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HomeMy WebLinkAbout06-1264UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 com Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Steven G. Fitting Cindy R. Fitting € U NO. 4385 Carlisle Road / ?(C Gardners, PA 17324 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 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: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4385 Carlisle Road MUNICIPALITY/TOWNSHIP/BOROUGH: Dickinson Township COUNTY: Cumberland DATE EXECUTED: 12/31/02 DATE RECORDED: 1/9/03 BOOK: 1791 PAGE: 1138 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 2/21/06: Principal of debt due $123,038.39 Unpaid Interest at 9.4% from 11/1/05 to 2/21/06 (the per diem interest accruing on this debt is $31.69 and that sum should be added each day after 2/21/06) 3,525.13 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $202.89 and that sum should be added on the first of each month after 2/21/06) (120.87) Late Charges l h f 5 ate c arge o 62.72 (monthlyy should be added in accordance with the terms of the note each month after 2/21/06) 313.60 Suspense Balance (64.54) Attorneys Fees (anticipated and actual to 5% of principal) 6,151.92 TOTAL $133,448.63 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 $133,448.63 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF GROUND, SITUATE ON THE EASTERLY RIGHT OF WAY LINE OF PA 34 (SR 0034), LYING AND BEING IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND NUMBERED AS LOT NO. 18 ON A FINAL PLAN OF LOTS FOR MICHAUX MEADOWS PHASE II RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN SUBDIVISION PLAN BOOK 64 PAGE 42B, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF PA 34 (SR0034) AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID RIGHT OF WAY LINE OF PA34 (SR0034) NORTH THIRTY-ONE (31) DEGREES ONE (01) MINUTE FOURTEEN (14) SECONDS TWO HUNDRED TEN (210) FEET TO A POINT, AT A CORNER OF LOT NO. 19 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 19 SOUTH SIXTY-SIX (66) DEGREES TWO (02) MINUTES ZERO (00) SECONDS EAST TWO HUNDRED TEN AND SEVENTEEN ONE-HUNDREDTHS (210.17) FEET TO A POINT; THENCE EXTENDING ALONG LOT NO. 21 ON SAID PLAN SOUTH TWENTY-FOUR (24) DEGREES THIRTEEN (13) MINUTES FORTY (40) SECONDS WEST TWO HUNDRED (200) FEET TO A POINT, AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 17 NORTH SIXTY-EIGHT (68) DEGREES FOUR (04) MINUTES FIFTY-NINE (59) SECONDS TWO HUNDRED THIRTY-FIVE AND TWENTY ONE-HUNDREDTHS (235.20) FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING.9220 ACRES. LOAN NO DATE LETTER VER REQ DESCRIPTION 02/21/06 0010350007 01/05/06 OP010 021 R20 Part I PA NOI 647/0010350007/OPO l 0/ 1 /9/0000000000000 January 05, 2006 Steven G Fitting 4385 Carlisle Rd Gardners, PA 17324-9039 DATE PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01 /05/06 OPO10 021 R20 Part 1 PA NOI Homeowners Name: Steven G Fitting Cindy R Fitting Property Address: 4385 Carlisle Rd, Gardners PA 17324 Loan Account No.: 0010350007 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS !EXHIHI s PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OPO10 021 R20 Part 1 PA NOI IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OPO10 (Page I of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP010 021 R20 Part I PA NOI 647/0010350007/OPO10/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OPO10 021 R20 Part I PA NOI 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 02/21/06 0010350007 01/05/06 OPO10 021 R20 Part 1 PA NOI or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OPO10 021 R20 Part I PA NOI within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OPO 10 021 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP011 016 R20 Part 1 PA NOI 647/0010350007/OPO 11/3/9/0000000000000 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN 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: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OPOI 1 016 R20 Part 1 PA NOI eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OPOI l 016 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 647/0010350007/OP012/4/9/0000000000000 Re: Loan No. 00 10350007 %k**=k:k?W.#:Y.%1=:k?::Y.:k?#**=k*?=**+??%k***A::k?**%k*:F*******:k*##*%k*:K*:k*:k%*#***:K***** 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 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 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: 4385 Carlisle Rd, Gardners PA 17324 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: 2 MONTHS @ $ 1,248.18 1 MONTHS @ $ 1,241.91 $ 3738.27 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI (b) Previous late charges; $ 188.16 (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 $ 3926.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI OP012 (Page 4 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 647/0010350007/OP012/5/9/0000000000000 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3926.43, 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 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, FI Jacksonville, FL 32246 Mailstop: Jl CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP012 022 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI 647/0010350007/OP013/6/9/0000000000000 Re: Loan No. 0010350007 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 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI 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: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01 /05/06 OP013 019 R20 Part 3 PA NOI costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP013 (Page 6 of 9) PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI 647/0010350007/OP013/7/9/0000000000000 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP013 019 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21106 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI 647/0010350007/OP014/8/9/0000000000000 Re: Loan No. 0010350007 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI 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. 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 may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part4 PA NOI OP014 (Page 8 of 9) PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI 647/0010350007/OP014/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02121/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI (Page 9 of 9) OP014 031 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01105106 OP793 010 R65 Part 1 PA NOI bor I prop 647/0010350007/OP793/ I /9/0000000000000 January 05, 2006 Steven G Fitting 4385 Carlisle Rd V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ?-fo - Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. to "? tD IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY WELLS FARGO BANK, ET. AL., CIVIL DIVISION Plaintiff Case No.: 06-1264 Civil Term vs. STEVEN G. FITTING and CINDY R. FITTING, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. Paragraphs 4, 5 and 6 of the complaint are denied. Specifically, it is denied that the alleged amounts due on the principal balance, interest, court costs, escrow overdraft, late charges, and attorney's fees are accurate. The debtor cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. NEW MATTER - AFFIRMATIVE DEFENSES The answering Defendant(s) will rely upon all of the following defenses: 1. Plaintiff s cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-1692a. 2. Plaintiff s cause of action is barred in whole or in part by the doctrines of waiver and estoppel. 3. Plaintiff s cause of action has not been processed in a timely manner and is barred in whole or in part by the doctrine of laches. WHEREFORE, the Defendant(s) pray(s) that Plaintiffs complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the Defendant(s) can bring the mortgage current. Frank E. Youric Jr., Esqui Attorney for Defendant(s) Pa. ID # 00245 P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certify that on the 17th day of March, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Mark Udren, Esquire WOODCREST CORPORATE CENTER 1 I 1 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Frank E. Youri , Jr., q ire Attorney for Defendant(s P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 ?^ ?? ' ? f [ .? ? ?? ..r rt ??1{? r.5 i. <V' ?-. '" _ y _ `C1 C ? 'i ' ? °'J s= ..., „l SHERIFF'S RETURN - REGULAR CASE NO: 2006-01264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FSRAGO BANK NA VS FITTING STEVEN E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TTING STEVEN the DEFENDANT , at 1640:00 HOURS, on the 9th day of March , 2006 at 4395 CARLISLE ROAD GARDNERS, PA 17324 by handing to STEVEN G FITTING 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 38.56 Sworn and Subscribed to before me this 111; '?- day of NAA, .2m(, A.D. Prothonotary So Answers: ?.? R. Thomas Kline 03/15/2006 UDREN LAW OFFICE By: pu y r( iff SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01264 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FSRAGO BANK NA VS FITTING STEVEN E ET AL Thomas Kli ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FITTING CINDY R but was unable to locate Her in his bailiwick COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT FITTING CINDY R CARLISLE ROAD GARDNERS, PA PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers: / - Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline ?- Surcharge 10.00 Sheriff of Cumberland County .00 21.00 UDREN LAW OFFICE 03/15/2006 Sworn and subscribed to before me this 11 day of ;LmLe A.D. Prothonotary A- 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. CAPTION OF CASE (entire caption must be stated in full) Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff No. 06-1264 Civil Term vs. Steven G. Fitting Cindy R. Fitting Defendants 1. State matter to be argued (i.e. plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Mark J. Udren, Esquire Address: Woodcrest Corporate Center, Ill Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (b) for defendant: Frank E. Yourick, Jr., Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 6, 2006 Dated: July 31, 2006 UDREN LA) FF?, P for Plaintiff/Movant ,.?. FJ' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff v Steven G. Fitting Cindy R. Fitting NO. 06-1264 Civil Term Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 1. Denied. This averment is denied as a conclusion of law to which no response is required. Plaintiff acted appropriately in its dealings with Defendants and complied with the relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note. 2. Denied. This averment is denied as a conclusion of law to which no response is required. Plaintiff acted appropriately in its dealings with Defendants and complied with the relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note. 3. Denied. This averment is denied as a conclusion of law to which no response is required. Plaintiff acted appropriately in its dealings with Defendants and complied with the relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note; the amounts set forth in the Complaint, as updated in the instant Motion, are accurate and due and owing to the Plaintiff. By way of further reply, Plaintiff avers that Defendants' Mortgage account is in default as of December 2005. Plaintiff timely filed the instant foreclosure action on or about March 3, 2006, well within the applicable statute of limitations. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendants' New Matter, and award judgment in Plaintiffs favor as prayed for in its Complaint. UDREN LAW OFFICES, P.C. Bv,,:5 ?., 0!5 - J. Udr squire Attorney for Plaintiff 1 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Reply to New Matter upon the following person named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: July 31, 2006 TO: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Attorney for Defendants UDREN LAW OFFICES, P.C. By ar . U squire Attorney for Plaintiff 11, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting NO. 06-1264 Civil Term Defendants AND NOW, to wit, this day of ORDER , 2006, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendants hereto, the Court hereby determines that Defendants, Steven G. Fitting and Cindy R. Fitting, have failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendants, Steven G. Fitting and Cindy R. Fitting, in the amount of $138,916.64 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. It is further ORDERED AND DECREED that Defendants' New Matter is hereby denied and dismissed, with Prejudice. BY THE COURT: J. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendants Steven G. Fitting and Cindy R. Fitting filed an Answer and New Matter to the Complaint in which Defendants effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendants owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendants failed to respond to paragraphs 1, 2, 3, 7 and 8 of the Complaint, and therefore effectively admit, inter alia, that Defendants are the real owners and mortgagors of the within mortgaged property; and that Plaintiff complied with the statutory pre-foreclosure Notice requirements. Defendants further admit that they are in default on the subject Mortgage, acknowledging in the "Wherefore" clause of the Answer that the Mortgage is not current. Such admissions allow the Court to grant Plaintiff s Motion for Summary Judgment. 5. Although Defendants purport to deny and/or fail to deny, in whole or in part, specifically or by necessary implication, the averments contained in paragraphs 4, 5 and 6 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendants' original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101, et seg. See Exhibit "A" attached hereto (Mortgage). 7. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et se.). 8. Defendants' New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial, and contains mere conclusions of law. 9. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the Defendants attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. 10. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of debt due and unpaid $123,038.39 Interest at 9A% from 11/1/05 to 7/28/06 (the per diem interest accruing on this debt is $31.69 and that sum should be added each day after 7/28/06) 8,597.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/Balance 160.75 Late Charges 313.60 Suspense Balance (64.54) Property Inspection Fees 28.80 BPO Fee 85.00 Attorney's Fees (anticipated and actual to 5% of principal) 6,151.92 TOTAL $138,916.64 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendants, Steven G. Fitting and Cindy R. Fitting, in the amount of $138,916.64, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property; and, that Defendants' New Matter be denied and dismissed with prejudice. Respectfully submitted, UDREN LAW O CBS, B squire Attorney for Plaintiff/Movant UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term Defendants PLAINTIFF'S BRIEF IN SUPPORT OF NT MOTION FOR SUMMARY JUDGME 1. STATEMENT OF FACTS Plaintiff filed the instant action in mortgage foreclosure against the Defendants for their failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendants herein are in default of their Mortgage for failure to make payments for an excessive period of time? NT M. ARGUME Pursuant to Pa.R.C.P. 1035. 1, et sM., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary Judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that: Partial Summary Judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendants essentially admit the material facts set forth in Plaintiffs Complaint, which include, inter atia, the existence of the loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continue to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default on the Mortgage. Defendants' Mortgage account is due contractually for the period December 2005 to date, a period of nine (9) months to the time of filing of this Motion. Thus, Defendants are essentially living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action was filed, and, as of this date, Defendants have failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. &ee Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 4, 5, and 6 of the Complaint, Defendants have admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian Mortgae Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987). Defendants failed to respond to paragraphs 1, 2, 3, 7 and 8 of the Complaint, and therefore effectively admit, infer alia, that Defendants are the real owners and mortgagors of the within mortgaged property; and that Plaintiff complied with the statutory pre-foreclosure Notice requirements. Defendants further admit that they are in default on the subject Mortgage, acknowledging in the "Wherefore" clause of the Answer that the Mortgage is not current. Such admissions allow the Court to grant Plaintiff s Motion for Summary Judgment. Defendants purport to deny in part the averments contained in paragraphs 4, 5 and 6 of the Complaint as statements regarding Defendants' "lack of knowledge". It is well settled that an Answer is unacceptable and an admission where it is clear that the Defendants have adequate knowledge or that the means of obtaining information are within the Defendants' control. