~."<""",:/~~"", R. Thomas Kline 01/17/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before B.Y~//..".""~ r' bu - -to "^ ri. '" ) Deputy Sheriff h' ",,"'. f me t lS ~~- day 0 \ (~A.D. 'p~ I v IORKTOWNE BUSINESS FOAMS, INC Ph. '(717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net COUNTY OF YORK 1116"- ~ OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 PHS t 124947 INSTRUCTIONS PLEASE TYPE ONLY UNE 1 THRU 12 DO NOT DETACH ANY COPIES SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF'SI 2 n~~URT NUMBER WELLS FARGO BANK,N.A., . E~r;mf~m"PLAINT ~~'Vl~ 3 DEFENDANT/51 MICHAEL F. & DANIELLE M. BARNES MORTGAGE FORECLOSU SERVE ~ 5 NAME OF INDIVIDUAL COMPANY CORPORATION ETC TO SERVE OR DESCRIPTION OF PAOPERTY TO BE lEVIED ATTACHED OR SOLD ...... DANIELLE M. BARNES .". 6 ADDRESS (STREET OR RFO WTH BOX NUMBER. APT NO, CITY, BORa. TWP STATE AND ZIP CODE) AT 195 PINE WOODS ROAD, WELLSVILLE, PA 17365 7 INDICATE SERVICE o PERSONAL UPERSQNINCHARGE ~OEPUTlZE '.J~RT'h~IL. ..;jl.l,STCLASSMAll UPOSTED '-1QTHER CUIlh,,,..r.lUfla NOW Decanber 27 , 20_0~ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute thl5 Writ and make return thereof'accordlng to law. This deputization being made at the reque5t and rl5k of the plaintiff . SHERIFF OF YORK COUNTY . SPECIAL INSTR~CT}~S OR_OTtjE1jfNfoRMA TlON THAT WILL ASSIS':.!" pPEpt'rING SER)l19E /. ,; A \(. k. G' Cunber land u....cr.~. 'C/7 ~~ c;:r~ <...JI--#yJl7,(/...,. I..~r. - ** ATTEMPT SERVICE AT LEAST' 3 TIMES AND 1 TIME AFTER 6PM. ** NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenflleVYlng upon or attactung any property under within Writ may leave same withoUt a watdm\an, in custody ot whome~er \s lO\JnO 1fI possession. after notifymg person of levy or attachment, WIthout liability on the par1 of such deputy or the sheriff to any plaintiff hereto for any loss, desltUdlon, Of removal of any property belore sheriffs sale thereol 9. ~E and ADOR~SS of ATTQRNE I QRIGtNATQR and Sl~ ATURE 74c~ ,~ /'., 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADOR SS BELOW (This area must be completed rf notice IS to be mailed) Please mail return of service to Cunberland County Sheriff. Thank you. '0. TELEPHONE NUMBER n DATE ~ 12/8/05 215-563-7000 PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK. BLVD. STE. 1400 PHILADELPHIA, PA 19103 SPACE BELOW FOR USE OF 1lE stERFF - DO NOT WRITE BELOW nes LINE 13. I acknowtedge receipt of the Writ 14. OATE RECEIVED C- O' com"',,' a. ,nd,cated aOo,. (f. Ii\...! ~- Oil- 0 :.::> 16 HOWSERVED PERSONAl~ RESIDENCE(~ POSTED ( ) POEt ) SHERIFF'S OFFICE ( ) OTHER{ ) SEE REMARKS BElOW Cl 22 REMARKS ~ , 23. Advance Costs I:?tJ. [X.' 15 ~~kIO NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY ,(' oW. Signature of <Q i ___ L Dep.$henlt -.,):;.. . .). c:.~' 46 Signature otYork. c-:b /./ / ~ ~ County Sherin 7V~ {.../, {.../'?7 For Willi&~ M Hose,Sherilf 48 Slgnallue of FOtelljln County Shenff ~......-..:J:r ( 6:5 ac~;..' ~ 45 fAT'i..j 0-6 47 DATE "2 day 0\' 1/5/0f) 4S QA TE I \J YORKTOWNE BUSINESS FORMS. INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.nel COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 PHS t 124947 INSTRUCTIONS PLEASE TYPE ONl:Y LINE 1 THRU 12 DO NOT DETACH ANY COPES 2 C8URTJWMBER, '1 ::>-b::> I::> ClVl WELLS FARGO BANK,N.A., ",~WRJT.OR-COMPLAINTM ,~,' c:: 3 DEFENDANT/51 L,Ullp.l..alIl1: III r y '- ,~- MICHAEL F. & DANIELLE M. BARNES MORTGAGE FOREC URE SERVE { 5 NAME OF INDIVIDUAL COMPANY CORPORATION ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOLO ....... MICHAEL F. BARNES ..",. '\.L... 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORD. TVVP. STATE AND liP CODE) AT"'!" 195 PINE WOODS ROAD, WELLSVILLE, PA 17365 7 INDICATE SERVICE 0 PERSONAL U PERSON IN CHARGE XXI DEPUTIZE r<. '.J..CERt. MAll, l.) , 51 CLASS MAil U POSTED ~ OTHER ctlfIlI3crJ.;:mQ December 27 , 20~_ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Writ and make return thereof'accordmg to law. This depubzation being made at the request and risk of the plaintiff . 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN , PLAINTlFFJSf NOW SHERIFF OF YORK COUNTY 8 SPE~!A~, I'1STR~C111CX"~ OR OTHER INFORMATION TH~ T VVlLl ~IST IN EX~~~T1~ SER;;VICE 'it- /' LlID1Der l.ana l.U(;;lL~. ~n ~ [;f; L~IItIIJA- or 4J. ** ATTEMPT SERVICE AT LEAST 3 TIMES AN 1 TIME AFTER 6PM. ** Please mail return of service to Cumberland County Sheriff. Thank you. NorE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - AnV deputy shenff levying upon Of attachu'IQ any property under within wnt may lea....e same without a walchman. in custody of whome....er is found in possession, after nollfying person of levy or attachment Without liability on the part of such deputy Of the sheriff 10 any plaintIff helein 'or any loss, desllUctlon. 01 removal of any property before Sheriffs sale thereof E and A~ORESS 01,3NEY I ~TOR and S, GNA TURE 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BElOW (This area must be completed If notice IS to be mailed) 10, TELEPHONE NUMBER 215 563 7000 11 DATE F/~ 12/B/05 PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK. BLVD. STE. 1400 SPACE BELOW FOR USE OF THE SHERFF - DO NOT WRITE BElOW TtlS LINE 14 DATE RECEIVED Id--d-~-OS- PHILADELPHIA, PA 1910~ 16 HOW SERVED PERSONAL ( 17 CJ ,. RESIDENCE )G 15 Expiratlon/Heanng Date j-/f-Olp 13 I acknowtedge receipt 01 the wrrt 01 comp&all1t as Indicated abo....e POSTED ( ) POEt ) SHERIFF'S OFFICE ( ) SEE ~EMARKS BELOW Int 22 REMARKS 23, Advance Costs 33 Costs Due Of Refund Check No 40 Costs Due or Refund NO R AL I NOTAR LISA L. BO'NMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 44, Stgnatureof Sr.:l t /" ~ 16' Oep.Sheri" ...r ' C. ........:;,; '6 S<gnatureotyO<k c::J.-,.~~ ~ //I/c~~a' ,,},_ County Shen" c;7v- '.r -- .:/ !/ .-' :-../.. I ) ~7'" For fJi1 liiif.l N Hose Sheriff t.-i": _ 45DATY-_4_oO(. 47 DATE ..2 dayol 48 Signature of F orelQn __ County Shoorr SO I ACKNOWlEDGE RECEIPT OF THF ~HFRIFF'.s. RFTllRN .s.1r:.N.6.TII~F /5/06 49 DATE -~-------r-;-; .......r...-;:;:.;:'r..'r~ LAWS, STARUCH & PISARCIK Gerard J. Pisarcik, Esq. Atty. 10 No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendants WELLS FARGO BANK, N.A., As Trustee for OPTION ONE MORTGAGE LOAN TRUST 2002-A, ASSET-BACKED CERTIFICATES, SERIES 2002-A, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No, 05-6575 CIVIL TERM v. MICHAEL F. BARNES and DANIELLE M. BARNES, Defendants PRELIMINARY OBJECTION ON GROUND OF PA.R.C.P. 1028(a)(2) -- FAILURE TO CONFORM TO RULE OF COURT 1. Pennsylvania Rule of Civil Procedure 1147 requires that, in an action of mortgage foreclosure, the plaintiff must set forth in the complaint "the parties to and the date of any assignments, and a statement of the place of record of the assignments." 2, In Paragraph 3 of its Complaint, Plaintiff has simply stated that "Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment of same." Plaintiff has not pleaded any additional information regarding the purported assignment. 