Loading...
HomeMy WebLinkAbout06-0673 . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY 1.0. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOOOCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@Udren.com Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(sl NO. Olo - /P 13 (JiUl,L ~ER-~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 71 7-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 . NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the deht is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address ofthe original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669.5400 ,. 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2, Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 20 Green Meadow MUNICIPALITY/TOWNSHIP/BOROUGH: North COUNTY: Cumberland DATE EXECUTED: 12/20/04 DATE RECORDED: 12/22/04 BOOK: 1892 Drive Middleton Township PAGE: 955 The legal description of the mortgaged premises is attached hereto and made part hereof, 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of , principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6, The following amounts are due on the said Mortgage as of 1/11/06 : Principal of debt due Unpaid Interest at 8.95%* from 4/1/05 to 1/11/06 (the per diem interest accruing on this debt is $38.56 and that sum should be added each day after 1/11/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $223.54 and that sum should be added on the first of each month after 1/11/06) Late Charges (monthly late charge of $75.70 should be added in accordance with the terms of the note each month after 1/11/06) NSF Charges Suspense Balance Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $157,237.26 10,978.68 325.00 280.00 636.55 681.30 20.00 (14.84) 7,861.86 $178,005.81 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $178,005.81 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. \JN0 Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ;COB ..r,; ALL :nr.t7' CltRrAlN lnCt of IIIId siIu8 ill Nmdl ~ To1nIIbIp. CUIIIIlIrIIIIll QiuaI;y .l'tlIlIII11vuia, mcxe pudIluIarlJ bcJo1tW'd '1lId cIeIcribId . follows: ' M!DlNNlNG lit I __ ,--, die ..-.0-- CA:l!DIlr Gt die 10& IImID .......~..jelI, III tbI _lbt.m ript.of-way n. of as- Madqwa Drive 81 coaIIlr of !mil - CII' t'oIarl)' of MadIa L. ~~&""Iak: __ IbIIlIlIdIaow or &...AI) of MudII L. Yidlp"Mooi-, da'" of II twIM (12) ibot wide \,,,,'I'lD'I' aIIGJ IIllI .... IIIlW or ~ of Baa7 H. ... Ncda ~DbIe (29) _* Sft1-ti&1It (58) ...- 211I'O (00) 1ICC)IIlI. Welt CD b..ddrcd ~8'Ie 1IIll1lfllea ~..4dII (1!JS.15) _10 . poiDt; dIaIce aIoD& IIDIII of Dclq 'l"baIIu (Loc 18) SlIlIIb tIfl;y IM11 (57) __ farI;yofile (-45) .~. .- filIty- dIlce (43) III[ G Welt _ 1...Ared IJx 1IIllfi1l7-lDur b:o.dIIr" (10l5.!4) feet IU I poiDt: tbeKe aJ.aq 0IblIr IaIIds ~ a. HeIca M. K.-a IiIlIIa (Lot I%J SciuIh 1IIiEt1-two (32) ~ foualioOu (14) ....._~~~ &\ ~.. (1'7) _..""'Eaat.. ~~ JIiIIItyaftw ... zero ~ (1!JS;00) feet IU I poblt; IIIlI, 1bIIIllI .. IIIc JIlIIlbcnl rJpt-of-ny . of Gnla1 MIIdowa DJift North Bay__ (57) 4eaa- forIy.ave (45) ...1. J a..~ (43) _.otdo &It Dblmy..... IlId ""'oODe IIuIIdredlbI (.98.81) c.c to . ___ ---. die PIKe of BBGINNING. . CONrAlN1NG ~ ",..III J taw (0.45) _ (ZO,0221qlJ1P1 fM) ad beiaI.c.;r-"" Lot No.1. IIKnns IIIl a l'1PH...I...,y/FlJlal taiIlIDeveJapmcat PIm far LIDda of BeIeR M; rc.-a cIIfCCl Nl,;\..... 23, 1ll9ll, wIlb m.tIiaa cIite of MIll:h 22. 2000. ~ by R. J. Fi&ber ml .aocIltte. lac.. wbIda wu ~~_ 26, 2000. by till: NIlIlh Uio1oIJ.onn , TOWIIIhip Baud of Co-lI&l"'Jerl, . eapy of wIIi:Il u =otlICd ill ('\'~'_lto"" COUlll1 PIIIl Book 81. at Pqc 26. 