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co, v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978); Goodrich- Amram 2d Section 1029(c)(1) P. 280. The sums due Plaintiff are easily calculable under the terms of the Mortgage, the contents of which are clearly within Defendants' knowledge and control, and Defendants have totally failed to tender a payoff or a reinstatement of the sums due to date. Since Defendants have the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). Plaintiff accurately accounted for payments made by the Defendants. Defendants' Mortgage account is in default and due and owing for the period December 2005 to date; the amounts set forth in the Complaint, as updated in the instant Motion, are accurate and due and owing to the Plaintiff. See Plaintiffs Affidavit in Support of the Motion. Furthermore, Plaintiff attempted in good faith to work with the Defendants to reinstate the Mortgage. Plaintiff sent Defendants' attorney reinstatement figures, only to have Defendants reject Plaintiff's attempt to resolve this matter. A true and correct copy of the reinstatement notice, which accompanied Plaintiff s response to Defendants' "Fair Debt" request, is attached hereto and marked as Exhibit "B". Defendants have not taken the steps necessary to enter into a forbearance agreement or repayment plan, or taken other action to reinstate their delinquent Mortgage and cure their admitted default on the Mortgage. As Defendants effectively admit, Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 21) to charge the Defendants attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. The Pennsylvania Courts have concluded that 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees. See Federal National Mortgage Association v. U.S.A., 33 Pa.D.&C. 3d 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner, 260 Pa.Super. 455, 410 A.2d 344 (1979). Under the circumstances, the attorney's fee recited herein is reasonable. The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The Act 6 Notice of Intention to Foreclose (41 P.S. Section 101, et sec .) is only required when the original bona fide principal amount of the mortgage is Fifty Thousand Dollars ($50,000.00) or less. The original bona fide principal amount of the subject Mortgage is in excess of $50,000.00. See Exhibit A attached hereto (Mortgage). As Defendants effectively admit, Plaintiff complied with the Pennsylvania pre- foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et seg.) The Pennsylvania pre-foreclosure Act 91 (35 P.S. Section 1680.403c, et leg.) states: "Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the notice provided in subsection (b)...." At the time Plaintiff sent Defendants the statutory combined pre-foreclosure Notice, Defendants' last known address was the mortgaged premises. Plaintiff (mortgagee) properly sent Defendants the Notice to this address, as evidenced by the computer generated copies of the Notice attached hereto and collectively marked as Exhibit "C". Finally, Defendants' request in the "Wherefore" clause of the Answer, that the instant action "be delayed for ninety (90) days until the Defendant(s) can bring the mortgage current", is wholly unwarranted. As a preliminary matter, Defendants' statement acknowledges that Defendants are not current on their Mortgage; i.e., that the Mortgage is in default. Defendants' Mortgage account is due contractually for the period December 2005 to date, a period of nine (9) months to the time of filing of this Motion. Defendants have had more than ample time and opportunity to bring the Mortgage current, but have failed to take the steps necessary to do so. Defendants can reinstate their delinquent Mortgage while the instant Motion is pending with the Court, or at any time up to the sale of the premises by the Sheriff, if they choose to. Therefore, the foreclosure action does not need to "be delayed", and Defendants' request should be rejected by the Court. In this respect then, it should be noted that Defendants' Answer effectively admits every allegation of the Complaint. DEFENDANTS' NEW MATTER Defendants' New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial, and consists of mere conclusions of law. Plaintiff acted appropriately in its dealings with Defendants and complied with the relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note; the amounts set forth in the Complaint, as updated in the instant Motion, are accurate and due and owing to the Plaintiff. Defendants' Mortgage account is in default as of December 2005. Plaintiff timely filed the instant foreclosure action on or about March 3, 2006, well within the applicable statute of limitations. The New Matter does not set forth factual grounds precluding Defendants' obligation to pay the Mortgage, and therefore, it should be rejected by the Court. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendants' Answer and New Matter has been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to Summary Judgment as a matter of law. Respectfully submitted, UDREN LAW OFFICES, P.C. Attorney for Plaintiff/Movant ? f ftemma WNFN AECORDE33 MAIL TO. OPT1W ONE I4ORTWM CORP. P.O. SOY 57096 IRVIIM, CA 93619-7096 I.otm Number 151017432 Sevidug Nadler 001035000-7 Pmtd 14101e: 8115119914 . Qesesabsa7li ls.rermawrrmoeL MORTGAGE 71M MORTGAGE (-Smmiy I mmpmtj u ow m December 31, 2002 . The mmt6gor is STSVSU O F=lw Alm CC=DY R P1TTIZ ('EOmwe'). 716 Seamty Increment is gi m e option one Nmrtgage CoipeYatitm, a Callfosaia Cbtpotatiom whigh is Mooned mad Willing trade the Ira Of CWFCRRPA .and wide oddtm is 3 Ada, Irvitm, CA 93618 ("LWder'). Bonwwe owrairoda that , " std of an Saimm T11bmwy YIVS-Tzoume002 FOUR gmaim D .. 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Udaa m apenawx is made an VOI=bk lactation Warm m be pond I.mda doll dos bsra9ahed o Pal Hammer coy lotemt a esainge m he Pm to Bowe and Leda may apes ffiwreemg, Downs, tear Laarrs Ball ha Mld e.4 the PmOf. Loon shdi give ee to mawa, clout - ?.mtmal acmtmtkgdos Fonda. a0owk8adim adddOcothoFoods ad the parpomta which out dda as tlr ]brads wa cook the Fo da ere piedgd as dd0ioml amity far au mm lamed by this Security Imam=. h'scm rADem12dM2001) • Lam NoMb= 153017432 Servkfag Nlmbee: 001035COD-7 Dale: 12/31/02 It the Flmds held by Lander esaw:d We dmmst permitted to be held by oppllwWe lam, ImBec than aeoow to Bcrmwer for rise worm Prods ie aamdaoon wish dm requirements of mpplicibie law. If the amwmtof the P wk hdd by lrader s my it= is notro9ldem m pey me Escrow Items wbon due. Lady may m nosily Borrower In wddog, rod, in such mm Borrower WW pry to I.mder the ammt amasary to maim up the . de&woy. Boaowa WW mate sup the delirdmoy m no move The ttaelve momhly plymeow, as LadWs me dismedon. Upon prymme in fW of all sums aeeumd by this Smartly IuOommr, Lmdcr shall promptly mfiW to Bomrcraw Fsads held by trader. U, miler paapaph 21. Lauder"ac pdro or u ll me Property. t.wda, prim to the angeld don or seek of Be Pmperry, tlull apply any Sunda held by I.ader at rho time of equitation ar rob a a cm& agama the asu seemed by I& Smarity War== ' 3. AppiirsubmdPrimness. Uelaa applic" ism povldu ota"Im. W payments received by teada mderpaupuphs I and 2anallbeappiledt flea, to myprepaymmieI v dmunderthe Note:mennd,toamomer payable node paragraph 2: third, m summit dw; foanh, to poadpd due; and lad. in my Lae charges, dm order the NOW 4. Cbagu: Lira. Deserver stall pay W uaa, rneaoxaa. dwW, 6mt and iaposidoni shihouble to dw Property st ieb may oil" Priority era this Saorhy ps0rmpt, Ind ktlwh0id psymms or ground rents. if my. Borrower "pay Poore ouiptbor in the mama prorWed in psaWspli 2. a if not paid in that nuomr. Bonoawr doll pay them an rim directly m ma person owed payaneaL Borrower "ll promptly famish to Leach all moan of aroma; to be paid Under this prom pA. If lioaower md= these ptymmrr dirm0y. Dorrower WWI promptly f naWm in I.mda mdpu wwwong We pymwd. Baeowee tha" promptly diacbwe any Ben whhh hu priority over this Security Instrument anku Bonooer: (a) apeu In wtwog to the prymmt of the oh 4w= smaed by the lien in a mama a to Leader; (b) mmatt in good NA dm hmby, ordefmm spirits minmemeut of the Jim ia. leper moaedmp which In the t mdee'e spiel" open m m pmvwt the cafaradmt of ds tics; or (a) worm from fie hoWa of the lie m agrnmesu a *&Mrym.lmdambadimdog the Jim an this Security 7mmnuwt, if Lmderdetcrsumonms day (rot of the ft"M is sub)ml m Ilion wish any main pdonty ova Wt Seencty Imal®w4 Leda may give Bamwer a mike Ideodb* the lien. Batom!er cull dalsfy the lku or take are or move of me wland as Ponh above within 10 days of me giving of notice. S.IlroermerArperq lmuaa: Immwer eha0 Ceep the ®plovmrnts mw ractlog or heraher ome W an the Prapeny hmmid agahut has by We, bends included wimfn me tam'excmdrd mvemp, sad say other hoards. Wad* floods or Lcedag, fa which Leader regther hmrrmae, This MOur W W he maim uned In the -s sued for the pariah dw Laadermgdmd: The instance: aaier paorWing mw in thdlbechaee by borrow rr*jMM Laeda'a appmvs which WA as leemossunwy withheld. If Bonower fails in msiaaln mruage dreamed above,' LanMe mq, at IraddI option, Mnam trovaage'to Present Lmda's rights in the Property in aeWrdsoce with pmagsph 7. All lamenee Ohio and rmmnia sWB be-umptable m leader most shag hadme a sdodad neaw lane. Leader also have tun --right to bow tlm prdleld rood raewde. If Lmde:ttquira, thrower Will Pmo4dy givemr+ au mr.I afpaw psIms andrmewrol mfnn.ln meevent otloua, miasmic shall give trmmpt mdm m the tentaaa carrier fad Lender. leader>my osan prof of sou if rot node promptly by Borrower. __ Ueles Isadu m68arrmwr othcrwim rpm m wridag, ms appilahle yaw othcrwHc tegolra. immmee SKI msurmee Prccnrdd, 41011 than, at LANWS option, In seek rota and proportion u ironer may ddamim in hsade and abaehm dlwasim, aW te¢dlm of say malpairmenu of aemrity err 10rY thtaeoF W m the emu ermhed by This Santry Lmaomem, whether m northm doe, and to such mmpmmu Wormy u Lada may deeermine in ierade and obmlote d undo : near (W to Burrower to pay We has mad espsmw of masmy mpshe er easaarm PADlmra wlAYeA je LOU Member: 15 3 01743 2 Savkpag Nmobe: 001035000-7 Date: 12/31/03 reammkn of the property m a condition aoBinay to Leader. If Borrow ahmdom the Property. Of door act mswm within 30 day, a notice from Lander to the kno pQiw has offered to Bath a ciabo. I.eada oy Cc= the won= Laebedr. Lsada mq, in ib ank and Ahmime dfarmti0n, and FWMDM of my impakmmd Of aemAly or lack Wmmt..me the Peoeeda to repdr or madam the Property a m pay the ama w otm by this Seariey hommagem, whether, a not then dog. The 304ay period will begin what the comes Is given. Udes Loader and Bmlovrer otherwbsAge, In wriatg, say application of paaoaede to principal *A not extend or pompon, the dm due of Am rmaddypayhhrca retard to to paragraphs I and 2 or damp the amoto a of me psymma. It made: paragraph, 21 the Property it acgmred by Roder, Boarowor's right a my tom ace Poiiam and prcccede making term damage a OK property prior to the acquhWm"pass m Lender W the ernmh Of the mats "moved by this Seaahy lamtmmt imply prior to the W"kitim. If Bonoaer mhulas mWgmke icmmee, my other hazard hnormom or any other Mammon on the PmPmtY ad such hssoamce is not Roeifia0y vorked by Leader, tlm mcb hamao'e'shW M none leader a los POIN, Waeahder, ad (i1) be aabjm not to prraiigm of this puV*h s 6.Ouapucy, PYaayaloa. bfaiaim WAP,ouemoa of the PagwT., Bamada IM App(tcdm; Lord 16 Borrower admoaledgos that the Linda dins m derive a termer a ioa to Hanover seemed by fhb property on the tman CMWb d m the NOW akn the property IS to be occupied by Borrower ar Botroaar's Wlmaey/iemodsy mddmm. I-emits saavaaaer mddmm Ions o(t11H'amt tams. B(grVINV` Frandsen god aaaaei Leads ter Baanwer mtmdsrooaoPY WnpewplSlyaBalSOMdipr®ary/dmmoday' raider,, mdta Bamaer %M m GCOM this proper-, a its ode prlauy/acomdary residence widsto defy (60 days A0er doc date of de Sb=UY LeMSumaeat. If Bormaor brescI ddt promise to aaupy the property a Bmoweis pd aw/umodaes' Mddeem. Wee Lauder may iaaim soy of the follomsg mmdia, in adffiobn to the memwm provided in ter gar®ty lnaomant: (1) Declare d( am Rqud by the Seeavity IMMMM dm and pay" ad err dm *aSamiay lmdrnomt. (2)Deaoee due vamofthe loon ada#mtheammWypayments under the Note iamdlagty, Wmm the Wm We and coat do mdbtypayments odor the Now acmrdngly, or (3) mgdm du thePrW*d h,alamm beradocadID apezmoup ofd OWthemigk dVamban price ortaapptand trim Wm keimg eMmed,m aomowmr aexwplmd Ina. Bamwa mall am dmroy, damage or impair the Property, allow tlm property to dermbme, or cromo r "M Go tine Property. Burrower d" be InddedtVIM ferfrianQ admor proceeding, whmhadvil or erknied. Is hegm that in Leader's good faith judgment meld rook in tor6dme of the property or oWmwbe muediily Impair the Ikmcmwd by We Saaurby toanmmdm Linda's Godly unmet. Benoarer may care such a damp[ and acme, as peovtdad In paragraph 18, by mamg am ado or proceeding to be dtudad with a nilmg that, in Under's good ft A dMpmlostiM prcalndn &do me of the Bormwar's interact in the property a other be a da9uh If Dossoar, during We mom 4pBeaim proaa, gave mararlaky, forks a -CKO information or nmmams m Leader (a Wed to Amide leader with my aaatsl kthemarim) In tomeoioe orllb the tom evidmmal by the Nom, Wdodbi& but not Ward W. teprmmaiass tteoming Batmmr's oaapmcy' of We property m a priodpd goddesses. if thin Semky Imam at is on a IoW old. Batnwer timg comply with dl the ptmbioosdtbeletae. 7llporroawatiprhm he tea the PZCM y, Welodrdd ad the fm title shalt act merge .. " omlaa Led: nprea b the magw In writing. Bamwer shssl, a Bmmar's own aspeass appeu to and addend say eemer proceeding purporting to iffier tine Property many pdifm thamfa Bamwa't thin therdo. the tslWty a Priority of the her tmerm .17 tbbsmrkywmumad.aaedghmapamaoff-&e v heaps: to this Security Lamonower the property. All r?esdserimdBknows,vWha woad lmtoea AOa the damdWb Seerrtly lmYnrroaa, tardmeue a hdosy, m thn Paryuq or my past Wemot. a to connection wk any napalm fummed io whole or in put by mspmceds mica Names my otberaopaeemd by thin Seedty faprmmerd, by Leda, or inobmemi,mvdW a atfedog do Property a aces put twect. lodwBng mina of talon, Adding la ton or MOM and Goo of hpadle - aAD1m1+m11h2aD h . ?ti A 140 mamba: 151017432 Servicing Nmattm: 001035000-7 Dm: 17/31/00 action for trod or 0011001m st of a tamW fatd. M, at I.mda's apdoo. adpod to Lwda, and the prommis therm( OW he peat dimly w tepde. abo, tea deduamg mere6am all its erQmn, Wobudhq ug sable . money(' fan, am q* arch pwoedt to-do won wmmd by ft Swardy Imbommt w m my defiriemy miler this Setmly bommm n may rdaam my eontm m moived by it n May pct. bud, as Leda may dar. Leader may. o IN Option, appear to ad poKwte ht its 0" name any aeoop at ptomefmg at mfww May wca taw of maim and m my mate imy ompmmlm o mgkm or thermf. Bmrowa apan to eremw nth form atsipmeoa and anymda hnueooea as em dome to dmemay be mmwy m areclam dm famsobg provision and a LaMar shad regnst 7.AoleafaofI.mdv'eYighlaLdmPsopmt! UBarmcer tdlampokamdnrovmomtaaa6 agm?u omansd Ia Oils Segnhy Lnmmm. WOW* IBM l e g a l p o a e d a a t h a t may dpiflamtydW t ooda's rlghn m ON Pmpaty (WA a a pso s in baatraptay, ptobme, for modemmatim a fatfelmme or m atfmre jam or mgpWams), don Leda try do ad pry for whaevo to amamy to Promos the vaime of the popery and fMadm's sigbn blhe Ptopeny. Lmtla's awionamay mdndepgim;any a®a awtd by a )kawhkh hnpriorhy ore' Pot SOemby Iabommt. appearbg in root, pariOg mtmamble mdmmeye Sew ad mmahq.on na property to OOlmrpnha. •UIboW Inrdn m4'tale anion roan this psmgop6 7. Lender dot ins have m do m.. Any amamhsdhhrow'byL,mGrtmdertb)slmagmph7dhalibemrmad&iwddtbto(bo erwmtW by this Semtity hrammmL Umhns Bamwn ma I at agtm to Oda tans ofpay+omr, doe smomm sbail bet ham from tit dam of d bma®mr a the NOW roe m d fm from Uwe m than and abaci he payabl, with weer, upon once Item Lmdtm Bmtowo wgnsdng paymo m. t. Mona De kmwmm r Linda req t mwWp tnsmrmeC a,& condition of mating the bm seamed by thaSromby 1401mm Bonewaf spy do pwmimsmgohd wm®ain demoomplosmmoe in area. Z for my rem m de tmttp gs mwaeoatoaremga tapered by Iaadem )Rpm o calm to be in drew Bo ewer sbaif PNY depemtimma rWnIM w obtain rove mp ndmmsiWy mgnivalm m de tmngaye lossrmca ptevwady to erabt, a a con mbxabtbDy ep halm to the cost to Sommer of the aongage mmra to pmvloosly m draw. loam m ro vownM Lorna appoved by Leda. If sobamtWly etPdvahm mepge Wwu mvecip Is mot avalahie. Dom er ahNO pry to Lander mid month a ast egad m omtwdld of id ymty mortgage hm omee pemium belt P U by Bonowa vsbat the Immoo m cavmage )aped w cam to be in etfam. Linda will adept, us and cob theme paI a a wan move in Ida of mortgage wmmca, lam save Paymmm may m Impr be mgdad, a td option of )Mader, If monpge insmmoe c wmge (in the wont and for the Pawl ON IMada mgoloa) pmvb W by m worm approval by lands gab beeames availebla and n a6uuod. BOmmW shod pay No peaaom smgded m mdwWm wwwr bommme It mffat, ca to prorate a love roam, mW detephtmmt foMam"iamrnoe mods to mowdsm wyd my valma allmrmt between Borrower ad Linda a appDotia mw. 9. most' Leader ca its wpm mmy, maim m amble erodes upon ad mggYlons of the Property. Lmdrc $bad eve Sarver coda a the doe of or afar to an Inspection spedlymg' nwwnshle one car Ne )off, IO.COeddoodmmieptoods of My Maud oChin fodwoW. dmaaNr .1 in cbraadm with op OMWOMAtion W Oda WN of my pm of OO Popery, ca for conveyaaca in lba;01- aaooetiom, ere hammy, aaigoad and MIND be plat to Leda. IMada any apply. nsm on rdrw Poe coad®miom poaadf in the scam Zoom a p0Hded It Pmmsn* 5 head wbh raps to Imemee paasds. If *A etima m onto property Almod ed by A omm. or if, d*r by Linder to Bawwem drtt the amdmmr damage, Bow "w hih to respond 111 ad a vdthb30 days ado the dam tamnadcam eve" fmdmif militarized to m0mad apply thepaaods, a is apeba, elder mrammarion or epb of the Pmpetty or m der tom sensed by $4 Semdp kwon m, whether o mo that doe. Unit= Ie ad Baaowa odavAa.pte in wan, my appBwbn ofpraro I mprhww ciao pm email wPoapme the dm doe of NO mmWY paymma wfamd a to Psngnpla 1 and 2 a wage the ammo of wrh pgmwa. 