3. Plaintiff has failed to comply with said Pa.R.C,P. 1147 in that it has failed to plead in its Complaint the parties to the purported assignment, the date 4. Inasmuch as Plaintiff's Complaint fails to conform to Pa.R.C.P. 1147, said Complaint must be dismissed. WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiff's Complaint and award such additional relief as this Court deems just and proper. Respectfully submitted, B: STARUCH & PISARCIK 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendants Michael F. Barnes Danielle M. Barnes 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Defendants' Preliminary Objection has been served this 8th day of February, 2006 by U.S. first class mail, postage prepaid, upon: Francis S. Hallinan, Esq, Phelan Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 erard J. Pisa ik, Esq. Atty. ID No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043-1163 717-975-0600 .:) -, ".:-{'\ _A -;:. :',...., \ ~) ~--- , ,''1 r:~,"' r<) .J ....._J .. ,- PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Wells Fargo Bank N.A., As Trustee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A 650 I Irvine Center Drive Irvine, CA 92618 Cumberland County Civil Division v. Michael F. Barnes Danielle M. Barnes 817 Surrey Court Camp Hill, PA 17011 No. 05-6575 PLAINTIFF'S RFSPONSF TO ORI?RNOANTS' PRIU,lMINARV OR.lFc:nONS And now comes Plaintiff, Wells Fargo Bank N.A., As Trustee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A, by its attorney, Keri p, Claeys, Esquire, hereby files the within Response to Preliminary Objections of Defendants, Michael F. Barnes and Danielle M. Barnes, and in support thereof states as follows: I. The averment of paragraph one (I) contain conclusion of law to which no response is necessary. 2. Denied as stated. By way of further of response, on April 25, 2002 the mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1499, Page: 5538. Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. Additionally, see Plaintiff's attached brief. 3.-4. The averment of paragraphs three (3) and four (4) contain conclusion oflaw to which no ,. response is necessary. Additionally, see Plaintiffs attached brief for further response. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendants' Preliminary Objections and direct the Defendants to file an Answer to Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date:dJ;:;- ~ I lip ~ . Keri P. Claeys, Esquire Attorney for Plaintiff . ' VRRJFICATlON Keri p, Claeys, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Response to Preliminary Objections are true and correct to the best of her 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, DATE:~ PHMN &...SCHMIEG, LLP By: Keri P. Claeys, Esquire Attorney for Plaintiff One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 r-,<, e- ~:) ,-._' ,-:" ,,' -II :~ "": 1-,; C'.) to,. PHELAN HALLINAN & SCHMIEG, LLP BY: KERI p, CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F,K. Blvd. Suite 1400 Philadelphia, PAl 91 03-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Wells Fargo Bank N.A., As Trustee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A 6501 1rvine Center Drive Irvine, CA 92618 Cumberland County Civil Division v. Michael F. Barnes Danielle M. Barnes 81 7 Surrey Court Camp Hill, PA 17011 No. 05-6575 CF,RTlFlCATF, OF SFRVICF I hereby certifY that a copy of the Plaintiff's Response to Defendants' Preliminary Objections, Brief and attached documents were served upon counsel for the Defendants by first class mail, postage prepaid, at the address and on the date listed below: Gerard Pisarcik, Esquire, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043-1163 DATE: ~ ~\\)lp ~ Keri P. Claeys, Esquire Attorney for Plaintiff '" ,) 'c,) () :::(\ .-' .- ~ . . -- ~~., .-> ;< //----- ! PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Wells Fargo Bank, N.A., As Trustee For Option One Mortgage Loan Trust 2002-A, Asset. Backed Certificates, Series 2002-A (Plaintiff) vs. Michael F. Barnes and Danielle M. Barnes (Defendant) NO.05 Civil. Term 6575 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Address: Keri P. Claeys, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 j,F.K Blvd, Suite 1400 Philadelphia, PA 19103 (b) for defendant: Address: Gerard Pisarcik, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043-1163 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17,2006 Attorney for Plaintiff Date:~ (:: ~ PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Wells Fargo Bank, N.A., As Trustee for Option One Mortgage Loan Trust 2002-A Asset-Backed Certificates, Series 2002-A 6501 Irvine Center Drive Irvine, CA 92618 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County Michael F. Barnes Danielle M. Barnes 817 Surrey Court Camp Hill, PA 17011 Defendants : No. 05-6575 CERTIFICATION OF SERVICE I hereby certifY that true and correct copies of Plaintiff's Praecipe to List for Argument, and Certification of Service were sent via first class mail to the persons on the date listed below: Gerard Pisarcik, Esquire 20 Erford Road, Suite 305 Lemoyne, PA 17043-1163 Date: ~1~ \Dlo \ ' Keri P. Claeys, Esquire Attorney for Plaintiff " t".:> C'. LAWS, STARUCH & PISARCIK Gerard J. Pisarcik, Esq. Atty. 10 No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendants WELLS FARGO BANK, N.A., As Trustee for OPTION ONE MORTGAGE LOAN TRUST 2002-A, ASSET-BACKED CERTIFICATES, SERIES 2002-A, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No, 05-6575 CIVIL TERM v. MICHAEL F. BARNES and DANIELLE M. BARNES, Defendants PRELIMINARY OBJECTION ON GROUND OF PA.R.C.P. 1028(a)(2)-- FAILURE TO CONFORM TO RULE OF COURT 1. Pennsylvania Rule of Civil Procedure 1147 requires that, in an action of mortgage foreclosure, the plaintiff must set forth in the complaint "the parties to and the date of any assignments, and a statement of the place of record of the assignments." 2. In Paragraph 3 of its Complaint, Plaintiff has simply stated that "Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment of same." Plaintiff has not pleaded any additional information regarding the purported assignment. 3. Plaintiff has failed to comply with said Pa.R.C.P. 1147 in that it has failed to plead in its Complaint the parties to the purported assignment, the date I ' of the purported assignment, and a statement of the place of record of the purported assignment. 4. Inasmuch as Plaintiff's Complaint fails to conform to Pa.R.C.P. 1147, said Complaint must be dismissed. WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiff's Complaint and award such additional relief as this Court deems just and proper. Respectfully submitted, TARUCH & PISARCIK 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendants Michael F. Barnes Danielle M. Barnes 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Defendants' Preliminary Objection has been served this 4th day of April, 2006 by U.S. first class mail, postage prepaid, upon: Keri P. Claeys, Esq. Litigation Department Phelan Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 LA RCdL- . 