'i' " , hl~ UI 111.11 1,[11, PF: 2 SC B DATE 01/]2/06 00]4965]23 LOAN NO DATE LEITER VER REQ DESCRIPTION ] ]115/05 OP793 010 R26 Part ] PA NOI bor ] prop 647/00] 4965] 23/0P793111910000000000000 November ]5, 2005 Danie] L Cutchall 20 Green Meadow Dr Carlisle PA 17013 PF:] SCF LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/]2/06 0014965]23 111]5/05 OP793 010 R26 Part] PANOIbor] prop Homeowners Name: Daniel L Cutchall Rebecca D Cutchall Property Address: 20 Green Meadow Dr, Carlisle PA 17013 Loan Account No.: 00]4965]23 Original Lender: OPTION ONE MORTGAGE CORPORATION Current LenderlServicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EXHIBIT /.1 YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP793 010 R26 Part I PA NO! bar I prop IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP793 (Page I of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP793 010 R26 Part I PA NO! bor I prop 647/001 4965123/0P793/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: 1 SCF2SCB LOANNO DATE LEITER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP793 010 R26 Part 1 PA NO! bor 1 prop MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP793 010 R26 Part 1 PA NO! bor 1 prop or you may contact Pennsylvania Housing Finance Agency at 800.342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency web site at www.phfa.org.Itis only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked PF; 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15105 OP793 010 R26 Part 1 PA NO! bor ] prop within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP793 010 R26 PF; 2 SC B LOAN NO DATE 01/12/06 DATE LETTER VER REQ DESCRIPTION 00]4965123 1l/15/050P794 010 R26 Part I PANOIbor ] Prop 647/00] 4965] 23/0P794/3/910000000000000 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 ]]/15/050P794 010 R26 Part I PANOIbor] Prop eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OP794 010 R26 PF: 2 SC B DATE 01/12/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11/15/05 OP795 016 R26 Part 2 PA NO! bor I prop 647/0014965123/0P795/4/9/oo00000000000 Re: Loan No. 0014965123 ********************************************************************** NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A TIEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for PF; I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP795 016 R26 Part 2 PA NO! bor I prop Emergency Mortgage Assistance.) ********************************************************************** HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 20 Green Meadow Dr, Carlisle P A 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 7 MONTHS @ $ 1,485.16 MONTHS @ $.00 $ 10396.12 PF: 1 SC F 2 SC B LOAN NO DATE LEITER VER REQ DESCRIPTION DATE 01112/06 0014965123 11/15/05 OP795 016 R26 Part 2 PA NO! bor 1 prop (b) Previous late charges; $ 529.90 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 10926.02 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11115/05 0P795 016 R26 Part 2 PA NO! bor 1 prop OP795 (Page 4 of9) PF: 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01112/06 0014965123 11115/05 OP795 016 R26 Part 2 PA Nor bar 1 prop 6471001 4965123/0P795/5/9/0000000000000 HOW TO CURE THE DEFAULT. You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $10926.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: PF: 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01112/06 0014965123 11/15/05 OP795 016 R26 Part 2 PA Nor bor 1 prop Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Bldg 200 Ste 102 Jacksonville, FL 32246 Mailstop: J1 CASH Pay to: Option One Mortgage Corporation Code City: OptionJax, PI You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP795 016 R26 PF: 2 SC B DATE 01112/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11115/05 OP796 009 R26 Part 3 P A NOI bor I prop 647/00] 4965123/0P796/6/9/0000000000000 Re: Loan No. 0014965123 IF YOU DO NOT CURE THE DEFAULT. If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01112/06 0014965123 11/15105 OP796 009 R26 Part 3 PA NOI bar I prop considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP796 009 R26 Part 3 PA Nor bar 1 prop will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP796 009 R26 Part 3 PA Nor bar I prop costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP796 (Page 6 of 9) PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRJPTlON DATE 01/12/06 0014965123 11/15/05 OP796 009 R26 Part 3 PA NOI bor ] prop 647/00149651 23/0P79617/9/0000000000000 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRJPTlON DATE 01/12/06 0014965123 11/15/050P796 009 R26 Part3PANOIborlprop