0 Ism Nanba: 151017432 Savirdog Number: 001035000-7 Dae:12/31/02 1L Bdnowa Nm Btirad: l'+abtnaom By [aadmNa(a 9Paiva. Pstmsion of ten time fa payaaat a tnddiBatw of uoottisdlon of ten etma aecad by thli Seeaty Isoammt gfanmd by Lsuda m m7 stmens is imam td 1Mnoin mbaB sot aptms m ttmsre the liabiBgo! the odSiod llatow a Bornmra^s earmema s intefvt. W1sr deB nn ho ngohW m at,uneia pmoedifmp gdou toy turcmas in ktmat a seeps m onoeud tams br payment a adwswise tmdS{j sueosttirniiws of ten some[ seprtad by this Semdty Iammuen by reaoi of any assumed moo by the an" Hammes[ a 6onovra'e waaaa in WMWL Any krbaaom by I,endrs in ==WW my sight or randy "not be a [rover of at preclude me ecadte of my fight or mosey. M 3uae•oa end Anew Iltamd; yohusd Smog LuMby; Oo-aigam. The oovcuwsu ad aptasumdx of this Smos*Imum otemn bind andbme0tthe mcca m endatign of Lender end Baruwer, mb)mto Ibe PNV14ma of puegapk V. EMOwer'n WVOMM m and apemi®IS sbtll below end ecVIN2L Any Boomer Who coafgm this S WMW lmeiwoat be don not execute ft Notes (a) is co sWag this Smarty bestowal only m mmrgege. On and a" amt Borowa's sarat In the Property wdew ft terms of ft Seauky tiuaitttmt: (b) m net peatwtBy oWWW to pty do mine warad by this Security Instrument; end (c) amen the Linda end my other l msm a any spas to eaeod, soft. fahtlr or mite say elm a welt rogwt to the imam of this Semdty imamate or at Nam wdeK Wa Bosvwles Mean - 13. Lane (3wsgn. If the tows I by Wit Smoky Instrument it aWiat to a law Which ems maxbmm loin charges, bet the law is array interpreted su the mite imnex or other loin Anne coilmmd or to be colleted In amealon widen the lows emeed the ponabo d limns. thin (a) my ash loft chase dolt be zeal by the sums necessary to tedae she dwp as ten permitted MW&; and (b) OF sums asmdy eollmed firm Scdow whteheameded permitted iimmwmberedmded to Borrower. Lander may chores to rents this refivul by reducing this ptmgW asd under she Nut or by tmtleg a drum p9sass: to Burrow. If a mind seduc s WWd* TherdugiuwBit a MOO as apmtislpmpgmmtwhitest my prepayment deep Mader the Nets. 14. Mikes. Any notion m Borrower ptovhtd for in this Srmily Inurement sea be given by de iveriog it or by [wisp tt by four slam sal smite pPOCOM law rot I its am of mother method. 7be wake Wall be duetted to We Pottery Address a my mha addreen Borrow dedgneo by nom s Laden. Any notate TO Lander sine be g(vm by foe dm s dl w bile's addax Sand Lade or my miter addraw leader dedgams; by wtioe m Stammer. Any nmlmnwlded fa ht the Semrsy Imromave doll be deemed to have berm Siva to lianowa m Iada when glom ere pmvWd in this pangrmph. . 15. (iw MftLaK Bweabi fy. This Security laasamms rhatl bt govmoed by felon law and the law of We l UM*m to wbkb Im Property is Instead. In the hem thus sty pmviska or tamm of this Seavlly bm wo* cribs Nos C=Mm wilt ppBaNn law, moh CoAW"cur afka other Pmvidoma( this Security Instrument a tho Nos'mmbish as be Swum elm without the omdBairg Pmvidm. To this end the provMiate of this Security Is mnmaut aid WR Note m: dodged to berwvmbk. 16. Betawa's Copy. Sormwa 9M be %W= one conthrn d ropy of the Nine and of this Seecty IamummL 17.7hma(sdgmPspety a e llenCBdal lmmmt m Barower. Ifat ahoy past a(the Property cr my tam imk s mida Ipwslate ; (aH m hmolkid ammo h l1o¢mwa is sold" mmefmred and Borroweriasor an'aoal pontn) wtmsfametn pats s4hm COMM, louder may. at he option, regmdm fsmmfi eI Ix in Ld[ of all mina mnad by this Secowy bw:tmm[. However, this option AM not be exorcised by Leda if exercise Is pohauted by Word lam as of the dwe of this Smeyty ioat[mrm. 9Loader ezrsdmm Ihisoptlm, Iemaehell prsaoomawr tldoe ofacalaatkn.7'he estlceddf provide a pa(od of net Ins thft 30. day: Lois ten dus the notice is debvmed amend wtWn wbNe Bonner mm pay All mom [saved by this Swavy Iauammt. H Barons faRs to pity Was wen prim to the ospin6m of die posed. Linda may avola nn1' omrma poadnad by This Seuaky Imucan WWWW further meten a dstmd m Bomawr.. Par6 Pfpm?af? Pl Data Nr/um) yRj • LOU NmtbW.. 151017432 s SWiCIC$NUMbdr. 001035000-7 bate: 12/71102 1:1. Botemer's Mip[tn MldgYm. If Borrower mess amain too lli o n, Botrowa"Lave the right to have afrmm?d of this Security huotmm dlao hmod a my time prior to the trader of'. (a) 5 days (a stadh other annd as rppksbio law may Madly for mhmsm w)betom sale of the Property pomoa to my power of ak r amount in this Somdty h>anmemG or (bleary of a judgoom ealb tng thh Smurhy laanammt. Thom: cook ices oe that Bmowm: W pm Imder erg mm w" then would be datmder this Security Itmt»aand the N. to air if m noo anon had oamtd: (b) cos my dk(mll of my other corms, or agrdtomr; (a) pays all no mon hMaund a mtmtlog thh t)atodtyLanlmaaaL fotlltlieg. dam Iddid m, raonmbis atromya' ices; and 0 ) W:a mm anion m Imder ray rmsmabty squire to coma that the Urn of Us Semfty Innocent, Look "t Poo to m Property and Botmwer's abapdmto pay the sums smued by data Swaray instrument shall coads hemdaugd. t)pm umtmument by Borrower. this Security heomtmt and tiro obligataessacmd beery obdt t min Polly ethehe as if no, modmadm had occurred. However, dale right to dream shall not apply In the es.o of oneslrnaa walor pamgmp6 l7. L". Sde orNm 6mp of Lam Smvimr. The Note a s partial Interest in the Now (together whir this Sound 7laammmtgmq msold omaown, dines withmprior oaane to Borrow. A sale may Rink ma dump In The unity (lo w n es tm'IAm Same) amt-41- mmthlypaymmts the Mader the Noe ad thin $marLy Won am. lime dm may be om amour ebmSes of the Lom Swim umd,d to a sale of &a Notc. If dtae is adbmp of the LaatSrvkc. Bonuwawm be Sim .. aoareoflbe damp in amordmm with paragraph 14 AM and Applicable Jan. The mace will math dorm not address of tea a Lou ServIW and the addrm to whirl payuumn dtudd benrde. The mike will Ilion mamm any other m mngoid by opPVA*Wlaw. The bb-lda of the Noes and Who Samdty IaaMmml shill be domod m be tho Leader intender. 20. Rotation Smdmn, gooower don not cure or permit the paemoe, or, diyon, a[omgo or retest d :uty llam I Stbannm mot a tha Prop". Borrower shall rut do, mr allow thyme onto do, anythi,l amrridhg m Progeny that hfa = w Pf my Bo s mmml Law. 7be prxdrsg low smtmw shill mat alp 17aM ace, prstodgeonme ddeci y f q®oues of f{amdms bperty ea thu me gam ly nmgdnil td to m be b appropriate, an -1 taddmtW uses mw and to t» of the Property. Henomr"pmmpdy Sire Leader wrium math of my Ioymtlpim, of" demand, lawadt aotha maim by any gowmmemd a npkm9 apoy or FORM parry imoiWn l the pmpetty and my Hnadaw Suheaatce a fmvLaammul Low of which Bamwa has araW knowledge. If Borrower lams, a is notified by my govammmal a srgohmry mhadty, the my [moth or other onnedimm of any Hraadms Schram arteedng the propesy Is nrmry, Bmowa"pmydy mho all m»dtdry Mmdhl axiom in amNmm with EnWomlmal Low, Bc nwwer"be midy teymthb for, abet hdemify. dated and hold haamlm Leader, in damtas, omm:, mpayess, mour3 agmn, and doer setpmtivo mccomax and online, from no aphm mymd sit chi dmanah, coma of anon, lab damage. can (loddfog actual moays' Ism and oar man Ad mm of soy m;ohal aaemrry mpk. damp ademdllmioo of she Property ad theplgmrNm and esmim of my eloa= moment. maximum, mawdld or elfin (required pw. espmmn and IWgity dimotly a Whmly, arising oar of or sadi m is to (a) the W. scoution.# mge,des,,Omamadr I dfahrp.disposal, abounm urimmoce ofNomms SuWtmom oc, molar or sbom ttie Prapaty, (b) the oaurI to or into eta Plain, of my Hasadar Sa6smoa. (c) gat vmdstm at any Random Subwoon s ha, and (4) may Nonadom SmlmomIl old,. As nod In this paogeph 20, 'Hmrdom Sohdanom' an doom anbstames deBaed or msfo at hmdmw anbmm by Buvbuomatal law and the fWlowing mbnmmc 6molim; kaorm, other Samrhle or tone P=06anptod,m, mskpnlddmmdhabliddes, vofrBedvmu,m wdstscmuhhsasheamafomaldehyde, and a fomdve mdmidL As std to this paragraph 20,'EmoonmenW few' memo fadafl lows and tin of the )alb lit dim what the Pnperty h kind dot who to hmltb, nfay or m*ooMmW promotion, ADD177ONAL COVENMUS. Domover and Lmder panther coveem ad asrm es foltoas: 21. Anrmrmfar Manages, amay bmammada to Nara son sad bmby Is am pA d warm dm, or ff&mrwwabroad brindoh&u draypvoridmofadIlSawrhyoramot, aHBo®wam faddmk mdmPray othrsesmggmagoerbemnmtarmedby der1 Minq,ergaesam lbyddASamhybm=W ad notoed )door IYaaea dwM a oar hao®n doe esdiwaahle a ds aphe dlatder wmmtp iormkd, ermpt IS ahawie aq dm by sppiid"Ior. and morn of A07w 10 PADlae7wlA7A1) II\T 0 0 Lem Ntmba: 151017432 Savking Noodw: 001035000-7 Dolt 12/31/02 AW pdor dotbesm+S Is wait cant, leader, a ill optioo.md object to RgVm%t Ws. =Y tbm m ihKo*w iaYdm OapowaofWemdfaeanflttdasmcdctaalmaay ode adiaea permeaedby apP?mlaw, leader vrHfmdaaittapeoo iamludanpmmW deaataadiadmadd Mddt1'aagaph2l, hrridmg, mdnagoamd it. re 12. 7- ?4mffirol o<We ltdemaUPm laymen of IS m in11 t m NCM ined by this $mtdty ImaomL I.eOda shag atleuc fide pupa" wide" woaoty to the pasoa or pmm IepRY tmftled to h. Sub pl son m peanut dag p" any recodoom com Lode way dates Inch Pesos m "aerate a la forrelcming the Pmpa/y for baYktl rodad it the dargisg of the to is po m ued uder whomble low. 23.Waia Doaower:wthe emm pw*Wby applio hw, waive sod Meam my am or defam in pmwdiup to to%= ddb Semx* bo uamw, ad herby wahu de benefit of my PMmt or doom I= povldlog for pane of =catim, am dm of date. aemptioo from samolneot, IWY ad We, and bamo mad asupdam. 24. Rdraaa®t Paid. Bwoweet dm m nto aro provided im pa pVb lg $bdtenead m cam bum prim to to mormmccommot ofNddiq at a abaft sue or other We pomtaat to this Sarni" Imuumm. 2S. Pmdlan Mmsy Hmp{e. It MW Ot:/ha ddn MMM by dds Sind" Imnmmt b am m Bmwwa to again dde m Me Property, die Sanahy Lnmamot SW be a palchM roomy romtgttge. 2& h -RMeAfiwhftmm hotwwerkma dat0emmplnot, W" after apdgtomt is eootetd an ote Nam or M m mom of mrtnpp hanci tae shall be de rat pdymW from time to dint =dw dm Note. In order to irdra l tmdo m wake do tom erlknoW by de Nom ormaa which tot Somdty hudommsetme, am in rho epmt rot Baaovr hen inch W wlmhl arhWftft mmn or fWd to diatme any maral fed. Linda, at bat op" ad we" Prior Watt at domed,"haw de dghr to dedae da idcb&W" socarw by bids Saltily lmaomew. brmpeaioedde mmrity fide rpectfiod TA ft Notea WM word by dik Security loammom, hamdimlY doe ad PAYWAL 25.71= 6 of Oe +ILmrn. lime is of the evmo in the perfo®mre of emit provuioe of die Swa* [mttmm. 29. WAmaff ammofImiatttas.Thephwdingof to amen ofIiyoatime a a ddmw to enbcatoen ofthb Swaigl-mme LormyandWobtipfim 5 1 dbaem wsmned harby. ishereby waived to the dtdl o=pan doed by eppdobm mw. . nhddtlcalow Tbls Sauft Tmtomm may be moMd m-W only by magamo. in voting dS dby Bmtowa ffi lmmr. 3l. ReM*mmm.To de mil pw dned by appW" law. BcMmft shag rdmhmm Tmpm and imde for ap royal oats. La rod c*mu wbM dba rAy jour, apmd or amain In de =mdm of the tmt aemd b ramder a in me perdmsoe of my ant rgdrad m pmwMd besemmr or by Irw or in equity or oWw*m arising out of or in oemWm with dos Sem 4y todomrm. de Noe, say oho am seomd by this Seodty.Imuvmet or my odor tmrnmea eraoad by Borrower is Lmoedo.wld de Nom m SoM*7 bwwws- To do a®t pwdodby ipptmable law, It a "Pay W Tmaee Md Luber der fta m mwmdm with TMIM ad lode iedediog, ba ao BmiW to mmmp*n uppUm m far fats mr p"ofl danmm and, smama of lam Wmoe des fa aoddsg,ts?miag odvmepmdng wpm of lm dOCmmn, verificloommapaw Binr I and other deoamra requested by borowa ammmy for pafammm of L=Ws dgha or dmM twain der Secad" Iourooem; fact mating firm a ramrod m dhhaamN dads; fact mdaemtmwmbmde Property is oaupkd, panrwtd% mslaamd or mummud orrdad pwpoar mpps" 11m, impafm¢fact, Lttal mct.6rokerfect. mmaowmid-oam anbdauiooa. rrprirarpma. taecbwre ma admua Ilene Avow fomelmw of tits property and powgba of m away tin brit Smarmy Imrmem; and W ado Yaaaam rentareroul2ao L`. A' 0 0 Lam Nwobel: 151017432 Savkmg Nmoher: 001035000.7 Dam: 12131/02 fen and coo of a mimmilw morn m oWawlae proWdmd by law. pcnnbW by appldabmlaw, Borrower dmU pay mlmdatbeafm m pmwctmnwhh IsadwpmWdiogdommeom or aavim edmmg ow of a in pmeaion with ft Sanity Imhmum, die Note, my older now smwW by thle Security [ommmt os my oda btmvmme a mmited by Botrowa in -dm mitt the Note or SecuM lmmmanr. 3i Go" Illomor. In the even Lender at my dome dkrovera Thu We Nam, my od= am seamed by We Seem* Imnnma, dm Seomuy Imbamm4 or my oaer doCUnM or Wmummr examed m cannecdm with ft Sermky lossuamm4 Note m name oaouim an am that wu tamed by a tidal m4alx, c iMatim sear, wmptaar , prmdngmor os dadYa moc.liormaer mgw. Won ndkeirm Lena, m remcure my dommma Ww m mommy m ommbz may amh error(s). borrower f I 'pct Wet lad,,will notbe liable W Borrower for wry bwgm banned by Bormawr dun wo dkmly or ladkealy cooed by Lay inch eavr. 33. LowSwW6 DeahapedorYSYMedSocomidfaanmentad OWaDocmmw. In the event of the ma, Theft ordemoaimt of the Note. my other mroaernred by tbk Saco# Imtrucam the Security Wwmem m my other doamme to bmmaommta.cwed me connection whb the Secmhy mmtmem. Now a norm (collectively. da'Lm Docamm'), upon Bomower'a rowiptvim lodemoi&6ion m meed m favor of Bosrcwer by [iodw, ", In dm evm of the madden of my of We [.om Doammm, ape Lmdw'a memder to Bwuwa of the m oWmwd Iam Dan- Borrower ahdl exeede mod deliver to leader a Inn Dommmt In form and canmwt IdmdW to. and to nerve as a reNaormm of, the low, woke. dalmyed, or m Aid Loan doomment. and suck, regacaom **baw: the s me tap and dbm as fee lost, noun, 4awoya4 or mediated Lou Doccaments. mod any be mmd for an pwpmm as the. orighd copy of inch Liman DocmmL 34. Am%mMof Row. As mdditimd meshy bemmder, Bawer lmby migm to [ender the rem of the laopwty. Borrowm sssB have the rigor to stint ad mom We no of dm Property or tbey became dm and payable prorided Lode hss m arm dW herigbm to reclaim unowdim payment in fall of ten seems wooed by this Semrby dmmmeot and Borrower less m dimdmed the Property. 3S. Riche to thh Seoomy b*momL If am croon ddm am execmed by Barroom ad recmdad mSedwwkh dfa Seconey bamrmm[. We covawmts and agteemmm of each mch rda shall be lacorporatest into and Owl amend and aWpWnmt the rovmma mod agte®mm of Wie Semmky inmammw as if the dda(s) wee a part of dde SmMty Iaommm lChett app OW bo(a)) ? Adjottmhm Raw Rldor ? Codda®imu Rider ? 14 Family Rider No R"n mr Pemky Opdoo Rid. ? Plmmed.Udt Development Rider ? Occupancy Rids Odm(s) (VKW) vya9arm Frm mlmlflouugq f taao Number: 151017932 Smvimg Nuoht . 001015000.7 Date: 12111102 BYSjMMDaDW,Boao =WuandWm to166l-andWvmamsmtlafad0t6ia Stcm* bvrw lmt and to m] ruiWa) =wAd by Bonow and vomtdad with h. w6wms -moo -Be mw .ammw a u aa..M1V •benewa 0 8I72I1o ldaa9 r1A19 c=y & r=m Atenwv •bonaM catBme ofsamme 4 :5-4T P O -J L b A N /CgZ,. $ do bweby to* that The omm tldme of thewtl&o Wmwmm6 1 Ada, Ia im' CA 93519 Whom nw hmd ft dry of - 4m of moftaft COMMONWUM OP pBtMMVANLk evn3 Cvla?J C"q aa:. : a UL w6 .3 L dq of at4l,4-lk.- 1202. b*w tor, ft lmdmatEmd am=, pmoolbTPmad SrSAW sa.p'myy (trey a.FrrflatC ba is me (ft ar6Paaodly pmam) m be 60 pewee Ibme mm mhae[ihed m the whY6slomnm= to admen Aww the W=mtm tho same for dm pw ms bmehd mowtl OA WTr$M K'f7E WP. I b asom set iq bm0 mad oBlad sal: M9 Cotm?mEspuC: NO ARIAL SBl1I. (;aradgBrmm,BRappIB11:. 11r?trAb=14 A -ta% 7Ataxomra _ rAtllomoNUlwp CIO1Q rI1111V1i, ?ItYtNU • EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 01/20/2000-AND RECORDED 02/1112000, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 216 PAGE 109. TAX PARCEL ID: 08.15-0199038 ADDRESS: 4385 CARLISLE ROAD GARDNERS,PA 17324 MARKJ.UDREN* STUART WINNEG** GAYL SPIVAK*" HEIDI R. SPIVAK*** MARISA JOY COHEN*** LORRAINE DOYLE** ALAN M. MMATO*** •ADMP[1'ED NJ, PM EL ••ADMIITED PA •••ADMPITED NJ, PA TINA MARIE RICH OFFICE ADMINISTRATOR June 7, 2006 Frank E. Yourick, Frank E. Yourick P.O. Box 644 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX: 856. 