10 No. 39181 2 Erford Road, Suite 305 Lemoyne, PA 17043-1163 717-975-0600 (~ ) (~. , "\' c. PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Wells Fargo Bank N.A., As Trustee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A 6501 Irvine Center Drive Irvine, CA 92618 Cumberland County Civil Division v. Michael F. Barnes Danielle M. Barnes 817 Surrey Court Camp Hill, P A 17011 No, 05-6575 Pl.AINTIFF'S RF,SPONSF- TO nF-FF.NnANTS' SF-CONn SF-T OF PRRUMINARV OR.IFCTIONS And now comes Plaintiff, Wells Fargo Bank N.A., As Trustee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A, by its attorney, Keri P. Claeys, Esquire, hereby files the within Response to Second Set of Preliminary Objections of Defendants, Michael F. Barnes and Danielle M, Barnes, and in support thereof states as follows: I. The averment of paragraph one (1) contain conclusion oflaw to which no response is necessary. 2. Denied as stated. By way of further of response, on April 25, 2002 the mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No, 1499, Page: 5538. Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. Additionally, see Plaintiff's attached brief. " .... 3.-4. The averment of paragraphs three (3) and four (4) contain conclusion oflaw to which no response is necessary. Additionally, see Plaintiff's attached brieffor further response. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendants' Second Set of Preliminary Objections and direct the Defendants to file an Answer to Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & CHMIEG, LLP - Date: c; Keri P. Claeys, Esquire Attorney for Plaintiff " .. PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Wells Fargo Bank N.A., As Trustee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A 6501 Irvine Center Drive Irvine, CA 92618 Cumberland County Civil Division v. Michael F. Barnes Danielle M. Barnes 817 Surrey Court Camp Hill, P A 17011 No. 05-6575 C'ERTTFIC'ATF, OF SFRVWF I hereby certifY that a copy of the Plaintiffs Response to Defendants' Second Set of Preliminary Objections, Brief and attached documents were served upon counsel for the Defendants by first class mail, postage prepaid, at the address and on the date listed below: Gerard Pisarcik, Esquire, Esquire 20 Erford Road, Suite 305 Lemoyne, P A 17043-1163 DATE: . Keri P. Claeys, Esquire Attorney for Plaintiff Q c .-.> ~" ~'> :,:':1 ,.;;\"..... ::::::: -- -~ \ N ". C) ~T' .-1 ~,-r; r-nF .~"j\~ -< \~_.' '? o ..,.. Wells Fargo Bank, F.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6575 Civil Term vs. Michael F. Barmes, et al., Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at be held on Wednesday, May 17, 2006. Date: May 15, 2006 Dale F. Shughar Supreme Court I.D. 9373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Keri D. Claeys, Esquire, Phelan Hallinan & Schmieg, LLP Gerard Pisarcik, Esquire 2 ....., = ~ = < a'"' -of~! :It ~:n o;J(! :P" ...~.. .~' -< z,r -o~ S?~:i U1 :0 0 !:;::C --, ~(- -0 :I::il ;?; (j :It 00 Zm :P-c:: r:-:' ~ 7 :;! N ~ -J WELLS FARGO BANK, N.A., as Trustee For Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A 6501 Irvine Center Drive Irvine, CA 92618 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUTNY, PENNSYLVANIA V. MICHAEL F. BARNES DANIELLE M. BARNES 817 Surrey Court Camp Hill, PA 17011 : 05-6575 CIVIL IN RE: PRELIMINARY OBJECTION OF DEFENDANTS BEFORE HESS. J.. OLER. J.. AND EBERT. J. ORDER OF COURT AND NOW, this 19th day of May, 2006, upon consideration of the Preliminary Objection of the Defendants, Michael F. Barnes and Danielle M. Barnes, the Plaintiff's Response thereto, and after argument, IT IS HEREBY ORDERED AND DECREED that the said Preliminary Objection is SUSTAINED. Plaintiff is directed to file an Amended Complaint within 45 days from the date of this order which shall include (1) names of all parties to the assignment of the Defendants' Mortgage from One Mortgage Loan Trust, (2) the date of the assignment, and (3) the place of record of the assignment. By the Court, ~i P. Claeys, Esquire Attorney for Plaintiff ~rard Pisarcik, Esquire Attorney for Defendants ~ ~ -L lk\\ ~ M. L. Ebert, Jr., \J. ~~D~ O~. if bas ViN\f/\l,ASNN3d UNrv~.'~, (",'-; '~"""..hlnl"\ I i 1\,' .' '''+'\11-.) B 2 :8 WV 22 J.. \tl~ 900l AtN10Ni,JHlOdd 3111 :i0 :rJI:!-:lO-G3lH PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id. No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2002-A, ASSET -BACKED CERTIFICATES, SERIES 2002-A 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, 05-6575 CUMBERLAND COUNTY v, MICHAEL F, BARNES DANIELLE M, BARNES 817 SURREY COURT CAMP HILL, PA 17011 Defendants AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 124947 File #: 124947 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N,A" AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2002-A, ASSET-BACKED CERTIFICATES, SERIES 2002-A 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 2, The names and last known address of the Defendants are: MICHAEL F, BARNES DANIELLE M. BARNES 817 SURREY COURT CAMP HILL, PA 17011 who are the mortgagors and real owners of the property hereinafter described, 3, On 04/25/2002 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1499, Page: 5538, A true and correct copy of the Mortgage is attached hereto made part hereof and marked as Exhibit A, By Assignment of Mortgage recorded on May 31, 2006 in Mortgage Book No, 1814, Page No, 5679, said mortgage was assigned to the Plaintiff, A true and correct copy of the Assignment is attached hereto made part hereof and marked as Exhibit B, 4. The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 124947 6. The following amounts are due on the mortgage: Principal Balance Interest OIiOl/2005 through 12/15/2005 (Per Diem $78,68) Attorney's Fees Cumulative Late Charges 04/25/2002 to 12/I5/2005 Cost of Suit and Title Search Subtotal $273,495.51 27,459.32 1,250.00 1,451.98 $ 550.00 $ 304,206,81 Escrow Credit Deficit Subtotal TOTAL 0.00 9,812,79 $ 9.812,79 $ 314,019.60 7, The attorney's fees 5et forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8, Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the date set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or have been denied assistance by the Pennsylvania Housing Finance Agency, 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendants in the sum of $314,019.60, together with interest from 12/I5/2005 at the rate of$78,68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, ELAN HALLINAN & SCHMIEG, LLP J By: C?