will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP796 009 R26 PF: 2 SC B DATEOl/12/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11/15/05 OP797 023 R26 Part 4 PA NOI bor 1 prop 647/00] 4965] 23/0P797/8/9/0000000000000 Re: Loan No. 00]4965123 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste ] 02 Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: ] SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 0]/12/06 00]4965]23 11/15/050P797 023 R26 Part4PANOIbor I prop Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or ]-800-326-]500 ext. 61730 Fax Number: ] -866-497 -] 263 Contact Persons: Dary] Johnson, Sara Haliko and Robinn Abel Office hours: Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday and Saturday 8:00 a.m. to 5:00 p.m. Email Address:PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and PF: ] SC F 2 SC B LOAN NO DATE LEITER VER REQ DESCRIPTION DATE 0]/12/06 00]4965]23 ] ]/15/05 OP797 023 R26 Part 4 PA NO! bor ] prop attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) , ' * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. PF: 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP797 023 R26 Part 4 P A NO! bar 1 prop OP797 (Page 8 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP797 023 R26 Part 4 PA NO! bar 1 prop 647/0014965123/0P797/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION , , BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 1I/15/050P797 023 R26 Part4PANOIbor I prop (Page 9 of 9) OP797 023 R26 PF: 2 SC B DATE 01112/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11115/05 OP840 012 R25 Part I PA NOI CO-BOR 2 PROP 647/0014965 I 23/0P840/1/9/0000000000000 , , November 15, 2005 Rebecca D Cutchall 20 Green Meadow Dr Carlisle PA 17013 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01112/06 0014965123 11/15/05 OP840 012 R25 Part 1 PA NOI CO-BOR 2 PROP Homeowners Name: Daniel L Cutchall Rebecca D Cutchall Property Address: 20 Green Meadow Dr, Carlisle P A 17013 Loan Account No.: 0014965123 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP840 012 R25 Part 1 PA NOI CO-BOR 2 PROP IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: , , * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP840 012 R25 Part 1 PA NOI CO-BOR 2 PROP OP840 (Page 1 of 9) PF: 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP840 012 R25 Part 1 PA NO! CO-BOR 2 PROP 647/00149651 23/0P840/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP840 012 R25 Part 1 PA NOI CO-BOR 2 PROP MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP840 012 R25 Part I PA NOI CO-BOR 2 PROP or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 {Persons with impaired hearing can call (7 I 7) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org.Itis only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP840 012 R25 Part I PA NOI CO-BOR 2 PROP within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP840 012 R25 PF: 2 SC B DATE 01/12/06 0014965]23 LOAN NO DATE LETTER VER REQ DESCRIPTION 11/15/05 OP84l 010 R25 Part I PA NOI CO-BOR 2 PROP 647 /0014965 I 23/0P841 /3/9/0000000000000 YOU MUST FILE YOUR APPLICA TION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP84l 010 R25 Part I PA NOI CO-BOR 2 PROP eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OP841 010 R25 PF: 2 SC B DATE 01/12/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11/15/05 OP842 015 R25 Part 2 PA NOI CO BOR 2 PROP 647/0014965 I 23/0P842/4/9/00000OO00OO00 Re: Loan No. 0014965123 ********************************************************************** NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP842 015 R25 Part 2 PA NOI CO BOR 2 PROP Emergency Mortgage Assistance.) ********************************************************************** HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: , . 