669. 5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE PENNSYLVANIA OFFICE 215-568-9500 Jr., Esq. & Associates Murrysville, PA 15668 Re: Wells Fargo Bank, Loan Trust 2003-2, v. Steven G. Fitting Cindy R. Fitting Cumberland County, Dear Mr. Yourick: N.A., as Trustee for Option One Mortgage Asset-Backed Certificates, Series 2003-2 CCP, No. 06-1264 Civil Term In response to your request, dated March 15, 2006, pursuant to the Federal Fair Debt Collection Practices Act Validation Notice, pertaining to the above referenced matter, enclosed you will find the following documents to confirm the validity of the Mortgagors' debt: 1. Payment history; 2. Copy of Mortgage; 3. Copy of Note; 4. Reinstatement Statement; and 5. Payoff Statement. The mortgage foreclosure collection action had temporarily stopped pending our response to your timely "Fair Debt" request. As a result of this response, we will now resume the mortgage foreclosure collection action. ........w EXHIBIT B i Frank E. Yourick, Jr., Esq. Page 2 of 2 June 9 , 2006 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. Sincerely, UDREN LAW OFF f Enclosure Steven G. Fitting Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 RE: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Loan # 0010350007 Our File # 06020451 REINSTATEMENT INFORMATION NOTICE 1 Payment @ 1,248.18 6 Payments@ $1,241.91 Late Charges Brokers Price Opinion Property Inspections Suspense Balance Title Report Prothonotary - File Complaint Sheriff - Serve Complaint Reply to New Matter "Anticipated" Motion for Alternate Service"Anticipated" Federal Express Prothonotary - Discontinue Action Attorney Fee TOTAL AMOUNT TO REINSTATEMENT THIS AMOUNT IS GOOD THRU June 15, 2006 NOTE: $1,248.18 7,451.46 501.76 85.00 38.40 (64.54) 325.00 55.50 100.00 250.00* 450.00* 25.00 8.75 1,250.00 $11,724.51 1. ANY ITEM MARKED ^ * ^ ANTICIPATED, IF NOT ACTUALLY EXPENDED, WILL BE REFUNDED TO MORTGAGOR IMMEDIATELY. ATTORNEY FEES ARE SUBJECT TO ADJUSTMENT PURSUANT TO PENNSYLVANIA ACT 6, IF APPLICABLE. 2. PAYMENT MUST BE SENT TO OUR NEW JERSEY OFFICE and received by us no later than June 14, 2006. Thereafter, the reinstatement amount may change, and your check might be returned to you. 3. The above cure amount must be by ***CASHIER'S CHECK. CERTIFIED FUNDS, OR MONEY ORDER Payable to UDREN LAW OFFICES P.C. Any other form of payment will be returned to you. LOAN NO DATE LETTER VER REQ DESCRIPTION 02/21/06 0010350007 01/05/06 OP010 021 R20 Part IPA NOI 647/0010350007/OPO 10/ 1 /9/0000000000000 January 05, 2006 Steven G Fitting 4385 Carlisle Rd Gardners, PA 17324-9039 DATE PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02121/06 0010350007 01/05/06 OP010 021 R20 Part IPA NOI Homeowners Name: Steven G Fitting Cindy R Fitting Property Address: 4385 Carlisle Rd, Gardners PA 17324 Loan Account No.: 0010350007 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS EXHIBIT C PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP010 021 R20 Part 1 PA NOI 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 OP010 (Page 1 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP010 021 R20 Part I P A NOI 647/0010350007/OPO10/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP010 021 R20 Part 1 PA NOI 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 02/21/06 0010350007 01/05/06 OP010 021 R20 Part 1 PA NOI or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP010 021 R20 Part IPA NOI within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP010 021 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP011 016 R20 Part 1 PA NOI 647/0010350007/OP011/3/9/0000000000000 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP011 016 R20 Part 1 PA NOI 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) OP01 1016 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 647/0010350007/OP012/4/9/0000000000000 Re: Loan No. 00 10350007 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 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 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: 4385 Carlisle Rd, Gardners PA 17324 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: 2 MONTHS @ $ 1,248.18 1 MONTHS @ $ 1,241.91 $ 3738.27 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI (b) Previous late charges; $ 188.16 (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 $ 3926.43 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 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI OP012 (Page 4 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 647/0010350007/OP012/5/9/0000000000000 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3926.43, 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 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02121/06 0010350007 01/05/06 OP012 022 R20 Part 2 PA NOI 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: Jl CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP012 022 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI 647/0010350007/OP013/619/0000000000000 Re: Loan No. 0010350007 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: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOT considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI 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 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP013 (Page 6 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI 647/0010350007/OP013/7/9/OOOOOOOOOOOOo Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP013 019 R20 Part 3 PA NOI will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP013 019 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI 647/0010350007/OP014/8/9/0000000000000 Re: Loan No. 0010350007 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI 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 am. 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 may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part4 PA NOI OP014 (Page 8 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part4 PA NOI 647/0010350007/OP014/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP014 031 R20 Part 4 PA NOI (Page 9 of 9) OP014 031 R20 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP793 010 R65 Part 1 PA NOI bor 1 prop 647/0010350007/OP793/1/9/0000000000000 January 05, 2006 Steven G Fitting 4385 Carlisle Rd PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01105/06 OP820 009 R35 Part 1 PA NOI CO-BOR 2 MAIL 647/0010350007/OP820/ 1 /9/0000000000000 January 05, 2006 Cindy R Fitting 4385 Carlisle Rd Gardners, PA 17324-9039 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP820 009 R35 Part 1 PA NOI CO-BOR 2 MAIL Homeowners Name: Steven G Fitting Cindy R Fitting Property Address: 4385 Carlisle Rd, Gardners PA 17324 Loan Account No.: 0010350007 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP820 009 R35 Part 1 PA NOI CO-BOR 2 MAIL 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 OP820 (Page 1 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP820 009 R35 Part 1 PA NOI CO-BOR 2 MAIL 647/0010350007/OP820/2/9/0000000000000 or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP820 009 R35 Part 1 PA NOI CO-BOR 2 MAIL within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP820 009 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21106 0010350007 01/05/06 OP821 008 R35 Part 1 PA NOI CO-BOR 2 MAIL 647/0010350007/OP821/3/9/0000000000000 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP821 008 R35 Part 1 PA NOI CO-BOR 2 MAIL 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) OP821 008 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP822 015 R35 Part 2 PA NOI CO-BOR2 MAIL 647/0010350007/OP822/4/910000000000000 Re: Loan No. 0010350007 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 02/21/06 0010350007 01/05/06 OP822 015 R35 Part 2 PA NOI CO-BOR2 MAIL 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: 4385 Carlisle Rd, Gardners PA 17324 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: 2 MONTHS @ $ 1,248.18 1 MONTHS @ $ 1,241.91 $ 3738.27 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP822 015 R35 Part 2 PA NOI CO-BOR2 MAIL (b) Previous late charges; $ 188.16 (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 $ 3926.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP822 015 R35 Part 2 PA NOI CO-BOR2 MAIL OP822 (Page 4 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIP'T'ION DATE 02/21/06 0010350007 01105/06 OP822 015 R35 Part 2 PA NOI CO-BOR2 MAIL 647/0010350007/OP822/5/9/0000000000000 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 $3926.43, 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 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02121106 0010350007 01/05/06 OP822 015 R35 Part 2 PA NOI CO-BOR2 MAIL 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: Jl 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) OP822 015 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP823 009 R35 Part 3 PA NOI CO-BOR 2 MAIL 647/0010350007/OP823/6/9/0000000000000 Re: Loan No. 0010350007 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: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP823 009 R35 Part 3 PA NOI CO-BOR 2 MAIL considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP823 009 R35 Part 3 PA NOI CO-BOR 2 MAIL 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 02/21/06 0010350007 01/05/06 OP823 009 R35 Part 3 PA NOI CO-BOR 2 MAIL 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. OP823 (Page 6 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP823 009 R35 Part 3 PA NOI CO-BOR 2 MAIL 647/0010350007/OP823/7/9/Ooooooooooooo Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP823 009 R35 Part 3 PA NOI CO-BOR 2 MAIL 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) OP823 009 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP824 022 R35 Part 4 PA NOI CO-BOR 2 MAIL 647/0010350007/OP824/8/9/0000000000000 Re: Loan No. 0010350007 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP824 022 R35 Part 4 PA NOI CO-BOR 2 MAIL 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. 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 may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP824 022 R35 Part 4 PA NOI CO-BOR 2 MAIL attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP824 022 R35 Part 4 PA NOI CO-BOR 2 MAIL OP824 (Page 8 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP824 022 R35 Part 4 PA NOI CO-BOR 2 MAIL 647/0010350007/OP824/919/0000000000000 * 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 02121/06 0010350007 01/05/06 OP824 022 R35 Part 4 PA NOI CO-BOR 2 MAIL (Page 9 of 9) OP824 022 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP840 012 R25 Part 1 PA NOI CO-BOR 2 PROP 647/0010350007/OP840/1/9/0000000000000 January 05, 2006 Cindy R Fitting 4385 Carlisle Rd Gardners PA 17324 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OP840 012 R25 Part 1 PA NOI CO-BOR 2 PROP Homeowners Name: Steven G Fitting Cindy R Fitting Property Address: 4385 Carlisle Rd, Gardners PA 17324 Loan Account No.: 0010350007 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 02/21/06 0010350007 01/05/06 OPS40 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: VERIFICATION 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. Dated: 3? d?G c 1-Udgii? squire UDREN LAW OFFICES, P.C. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.A. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff V. Steven G. Fitting Cindy R. Fitting NO. 06-1264 Civil Term Defendants CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I served true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support and Argument Praecipe upon the following person named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: July 31, 2006 TO: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Attorney for Defendants UDREN LAW OFFICES, P.C. Mark dren, quire Attorney for Plaintiff/Movant ?..: y '" ? ..-i - .. ?y y r- 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 .com Wells Fargo Bank, N.A., as Trustee for option one Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff v. Steven G. Fitting Cindy R. Fitting Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term PRAECIPE TO ATTACH AFFIDAVIT AND VERIFICATION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE Kindly attach the enclosed Affidavit and Verification to Plaintiff's Motion for Summary Judgment which was filed on 8/2/06. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF Principal of debt due and unpaid $123,038.39 Interest at 9.4% from 1111105 to 7/28/06 (the per diem interest accruing on this debt is $31.69 and that sum should be added each day after 7/28/06) 8,597,72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/Balance 160.75 Late Charges 313.60 Suspense Balance (64.54) Property Inspection Fees 28,80 BPO Fee 85.00 Attorney's Fees (anticipated and actual to 5% of principal) 6,151.92 TOTAL $138,916.64 A true and correct copy of the payment history, attested to herein, is attached hereto as Exhibit "A". Option One Mortgage Corporation By- Name. E izabeth Anselmo Title. sistant Secretary Sworn to and subscribed before me this 22-day of A-7.. r'' 2006. aw Ua k?? Notary Public AMBER KAISER NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2011 VERIFICATION The undersigned, the servicing agent for the Plaintiff in the Motion for Summary Judgment, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the Motion for Summary Judgment are taken from the business records of the Mortgage held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Option One Mortgage Corporation By: aG?s Name: - zabeth Anselmo Title: Assistant Secretary Dated: Ar+S?•7-27 Za?co :SERI 0010350007 CUSTOMER SERVICE INV 690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-68 66 OC TYPE CONV. PMI MAN F CINDY R FITTING 192-62-1'-4 85 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN VIEW CURRENT LOAN INFORMATION >: 07/31/06 ----""HIST---------------- * END OF LOAN HISTORY *------- ----------('MORE) PROC-DT DUE-DT IRAN TRAN-DESCRIPTI ON TRAN-EFFECTIVE-DATE IRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/ DESCRIPTION 124,471`.80 844.15 03-15-04 03-04 `172 PAYMENT 1,196.91 69.17 976.12 151.62 124,541.51 692.53 02-13-04 02-04 172 PAYMENT 1,196.91 68.64 976.65 151.62 124,610.68 540.91 01-16-04 01-04 172 PAYMENT 1,,179:46 68.10 977.1`9 134.17 124,679.32 389.29 ---* PF2 FOR ADDL MESSAGES *------- ACTI'VE LOSS MITIGATION ACTIVE FORECLOSURE LOAN S I FORECLOSURE. F/C STOP.=, 12S5 MIT IND.= Q N PROCESS/UNDETERMI PROC STOP _ R FORECLOSURE DEPT 124, 330 .73 05-10-04 05-04 172 PAYMENT' 1,196.91 70.26 975.03 124,401.54 04-09-04 04-04 320 TOWNSHIP TAX 242.09- 0.00 0.00 SERI 0010350007 CUSTOMER SERVICE INV690/001 08/ ; 22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONY. PMi MAN _F j CINDY R FITTING 192-63-1485 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS'PA 17324 W 717-258-0071 _ CCN017 < CCN'VIEW C URRENT LOAN INFORMATION ): 07/31/06 ---- ^'HIST--------------- ---- --* LOAN HISTORY *- -------------- -------(MORE) PROC-DT DUE-DT IRAN TR AN-DESCRIPTION TRAN -EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESC RIPTION 124,259.36 1,056.92 06-07-04 06-04 172 PAY MENT 1,196.91 70.81 974:48 151.62 04-08-04 04-04 172 PAYMENT 1.,196,91 69.71 975.58 ---* PF2 FOR ADDL'MESSAGES *--------- ACTIVE L2EE MITIGATION ACTIVE FORECLOSURE LOAN JS TN FORECLOSURE. F/C'STOP _"2 905.30 151:62 753.68 242.09- PAYEE 370410560J 602.06 151.62 ----------------------------------------- LOSS MIT D _ .9 J1 PROCESS/UNDETERMI PROC STDP ? 'A FORECLOSURE DEPT SERI 0010350007 CUSTOMER SERVICE I-NV 690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONV. PMI MAN F CINDY R FITTING 192-62-1485 IR 9.40000 BR PA 7t7-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 ' _ CCN017 < CCN VIEW CURRENT LOAN INFORMATION >: 07/31/06 -----HIST--------------------- * LOAN HISTORY *-------------------------(MORE) PROC-DT DUE-DT TRAM TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-12-04 08-04 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 151.62- 151.62 08-12-04 08-04 172 PAYMENT 1,196.91 71.93 973.36 151.62 124,187.43 82.11- 07-26-04 08-04 161 ESCROW ADVANCE 233.73 0.00 0.00 233.73 07-23-04 08-04 319 SCHOOL TAX 1,290.65- 0.00 0.00 1,290,65- PAYEE = 370410560T 233.73- 07-02-04 07-04 172 PAYMENT 1,196.91 71.37 973.92 ---* PF2 FOR ADDL MESSAGES *--------• ACTIVE LOSS MITIGATION ACTIVE FORECLOSURE LOAN, IS IN FORECLOSURE. F/C STOP =,2 151.62 LOSS MIT ND,=Q IN PROCESS/UNDETERMI PROC STOP = A FORECLOSURE PT SERI 0010350007 CUSTOME R SERVICE INV690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-68 66 OC TYPE CONY. PMI MAN F - CINDY R FITTING 192-62-14 85 IR 9.40000 BR PA 717-486-4Y55 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN VIEW CURRENT LOAN INFORMATION >: 07/31/06 -----HEST---------------------* LOAN HISTORY *- ------------ -----------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTI ON T RAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/D ESCRIPTION 123,894.04 524.37 11-15-04 11-04 172 PAYMENT 1,196.91 73.63 971,66 151.62 123,965.25 372.75 10-07-04 10-04 172 PAYMENT 1,196,91 73.06 972.23 151.!62 124,041.88 221.13 09-14-04 09-04 172 PAYMENT 1,196.91 72.49 972.80 124,.114.94 ---* PF2 FOR _ADDL'MESSAGES *-- ----- ACTIVE !O$ -MITIGATION ACTIVE FORECLOSURE LOAN J5 IN FORECLOSURE. F/C STOP g 2 0.00 0.00 0100 82.11- 82.11 09-14-04 09-04 168 REPAY OF ESCROW ADVANCE 151,62 69.51 LOSS MIT IND,£ D TIN PROCESS/UNDETERMI PROC STOP _ g FORECLOSURE DEPT SERI 0010350007 CUSTOMER SERVICE INV690/001 08/ 22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC' TYPE CONY. PMI MAN F CINDY R FITTING 192-62-1-485 IR 9.40000 BR PA 717-486-4155 . 