\. RENCE T, PHELAN, SQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 124947 LEGAL DESCRIPTION ALL THA T CERTAIN tract or parcel of land situate in the Township of Fairview, County ofY ork, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Limekiln Road, said point being the southwest comer of Lot No, 166 of the hereinafter mentioned Plan of Lots; thence by Lot No, 166, North sixteen (16) degrees one (01) minute twenty-six (26) seconds West, a distance of one hundred sixty-five and no-hundredths (165,00) feet to a point on the southern right of way line of Surrey Court at the northwest comer of the said Lot No. 166; thence along the southern right of way line of Surrey Court, South seventy-three (73) degrees fifty-eight (58) minutes thirty-four (34) seconds West, a distance of ninety-five and no-hundredths (95,00) feet to a point; thence by a curve to the left, having a radius of five and no-hundredths (5,00) feet, an arc distance of seven and eighty-five hundredths (7.85) feet to a point on the eastern right of way line of Coach Lane; thence along the eastern right of way line of Coach Lane, South sixteen (16) degrees one (01) minute twenty-six (26) seconds East, a distance of one hundred forty-five and no-hundredths (145,00) feet to a point; thence by a curve to the left, having a radius of fifteen and no-hundredths (15,00) feet and an arc distance of twenty-three and fifty-six hundredths (23,56) feet to a concrete monument on the northern right of way line of Limekiln Road; thence along the northern right of way line of Limekiln Road, North seventy-three (73) degrees fifty-eight (58) minutes thirty- four (34) seconds East, a distance of eighty-five and no-hundredths (85,00) feet to the southwest comer of Lot No, 166 of the hereinafter mentioned Plan of Lots, the point and Place of BEGINNING, CONTAINING 16,446 square feet or 0.38 acre, BEING Lot No. 165 of the Final Subdivision Plan of Phase m-B of Green Lane Manor as prepared by H, Edward Black & Associates and recorded in York County Plan Book LL, Page 764, BEING known and numbered as 817 Surrey Court, Camp Hill, Pennsylvania, BEING Tax Parcel No, 27-000-30-0165, SUBJECT to building setback lines of twenty-five (25) feet from Surrey Court and Coach Lane, ten (10) feet from the side yard line of Lot No, 166, and a rear setback line of thirty-five (35) feet from Limekiln Road. UNDER AND SUBJECT to pipeline and construction easement as shown on the aforesaid Plan. UNDER AND SUBJECT to a Declaration of Covenants and Restrictions recorded in York County Record Book 99-W, Page 956, and under and subject to the By-Laws of Green Lane Manor Homeowners Association, Inc., recorded in York County Record Book 99-W, Page 930. BEING the same premises which Michael F, Barnes and Katherine E, Barnes by their deed dated the 5th day of May, 2000, and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 1463, Page 3717, granted and conveyed unto Michael F, Barnes, Grantor herein, PROPERTY BEING: 817 SURREY COURT File #: 124947 EXHIBIT A ., '1) ~~..' .\ " ,"j I,. fi~(\ ,. :r . "'n"'l' 'II '..: :,~~i-" ,. ,v.>-- WHEN RECORDED MAlL TO: OPTION ONE MORTGAGE CORP. 5538 1r.99 YORKCOUNTV Ilr P.O. BOX 57076 IRVINE, CA 926l9-7076 Loan Number: 151014474 Servicing Number: 614390-3 Pa~eINumber:27-000-30-0165. 00-00000 )+ '1.. ',." .' .".'\ -."" ( '. )L /.' rSpace Above This Line For b:oIdiDg Datal ~. <'. " ! . j ~ ., ,'~ .; .~~.~"""l!l;1'< .. ~< ,.,< , - ". . "i'!i.~?~~rr';$\i~~,-,_. _~~l' "}.".i MORTGAGE .""'<;;"".-.i' '" V . . The mortgagor is ).""/~ ~ / ." ,I THIS MORTGAGE ("Security Instrument") is given on MICHAEL F. BARNES A SINGLE MAN f-. April 25, 2002 ("Borrower"). This Security Instrument is given to ( Option One Mortgage corporation~ California Corporation which is organized and existing under the laws of address is , and whose CALIFORNIA 3 Ada, Irvine, CA 92618 ("Lender"). Borrower owes Lender the principal sum of TWO HUNDRED SEVENTY NINE THOUSAND ... AND NO/100THs Dollars (U.S. $279,000.00 ). This debr is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on May 01, 2032 This Security Insrrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals. extensions and modifications of the Note; (b) the payment of all other snms, with intere5t, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in york County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYL V ANlA - Single Family Page I of 10 PAD lOOt 1 (011t2101) MfP . . SETTLEf.ENT AGENCIEf,;~ · ;499 ~)fflOE : . . <~ 1.. 66/66 64/65/2662 13:32 7179698923 COMMITMENT SCHEDULE C 5539 File Number: 02-344KS ALL that certain tract Or parcel of land situate in the TO\Vllship of Fairview, County of York. Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern righl of way line of Limekiln Road, said point being the Southwest comer of Lot No, 166 of tbe hereinafter mentioned Plan of Lots; thence by Lot No. 166, North sixteen (16) degrees one (01) minutes twenty-six (26) seconds West, a distance of one hundred sixty-five and no-hundredths (165.00) feet to a point on the Southern right of way line of Surrey Court at the Northwest comer of the said Lot No. 166; thence along the Southern tight of way line of Surrey Court, South seventy-three (73) degrees fifty-eight (58) minutes thirty-four (34) seconds West, a distance of ninety-five and no-hundredths (95.00) feet to a point; thence by a curve to the left, haVing a radius of five and no hundredths 7.85) feet to a point on the Eastem right of way line of Coach Lane; thence along the Eastern right of WllY line of Coach Lane, Soutb. sixteen (16) deg.:ees one (01) minute twenty-six (26) seconds East, a distance of one hundred forty-five and no-hundredths (145.00) feet to a point; 1hence by a curve to the left, having a radius of fifteen and no-hundredths (15.00) feet to an arc distance of twenty-three and fifty-six hund~edths (23,56) feet to a concrete monumen.t on the Northern right of way line of Limekiln Road; 1hence along the Northern right of way line of Limeldln Road, North seventy-three (73) degrees fifty-eight (58) minutes thirty-four (34) seconds East, a distance of eighty-five and no-hundredths (85.00) feet to the Southwest corner of Lot. No, 166 of the hereinafter mentioned Plan of Lots, the point and Place of Beginning, CONTAINING 16.446 square feet or 0.38 acres. BEING Lot No, 165 of the Final Subdivision Plan of Phase IlI-B of Green Lane Manor as prepared by H. Edward Black & Associates and recorded in York County Plan Book LL, Page 764, . BEING kno""n and numbered as 817 Surrey Court, Camp Hill, Pennsylvania. BEING the same premises which Michael Barnes and Kathryn E. Barnes, by Deed dated OS/05/2000 and recorded 1I/02/02 in Cumberland County Record Book 1463, Page 3720, granted and conveyed uoto Michael F. Barnes, single, in fee, Parcel No: 27-30-165 ' Accuracy of acreage content andlor square footage not gunranteed. tAW SODV PM?E 1499 5540 Loan Number: 151014474 Servicing Number: 614390-3 nate: 04/25/02 which has the address of 817 SURREY CT, CAMP HILL (Street, City] Pennsylvania 17011-8375 [ZipCodel ("Propeny Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Propeny is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, COVENANTS. Borrower and Lender covenant and agree as follows: I. Paymeol of PriDcipal and Intc:r...r; I'n:pay.