20 Green Meadow Dr, Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HA VE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 7 MONTHS @ $ 1,485.16 MONTHS @ $.00 $ 10396.12 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP842 015 R25 Part 2 PA NOI CO BOR 2 PROP (b) Previous late charges; $ 529.90 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 10926.02 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/050P842 015 R25 Part2PANOICOBOR2PROP OP842 (Page 4 of 9) ~. . . . PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP842 015 R25 Part 2 PA NOI CO BOR 2 PROP 647/00149651 23/0P842/5/9/0000000000000 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $10926.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: PF: I SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/050P842 015 R25 Part2PANOI CO BOR 2 PROP Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation .... '. .. Bldg 200 Ste 102 Code City: OptionJax, FL Jacksonville, FL 32246 Mailstop: J1 CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP842 015 R25 PF: 2 SC B DATE 01/12/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11/15/050P843 007 R25 Part 3 PANOI CO BOR2PROP 647/0014965123/0P843/6/9/0000000000000 Re: Loan No. 0014965123 IF YOU DO NOT CURE THE DEF A UL T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/050P843 007 R25 Part 3 PA NOI CO BOR 2 PROP considered due immediately and you may lose the chance to pay the '- ... . mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP843 007 R25 Part 3 PA NOI CO BOR 2 PROP will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/050P843 007 R25 Part 3 PANOI CO BOR 2 PROP "-- . .. 10 costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP843 (Page 6 of 9) PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP843 007 R25 Part 3 PA NOI CO BOR 2 PROP 647/00 14965123/0P84 3/7 /9/0000000000000 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale ~. .. . . PF: I SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/050P843 007 R25 Part 3 PANOI CO BOR 2 PROP will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP843 007 R25 PF: 2 SC B DATE 01/12/06 0014965123 LOAN NO DATE LETTER VER REQ DESCRIPTION 11/15/05 OP844 024 R25 Part 4 P A Nor CO BOR 2 PROP 647/0014965123/0P844/8/9/0000000000000 Re: Loan No. 0014965123 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 i.. ..>>,. Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP844 024 R25 Part 4 PA Nor CO BOR 2 PROP Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-1500 ext. 61730 Fax Number: 1-866-497-1263 Contact Persons: Daryl Johnson, Sara Haliko and Robinn Abel Office hours: Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday and Saturday 8:00 a.m. to 5:00 p.m. EmaiJ Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/050P844 024 R25 Part 4 PANOI CO BOR 2 PROP attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. L ......... * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 11/15/05 OP844 024 R25 Part 4 PA Nor CO BOR 2 PROP OP844 (Page 8 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 01112/06 0014965123 11/15/05 OP844 024 R25 Part 4 PA Nor CO BOR 2 PROP 647/001 4965123/0P844/9/9/0000OO00000OO ... .... A JI * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. PF: 1 SCF2SCB LOANNO DATE LETTER VER REQ DESCRIPTION DATE 01/12/06 0014965123 111I5/050P844 024 R25 Part4PA Nor CO BOR2 PROP (Page 9 of 9) OP844 024 R25 PF: 2 SC B 04 It", ~.'If V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. \JW Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. 0 ~ ....., ~ B C~ >:"--~, C": C'J 7;j ~ en _.r' .--< - '"T1 ~jJJ Ii <A ~-; 1-' r-q n CD ...,.., "1 , "/~ yJ If( N '~; ~~l , 'r U1 C) :~ - ~. .~~' "'- :..;.;: <r) ....::r Iv '5/' 1 -0 <;? ;-;s \.tv fA r".) ~ ~ ;< C> - --.l ~ (j) ~ .J:- t SHERIFF'S RETURN - REGULAR CASE NO: 2006-00673 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OPTION ONE MORTGAGE CORPORATIO VS CUTCHALL DANIEL L ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CUTCHALL DANIEL L DEFENDANT was served upon the , at 1755:00 HOURS, on the 13th day of February 2006 at 20 GREEN MEADOW DRIVE CARLISLE, PA 17013 REBECCA CUTCHALL, WIFE by handin9 to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40 Sworn and Subscribed to before "'" me this J1 ~ day of :J d tJl)l,., A.D. " Pro otarYfJ So Answers: .-r~~'~.