4385 CARLISLE RD GARDNERS PA 1.7324 W 717-258-0071 CCN017 < CCN VIEW CURRENT LOAN INFORMATION >: 07/31/06 -----HIST--------------------- * LOAN HISTORY *- --------------- --------('MORE) PROC-DT DUE-DT 'TRAN TRAN-DESCRIPTION IRAN -EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESC RIPTION 01-24-05 01-05 174 PAYMENT 0.00 74.79 970.50 54.71 1,100.00- 123,819.25 175.08 01-21-05 .01-05 122 PAYMENT 1,100.00 0.00 0.00 0.00 1"100.00 01-18=05 01-05 -152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1 ' 12-31-04 01-05 351 HAZARD INSURANCE DISBURSEM ENT (PRIMARY POL ICY 404.00- 0.00 0.00 404.00- PAYEE = 57619 120.37 112-15-04 12-04 172 PAYMENT 1,196.91 74.21 971;08 151-.62 ---* PF2 FOR,ADDL MESSAGES *--------------------------------------------------- ACTIVE LOSS MITIGATION LOSS MIT INN ,= Q I_N PROCESS/UNDETERMI ACTIVE FORECLOSURE LOAN ja 1N FORECLOSURE. F/C'STOP,= 2 PROC STOP A FORECLOSURE DEPT SERI 0010350007 CUSTOMER SERVICE INV 690/001 08L 22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONY. PMI MAN F CINDY R FITTING 192-62-1485 IR 9,40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS-PA 17324 W 717-258-0071 _ CCN017 < CCN VIEW CURRENT LOAN INFORMATION ):07/31/06 =----HEST------ -------------- * LOAN HISTORY *- --------------- -------(MORE) PROC-DT DUE-DT TRAN TRAM-DESCRIPTION IRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST CROW AMOUNT/CD/DESC RIPTION 123,591.36 524.49 04-18-05 04-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62,72-1 LATE CHARGES FEE 1 1 04-13-05 04-05 320 TOWNSHIP TAX 259.26- 0.00 0.00 259,.26- PAYEE = 370410560) 03-10-05 03-05 =172 PAYMENT 1,248,18 75.96 969.33 123,667.92 02-15-05 02-05 172 PAYMENT 1,310.90 75.37 969.92 123,743.88 ---* PF2 FOR_ADDL MESSAGES -*--------- ACTIVE LOSS MITIGATION ACTIVE FORECLOSURE LOAN jQ IN FORECLOSURE. F/C`STOP = 3 321.60 202.89 580.86 202.89 62.72 =1 LATE CHARGES FEE 1 377.97 --------------------------------------- LOSS MIT INQ = Q LU PROCESS/UNDETERMI PROC STOP = `A FORECLOSURE DEPT SERI -0010350007 CUSTOMER SERVICE I`NV'690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONV. PMI MAN _F CINDY R FITTING 192-62-1485 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN VIEW C URRENT LOAN INFORMATION >: 07/31/06 =---"-HIST-------------- ------ * LOAN HISTORY *- ------------ ------------(MORE) PROC-DT DUE-DT TRAN TR AN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/ DESCRIPTION 07-06-05 06-05 172 PAYMENT 1,310.90 77.76 967.53 202.89 62.72 123;436x44 930.27 06-16-05 06-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0,00 62.72-1 LATE CHARGES 06-03-05 05-05 172- PAYMENT 1,310.90 77,16 968.13 202.89 62.72 123,514.20 727.38 05-16-05 05-05 152> LATE CHARGE ASSESSMENT' 0.00 0.00 0.00 0.00 04-22-05 04-05 172 PAYMENT 1,310.90 76.56 968.73 ---* PF2 FOR ADDL,MESSAGES -*--------- ACTIVE LOSS MITIGATION ACTIVE FORECLOSURE LOAN IS IN FORECLOSURE. F/C STOP =;2 FEE I 62.72-1 LATE CHARGES FEE 1 202.89 62.72 1 LATE CHARGES FEE 1 --------------------------------------- LOSS MIT ,= Q I_N PROCESS/UNDETERMI PROC STOP _ A FORECLOSURE DEPT SERI 0010350007 CUSTOMER SERVICE INV 690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONV. PMI MAN F CINDY R FITTING 192-62-1485 IR 9.40000 SR PA 717-486-41551 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN VIEW CURRENT LOAN INFORMATION ): 07/31/06 -----HI'ST--------------------- * LOAN HISTORY *----------------------(MORE) t PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTI)JE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-16-05 08-05 319 SCHOOL TAX 1,404.85- 0.00 0.00 1,404,85^ PAYEE = 370410560T , 271.69- -188.16 1 LATE CHARGES FEE 1 1,436.34- 1 .310.90 62.72-1 LATE CHARGES FEE 1 ACTIVE LOSS MITIGATION LOSS MIT IND _ O IN PROCESS/UNDETERMI ACTIVE FORECLOSURE LOAN ]„ IN FORECLOSURE. /C STOP PROC STOP _ A FORECLOSURE' PT 07-29-05 07-05 172 PAYMENT 1,436.34 78.37 956.92 202.89 123 ,358.07 1,133.16 07-29-05 07-05 172 PAYMENT 1,436.34- 0.00 0.00 0.00 07-29-05 07-05 172 PAYMENT 1,330.90 0.00 0.00 0:00 07-18-05 07-05 152 LATE CHARGE ASSESSMENT 0.00 O:'00 0.00 0.00 ---* PF2 FOR ADDL 'MESSAGES ;*------------------ SERI 0010350007 CUSTOMER SERVICE INV 690/001 08122/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONV. PMI MAN F CINDY R FITTING 192-62-1485 I'R 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN VIEW CURRENT LOAN INFORMATION >: 07/31/06 __---HIST------- ------------- * LOAN HISTORY *- --------- --------------(MORE) f PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAM-EFFEGTIYE-DATE TRAN-AMT PRINCIPAL INTEREST CROW AMOUNT/C D/DESCRIPTION 09-16-05 !09-05 152 LATE 'CHARGE ASSESSMENT 0,00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1' 08-30-05 08-05 168 REPAYOF ESCROW ADVANCE 0.00 0.00 0.00 202.89- 202-.89 08-30-05 08-05 173 PAYMENT 1,248.18 78.99 966.30 202.89 123,279.08 68.80- 08-17-05 05-05 161 ESCROW ADVANCE 271,69 0.00 0.00: 271.69 08-16-05 08-05 152 LATE CHARGE ASSESSMENT 0.00 0:00 0.00 0.00 62.72-1 LATE CHARGES FEE 1 ---* PF2 FOR ADDL`MESSAGES *------- ACTIVE LOSS MITIGATION ACTIVE FORECLOSURE LOAN I-^ JM FORECLOSURE, _, STOP = 2 LOSS MIT IAN _ Q N PROCESS/UNDETERMI PROC OP r $ FORECLOSURE' DEPT SERI 6010350007 CUSTOMER SERVICE INV 690/001 08/22x'06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONY. PMI MAN F CINDY R FITTING 192-62-1485 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN'VIEW CURRENT LOAN INFORMATION }: 07/31/06 ---- HIST---------------------* LOAN HISTORY *----------------------(MORE) PROC-DT DUE-DT TRAM TRAN-DESCRIPTION TR#N-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 11-16-05 1..0-05 -152- LATE 'CHARGE ASSESSMENT 0.00 0.00 0,00 0.00 62,72-1, LATE CHARGES FEE 1 10-17-05 10-05 152 LATE CHARGE ASSESSMENT' 0.00 1 0.00 0:00 0:00 62,72-1 LATE CHARGES FEE 1 10-13-05 10-05 173 PAYMENT 0:00 0.00 0.00 0-.00 62.72 1 LATE CHARGES FEE 1 62x72- 10-07-05 09-05 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 68:80- 68.80 10-07-05 09-05 172 PAYMENT 1,310.90 79.80 965.69 202.89 62.72 12a,199.48 1.34:009 ---K PF2 FOR ADOL MESSAGES *-------------------------------------------------- ACTIVE LOSS MITIGATION LOSS; MIT IND,= Q I_N PROCESS/UNDETERM ACTIVE FORECLOSURE LOAN S J_N FORECLOSURE. F/C STOP = 2 PROC STOP - A FORECLOSURE DEPT SERI 0010350007 CUSTOMER SERVICE INV690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONY. PMI MAN F CINDY R FITTING 192-62-1485 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN-VIEW CURRENT LOAN INFORMATION >: 07/31/06 -----HEST---------------------* LOAN HISTORY *-----------------------(MORE) PROC-DT DUE-DT T,RAN TRAN-DESCRIPTION IRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 01-06=06 11-05 161 ESCROW ADVANCE 82.02 0.00 0.00 82.02 01-05-06 01-06 351 HAZARD INSURANCE DISBURSEMENT (PRIMARY POLICY 419.00- 0.00 0.00 419.00- PAYEE = 82.02- 12-16-05 111-05 0.00 11-18-05 11-05 0.00 11-17-05 10-05 1 ,310.90 ---? PF2 FOR ACTIVE LOSS, ACTIVE FOREC LOAN N fl 152 LATE-CHARGE-!ASSESSMENT 0.00 0.00 0.00 132, LATE CHARGE ADJUSTMENT 0.00 0.00 0.00 172 PAYMENT 80.23 965.06 123, 19.25 ADDL'MESSAGES -*-------- 41TIGATION OSURE IRECLOSURE, F/C STOP 202.89 336.98 57619 62,72-1 LATE CHARGES 62.72 '1 LATE CHARGES 62.72 FEE 1 FEE 1 LOSS MIT INND = Q IN PROCESS/UNDETERMI PROC OP _ A FORECLOSURE DEPT 1 SERI 0010350007 CUSTOMER SERVICE Ik1V 690/1001 08/22/06 1 5:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONV. PM1 MAN F CINDY R FITTING 192-62-1485 IR 9.40000 -BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 _ CCN017 < CCN VIEW CURRENT LOAN INFORMATION >: 07/31/06 -----HIST---------------------* LOAN HISTORY *- ---------- ----------- -(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTI VE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD /'DESCRIPTION 03-16-06 12-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1 02-16-06 12-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1 01-31-06 11=05 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 82:02- 82.02 01-31-06 11-05 173 PAYMENT 1,250.00 80.86 964.43 202.89 1.82 123,038.39 120.87 01-9706 11-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0,00 0.00 62.72-1 LATE CHARGES FEE I ---* PF2 FOR ADDL MESSAGES *-------- ACTIVE LOSS MITIGATION ACTIVE FORECLOSURE LOAN IS IN FORECLOSURE. F/C STOP = 2 LOSS MIT IND = O IN PROCESS/UNDETERMI PROC STOP a -A FORECLOSURE', DEPT SERI 0010350007 CUSTOMER SERVICE INV 690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONY. PMI MAN F CINDY R FITTING 192-62-1485 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 CCN017 < CCN'VIEW CURRENT LOAN INFORMATION >: 07/31/06 ----"HIST--------------------- * LOAN HISTORY *-------------------------(MORE) PROC-DT DUE-DT TRAN TRAM-DESCRIPTION TRAM-EFFECTIVE-DATE TRAM-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 04-17-06 12-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1 04-05-06 12-05 161 ESCROW ADVANCE 160.75 0.00 0.00 1-60.75 04-04-06 04-06 320 TOWNSHIP TAX 281.62- 0.00 0.00 281.62- PAYEE 370410560J 160.75- 03-22-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 85.00 0.00 0.00 0.00 85.00 MTGR REC CORP ADV BA 03-17-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 9.60 0.00 0.00 0100 9.60 MTGR REC`CORP ADV BA ---* PF2 FOR ADDL MESSAGES *-------- ACTI E LQU MITIGATION ACTIVE FORECLOSURE LOAN _S -L- _IN FORECLOSURE. F/C STOP LOSS `MIT 1±Q ` Q I_N PROCESS/UNDETERMI PROC STOP =- A FORECLOSURE DEPT SERI 0010350007 CUSTOMER SERVICE INV690/001 08/22/06 15,29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONY. PMI MAN F CINDY R FITTING 192-62-1485 I'R 9.40000 OR PA 717-486-4155 4385 CARLISLE RD GARDNERS-PA 17324 W 717-258-0071 CCN017 < CCN'VIEW CURRENT LOAN INFORMATION >; 07/31/06 ----"HEST-------------------* LOAN HISTORY *-----------------------(MORE)' PROC-DT DUE-DT TRAN TRAN-DESCRIPTION IRAN-EFFECTIVE-DATE' TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 07-17-06 12-05 -152- LATE CHARGE ASSESSMENT 0.00 Or00 0.00 0.00 62,72-1 LATE CHARGES FEE 1 06-30-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 9.60 0.00 0;00 0:00 9.60 MTGR REC CORP 'ADV BA 06-16-06 12-05 152 LATE 'CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1' 05-25-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 9.60 0.00 0.00 0.00 9.60 MTGR REC CORP ADV BA 05-16-06 12-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 62.72-1 LATE CHARGES FEE 1 04-20-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 9.60 0:00 0.00 0.00 9.60 MTGR REC CORP ADV BA ---* PF2 FOR ADDL`MESSAGES -*--------------------------------------------------- ACTI'VE LOSS MITIGATION LOSS 'MIT I ND 0 I_N PROCESS/QNDETERMI ACTIVE FORECLOSURE LOAN, IS IN FORECLOSURE. FF'STOP =;2 PROC STOP = A- FORECLOSURE DEPT SERI 0010350007 CUSTOMER' SERVICE INV690/001 08/22/06 15:29:54 STEVEN G FITTING 178-38-6866 OC TYPE CONV. PM1 MAN F CINDY R FITTING 192-62-1485 IR 9.40000 BR PA 717-486-4155 4385 CARLISLE RD GARDNERS PA 17324 W 717-258-0071 j - CCN017 < CCN`VIEW CURRENT LOAN INFORMATION >: 07/31/06 =---'-HIST-------------------- * LOAN HISTORY * -----------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-2-1-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 9160 0.00 0.00 0.00 9.60 MTGR REC'CORP'ADV BA 08-16-06 12-05 152 LATE CHARGE ASSESSMENT 0:00 0.00 0.00 0100 62.72-1 LATE CHARGES FEE 1 08-11-06 12-05 161 ESCROW ADVANCE 1,472.75 0.00 0.00 1,472.75 08-10=06 08-06 319 SCHOOL TAX 1,472.75- 0.00 0.00 1,472.75 PAYEE _ 370410560T 1,633.50- 07-26-06 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 9.60 0.00 0.00 0.00 9.60 MTGR REC`CORP ADV BA ` --- PF2 FOR ,ADDL'MESSAGES *-------------------------------------------------- ACTIVE LOSS-MITIGATI-ON LD.$,MIT IND = Q IN PROCESS/UNDETERM!I ACTIVE FORECLOSURE LOAN -15 IN FORECLOSURE. F?/ STOP = 2 PROC STOP =,A FORECLOSURE DEPT ; MARK J. UDREN* MART MNNEG** GAYL SPIVAK*** HEIDI R. SPIVAK*** MARISA JOY MYERS*** LORRAINE DOYLE** ALAN M. MWATO*** ADMITTED NJ, PA, n • ADMITTED PA ADMrrMD NJ, PA TINA MARIE RICH OFFICE ADMIMSTRATOR August 22, 2006 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003.3620 856. 669. 5400 FAX: 856. 669. 5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE Fidelity National Foreclosure and Bankruptcy Solutions VIA E-MAIL: foreclosuredocuments@fnfs.net PENNSYLVANIA OFFICE 215368.9500 215.568.1141 FAX Re: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 vs. Steven G. Fitting and Cindy R. Fitting Client Loan No. 0010350007 To whom it may concern: Enclosed please find an Affidavit and Verification to be filed with the Court in the above-referenced matter. Please have these documents executed and returned to us as soon as possible. Please do not change the numbers in the Affidavit as they are the ones appearing in the Complaint, which have been updated. Also, to support the Affidavit, please include a copy of the payment history which will be attached to the Affidavit. If you have any questions, please contact our office. Sincerely yours, Tina White Legal Assistant Enclosures UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendants STATE OF COUNTY OF ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term AFFIDAVIT SS I, being duly sworn according to law, depose and say: 1. That I am the for Option One Mortgage Corporation, the servicing agent for the Plaintiff in the within matter. 2. That in said capacity I am familiar with the account that forms the basis of the instant foreclosure action and that I am authorized to take this Affidavit. 3. That all notices, if required to be sent to the Defendants pursuant to Act 6 of 1974 and Act 91 of 1983, have been sent pursuant to the requirements of those Acts on the dates appearing thereon, copies of said notices being attached to the Complaint as Exhibits, if applicable. 4. Plaintiff accurately accounted for payments made by the Defendants. Defendants' Mortgage account is in default and due and owing for the period December 2005 to date. Defendants have not taken the steps necessary to enter into a forbearance agreement or repayment plan, or taken other action to reinstate their delinquent Mortgage and cure their default on the Mortgage. The amounts due on the Mortgage were correctly stated as of the date appearing in the Complaint, in paragraph 6 thereof, and have accumulated since the filing of the Complaint, as follows: Principal of debt due and unpaid $123,038.39 Interest at 9.4% from 11/1/05 to 7/28/06 (the per diem interest accruing on this debt is $31.69 and that sum should be added each day after 7/28/06) 8,597.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/Balance 160.75 Late Charges 313.60 Suspense Balance (64.54) Property Inspection Fees 28.80 BPO Fee 85.00 Attorney's Fees (anticipated and actual 6,151.92 to 5% of principal) TOTAL $138,916.64 A true and correct copy of the payment history, attested to herein, is attached hereto as Exhibit "A". Option One Mortgage Corporation Name: Title: Sworn to and subscribed before me this day of 2006. Notary Public VERIFICATION The undersigned, the servicing agent for the Plaintiff in the Motion for Summary Judgment, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the Motion for Summary Judgment are taken from the business records of the Mortgage held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Option One Mortgage Corporation Name: Title: Dated: V UDREN LAW OFFICES, P.C. BY: NARK J. UDREN, ESQUIRE ATTY I.D. NO.04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 .com Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served a true and correct copy of the Praecipe to Attach Affidavit and Verification to Plaintiffs Motion for Summary Judgment upon the following person(s) named herein at their last known address or their attorney of record: xxxxx Regular First Class Mail Certified Mail Other Date Served: August 24, 2006 TO: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Attorney for Defendants UDREN LAW OFFICES, P.C. qv- BY: Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER I I I WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 MARK J. UDREN* 856. 669. 5400 nUART WINNEG'• FAX 856. 