- and Late 0Iargcs. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and iDsuraDce. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Leoder on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on lhe Property; (b) yearly leasehold payments or ground rents on the Property, ifany; (c) yearly hazard orpropeny insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums. if any; and (f) any sums payabie by Borrower to Lender, in accordance wilh the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mongage loan may require for Borrower's escrow account under the federal Real Estale Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 el seq. ("RESPA "I, unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed lhe lesser amoun!. Lender may estimate the amount of Fuods due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. Tbe Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an inSlitution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may nol charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying lhe Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reponing service used by Lender in connection with lhis loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings On the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds, sbowing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAOlOOl2 (01/12101) M16 Dl"ln\~ ~ .I.! ~.. 4 . Pl.;r,E ~ . .-, 1499 5541 Loan Number: 151014474 Servicing Nwnber: 6l4390-3 Date: 04/25/02 If the Funds held by Lender exceed the amounts permilled to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow [terns when due, Lender may so notify Borrower in writing, and, in sueb ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretioD. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender. prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition Or sale as a credit against the swns secured by this Securily Instrument. 3. Application of Paymems. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 sball be applied: first, to any prepayment charges due under the Note; second, 10 amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any [ate charges due under the Note. 4. 0Iarges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may allain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien whieb has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement Satisfactol)' to Lender subordinating the lien to this Security Instrument, If Lender determines that any pan of the Property is subject to a lien which may allain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazan! or PropeIty Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for whieb Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance earrier providing the insurance shall be ebosen by Borrower subject to Lender's approval whieb shall not be unreasonably withheld. [f Borrower fails to maintain coverage described ahove, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mongage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,' Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. [n the event of loss, Borrower shall give prompt nolice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall he applied first 10 reimburse Lender for costs and expenses incurred in conneclion with obtaining any sueb insurance proceeds, and then, at Lender's option, in sueb order and proportion as Lender may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 ofl0 PADlOO13 (01112101) ~16 "OO!f :.}" ,...\ p,' rr . . ~ ,. - 1499 5542 Loan Number: 151014474 Servicing Number: 614390-3 Date: 04/25/02 restoration of the Propeny to a condition satisfactory 10 Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that lhe insurance carrier has offered to setde a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpOne the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's righllo any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to lbe extenl of the sums secured by this Security Instrumenl immedialely prior 10 the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is nol specifically required by Lender, Ihen such insurance shall (i) name Lender as loss payee thereunder, and (ii) be suhject to the provisions of this paragraph 5, 6. 0cl:upaDcy. Preservalion, M.ip........... 8Dd ProIectioo of the Property; ~. s Loan AppIic:lIIion; LeasehokIs. Borrower acknowledges thaI the Lender does nol desire to make a loan 10 Borrower secured by this property on Ihe tenns contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this propeny as Borrower's primary/secondary residence and that Borrower will so occupy this propeny as its sole primary/secondary residence within sixty (60) days after the date of the Security Instrument, If Borrower breaches this promise to occupy the propeny as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addilion to the remedies provided in the Securily Instrument; (I) Declare aU sums secured by the Security instrUment due and payable and foreclose the Security InSlCument, (2) Decrease Ihe term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non.owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commil waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinsl31e, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower. during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, inclnding, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrUment is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to Ihe Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purponing 10 affect the Propeny or any ponion thereof or Borrower's title thereto, the validity or priority of the lien created hy this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Propeny. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Propeny or any pan thereof, or in connection with any transaction financed in whole or in pan by the proceeds of the Note Or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Propeny or any pan lhereof, including causes of action arising in ton or contract and causes of Page 4 of 10 PADlOO14 (01112101) ~1D BOm( p~r.!:' ,. ....- 1499 5543 Loan number: 151014474 Servicing Number: 614390-3 Date: 04/25/02 action for fraud or concealmenr of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any pan thereof, as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such funher assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7. Protection of Leader's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Propeny (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulalions), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may inclnde paying any suma secured by a lien which has priority over this Security Instrument, appearing in coun, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender 10 Borrower requesting payment. 