#J R. Thomas Kline "/"/"'0 ~ UDRENB~W OFn/1~ ~ t . Deputy Sheriff . \ SHERIFF'S RETURN - REGULAR CASE NO: 2006-00673 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OPTION ONE MORTGAGE CORPORATIO VS CUTCHALL DANIEL L ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly swo:cn according to law, says, the within COMPLAINT - MORT FORE was served upon CUTCHALL REBECCA D the DEFENDANT at 1755:00 HOURS, on the 13th day of February, 2006 at 20 GREEN MEADOW DRIVE CARLISLE, PA 17013 by handinq to REBECCA CUTCHALL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ,"...- ,'/ / ?' L""'4;'~'.1')>-:-"':";" 1 ,...~~r".:'A'" //.~; /'<~~~::t:~.~ R. Thomas Kline Sworn and Subscribed to before By: me this . .., \1 ' day of A.D. ~ - UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(s) NO. 06-673 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against the Defendant(s) Daniel L. Cutchall and Rebecca D. Cutchall for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 1/12/06 to 3/21/06 Late charges per Complaint From 1/12/06 to 3/21/06 Escrow payment per Complaint From 1/12/06 to 3/21/06 $178,005.81 2,660.64 227.10 447.08 TOTAL $181.340.63 I hereby certify that (1) the addresses of t e plaintiff and Defendant are as shown above, and (2) that notice h s been given in accordance with Rule 237.1, a copy of which is attache hereto. DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: (Yl';:i()ci oJ! d(){)b , PRO PROTHY - UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOOD CREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Option One Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF v. 1 COURT OF COMMON PLEAS ~ CIVIL DIVISION I Cumberland County I NO. 06-673 Civil Term Daniel L. Cutchall Rebecca D. Cutchall Defendant(s) Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 DATE of Notice: March 8, 2006 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL USED FOR THAT PURPOSE. I i , s . il, Esgulre Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Option One Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF v. j COURT OF COMMON PLEAS E CIVIL DIVISION I Cumberland County ~ I NO. 06-673 Civil Term Daniel L. Cutchall Rebecca D. Cutchall Defendant(s) Daniel L. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 DATE of Notice: March 8, 2006 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, US TED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL ,BE USED FOR THAT PURPOSE. (\ I \ Mar~-~. i~i~, Esquue Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(s) NO. 06-673 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $181.340.63 Interest From 3/22/06 6.516.64 to Date of Sale September 6,2006 Ongoing Per Diem of $38.56 to actual date of sale including if sale is held at a later date (Costs to be added) $ roREN LAW OFFICES, P.C. S fl, ,... -r \.) -;u '\l t - r.n -..2l ~ tr, ~ ~ U( i.JV ~ ~ r; f -I- I; G \J (/) VI h 9--- 4 - G-> ll,J <;> ~ ~ .t:. t.'( \) ~ V) \) \ \: \) ~ - - ( r - - ~ w -- 9.J vt j: V G V , \ \ ~-u ~::":::. =\p- -pO - i-f t~- ~ - ~~ ...0 . 6 Crt \) e:- \) C ~;~ ig Qi ,p - -,;~-. J~\<"< ;;;;) ",> .... ::L-n in?: -;'l~ :"-~~I, -\':,.;:' ':: -1\ -'~9 J~. ~.r' c:J ,.< - ~ WRlT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-673 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due OPTION ONE MORTGAGE CORPORATION, Plaintiff (s) From DANIEL L. CUTCHALL AND REBECCA D. CUTCHALL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION _ (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as foIlows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined horn paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found iu the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $181,340.63 L.L. $.50 Interest FROM 3/22/06 TO DATE OF SALE 9/6/06 - ONGOING PER DIEM OF $38.56 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $6,516.64 Atty's Comm 0;., Due Prothy $1.00 Atty Paid $130.40 Plaintiff Paid Other Costs Date: MARCH 21, 2006 CURTIS R. LONG (Seal) Prothonotary p ~ ~~~<2.. - - O(/YL.r-- Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 NO. 06-673 Civil Term Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r J. U en, ESQUIRE ORNEY FOR PLAINTIFF .-..> r::..) ("~,) Q..... -'!"" _l... ~':-.,. ~ 1"" o -0 :j=!--n ~nF; .~.n . 1'Y' '> (t.., \}-;f,> )r:i ..