669, 5399 GAYL SPIVAK *** HEIDI R. SPIVAK••• MARISA JOY RS*" LOR ALAN M. MINATOrrt PENNSYLVANIA ADMMDED N, PA PA F1 ADMRT DESIGNATED COUNSEL •'•ADMITT&D W, PA TINA MARIE RICH OFMCE ADMINISTRATOR PLEASE RESPOND TO NEW JERSEY OFFICE August 24, 2006 Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 PENN VANIA OFFICE 15.5 • & 215.568.1141 FAX Re: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 VS. Steven G. Fitting and Cindy R. Fitting Cumberland County C.C.P. No. 06-1264 Civil Term Dear Mr. Yourick : Enclosed please find a true and correct copy of Plaintiff's Praecipe to Attach Affidavit and Verification to Plaintiffs Motion for Summary Judgment in the above-referenced matter, the original of which has been sent for filing with the Court. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, UDREN LAW OFFICES, P.C. By:. q" lt. Mark J. Udren, Esquire Attorney for Plaintiff/Movant MJU/tmw Enclosures ?' ?', G G' ?a _. ?, r?r' ? +? t _ ..-„ '?. ?-t1 J' .i c?? ? .-<: t? WELLS FARGO BANK, N.A., as Trustee, for Option One Mortgage Loan Trust, et al, Plaintiff VS. STEVEN G. FITTING and CINDY R. FITTING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1264 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Udren Law Offices, P.C. for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, September 6, 2006. Date: August 30, 2006 13auia , esquire Sup eme C rt I.D. 87380 10 We igh Street Ca isle, PA 17013 (717) 241-4436 CC: Mark J. Udren, Esquire, Udren Law Offices, P.C., attorney for Plaintiff Frank E. Yourick, Jr., Esquire, attorney for Defendant as v `- 2106 co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendants NO. 06-1264 Civil Term AND AND NOW, to wit, this day of 2006, upon consideration of Plaintiff's Motion for SummaryJudgment and supporting oe ents thereto, and upon consideration of the Reply, if any, filed by the Defendants hereto, the Court hereby determines that Defendants, Steven G. Fitting and Cindy R. Fitting, have failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendants, Steven G. Fitting and Cindy R. Fitting, in the amount of $138,916.64 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriff s Sale; and for foreclosure and sale of the mortgaged property. It is further ORDERED AND DECREED that Defendants' New Matter is hereby denied and dismissed, with Prejudice. !k4f -' t t4 - h r v? ?N"VA ksNN3a uN ; 4imno 6z '01 HV - d3s 76Q4 -,IqL JO UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed €Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting Cindy R. Fitting NO. 06-1264 Civil Term 4385 Carlisle Road Gardners, PA 17324 Defendant(s) PRAECIPE FOR JUDGMENT BASED ON COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), Steven G. Fitting and Cindy R. Fitting pursuant to the Court's Order dated September 6, 2006 (in accordance with the Complaint) and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order $138,916.64 Interest per Court Order 1,267.60 From 7/29/06 to 9/6/06 TOTAL $140,184.24 I hereby certify that (1) the addresses of the P aintiff and Defendant are as shown above, and (2) that no further notic is required pursuant to Rule PA.R.C.P. 2A7 & 237.1. OFFIQES'*-., P. C. DAMAGES ARE HEREBY ASSESSED AS DATE : Mark J. Udren, ESQUIRE Attorney for Plaintiff INDICATED ?, 7,?7 PRO PRO Y J of . ". ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. :NO. 06-1264 Civil Term Steven G. Fitting Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Steven G. Fitting Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Cindy R. Fitting Age: Over 18 Residence: As captioned abo Employment: Unknown A /?' j Na MARK J. 1 REN, ESQ. Ti e: ATTORNEY FOR PLAINTIFF Sworn to and subscribed Co any: UDREN LAW OFFICES, P.C. before me this 12th day f September, 2 06. Nc'taVA_Prih FXNAO NWAp(PUBUC. OF NEW JERSEY ? 6?ea ?? 11, 41612008 , V0? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting NO. 06-1264 Civil Term Defendants ORDER r° AND NOW, to wit, this ' -, da of ?y' .x. y ?z/ 2006, upon consideration of Plaintiff's Motion for Summary Judgment and supportin uments thereto, and upon Z?l consideration of the Reply, if any, filed by the Defendants hereto, the Court hereby determines that Defendants, Steven G. Fitting and Cindy R. Fitting, have failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendants, Steven G. Fitting and Cindy R. Fitting, in the amount of $138,916.64 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. It is further ORDERED AND DECREED that Defendants' New Matter is hereby denied and dismissed, with Prejudice. "RUE COPY FROM RECORD n {esti1n01lYwhereot, I here urns !et my tuna the seal of said Cou ad G $. R. nisi = 'y 0. . ?,n 7-e ell " -011 t > P ?. Z e cr- a a ? r. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $140,184.24 Interest From 9/7/06 5,767.58 to Date of Sale 3/7/07 Ongoing Per Diem of 31.69 to actual date of sale including if sale is held at a later date (Costs to be added) $ LAW OFFICES, P.C. am.z. Udren, ESQUIRE TTORNEY FOR PLAINTIFF Q?l 70 g4, a, 51- w7 4v? 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1264 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2003-2, ASSET-BACKED CERTIFICATES, SERIES 2003-2, Plaintiff (s) From STEVEN G. FITTING AND CINDY R. FITTING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,184.24 L.L. $.50 Interest FROM 9/7/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $31.69 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,767.58 Atty's Comm % Atty Paid $141.56 Plaintiff Paid Date: SEPTEMBER 21, 2006 (Seal) Due Prothy $1.00 Other Costs Curtis . Long, Proth ry By: 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. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification t'p authorities. LAW OFFICES, P. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF C3 c?a cn rr, ?' _+ {n I UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4385 Carlisle Rd., (Dickinson Twp) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven G. Fitting Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 4385 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section 1 Courthouse Sq, Carlisle, PA 17013 13 North Hanover Street 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 4385 Carlisle Road (Dickinson Township) Gardners, PA 17324 Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or informati n and belief. I understand that false statements herein are ma P subject to the penalties of 18 Pa.C.S. sec. 4904 relatin to unsworn falsification to authorities. LAW OFFICES, P.C. DATED: September 12, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff ? ? -? C 4 ° ? - '"CJ i ?. ?? t 3; u ?s'1 "'C3 {'t't? 't ? ?? ? • N . `` j` ?`? _ ?' ? 'Ci ? i J ` ,, ? ;-? ..,, .... .-G . UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed ::Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting ::NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting 4385 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you Act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 o }} co UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting ':NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) t' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 c ' -rt ,77 j M F ? C.. 'T T co r n ? 3 , : UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage ':CIVIL DIVISION Loan Trust 2003-2, Asset-Backed `:Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting `:NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) W YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ` ' y0 Y W ? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage ;CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting -:NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Cindy R. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) r? 1 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 r-? t? G ? "C7 ?'. ? ?1 ? "s t , ? y ? Z N ? j ?, ?= e ? J - J, -. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Defendant(s) PRAECIPE TO AMEND WRIT OF EXECUTION TO THE SHERIFF: Kindly amend the Writ of Execution to reflect the property address as follows: 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 UDREN LAW OFFICES, P.C. Mark. TlHren, ESQUIRE ATTO EY OR PLAINTIFF N_ -rj 35 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed ::Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 'MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. 6 Steven G. Fitting NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Defendant(s) AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, a/k/a 4395 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) t YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C"5 ? C. ? c T ? £? ? ? " ^m . ?r ?9 ? _+{may -!J ? .t" ?, r ? ? yy W . yy f.? s ? .. ` .`r" ?YY ?:_: ?C? . :,:?` ? . ,.,, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as €COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed 'Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4385 Carlisle Rd., a/k/a 4395 Carlisle Road, (Dickinson Twp) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven G. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none I .., 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq, Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Frank E. Yourick, Esq. 4385 Carlisle Road a/k/a 4395 Carlisle Road (Dickinson Township) Gardners, PA 17324 P.O. Box 644, Murrysville, PA 15668 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: November 16, 2006 Mark J/ Ufren, ESQ. Attor y or Plaintiff 3 C ? C= rr ` 1 < - ". ) -r; w UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One ;CIVIL DIVISION Mortgage Loan Trust 2003-2, ":Cumberland County Asset-Backed Certificates, Series 2003-2 ENO. 06-1264 Civil Term Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. XXXXXX xxxxxx Certified Mail Regular First Class Mail other (certificate of mailing) Date Served: February 6, 2007 TO: Cindy R. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 UDREN LAW( V7, P. C. ` J( By: Mark J. Udren, Es uire Attorney for Plain 'ff a 1-3 0 O 0 o ' Z O x G ? a r? L%3 Ls Q1 m a y 0° tw Y. O O C ,n M mo? :?- p505 co om- wam C) -0 Lnf Ll !• ! Ir cr P0?a0e C 3i 3 RSUM R Reo? C rrA t ' ? / Cc I s0 L C 3I C3 Td l Poste9a &Feea Poone* flare 0711 ? y?-A Cindy R- Fitting Egq orP084,/o ?,:.,k E•,Youxrys PA 15669 Box 644 ; `-44usrysville, Criy, P.O. N i•e`g" d G. .. 9¢ k" l i OWJ71 v -n N ?0 O O Cd 0 Oa Z ? 3 0 K ?y. T iP pd wP ' oo n i ? I N' i g? m c 3 C3 0 Q' C3 I3+ L-j G O C3 O N -J k? t-r ru to 1 C32 m N1 UpS O r? I- 's0dd PUB sOdv e1 peseeippe IIew GO 814811BAR mu sl uo!}}BUUOwI OAllep 01 838036 1OOJe;al 'IUlnbul us Oupew uegm 11 jueseJd pus Idle3eJ slyl GABS :1NViHOdwl •Ilew Pue eBeleod 490 WM AP PUB 4014ep'POPeeu IOU el Aeaw ,a m sI Ni?IBuwrA4KW + uBwPea?Ba?pee?aWWO ? MR is 8 i ¦ -W9 StO wese, WWJWPUG 04 44M eaeidpew e4t 4+ew uo vw ow OWN •+e6s PvWW ie s Mpppe uD soma ppe ap W peO,MAseu eq Am Awnpep 'eel iwqNPPe Lm uOd ¦ ei ldisow imm PogwoO unoA uo *mmeod escien a * W w WMW ep0panP ee Xo mRm gel a eAMm 41'.PeWenheu >idleoel? u??4ay,, weidpew ewapu3 'eel e4i useoo oW oBopod opeapddeeeepppedpes e? eW W (&&9C ewd Sd) Xdleoed jo looiud q Pei eq Ae?u81lP1Pe Ue ¦ lien peuspooW Jo pwneui ueppuoo essep 'eeiyenien uod 'Iim PowAo 4NM 43alA0ud 81 3Dtlu3A0O wwungNi ON ¦ *owu Wuogeu+em to seep Aua Jol eigepena m ei Pn Peum ¦ 'olieWW 4MPd JO ellen "SO-MU tOm PB PJJw e4 AINO RMA OM} JCl WV J98 MMOd etp Aq Wq AmM 10 pmw v ¦ eoeidiiew MOA uol ueypuepi enbiun y ¦ P$ Form 3800, June 2002 (Revww) 40M B 4pw d ¦ sepP OAd 118N PeBIUe3 cc E S ami N LL N . Q m = LL N w C O O h m LL d E 'a n m o 8 r c ee 00 m CO) U x SE lE?v c ? Qacc a=W w C C ? o ? d ? C 7 rq L O Q =10 CL CL c m y L L NCI?? ?f c U??? mr w d N NNN 47 C ? N t« c W ° ?lo? m 0 a S ? o mWO0 0! .9 v Q L J W J O z cn W 0 W W a?DIr '0- z W O Q - ?3 m X LL 0 U, fgZ LL w to a' O V }a Sup= Q 3co W WDOw ? OU 0.'0 W Dow= m z WW W:) D ax 0 P O Cf) mg Q 7 C N C LL N ? N r y- ma O z - cr) s Y ? I ? f A S, D z 5 o F, ' IU) ,w r> -E?«E m i ? a ? a b ?dv E? d e vega p' m ? m ... 10 9 C °? E d v ?' c 7 C S E. m _ iT c`' 2 o m s o W 8 E? O m •"?E?? C 2rID r L -0 e U O t tl a- Zp qps Gby?N'L b O W E E e a« t E n c a umm . 6 S. OEenT? oEE -CC m >. UO m ?? 3 V 'E cma? v9ea C CD ?EEg? mmgE?? cu?E9 m0?i°?m aFg?8n -6 e o C ? N E g o . o ® ?" o vi o m d a m m a 0 V m m p 3 O LL i H ?o o a a It z rn id a Z 15 CD N a LL .2N E ?a O _v LL m? N ?? a o 27, -am o co UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2003-2, :Cumberland County Asset-Backed Certificates, Series 2003-2 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting Cindy R. Fitting ::NO. 06-1264 Civil Term 4385 Carlisle Road Gardners, PA 17324 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the p alti s 1 C.S. Section 4904 relating to unsworn falsificon to thoriti Dated: February 28, 2007 UDREN 4W OtFIC?S, P.C. BY: { \, Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2003-2, :Cumberland County Asset-Backed Certificates, Series 2003-2 1270 Northland Drive, Suite ,NO. 06-1264 Civil Term 200 Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEVEN G. FITTING AND CINDY R. FITTING PROPERTY: 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00 am, in the COMMISSIONERS HEARING ROOM 2' FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A m ?s s T-0 LL. Eym ? a0 "g???? Or- 5 M r` 4 „cea>a+ o ?? fj) - Y Qia r' FS? s o.. §1 f Eg c 4`? , cr G? w p? E •m m q m ?i m ? um. ? ? A? oe Z FE ?ovv w a 0 000 LU ao z ?o Cl LU c W 4 2 a to a Z °w 0 Q-1 0 ?4 O W O o F- Z U Qd W W:3 O?O a$ tV t-- U) w -1 c V o 0 ao W C- cc :D a z U, AC W. 0 w 7 (0e% o a ?apQG$ N ? Za ?vOi <'t! _ a ?u G! ul CD a CL. CL CL LL 0 3WOS QQ w 50 UC1 N N? LuW y?C7? = NW Z? m Y Z w U, `2fl?G p>tQ ?7 $ ?Q3W Z? p O r T O O t a. CD !- u- a??V VO ON o ?? w ?g S ? ?z w c ?? Oc C4 V) G N U. per-- ! r 00 E Q <- N C')' EXHIBIT A 7- 0 o4i N U. M 0 LL 0 a Wells Fargo Bank, N.A., as Trustee for Option In the Court of Common Pleas of One Mortgage Loan Trust 2003-2, Asset-Backed Cumberland County, Pennsylvania Certificates, Series 2003-2 Writ No. 2006-1264 Civil Term VS Steven G. Fitting and Cindy R. Fitting Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1810 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Steven G. Fitting, by making known unto Steven Fitting personally, at 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Cindy R. Fitting, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description, as NOT FOUND, as to the defendant, Cindy R. Fitting. Defendant does not reside at 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania. The Post Office does not have a forwarding address on file for the defendant. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1125 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven G. Fitting and Cindy R. Fitting located at 4385 Carlisle Road a/k/a 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Steven G. Fitting, by regular mail to his last known address of 4385 Carlisle Road a/k/a 4395 Carlisle Road, Gardners, PA 17324. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff BY Real Estate eputy EXHIBIT B UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail other (certificate of mailing) Date Served: February 6, 2007 TO: Cindy R. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 UDRN LAW V S, P.C. BY-: Mark J. Udren, Es uire Attorney for Plain "re EXHIBIT B a O oa a x o '%j cr n N t%J v, rn rn ? 00 r O Q C O 2j? m fl m -0O QD co w C7 rev p tin to CI O cm) ,b N'i, ? r' M-.Mo-W. 'a ' .?-!. C'o" Fee nom- Er 7=:N-a o Row 0 o rR, 'R 0i tJ TOSSI POSE & Fees i1n o L7 C3 Cindy 11 != '/0 Fra cep sip P.O. sc T jp. 4. ExHiB1T B i 00,5114-1 o N ron n co I- P. c 00 a co co ? m h! rt - r± 2 $ am. h 8i i? i° a ;3 iD t. i m r-- ?I . 1 0 Q Q" O Ch L-j Q G 0 G L? .A t•? r1J Ln an P. ?? ? ? ?' p3 a_ Q r , Ln rn rn m i 111 0> 9,090 c U-R3 30 ,,•< A.v CL m ¢c Mm p? m ? c. p1E3CL ma?°- w x 0. 0> `9 sy 8 p po K P CL C 0 ?? ?? o? 'gOdd PUB sOdV 01 PesaeiPPs 11OW u0 S1g8Q8Ae 109 21 001 aWJ01a1 AJeA119P 01280000 16aJ61u1 'Ailabal us dupow uogm 111unwo pus ldlaow slgl eAa$ :1NVlllOdwl 'Ilew PUB 9000W 4NM W M XLM PUN 4MW'PePeeu 4ou el As= IM POWDO stp uo wriod s a •&g pmgsod A4 90W 4sod eta W op -po 44 weswd eat Pa W of idlwej pW peypteo ma u0 wsugsod s N ¦ puo slooomppe 0 49M e0eldlleut e44 4mw AD WP MP 9W wV APP o? wgumj o . esemppe a p (4 p A w eg sl 4dMw lMn P99WO JrtoA uo 4nugsad eSdSn a V oea Wrge1 ewllarTP H 10{ eel a anlBOeu 41'.Pe4see9" 940068 u?g0? eosldpstu mopug 'eel atq Jenoo c% *&"W sigeopdd pped ? Mra amm e4i o4 ( "SC W30-1 Sd) idjw9W uuuad s 4aeae PUB elaldtuo0 ?e ttt vH4d?eH vugeH uMgo qL +j9AM w lou d aWAua a4 pepwdm aq Aa mu1 um lea a peel leuoplppe ?,oj . and •Ilew Pome0 Lmm o3 d sl 39vH oo 3 nSNI O ¦ *Mnu Ieugl um 4ul w soap Aus A4 algep m mu sl tiew PONWO ¦ *vmn AlPoPd Jo sm swro-p uw mm pouw O eq AINo Aew Pvi Pegm ¦ mopulmoM p*ioduq SM&A ag A4 WVJ98 MM0d m# ,(q 9* AWApep lo.PW V ¦ wool= jwK jol AeygttePl ertblun V ¦ P8 Form 3800. Jtms 2002 (Rovem) ldlem 9uplatu v ¦ =Pled HOW PBIIIIJe3 EXHIBIT B a ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Cindy R. Fitting C/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 A. X Agent S. Received C. Date of Delivery D. Is delivery address different from item 1? 0 Yes iter delivery address below: (3 No A.