8. Mortgage \ns1mmc:e. If Lender required mongage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mongage insurance in effect. If, for any reason, the mongage insurance coverage required by Lender lapses or ceases 10 be in effect, Borrower shall pay the premiums required 10 obtain coverage substantially equivalent to the mongage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mongage insurance previously in effecl, from an a1temale mongage insurer approved by Lender. If substantially equivalent mongage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one.twelfth of the yearly mongage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mongage insurance. Loss reserve payments may no longer be required, at lhe oplion of Lender, if mongage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required 10 maintain mongage insurance in effect, or to provide a loss reserve, until the requirement for mongage insurance ends iu accordance with any wrillen agreement between Borrower and Lender or applicable law, 9. ~OQ. Lender or its agent may make reasonable entries upon and inspections of the Propeny. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Cnnd.......otinu. The proceeds of any award or claim for damages, direct or consequential, in connection with any condenmation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respeel to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender 10 Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized 10 collect and apply the proceeds, at its option, either to reslOration or repair of the Property or 10 the sums secured hy this Security Instrument, whether or not Ihen due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred 10 in paragraphs I and 2 or change the amount of such payments. Page S of 10 PADtOUIS (0Ilt2101) M1D DO 0;<, Pf\r.r: ; ..\C'!.. 1499 5544 Loan Number: 151014474 Servicing Number: 614390-3 Date: 04/25/02 II. Borrower Not Released; Fotbearm:e By Lender Not a Wai..,,-. Extension of the time for payment or modification of amortization of the sums secured by this Security Instnlment granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or othetwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest, Any forlJearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Suooesaors and Asaigns lIouDd; loiot.m SevellII Liabi1ity; Co-sigoers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (h) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan CIwges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (h) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. IS. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Bonowec's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument, 17. TIlIIISfer oflbe Property or a Beneficia1lntaat in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The nntice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permiued by this Security Instrument without further notice or demand on Borrower. Page 6 of to PADlOO16 (OI/(2101) MiD , , "f"\n.v rY)\.'I', Dr.~r- t ....'\\..~..- 1499 5545 Loan Number: 151014474 Servicing Number: 614390-3 Date: Q4/25/02 18. lIorrower's Right 10 ReiDstaIc. If Borrower meets cenain conditions, Borrower shall have the right to have enforcement of this Security InstrUlt1eIIt discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) befote sale of the Propeny pursuant to any power of sale oontained in this Security Instrument; or (b) entry of a judgment enforcing this Securily Instrument. Those conditions are that Borrower: (a) pays Lender all sums which lhen would be due under this Security Instrument and the Note as if no acoeleration had occurred; (b) cures any default of any other covenants or agreemenls; (c) pays all expenses incurred in enforcing this Securily Instrument, including, bUI not limited to, reasonable attorneys' fees; and (d) llIkes such action as Lender may teasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security InSlIUtDell1 shall conlinue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effeelive as if no acceleration had occurred. However, this righlto reinstate shall oot apply in lhe case of acoeleration under paragraph t 7. 19. Sale of NoIe; a.ange of Loan Serviccr. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice 10 Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer") Ihat collects monthly payments due under the Note and this Security Instrument. There also may be ODe or more changes of lhe Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the mange in accordance with paragraph 14 above and applicable law. The ootice will state the nlllllC and address of the new Loan Servicer and the address to which payments should be made. The ootice will also contain any other infonnarion required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. ZO. Hazardous SuboIana::s. Borrower shall nOl cause or pennil the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Propeny. Borrower shall not do, nor allow anyone else 10 do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on lhe Property of smail quantilies of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other aclion by any governmental or regulatory agency or private party involving the Propeny and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is llOIified by any governmental or regulatory authority, that any removal Ilr other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, ils directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claillliJ, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other (required plan), expenses and liability directly or indirectly arising out of or attributable to (aj the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous SubSlances on, under or about the Propeny, (b) the transpon to or from the Property of any Hazardous Substances, (c) lhe villlalion of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in Ihis paragraph 20, 'Hazardous Substances' are those substances defined as toxic or hazardous subslances by Environmental Law and the following substances: gasoline, kerosene, olher flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate 10 health, safety or envirorunental proleClion. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Al:tdcration; Remedies. If any ;".,.111.."" UDder !be Note or DOleS sec:utM hetdIy is not paid wilen due, or if Borrower sbouId be in default UDder any provision of litis Security 1Datnunent, or ifllorrower is in default under any oIber IDOItg3gc or othet iDstnunent sec:utM by !be Properly, all swas IIeClIRd by litis Security IusIrumeot and acc:roed inlen:st II1eRloa sball at once become due and payable at the option of Leode< without prior DOIice, except as otherwise required by applicable law. and regardless of Page 1 of 10 PADlOOt7 (01/12/01) ~ , . BOOK pp, l?J:: 1t.99 55t.6 Loan Number: 151014474 Servicing Number: 614390-3 Date: 04/25/02 IIG'J prior fodJearaore. In sud1 evan, Lender, at its option, and subject to applicable law, may then or thereafter invotc the powa of sale and/or IIG'J otbcr muedics or take IIG'J otber actions permitted by appIicIbIe law. Lender will coIk:ct all e'P""JSOS iDcumd in punuingthe muedics described in this 1'angnph 21, iDdudiag, bul DOIlimilfd to, reasooabIe attorneys' fees aod <lOIItS of litIe evideDc:e. 22. ReIease.Upon paymenl of all sums secured by this Securily Inslrument, Lender shall release Ihis property withouI warranty 10 the person or persons legally enlitled to il. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of Ihe fee is permitted under applicable law. 23. Waivas. Borrower, 10 the extenl permitted by applicable law, waives and releases any error or defecls in proceedings to enforce this Security Instrument, and hereby waives the benefil of any presenl or fumre laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinat.d<>W<Ul Period. Borrower's lime to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant 10 this Security Instrument. 25. Purehase Money Mortgage. If any of the debt secured by Ihis Securily Inslrumenl is lenllO Borrower 10 acquire litle 10 the Property, this Security Inslrumenl shall be a purchase money mortgage. 26. Interesl Rate After Judgmeat. Borrower agrees that Ihe interesl rale payable after a judgmenl is enlered on Ihe NOle or in an action of mortgage foreclosure shaIl be the rate payable from time to time under the Nole. 27. MistepRseolaIiOlland NoodiscIosure. Borrower has made cenain written representations and disclosures in order to induce Lender to make the loan evid""""" by the Note or noles which this Securily Instrumenl secures, and in the evenl that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or noles secured by this Securily Instrument, immediately due and payable. 28. Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of SlaluIe of Umilalions. The pleading of the slatute of limilalions as a defense to enforcement of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law, 30. Modification. This Security Inslrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 31. Reimbursemeot.To the extent permitted by applicable law, Borrower shall reimburse Truslee and Lender for any and all COSIS, fees and expenses which eilher may incur, expend or sustain in the execution of the trust created hereunder or in the perfonnance of any act required or permilted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the NOle, any other nole secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or paniallien releases and other documenls requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrumenl; fees arising from a returned or dishonored check; rees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees. broker fees. insurance mid-teon substitutions. repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other Page 8 of 10 PADlOOl8 (01112/01) I<<1b Loan Number: l5l0l4474 Servicing Number: 6l4390-3 1300\\ 11+99 ....r-r: "f, '.', ., . . .. - 5541 Date: 04/25/02 fees and costs of a similar nature not otherwise prohibited by law. permitted by applicable law, Bonower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Bonower in connection with the Note or Security Instrument. 32. Oerical Enor. In the event Lender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security InslIl1n1eDt, Note or notes contains an enor that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon nOlice from Lender, to reexecute any documents that are necessal)' to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 33. Lost Stolen, Destroyed or MutiJalI:d Securilf /nstnJmeolllDd 0Iba- J)nn._. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or instruments execured in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Bonower by Lender, or, in the event of the mutilation of any of the Loan Documents, upun Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, sto]en, destroyed, or mutilated Loan document, and such replacemenl shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 34. Assigmnr:ot of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, Borrower shall have the right to collect and retain the rents of the Propeny as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 35. Riders to Ibis Security 1DstrumeDt. If one or more riders are executed by Borrower and recorded together with tbis Security Instrument, the covenants and agreements of each such rider sball be incorporared into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) Ii!] Adjustable Rate Rider o No Prepayment Penalty Option Rider o Other(s) (specify) Page 9 of 10 o Condominium Rider o Planned Unit Development Rider o 1-4 Family Rider o Occupancy Rider PADlOOl9 (01/12/01) M16 Loan Number: 151014474 fin",! . " '_~ T-" PAGE 1499 5548 Servicing Number: 6143903 Date: 04/25/02 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recoIded with it. Witnesses: Mlf!!:!IW (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Certificate of Residence I [>"AJi:LIIe.-t. ~jJ-elI2,-1 . do bereby certify that the correct address of the Withi~.n~~rtga~;" is ' Witness my hand this 3 .:SMrVinedayc:r il;;;~~. ~~ ~ ~ Agent of Mortgagee ~ COMMONWEALTII OF PENNSYLVANIA, ~lilJ On this, the;;z.5#L day of /'n,/JJj)/? officer, personally appeared J LA-~7 . !f/j~htli-I K /5ar~ known to me (or satisfactorily proven) to be the person within instrument and acknowledged that My Commission Expires: Pale 10 of 10 County ss: , before me, the undersigned whose name subscribed to the executed the same for the purposes herein contained. Tide of Officer ...f .. ;. ~~.. . ,~;!'i~:""~'\"" " .. -' :;'. PADI.il12lO1l r,- ..,," ,,' t. ~'.' .~'~""{~'"'t EXHIBIT B *151014474001* *151014474001* WHEN RECORDED MAIL TO: Option One Mortgage Corporation 3 Ada, lIvine, CA 92618 ATTN: QUALITY CONTROL 11 OS7S3SS (1 ~td\ \jJ11,~ Loan Number: 151014474 Servicing Number: 0006143903 A.P.N.# 27.000-30.Q165.00.oo000 (Space Above This Uae For Recordla. Datal ASSIGNMENT OF MORTGAGE COMMONWEALTH OF PENNSYLVANIA, } <l York COUNTY, rp FOR VALUE RECEIVED, the und....igned , ~ OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION V J \ doe. hereby grmt, barg.w.....~~ convey, .ssign and deliver unto '\.J Wells Fargo Bank, N,A~' ~s Truslee for Option One Mortgage Loan Trust 2002-A, Asset-Backed Certificates, Series 2002-A Whose.ddres. is: 1015 10th Ave. S.E., MS 0031 Minne.polisMN 55414 ~h.:L Q..