~ ::.g ...... -::J ~ .,-- .. C> ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 NO. 06-673 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Option One Mortgage Corporation, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 20 Green Meadow Drive, (North Middleton Township), Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Daniel L. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name a record Name and address of every judgment creditor lien on the real property to be sold: Address whose judgment is James C. Costopoulos 10 Courthouse Avenue Carlisle, PA 17013 ~ 4. Name and address of the last recorded holder of every mortgage of record: Name Address plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 20 Green Meadow Drive (North Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: March 21, 2006 1'''' "'~.-.~ -;;. 'N p.) ~:~ :r.." fnf~ :i~ ~~J :~~~> -0 ::0: " .' ~;.;~ v -"-I ?8 ..... .r;: C) f'-J i ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(s) NO. 06-673 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel L. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Your house (real estate) at 20 Green Meadow Drive, (North Middleton Township), Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 6,2006, at 10:00 am in the Commissioner's Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $181,340.63, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffts Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorneyts fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) # ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ~:: r'"" ...,~:) ~y~ :JT~ .)::,~ :;':0 "", - () -n -, :!:--n n1r;.:.o. ~~)rj] _.-'.C.' ;~, )-. <'l-~.-~":" (~~\~:{'\ -.~>\ ,;.j ~ "1J ~-.. .r:: (? t"':' ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(s) NO. 06-673 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Your house (real estate) at 20 Green Meadow Drive, (North Middleton Township), Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 6,2006, at 10:00 am in the Commissioner's Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $181,340.63, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffls Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorneyls fees. To find out how much you must pay, you may call: {856l-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) [ - YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffls Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ,--.> c::~ (J c::;, ., c;~. ~. --! -r -n -~ hl r~;; -n m ,....., :;)0 -a ~~~-~ ~~ " c,::) , 'c~'" L- ;~~5nl :-~ :> CJ :1.1 rv -< , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(s) NO. 06-673 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". This Affidavit is made subject to relating to unsworn falsification Dated: September I, 2006 All Notices were served within 3129. C.S. Section 4904 BY: Mar . U ren, Esqu~re Attorney for Plaintiff ... UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Option One Mortgage Corporation 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-673 Civil Term v. Daniel L. Cutchall Rebecca D. Cutchall 20 Green Meadow Drive Carlisle, PA 17013 Defendant(s) DATE: March 21, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) : Daniel L. Cutchall and Rebecca D. Cutchall PROPERTY: 20 Green Meadow Drive (North Middleton Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 6,2006, at 10:00 am, at the. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A h 110: 0: :J:I uju. . . ci: i~! uju. J @tli lo;l ..., '15 ! 0: u. i~ 11 . III II! ~ II J I ') __ f!:. 1 (J s . 15. ! J JI~ ~ ~ f' lid: Ii: ~ ~ I~ I ~'fI)6 . eo ~ limB I~H rJ : I I >of - ~ i~ H ~~,Ij ~! ~( l~ ; ~ ~I~ - J'H 2f Ii EI; i ilS ..Ii ill & II, ;11 z. :! 0 ~_ C'I (W) ~ 11) 'j~ ..df' ~ f'C'" ~ ::) ~ i U-ti ~lul .,'1 ,. ;I.i! I !t I, r " - /~ fN' ~ f ~ 'I> ':r~ , . /, j' I') ~r- i y J ,'~~-,y~,... 1 i 1: ..i I t. t i . ~ .. 1: - , t /~~J i ~l\~&jJt~ I: ~~ft~. "1 I...... '\.;.(l?,'"!;."~;,,,/;..,,.~~~:~r:li;'''-'''J'': "'1: ' :3 I J i I ~ E l :. 10 Q, ns!..~ \ li v ii\() ~ ~<< I II i i~\'0 ~ ~ :: ~ .