--- X68\ +:A a.. 1 0 Express Mail 0- stered 'Retum Receipt for Merchandise 0 Insured Mail D C'O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7006 0 810 0001 9471 1258 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT B E LL Q LL C p LL N? W 41 Ea r ao? m 40 E m s s c?'i V y p m d m 7 L a? a Q: o ui EH E at c 0 4 WyQm V cc C V ell ??? a w ui J W M ?- 0 ZN °DO a 0? w w co ar z o ?Q? m x W Q u U.Or Z U- V W a 3 to 1l d U W g?or o U, W ? ?O?m l ;O m E ? y C N . ' N N 'Q { ?mmV„ E?OCm $w5 E m'SE? ®E CL a m y,L?' °0 CD 0 ?2E£?? ID M 0 A, a pE m °' E > -:; co Een t i -O U'S Will ? g as '; ? 41 ? ? -'k ;mow . t?? W ?.>? ?? I I to Z g Q1 a c n°. m 0 V T r T o r C. 0 V s g D gp6 C it oa m F3 ? ? i z_> m r o r? ? n 8 LL a 4 ?" t ? p c LL o N ?-? ?; !? .__.i _ -?r+a ;tJ f?7 ` t -n V ?._ _1 ??C) -.' ?T'1 4.s.? .. ? } T> '"'{ (3 ? Wells Fargo Bank, N.A., as Trustee for Option In the Court of Common Pleas of One Mortgage Loan Trust 2003-2, Asset-Backed Cumberland County, Pennsylvania Certificates, Series 2003-2 Writ No. 2006-1264 Civil Term VS Steven G. Fitting and Cindy R. Fitting Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1810 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Steven G. Fitting, by making known unto Steven Fitting personally, at 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Cindy R. Fitting, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description, as NOT FOUND, as to the defendant, Cindy R. Fitting. Defendant does not reside at 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania. The Post Office does not have a forwarding address on file for the defendant. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1125 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven G. Fitting and Cindy R. Fitting located at 4385 Carlisle Road a/k/a 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Steven G. Fitting, by regular mail to his last known address of 4385 Carlisle Road a/k/a 4395 Carlisle Road, Gardners, PA 17324. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mark Udren. Sheriffs Costs: Docketing 30.00 Poundage 19.76 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 15.84 Certified Mail 3.09 Levy 15.00 Surcharge 30.00 Law Journal 401.00 Patriot News 404.66 Postpone Sale 40.00 Share of Bills 16.83 $1,007.68 J q)t4 Jv l q-- 1.5& LK 5 9 3,23 JR, ?QS331 So Answers: R. Thomas Kline, Sheriff B-?J L Real Estate puty UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as =COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4385 Carlisle Rd., a/k/a 4395 Carlisle Road, (Dickinson Twp) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven G. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq, Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Frank E. Yourick, Esq 4385 Carlisle Road a/k/a 4395 Carlisle Road (Dickinson Township) Gardners, PA 17324 P.O. Box 644, Murrysville, PA 15668 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: November 16, 2006 Mark JJ Ulren, ESQ. Attor v or Plaintiff U'JREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as €COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting ENO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 De f endant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4385 Carlisle Rd., (Dickinson Twp) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven G. Fitting 4385 Carlisle Road Gardners, PA 17324 Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5.. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section 1 Courthouse Sq, Carlisle, PA 17013 13 North Hanover Street 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 4385 Carlisle Road (Dickinson Township) Gardners, PA 17324 Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or informati n and belief. I understand that false statements herein are ma e subject to the penalties of 18 Pa.C.S. sec. 4904 relatin to unsworn falsification to authorities. LAW OFFICES,,P.C. DATED: September 12, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff UDREII'LAS?+OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :'COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed 'Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :`NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 Defendant(s) AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, a/k/a 4395 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU'AY StILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 • U-DREN LAW OFFICES, P . C . ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 "COURT OF COMMON PLEAS Wells Fargo Bank, N.A., as Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 S 'te 200 'MORTGAGE FORECLOSURE 1270 Northland Drive, ui Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 De f endant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 k UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road, a/k/a 4395 Carlisle Road Gardners, PA 17324 De f endant (s) AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Cindy R. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, a/k/a 4395 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y YOU.MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 3DREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Option One Mortgage :CIVIL DIVISION Loan Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 1270 Northland Drive, Suite 200 :MORTGAGE FORECLOSURE Mendota Heights, MN 55120 Plaintiff V. Steven G. Fitting :NO. 06-1264 Civil Term Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Cindy R. Fitting c/o Frank E. Yourick, Esq. P.O. Box 644, Murrysville, PA 15668 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF GROUND, SITUATE ON THE EASTERLY RIGHT OF WAY LINE OF PA 34 (SR 0034), LYING AND BEING IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND NUMBERED AS LOT NO. 18 ON A FINAL PLAN OF LOTS FOR MICHAUX MEADOWS PHASE II RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN SUBDIVISION PLAN BOOK 64 PAGE 42B, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF PA 34 (SR0034) AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID RIGHT OF WAY LINE OF PA34 (SR0034) NORTH THIRTY-ONE (31) DEGREES ONE (01) MINUTE FOURTEEN (14) SECONDS TWO HUNDRED TEN (210) FEET TO A POINT, AT A CORNER OF LOT NO. 19 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 19 SOUTH SIXTY-SIX (66) DEGREES TWO (02) MINUTES ZERO (00) SECONDS EAST TWO HUNDRED TEN AND SEVENTEEN ONE-HUNDREDTHS (210.17) FEET TO A POINT; THENCE EXTENDING ALONG LOT NO. 21 ON SAID PLAN SOUTH TWENTY-FOUR (24) DEGREES THIRTEEN (13) MINUTES FORTY (40) SECONDS WEST TWO HUNDRED (200) FEET TO A POINT, AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 17 NORTH SIXTY-EIGHT (68) DEGREES FOUR (04) MINUTES FIFTY-NINE (59) SECONDS TWO HUNDRED THIRTY-FIVE AND TWENTY ONE-HUNDREDTHS (235.20) FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING.9220 ACRES. BEING KNOWN AS: 4385 Carlisle Road, a/k/a 4395 Carlisle Road, (DICKINSON TWP) GARDNERS, PA 17324 PROPERTY ID NO.: 08-15-0199-038 TITLE TO SAID PREMISES IS VESTED IN STEVEN G. FITTING AND CINDY R. FITTING, HUSBAND AND WIFE BY DEED FROM OAKWOOD CUSTOM HOMES, INC. DATED 01/20/00 RECORDED 02/11/00 IN DEED BOOK 216 PAGE 109. WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) NO 06-1264 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2003-2, ASSET-BACKED CERTIFICATES, SERIES 2003-2, Plaintiff (s) From STEVEN G. FITTING AND CINDY R. FITTING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,184.24 L.L. $.50 Interest FROM 9/7/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $31.69 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,767.58 Atty's Comm % Due Prothy $1.00 Atty Paid $141.56 Other Costs Plaintiff Paid Date: SEPTEMBER 21, 2006 (Seal) Curtis R. ong, Protho By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone : 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 20 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 4385 Carlisle Road, 6[1k J4 YA- ('' r-11 le Gardners, more fully described on Exhibit "A" 42, filed with this writ and by this reference incorporated herein. Date: October 31, 2006 By: A Real Este Sergeant LO -b V 9Z d3S 9001 VC AjJd1U- JAIKH? N THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............................ ......... COPY Sworn to and subscrib b f r this 26th day of February 2007 A.D. S A L E #20 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dayphin County Notaries ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coy/ , Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL" LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 20 Writ No. 2006-1264 Civil Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 VS. Steven G. Fitting and Cindy R. Fitting Atty.: Mark Udren ALL THAT CERTAIN piece, par- cel or tract of ground, situate on the easterly right of way line of PA 34 (SR 0034), lying and being in the Township of Dickinson, Cumberland County, Pennsylvania, known and numbered as Lot No. 18 on a Final Plan of Lots for Michaux Meadows Phase II recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Subdivision Plan Book 64 Page 42B, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly right of way line of PA 34 (SR0034) at a corner of Lot No. 17 on said plan; thence extending along the said right of way line of PA34 (SR0034) North thirty-one (31) de- grees one (01) minute fourteen (14) seconds two hundred ten (210) feet to a point, at a corner of Lot No. 19 on said plan; thence extending along the said Lot No. 19 South sixty-six (66) degrees two (02) minutes zero (00) seconds east two hundred ten and seventeen one-hundredths (210.17) feet to a point; thence ex- tending along Lot No. 21 on said plan South twenty-four (24) degrees thirteen (13) minutes forty (40) sec- onds West two hundred (200) feet to a point, at a corner of Lot No. 17 on said plan; thence extending along the said Lot No. 17 North sixty-eight (68) degrees four (04) minutes fifty- nine (59) seconds two hundred thirty-five and twenty one-hun- dredths (235.20) feet to the point and place of beginning. CONTAINING .9220 ACRES. BEING KNOWN AS: 4385 Car- lisle Road, a/k/a 4395 Carlisle Road, (DICKINSON TWP) GARD- NERS, PA 17324. PROPERTY ID NO.: 08-15-0199- 038. TITLE TO SAID PREMISES IS VESTED IN Steven G. Fitting and Cindy R. Fitting, husband and wife by Deed from Oakwood Custom Homes, Inc. dated 01/20/00 re- corded 02/11/00 in Deed Book 216 Page 109. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee :--COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 Plaintiff :MORTGAGE FORECLOSURE V. Steven G. Fitting :NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $140,184.24 Interest From 9/7/06 17,302.74 to Date of Sale 3/5/08 Ongoing Per Diem of 31.69 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. b 4E- 00 F? S b W p O 'd v (A O 9u G? Slu (A .e U ? - oo . c O o0 0610 = s O O ? D C) rv v rQ OD c.? 0 --+ r O(P IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Steven G Fitting Debtor(s) Chapter 13 Case No.: 1-07-bk-00643-MDF ORDER DISMISSING CASE Upon consideration of Trustee's Motion to Dismiss for Material Default and no appearance by the debtor at the scheduled hearing, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court, 71 Judi (]DK) This document is electronically signed and filed can the same date. Dated: November 15, 2007 MDPA•DISMISS2MPT REV 0/05 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee =COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 Plaintiff :MORTGAGE FORECLOSURE V. Steven G. Fitting :NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) x C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual x B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: A /?k Mart J. Udren, ESQUIRE Add iss & I.D. # as above c ? r7 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee =COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed =Cumberland County Certificates, Series 2003-2 Plaintiff :MORTGAGE FORECLOSURE V. Steven G. Fitting :NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Mark. tfdren, ESQUIRE ATTO EY FOR PLAINTIFF C_7 ry co x' 4ti. co i r BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee :COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed =Cumberland County Certificates, Series 2003-2 Plaintiff MORTGAGE FORECLOSURE V. Steven G. Fitting NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank NA, as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4385 Carlisle Rd., (Dickinson Twp) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven G. Fitting Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 4385 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 1 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank NA, as 6501 Irvine Center Drive Trustee for Option One Irvine, CA 92618-2118 Mtg. Loan Trust 2003-2 Asset-Backed Certificates Series 2003-2 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 4385 Carlisle Road (Dickinson Township) Gardners, PA 17324 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: November 26, 2007 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be Mark J. Wren, ESQ. Atto nev for Plaintiff r --- r ?= Cd i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee :COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 Plaintiff :MORTGAGE FORECLOSURE V. Steven G. Fitting :NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting 4385 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing. Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) op r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 nleadinas@udren.com Wells Fargo Bank NA, as Trustee :COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 Plaintiff V. :NO. 06-1264 CIVIL TERM Steven G. Fitting Cindy R. Fitting Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Steven G. Fitting Cindy R. Fitting PROPERTY: 4385 Carlisle Road (Dickinson Township) Gardners, PA 17324 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 5, 2008, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1264 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA, as Trustee for OPTION ONE MORTGAGE LOAN TRUST 2003-2, ASSET-BACKED CERTIFICATES, SERIES 2003-2, Plaintiff (s) From STEVEN G. FITTING & CINDY R. FITTING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,184.24 L.L. Interest from 9/07/07 to Date of Sale 3/05/08 Ongoing Per Diem of $31.69 to actual date of sale including if sale is held at a later date -- $17,302.74 Atty's Comm % Due Prothy $2.00 Atty Paid $1,170.74 Plaintiff Paid Date: 11/28/07 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. Other Costs s r f L`0? Pro otary By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank NA, as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2003-2, 'Cumberland County Asset-Backed Certificates, Series 2003-2 :NO. 06-1264 CIVIL TERM Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendant(s) CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail Other (certificate of mailing) Date Served: December 19, 2007 TO: Steven G. & Cindy R. Fitting c/o Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 UDREN LAW OFFICES, P.C. BY: "'? "C Attorneys f6rDPlaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE H O ron c) to ?- p- ft O O 0 m C 144m N m fi ?j Nk ?Pd? N m ni m tri p- '4 rt rt o :1- 0 W 0 h' fi W U1 N- rn W C4 t1i N N- Fj m t d O O C ? O j ? m °$-5 zoos ° F mD M m n D0 v wGm0 CERTIFIED MAIL HE(--' H?`-f r-1 r:1 Ir Er m m 0 FINAL USE ..o ..n ca ca rq ra Postage $ Cer?dtied F. ? rl r9 ° ° Return Recelpf Fee ? Postmark Here p p (Endorsement Required) ° ° Restricted Delivery Fes C3 ° (Endorsement Requlmd) L ! ul ?- ?- Tote) Postage & Fees $ l mtm -n -? Sent To Steven G. Fitting msss? C3 ° 3`tr; ii'pt 7 Cindy R. Fitting ........... ° ° r, 6- ~ or POBox A C/o Frank E. YOUrick, Jr., Esquire. _. .. --? --- ------- C* ate; P.O. Box 644 . . Murrysville, PA 15666 n Ci `i• i, co o ?1? R r a" =} E r`" i?E 6 x I f ?f L909-OW30.OM NSd (MMOV) OW III UM UUOj Sd •lilubul ue 6ul4im uega it powd put Idlesm slip utS JJJOdWl *PW pug e6s??seoud?Mdm WM XUM PLW LPIM `pepeeu IOU 91 ld s= 5UNMUPod X4 -OM eW fd eag?K1 PWMW glnWROW is PowsJ ma u? ? 91 ¦ p! oem pn Powso mod uo watmdousn g' 90e1 LLmm empop s A am" 0%9 w -mm 41 •ow&A ed > eoeldMwu eej an JQAW a •?eod PP8 PUe =plus"o? 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A N °?EE=rn C Nu, 'c 'a G , m d x ? ° ? n ps is R 9 ? m C ° GG N ? v ? O to O 7 V M = ip 10 °p?G .°fl? ay oio m A T? d m 0 0 o.E c ? ro c o'? Ea N o u g @ o ? 1? N iC C .?•• E? O ,a u mML- m W d rP o.°o'm to ?g r °- C ti. c a_ eo O C. T Ir T V Qt C. O v G {L n 18 I O a i ?mpQ? 7 > ? N ,d. '10 LL C 0 9N N LO E T C = d m Lo J C7 P P 0 P ?,., P P P N CO <r rn t6 M 11.. I ? " ?i C ? ?_ G ? ., ? ? r'-f? , ??)Y ` '?? ??? ?.. . '^S?S .''