<. ~ f..1AAA./ lhaJ.ce!laiqMortgageexecuted by MICHAELF. BARNES ASINGLEMAN ;t -r-- - n-. J- ~ ~I"'~"v I( (Mortgagor) totbe undersigned, wWcb Mortgage is recorded in the office of the Recorder of Deed. of York County ofPennsyivani., in Book J499 , and P.ge 5538 .nd as Instrument No. 2002046645 OV'- \p/(.j ~'l... - , together with tbedebt thereby secured .nd the note therein described and all righ~ title, and interest of the undersigned in and to the land and property conveyed by .aid Mortgage, said premi.es being situated in CAMP HILL County of York , PennsylvaoJa, and known as: 817 SURREY CT CAMP HILL, PA 170118375 Mortgage Amount: S279,000.00 DESCRIllED ON MORTGAGE REFERRED TO HEREIN Prior Assignments: Location of Property: TownsWp, borough, municip.lity or ward # (indicate which): City: CAMP HILL State of Pennsylvania IN WITNESS WHEREOF, the undersigned has cau.ed this instrument to be executed in its name by its duly authorized officer, 'on the 19th day of Apri~ 2006. To have and to hold unto OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATIO its successors and assigns forever. ATTEST: ~ Tr.cy M. Solomon I Assistant Secretary Nhut Le [Spa.. Bel... Tbll Lla. ".r A........ledgm..t) Bank 181~ flue 5679'- [Spa.. Below This Line For Acknowledgmentl State of California County of Orange On April 19, 2006 before me, M. Moradshahi, personally appeared, Tracv M. Solomon, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offic,ial seal. Signature (Seal) M. Moradshahi, N Public My Commissio xpi es May 29, 2009 Certificate of the Precise address of the assignee Option One Mortgage Corporation, A California Corporation 3 Ada Irvine, CA 92618 This certifies that the precise address of the Assignee, is: 101510th Ave. SE MS0031, Minneapolis, MN 55414 By: Tracy M. Solomon, Assistant Secretary Penas)'lvania Auigoment of Mortgage Page lofl PAMSOOJ! (05-02-94) Ltmd Services of PA 400 FtIIoW$/dp RtNJd, S"lIe 250 ML lA""eI, NJ 01054 (856) 793-3200 Fax (856) 793-3201 RECORD OWNER AND LIEN CERTIFICATE Issue Date: 1I .2-05 Eft'eetive Date: 9.30-05 Order Number: Servic:er: CUeat Number: PA39365 Washington Mutual Bank 124947 Premiles: 817 Surrey Court, Camp Hill, PA 17011 Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability henmnder is assumed by the Company solely in its capacity IS an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THA T CERTAIN tract or parcel ofland situate in the Township of Fairview, County of Y 0I'k, Commonwealth of Pennsylvania, more particularly bounded and described IS follows, to wit: BEGINNING at a point on the northern right of way line of Limekiln Road, said point being the southwest comer of Lot No. 166 of the hereinafter mentioned Plan of Lots; thence by Lot No. 166, North sixteen (16) degrees one (01) minute twenty-six(26) seconds West, a distance of one hundred sixty-five and no-hundredths (165.00) feet to a point on the southern right of way line of Surrey Court at tbe nortbwestcomer oftbe said Lot No. 166: thence along the southern right of way line of Surrey Court, South seventy-lhreo (73) des-s fifty-cight (58) minutes thirty-four (34) seconds West, a distance of ninety-five and no-hundredths (95,00) feet to a point; thence by a curve to the left, having a radius of five and no-hundrodths (5.00) feet, an an: distance of seven and eighty-live hundredths (7.85) feet to .. point on the eastern right of_y liDe of Coach Lane: thence along the eastern right of way line of Coach Lane, South sixteen (16) degrees one (01) minute twenty-six (26) scconds East, a distance of one hundred forty-live and ao-huftdredths (145.00) feet to a point; thence by a curve to the left, having a radius of fifteen and no-hundredths (1 5.00) feet and an an: distance of twenty-three and fifty-six hundredths (23.56) feet to a concrete monument on the northern right of way line of Limekiln Road; thence along the northern right of way line of Limekiln Road, North seventy-three (73) degrees fifty-eight (58) minutes thirty-four (34) seconds East, a distance of eighty- five and n<rhundredths (85.00) feet to the southwest corner of Lot No. 166 of the hereinafter mentioned Plan of Lots, the point and Place of BEGINNING. A TfACHBD TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number. P A39365 Servleer: W....actoa Matal Baak CHeat Number: 124947 CONTAINING 16,446 square feet or 0.38 acre. BEING Lot No. 165 of the Final Subdivision Plan of Phase moB of Green Lane Manor as prepared by H. Edward Blick & Associates and recorded in York County Plan Book LL, Page 764. BEING known and numbered as 817 Surrey Court, Camp Hill, Pennsylvania. BEING Tax Parcel No. 27..000-30-0165. SUBJECT to building setback lines oftwenty-tive (25) feet from Surrey Court and Coach Lane, ten (10) feet from the side yard line of Lot No. 166, and a rear setback line of thirty-five (35) feet from Limekiln Road. UNDER AND SUBJECT to pipeline and construction easement as shown on the afonlsaid Plan. UNDER AND SUBJECT to a Declaration of Covenants and Rcslrictioas rccorded in York County Record Book 99-W, Page 956, and under and subject to the By-Laws ofOrecn Lane Manor Homeowners Association, Inc., recorded in York County Record Book 99-W, Page 930. BEING the same premises which Michael F. Barnes and Katherine E. Barnes by their deed dated the 5th day of May, 2000, and recorded in the Office of the Recorder of Deeds in and for Yon: County, Pennsylvania, in Record Book 1463, Page 3717, granted and conveyed unto Michael F. Barnes, Grantor herein. .' YORK COUNTY RECORDER OF DEEDS 100 WEST MARKET STREET YORK, PA 17401 Randi L. Reisinger - Recorder Gloria A. Fleming - Deputy Instrument Number - 1006041168 Book ~ 1814 Starting Page. 5679 Recorded On 5/31/1006 At 1:54:15 PM · Total Pages. 5 · Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number. 617048 · Grantor. OPTION ONE MORTGAGE CORPORATION · Grantee. WELLS FARGO BANK N A Vser. LLB · Customer - JADC LLC . FEES STATE WRIT TAX JCS/ACCESS TO JUSTICE RECORDING FEBS PIN NUMBER FEES COUNTY ARCHIVES FBE ROD ARCHIVES FBB TOTAL $0.50 $10.00 $13.00 $2.00 $2.00 $3.00 $30.50 PARCEL IDENTIFICATION NUMBER 270003001650000000 Total Parcels: 1 I CemtY This Document To Be Recorded In York County. Pa. THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT . . I.formatlo. de.oted by.. asterisk may change durlDg tbe .erlflcatlo. p....... ..d may Dot be reftccted OD this page. Book: 1814 Page: 5683 VERIFICATION FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the Verification could not be obtained within the time allowed forthe filing on the pleading, that he is authorized to make this verification pursuant to Pa, R,C,P, I024(c) and that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are based upon infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, infonnation and belief. Furthennore, it is counsel's intention to substitute verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities, rancis S, Hallman, squire Attorney for Plaintiff Date:1-J::c \ Up File #: 124947 r , . -, ..-\ ~- ;", ~ c', .~ PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank as trustee for Option One Mortgage Loan trust 2002-A, asset-backed Certificates, series 2002-A ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael F. Barnes Danielle M. Barnes Defendant( s) No. 05-6575 PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended, Please Vacate the judgment entered and mark the action discontinued and ended without prejudice, Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: tJ~4~ ~S:~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 124947 ~, ,-, :T.:: r~ t ,; _.l [.,'