~ ~ ~ I~ ~ . , , ~t::~" ,;, ': '';';'' " '<i' ,C a: Ie G~ z ; ~ ~t'- ~ co ..... ,llC) CD EXHIBIT A .. t , . Option One Mortgage Corporation VS Daniel L. Cutchall and Rebecca D. Cutchall In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-673 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on May 8,2006 at 10:25 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Daniel L. Cutchall and Rebecca D. Cutchall, by making known unto Daniel L. Cutchall, personally and husband of Rebecca D. Cutchall, at 20 Green Meadow Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2006 at 11: 14 0' clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel L. Cutchall and Rebecca D. Cutchall located at 20 Green Meadow Drive, Carlisle, Pennsylvania, 17013 according -to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Daniel L. Cutchall and Rebecca D. Cutchall, by regular mail to their last known address of20 Green Meadow Drive, Carlisle, Pennsylvania, 17013. This letter was mailed under the date of June 26, 2006 and never returned to the Sheriffs Office. So Answers: ~~ ,"'<~~ R. Thomas Kline, Sheriff EXHIBIT 8 (") r; :.:.:.., i. ,..., c::;:, = en (/) rq IJ I CO o '1 :r n1" c:: -t.JI1,' -f) CJ ~-'-::~~? (:."~j {"Jj <..orf) ~.) 'h' :n -< -u 3: c._' .t: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Daniel L Cutchall & Rebecca D is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 21st day of March, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 673, at the suit of Option One Mtg Corp against Daniel L Cutchall & Rebecca D is duly recorded in Deed Book No. 277, Page 923. IN TESTIMONY WHEREOF, I have hereunto set my hand J .-ttL and seal of said office this / ? day of Ck~ , A.D. ;2M 0 Option One Mortgage Corporation VS Daniel L. Cutchall and Rebecca D. Cutchall In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-673 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on May 8, 2006 at 10:25 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Daniel L. Cutchall and Rebecca D. Cutchall, by making known to Daniel L. Cutchall, husband of Rebecca D. Cutchall, personally, at 20 Green Meadow Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2006 at 11: 14 0' clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel L. Cutchall and Rebecca D. Cutchall located at 20 Green Meadow Drive, Carlisle, Pennsylvania 17013 according -to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Daniel L. Cutchall and Rebecca D. Cutchall, by regular mail to their last known address of20 Green Meadow Drive, Carlisle, Pennsylvania 17013. This letter was mailed under the date of June 26, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$179,000.00 to Daniel L. Cutchall. It being the highest bid and best price received for the same, Daniel L. Cutchall, of 20 Green Meadows Drive, Carlisle, P A 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $186,289.38. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge $30.00 3,580.00 15.00 15.00 30.00 10.00 .50 1.00 8.80 15.00 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 461.00 410.00 19.31 25.00 39.50 $4,690.11 \/ IIJ;)9/0(' c::L. .~2;:<~ , R. Thomas Kline, Sheriff BiJccLq/Sw\:L-l~ Real Estaf9 Sergeant ~ ~~V~ 3 D. /) A> J. ') Ck.. ,ft b(, u /k. ! if' v J3 ..., ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#4 (' .- ~~ .~ .~._'~ sw~;;;.;~.~~~.;~~~~ . ., ~2:;:~~;;;;~;;~8"~'~'~"~""""" I COMMuNWEALTH F PENNSYLVANIA ~ / b..".. .-..". Seal .- Terry L " Notary Public Ci Of Ham'., c." )auphin County M Commi Expi(~.June6.2010 4z. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALE NO. 04 Writ No. ~ C1v111Wm OptIon One IIonlfll CG~alton Va Daniel L. Cutchall and Rebecca D. Cutchall Atty: Mark Udren DESCRIfIilhON All mAT CEKl'AIN tract of land situate in North MiddlIlton Township, Cumba:laDd County, Pennsylvania, more particularly bouDded. and described as follows: BEGINNlNG at a concrete monument, the southeastern comer of the lot herein conveyed, on the northern rigbl-of-way line of Green Meadows Drive at comer of lands now or formerly of Martha L. Kirkpalrick; thence along lands now or formerly of Martha L. Kirkpatrick, the end of a twelve (12) foot wide unopened alley and lands now or formerly of Emory H. Baker NOI1h twenty- .,G9t.,....... ($I) . zero .