?' .. '? ? J; ? .?. UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank NA, as Trustee =COURT OF COMMON PLEAS for Option One Mortgage Loan `:CIVIL DIVISION Trust 2003-2, Asset-Backed = Cumberland County Certificates, Series 2003-2 6501 Irvine Center Drive Irvine, CA 92618-2118 Plaintiff V. Steven G. Fitting Cindy R. Fitting ::NO. 06-1264 CIVIL TERM 4385 Carlisle Road Gardners, PA 17324 Defendant(s) ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt,.which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: January 8, 2008 ?./? UDR rkWI/?IC?ES,????./ P0./CIlJ/1 )W/ll /1 BY: Attorneys for 15raintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M ARKEMA ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank NA, as Trustee for Option One Mortgage Loan Trust 2003-2, € Asset-Backed Certificates, Series 2003-2 € Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1264 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Steven G. Fitting & Cindy R. Fitting PROPERTY: 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 5. 2008, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A • d LL - ° m o aH??c ??tt CO W.aggo O m 4? 110N ° N 'E L$m?. SN !ALL ' j ?? ? EWEm?? * 9 a=?rf o (6 z, 4' ? E S $ m E m m LL 1 g u7 =2r E M? O O m ? . ° ?SOm C'°.' m m m? m a. .? •? ? O N M LL 'a w m a..? LEa Go.8 2 d E ?EEan£n c O y o p a E y(p w i? V 0 10 CO ° D L E O m ;g m . ? a L- EM - ,C,o 03 Qt?W a w C C E .Ea m r m?A " st c m• 8 _? o ,t ? E , mN°ao S'N W L M d? Q> m m 0? C S 0I C. `° O L` ? 01 c.?a?? mt m g 8 ?m ? 2U v ? ,, ? ? L D ID t w ? E P E2 12 w a?i m to m a m a a' c O m CY . U U w U ai .? r _j E a ? r 0 CL Z v` ° Z 0 0 ?" Q ~ aQ Z n O? '- W M v o_ o. F- ?? d . ~ o W ? O m E 0 tQr 0aD E c W Q C', Uo m? L) C) U coow O n' o a gul ?o t W - >,w d ILO 1. W w 1L? j C N » ZLLj ? Z ?' Q- W EE ? ? ? m 00 ? i ?- k - LLJ ch a. a. ?y a oo t{ Ja'w _ zy w? Or L) \\\ ma _ lu : C-4 o >2 . U D O < ' P W LL . O co Z ? j a Q m r= mC. ma lJ 2w ? ga zcYi ' z 0 00 F_ 0co 0a I— as T ? CCO O N a L da N ic> v amiD QZ 6 c O e V) o au? ?a ? ca ? 2 i Q Z O C =. T N m It !C! m O T T C,4 cn T v T g 22 J EXHIBIT A C m a C a°m W O x m 1- m Q U m O U. Oa T ca Q CD M O U. co a C U. Ir- Ln O N O co O U cts rn I_ C a? m w co UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY KILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank NA, as :COURT OF COMMON PLEAS Trustee for Option One :CIVIL DIVISION Mortgage Loan Trust 2003-2, `:Cumberland County Asset-Backed Certificates, Series 2003-2 :NO. 06-1264 CIVIL TERM Plaintiff C'1 C ^a o v. Steven G. Fitting rp R Cindy R. Fitting r C-13 r" -` ! Defendant(s) F V N om CERTIFICATE OF SERVICE 9 The undersigned, hereby certifies that they have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxXXX Certified Mail other (certificate of mailing) Date Served: December 19, 2007 TO: Steven G. & Cindy R. Fitting c/o Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 UDREN LAW OFFICES, P.C. BY:, '-? Attorneys for laintif MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE EXHIBIT 13 CI1ANDRA M. ARKEMA, ESQUIRE i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank NA, as :COURT OF COMMON PLEAS Trustee for Option One '-CIVIL DIVISION Mortgage Loan Trust 2003-2, :Cumberland County Asset-Backed Certificates, Series 2003-2 "NO. 06-1264 CIVIL TERM Plaintiff V. Steven G. Fitting Cindy R. Fitting Defendant(s) The undersigned, hereby certifies that they have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx xxxxxx Certified Mail CERTIFICATE OF SERVICE Regular First Class Mail other (certificate of mailing) Date Served: December 19, 2007 TO: Steven G. & Cindy R. Fitting c/o Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 UDREN LAW OFFICES, P.C. BY: , 2, ?'? "-? Attorneys for laintif MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE EXHIBIT B LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 0 moron n(n K o o ?S n ((DD owrd X ?j 6) ? r (D Ft? t31N ro ?w ? H Fj W U7 Fi- rn n CA x' CO C-I F1 tr1 N- Fj (D O O _? MD =.•?m Mo?Z ?oo* zvmm" OD M m-i ro O ? C82 8,0 wc?M0 E-4, t r-1; r-9 Mornestic Mail Only.- No Insurance Co verage Provide;# _- Er Er m rn For delivery iniormation visit our webSite 2 t WWW.USPS.CDM ` ? -o CO . ' r-i Postage $ _ a! O 0.6,d Fee ° ra Postmark a O Retum Recelpf Fee Here p p (Endorsement Required) O C3 Restricted Delivery Fee ' M C3 (Endorsement Required) Ln u'7 S S Total Postage & Fees s ! m..m Sent o Steven G.. Fitting M C3 SYreet,Apt 1 Cindy R. Fitting I POSOKA C:/0 Frank E. Yourick, Jr., Esquire Ciry57ete,? F.C. Bor. 644 Murrysville, PA 15666 'l f i f r i i \> pttp 11? ??l ref 4 ( f `? ? ii S t EXHIBI ! 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OR= Now v ¦ :SGPIAad 11PW PORWOO y f G N'?p t'Sij' EXHIBIT B # i ¦ Complete items 1, 2, and S. Also comowe Item 4 if Restricted t)elivery is desired ¦ Pftjyour name and address on the reverse nL - 90 that 1N9.C8F1?r61Um'th8 Card t0 YOU- -0 Attach-this card to the back of the mailpiece, ermits ace the front if s $. (? Y P({?j? ) ? ' 1xite4f.Delivery p . p or on Jtem tt ? ?' i d j ?#'?as 7? m ,. e very s - , 1. Article Addressed to Steven G. Fitting Cindy R. Fitting c/o Frank E. Yourick, Jr., Esquir P.0. Box 644 Murrysville, PA 15668 yes ow: e' 01vo j Servic0' ?.Gertifi'ed ?iA811 l eased Return Recelpt:for Merchandise rI 'Iroured?Mail M. 4. Restricted Delivery? {ExGa Fee) 0 Yes 2. ArddeNumber 7006 3450 0001 0186 4391 (rrahsle? from sen4ce label -- - - - PS Form 3811 }August 2001 Domestic Retum Receipt to25ss a2a?t?4o } M_^r7 IT 13 a) a) N I a m m o a m m ¢ L L •yi m°omEc= c, 2 i I I ( I Em'mtio I (n LL ti c a ?; ¢ I I E c n m= n rn 'O O L v (A. L I ? ( I I .? ?? m .? o I y V i _ ¢ N? ?' O W N I I ? ? I mop >, m m y ?= J G O U ? ? I I lC 'O ? N d O: ? I I I I m m ti '? N U O C a`i J U) L) I cNC9-=°' Cvti C! i o g '- 0 0 II 1 O U m I I I c m o ? . m O _ c `l , 1 o a ° Sv, o m = c?'i m c 0 CO (? r 3 I I I I O? C+ Q, .C p I C? yS,f U? I I mo?c? d cl ?` ? ? o? -z? ? c d OI 1 fr.- -1 . > o ILI I { I V._N> G N O ?. ?1 I ¢ 10 s R m a. EC o l I ----- _ l U I 0 ------------- i d a -a aJ U '4 N 0 l m- x t / ?Q, c 4". a e / - a, M u AL ?..1 f "? ? 4s , lil . I I ? No C-UU ' Im N - I I W M < Y ° c co i I fz ? o co I - Z g p uj {, I N O 0 Y m (j u. ti l i I o v I I ? Q W U ? m mZ I p0? ID 0 O I I? Z N I I I WC, J aN V ?? d Io 0 ??,fl1rJ-? ? c c I I I I l 1 IBC QW ?2 Q Um _ia .t ? U O coo I 1 I I ?? Z?' N C I I I !Z •a ? V = = s rJ Z C 1 n 1. i I ! ` N U ? ? I co jO I I T a d ? i ? I'. I ! o I 75 -2 N ? N I ? r N CV Q m "- N CD ? ,6 F I f0 (V (n t6 U) 'O LL O 1 O U m Vy I° ? ?U 3 m I f I Iti a Z O _ N co I c i cc r` m cn e- <- I N I? I? LL, : O N IF- iMs LL1 C A St d d C ?O` V d M n c t.. Q) r L L N t` M C O LL EL (EXHIBIT B _ r _ .? :?; ; ? .?? _- r._., ---t i ?. _?_ r?• ? ? -- ca =, _ ? _,.? ? __ , ???. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which OPTION ONE MTG LOAN TRUST 2003-2 TR is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 28TH day of NOV, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1264, at the suit of OPTION ONE MTG LOAN TRUST 2003-2 TR against STEVEN G FITTING & CINDY R is duly recorded as Instrument Number 200808335. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?2 C day of AAZ;:? , A.D.lZr.._ C i? of Deeds FAA Wells Fargo Bank, NA as Trustee for Option One Mortgage Loan Trust 2003-2, Asset- Backed Certificates, Series 2003-2 VS Steven G. Fitting and Cindy R. Fitting In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1264 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2008 at 0925 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven G. Fitting and Cindy R. Fitting located at 4395 Carlisle Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steven G. Fitting and Cindy R. Fitting by regular mail to their last known address of 4395 Carlisle Road, Gardners, PA 17324. These letters were mailed under the date of February 7, 2008 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 March 05, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2. It being the highest bid and best price received for the same, Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, of 6501 Irvine Center Drive, Irvine, CA 92618, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,141.18. Sheriff s Costs: Docketing $30.00 Poundage 22.38 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Law Journal 401.00 Patriot News 449.09 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,141.18 3??'O$ So Answers- R. Thomas Kline, Sheriff BY h.. v C1, Real Estate rgeant 990.06 e k 4 `zsy4? 10 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee :COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 Plaintiff :MORTGAGE FORECLOSURE V. Steven G. Fitting :NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank NA, as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4385 Carlisle Rd., (Dickinson Twp) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven G. Fitting Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 4385 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS 41 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none •4 f 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank NA, as 6501 Irvine Center Drive Trustee for Option One Irvine, CA 92618-2118 Mtg. Loan Trust-2003-2 Asset-Backed Certificates Series 2003-2 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 4385 Carlisle Road (Dickinson Township) Gardners, PA 17324 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: November 26, 2007 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be Mark J. Udren, ESQ. Atto ney for Plaintiff s UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee :COURT OF COMMON PLEAS for Option One Mortgage Loan :CIVIL DIVISION Trust 2003-2, Asset-Backed :Cumberland County Certificates, Series 2003-2 Plaintiff :MORTGAGE FORECLOSURE V. Steven G. Fitting :NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Steven G. Fitting 4385 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing. Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) L YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. - YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 ` WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank NA, as Trustee ::COURT OF COMMON PLEAS for Option One Mortgage Loan `CIVIL DIVISION Trust 2003-2, Asset-Backed :,Cumberland County Certificates, Series 2003-2 Plaintiff €MORTGAGE FORECLOSURE V. Steven G. Fitting ::NO. 06-1264 CIVIL TERM Cindy R. Fitting Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Cindy R. Fitting 4385 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4385 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor,. Courthouse, Carlisle, PA, to enforce the court judgment of $140,184.24, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 6 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF GROUND, SITUATE ON THE EASTERLY RIGHT OF WAY LINE OF PA 34 (SR 0034), LYING AND BEING IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND NUMBERED AS LOT NO. 18 ON A FINAL PLAN OF LOTS FOR MICHAUX MEADOWS PHASE H RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN SUBDIVISION PLAN BOOK 64 PAGE 42B, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF PA 34 (SR0034) AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID RIGHT OF WAY LINE OF PA34 (SR0034) NORTH THIRTY-ONE (31) DEGREES ONE (01) MINUTE FOURTEEN (14) SECONDS TWO HUNDRED TEN (210) FEET TO A POINT, AT A CORNER OF LOT NO. 19 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 19 SOUTH SIXTY-SIX (66) DEGREES TWO (02) MINUTES ZERO (00) SECONDS EAST TWO HUNDRED TEN AND SEVENTEEN ONE-HUNDREDTHS (210.17) FEET TO A POINT; THENCE EXTENDING ALONG LOT NO. 21 ON SAID PLAN SOUTH TWENTY-FOUR (24) DEGREES THIRTEEN (13) MINUTES FORTY (40) SECONDS WEST TWO HUNDRED (200) FEET TO A POINT, AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 17 NORTH SIXTY-EIGHT (68) DEGREES FOUR (04) MINUTES FIFTY-NINE (59) SECONDS TWO HUNDRED THIRTY-FIVE AND TWENTY ONE-HUNDREDTHS (235.20) FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING.9220 ACRES. BEING KNOWN AS: 4385 CARLISLE ROAD, (DICKINSON TWP) GARDNERS, PA 17324 PROPERTY ID NO.: 08-15-0199-038 TITLE TO SAID PREMISES IS VESTED IN STEVEN G. FITTING AND CINDY R. FITTING, HUSBAND AND WIFE BY DEED FROM OAKWOOD CUSTOM HOMES, INC. DATED 1/20/00 RECORDED 2/11/00 IN DEED BOOK 216 PAGE 109. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1264 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA, as Trustee for OPTION ONE MORTGAGE LOAN TRUST 2003-2, ASSET-BACKED CERTIFICATES, SERIES 2003-2, Plaintiff (s) From STEVEN G. FITTING & CINDY R. FITTING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,184.24 L.L. Interest from 9/07/07 to Date of Sale 3/05/08 Ongoing Per Diem of $31.69 to actual date of sale including if sale is held at a later date -- $17,302.74 Atty's Comm % Due Prothy $2.00 Atty Paid $1,170.74 Plaintiff Paid Date: 11/28/07 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. Other Costs Proth otary By: In,ILL Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale #69 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 4385 Carlisle Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2007 By: Real Estate rgeant The Patriot-News Co. ' 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*ot#&Xtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 Sworn to an scribed before a is 2 ay_ of February, 2008 A.D. c? .d rml? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial =Publfic Sherrie t. Kisne?, City Of Hanesbrirg; ?My Dior, EW,' Member, Pennsyivania Association of Notaries REAL ESTATE SALE NO. 69 Writ No. 26118-'12111r4 C:lr STm m Waft Fargo Mac, NA as tihmfto for Option One Loan Trust 2003-2, lasd Gertltfortes, Series 2003.2 VS S *m G. Fitting and Cindy A. PlItfing Ationwy Marla Udren DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF GROUND, SITUATE ON THE EASTERLY RIGHT OF WAY LIVE OF PA 34 (SR 0034), LYING AND BEING IN THE TOWNSHIP OF DICKINSON, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND NUMBERED AS LOT NO. 1S ON A FINAL PLAN OF LOTS FOR MICHAUX MEADOWS PHASE 11 RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN SUBDIVISION PLAN BOOK 64 PAGE 428, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF PA 34 (SR0034) AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID RIGHT OF WAY LINE OF PA 34 (SR0034) NORTH THIRTY-ONE (31) DEGREES ONE (01) MINUTE FOURTEEN (14) SECONDS TWO HUNDRED TEN (210) FEET TO A POINT, AT A CORNER OF LOT NO. 19 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 19 SOUTH SIXTY-SIX (66) DEGREES TWO (02) MINUTES ZERO (00) SECONDS EAST TWO HUNDRED TEN AND SEVENTEEN ONE-HUNDREDTHS (210.17) FEET TO A POINT; THENCE EXTENDING ALONG LOT NO. 21 ON SAID PLAN SOUTH TWENTY- FOUR (24) DEGREES THIRTEEN (13) MINUTES FORTY (40) SECONDS WEST TWO HUNDRED (200) FEET TO A POINT, AT A CORNER OF LOT NO. 17 ON SAID PLAN; THENCE EXTENDING ALONG THE SAID LOT NO. 17 NORTH SDff--EIGHT (68) DEGREES FOUR (04) MINUTES FIFTY- NINE (59) SECONDS TWO HUNDRED THIRN--FINE AND TWENTY ONE- HUNDREDTHS (235.20) FEET TO THE POINT AND PLACE OF BEGI NVNING. CONTAINING.9220ACRES. M% KNOWN AS: 4385 CARLISLE ROAD, (DICKINSON TWP) GARDNERS, PA 17324 MPERTY ID NO.: 08-15-0199-038 TITLE TO SAID PREMISES IS VESTED IN STEVEN G. FITTING AND CINDY R FITTING, HUSBAND AND WIFE BY DEED FROM OAKWOOD CUSTOM HOMES, INC. DATED Ir23W RECORDED 2/11/00 IN DEED BOOK 216 PAGE 109. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 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. Marie Coyne, SWORD TO AND SUBSCRIBED before me this 8 day of February, 2008 C::a Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Cornmission Expires Apr 28, 2010 REAL ESTATE SALE NO. 69 Writ No. 2006-1264 Civil Wells Fargo Bank, NA as Trustee for Option One Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2 VS. Steven G. Fitting and Cindy R. Fitting Atty.: Mark Udren DESCRIPTION ALL that certain piece, parcel or tract of ground, situate on the easterly right of way line of PA 34 (SR 0034), lying and being in the Township of Dickinson, Cumberland County, Pennsylvania, known and numbered as Lot No. 18 on a Final Plan of Lots for Michaux Meadows Phase II recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Subdivision Plan Book 64 Page 42B, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly right of way line of PA 34 (SR0034) at a comer of Lot No. 17 on said plan; thence extending along the said right of way line of PA 34 (SR0034) North thirty-one (31) de- grees one (01) minute fourteen (14) seconds two hundred ten (210) feet to a point, at a corner of Lot No. 19 on said plan; thence extending along the said Lot No. 19 South sixty-six (66) degrees two (02) minutes zero (00) seconds East two hundred ten and seventeen one-hundredths (210.17) feet to a point; thence extending along Lot No. 21 on said plan South twenty-four (24) degrees thirteen (13) minutes forty (40) seconds West two hundred (200) feet to a point, at a cor- ner of Lot No. 17 on said plan; thence extending along the said Lot No. 17 North sixty-eight (68) degrees four (04) minutes fifty-nine (59) seconds two hundred thirty-five and twenty one-hundredths (235.20) feet to the point and place of beginning. CONTAINING.9220 ACRES. BEING KNOWN AS: 4385 CAR- LISLE ROAD, (DICKINSON TWP), GARDNERS, PA 17324. PROPERTY ID NO.: 08-15-0199- 038. TITLE TO SAID PREMISES IS VESTED IN Steven G. Fitting and Cindy R. Fitting, husband and wife by deed from Oakwood Custom Homes, Inc. dated 1/20/00 recorded 2/11/00 in Deed Book 216 Page 109.