__.._~ . lIIId ... ........ (t95,tl)llretlD _. tIlieIlee ~ .. of DoIla.... (Lilt ., SallIll. tfty- semi. (57) degrees fnfty-five (~ . m .11),_- dIftle (43) seconds West one bundreltlil ..fifty- _~(t06;54) feet to. ....(lands of the....,... (Lot t2) SOuth thirty-t1llt(JI) (14) minutes seventeen (17) ..........._ hundred ninety-five and 1<<1) .......t..GIJ) feet to a point; and, thence along the northern right-of-way line of Green Meadows Drive North fifty-seven (57) degrees forty-five (45) minutes forty-three (43) seconds East ninety-eight and eighty-one hundredths (98.81) feet to a concrete monument, the Place of beginning. CONTAINING forty-five hundredths (0.45) acres (20,022 square feet) and being designated Lot No. 1 as shown on a PreliminarylFinal Land Development Plan for Lands of Helen M. Kaseeta dated November 23, 1999, with revision date of March 22, 2000, prepared by RJ. Fisher and Associates, Inc., which was approved May 26. 2000, by the NOI1h Middleton Township Board of Commissioners, a copy of which is recorded in Cumberland County Plan ~ 81, at Page 26. Being known as: 20 Green - Meadow Drive (North Middleton Township) Carlisle, PA 17013. Property ID No.: 29-17-1581-059 TITLE TO SAID pREMJS!Ij IS VESTED IN Daniel L. Cutchall and Rebecca D. Cutchall, his wife as tenants by the entireties by Deed from Jack M. Smith, II aod Vauessa T. Smidt, his wife dated 1212004 recooIed 11122.4)4 in Deed Book 266 Page 4136. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , Editor o AND SUBSCRIBED before me this day of August. 2006 ~~ ~~rrb-~ j NOH\RIAl SEf.'L .~. I LO!S E. SNYDER. Nnlarv PUbliC 1 , (anisic B,)w. Cumberland Couniv i Expir~H~, f\,,11'lrr:h ~l, ?~H;::i ~ ~ ..".......,.~_.n.\1',._.....~ "".-", ;;.--r- ""rr"'-'~--'-'---"--""""'" ,,-_." .,><-'...... ""..'.~ ",. REAL ESTAn~ SALE NO Writ No. :LCJ()(, Option One Mortgage I "cpor:; llOl Daniel L. Cutchall :1I Rebecca D Cutchall Atty.: Mark Udren ALL THAT CERTAIN tract of land situate in North Middleton Town ship, Cumberland County, Pennsyl vania. more particularly bounded and described as follows: BEGINNING at a concrete manu. ment, the southeastern corner of the lot herein conveyed. on the northern right-of-way line of Green Meadows Drive at corner of lands now or formerlv of Martha L. Kirkpatrick; thence along lands now or formerly of Martha L. Kirk patrick, the end of a twelve (12) foot wide unopened alley and lands now or fonnerly of Emory H. Baker North twenty-nine (29) degrees fifty-eight (58) minutes zero (00) seconds Wes1 one hundred ninety-five and fifteen hundredths (195.15) feet to a point: thence along lands of Doug Thomas (Lot #8) South fifty-seven (57) de- grees forty-five (45) minutes forty three (43) seconds West one hun- dred six and fifty four hunciredths (106.54) feet to a point: thence alolil4 other lands of the Helen M. Kaseeta Estate (Lot #2) South thirty-two (:32) degrees fourteen (14) minutes sev enteen (17) seconds East one hun. dred ninety-five and zero hun- dredths (195.00) feet to a point: and. thence along the norUleD1 righ t -of- way line of Green Meadows Drive North fifty-seven (57) degrees foriy five (45) minutes fort.v-three (43) seconds East ninety eight and eighty-one hundredths (98.81) feet to a concrete monument. the Place of BEGINNING. CONTAINING forty- five hun dredths (0.45) acre (20.022 square feet) and being, designated Lot No. 1 as ShOVvTl on a Preliminary /Vina] Land Development Plan for Lands of Helen M. Kaseeta dated Novem- ber 23. 1999, \viih revision date of March 22. 2000. prepared by R ,J. Fisher and Associates, lnc" which was approved May 26. 2000, bv the North Middleton Township Board of Commissioners. a copy of which is recorded in Cumberland County Plan Book 81. at Page 26. BEING KNOWN AS: 20 Green Meadow Drive (North Middleton Township) Carlisle. I'A 17013 PROPERTY ID NO.: 29-17-1581 059 flTLE TO SAID PREMISES IS VESTED IN Daniel L. Cutchall and Rebecca D. Cutchall. his wife as tenants by the entireties by deed from Jack M. Smith. II and Vanessa T. Smith, his wife dated 12/20/04 recorded 12/22/04 in Deed Book 266 page 4136.