HomeMy WebLinkAbout06-3906UDREN LAVA OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Nark J. Udren, Require
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 2003-6 Asset-Backed
Certificates, Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. O?p - 3 ! OLP
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 0 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
III 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: Suntrust Mortgage Inc.
Assignments of Record to: Option One Mortgage Corporation
Recording Date: 3/22/04 Book: 706 Page: 4310
Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for
Option One Mortgage Loan Trust 2003-6 Asset-Backed Certificates,
Series 2003-6
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: 216 East Main Street
MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mechanicsburg
COUNTY: Cumberland
DATE EXECUTED: 8/4/03
DATE RECORDED: 8/12/03 BOOK: 1829 PAGE: 1302
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
6/24/06:
Principal of debt due
Unpaid Interest at 10.25%*
from 8/1/05
to 6/24/06
(the per diem interest accruing on
this debt is $55.46 and that sum
should
6/24/06be added each day after
Title Report
Court Costs (anticipated, excluding
Sheriff's Sale costs)
Late Charges
(monthlyy late charge of 5107.31
should be added in accordance
with the terms of the note
each month after 6/24/06)
NSF Charges
$197,496.04
17,157.63
325.00
280.00
1,022.33
20.00
Attorneys Fees (anticipated and actual
to 5% of principal) 9.874.80
TOTAL $226,175.80
*This interest rate is subject to adjustment as more fully set
forth in the Note and Mortgage.
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
B. 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 $226,175.80 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. U en, ESQUIRE
UDREN LAW FFICES, P.C.
Attorney for Plaintiff
Attorney I.D. No. 04302
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PIECE OF LAND WITH THE BUILDINGS
THEREON ERECTED, SITUATE ON THE SOUTH SIDE OF EAST MAIN STREET IN
THE BOROUGH OF MECHANICSBURG, SECOND WARD, COUNTY OF
CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE CURB LINE OF THE SOUTH SIDE OF EAST
MAIN STREET AT THE NORTHEAST CORNER OF LANDS FORMERLY OF
FRANCES EBERLY, NOW OF ROBERT H. TRIMBLE AND CORA TRIMBLE, HIS
WIFE; THENCE ALONG SAID CURB LINE NORTH 71 DEGREES 00 MINUTES
EAST 44.00 FEET TO AN IRON PIN AT THE NORTHWEST CORNER OF OTHER
LANDS OF THE GRANTEES HEREIN; THENCE ALONG LANDS FORMERLY OF
EVA B. DIXON, NOW OF THE GRANTEES HEREIN, SOUTH 19 DEGREES 00
MINUTES EAST 168.00 FEET TO AN IRON PIN AT STOUFFER ALLEY; THENCE
ALONG SAID STOUFFER ALLEY, SOUTH 71 DEGREES 00 MINUTES WEST 44.00
FEET TO A SPIKE; THENCE ALONG LANDS FORMERLY OF FRANCES EBERLY,
NOW OF ROBERT H. TRIMBLE AND CORA TRIMBLE, HIS WIFE, NORTH 19
DEGREES 00 MINUTES WEST 168.00 FEET TO A POINT ON THE CURB LINE ON
THE SOUTH SIDE OF EAST MAIN STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED A TWO-STORY DWELLING HOUSE KNOWN AS
NO. 218 EAST MAIN STREET, MECHANICSBURG, PENNSYLVANIA.
THE AFORESAID DESCRIPTION IS MADE IN ACCORDANCE WITH SURVEY
MADE BY CHARLES W. JUNKINS, REGISTERED SURVEYOR, AND DATED MAY
12,1978.
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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.
UDREN LAW OFFICES, P.C.
I
??
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a? ?
-,
ri
,.
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 2003-6
Asset-Backed Certificates,
Series 2003-6
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-3906 Civil
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification for the
Verification attached to the Complaint in Mortgage Foreclosure with
regard to the captioned matter.
UDREN LAW OFFICES, P.C.
DATED: August 15, 2006 it
Mark J.-Udren, Esquire
Attorney for Plaintiff
V E R I F I C A T I O N
The undersigned, an officer of the Corporation which is the
Plaintiff in the foregoing Complaint or an officer of the
Corporation which is the servicing agent of Plaintiff, and being
authorized to make this verification on behalf of the Plaintiff,
hereby verifies that the facts set forth in the foregoing Complaint
are taken from records maintained by persons supervised by the
undersigned who maintain the business records of the mortgage held
by Plaintiff in the ordinary course of business and that those
facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: Justin B. Gourley
Kristine N. Gourley
Loan #0011485067
MJU #06060556
Name : J ene Ura?y
Title: sistant ecretary
Company: Option One Mortgage
Corporation, Attorney-In-Fact
r.
1
C o d
t
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iar r.
r
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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 08003-3620
Wells Fargo Bank, N.A., as
Trustee for Option One
Mortgage Loan Trust 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
NO. 06-3906 Civil
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) Justin B. Gourley and Kristine N. Gourley for failure to
file an Answer to Plaintiff's Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiff's damages as follows:
As set forth in Complaint $226,175.80
Interest Per Complaint 2,883.92
From 6/25/06 to 8/15/06
Late charges per Complaint 214.62
From 6/25/06 to 8/15/06
TOTAL
I hereby certify that (1) the addresses of I the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of which is atta ed hereto.
OFFICES,
DAMAGES ARE HEREBY ASSESSED AS
DATE: Q" I S. aoo(j
;y v .,. a, vYvia?u
torney for Plaintiff
NDICATED
PRO PR H
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
com
Wells Fargo Bank, N.A., as
Trustee for Option One Mortgage
Loan Trust 2003-6 Asset-Backed
Certificates, Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
ATTORNEY FOR PLAINTIFF
i
COURT OF COMMON PLEAS -
CIVIL DIVISION
Cumberland County
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
NO.'
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 6ET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRI G 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 REFERR SERVICE
Cumberland County B r Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-jl66
800-990-4108
F 'c rr
SHERIFF'S RETURN - REGULAR
CT.SE Q0: 2006-03906 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
GOURLEY JUSTIN B ET AL
TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GOURLEY JUSTIN B
the
DEFENDANT , at 1330:00 HOURS, on the 12th day of July , 2006
at 218 EAST MAIN STREET
MECHANICSBURG, PA 17055 by handing to
KRISTINE N GOURLEY, WIFE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00 /
Service 8.80
Affidavit .00 •33''??
Surcharge 10.00 R. Thomas Kline
.00
36.80 07/13/2006
UDREN LAW OFFICE /J
Sworn and Subscibed to By:
before me this day Depu y Sheriff
of A.D.
i qI IF:?f-A?'
SHERIFF'S RETURN - REGULAR
,CASE NO: 2006-03906 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
GOURLEY JUSTIN B ET
TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GOURLEY KRISTINE N the
DEFENDANT , at 1330:00 HOURS, on the 12th day of July 2006
at 218 EAST MAIN STREET
MECHANICSBURG, PA 17055 by handing to
KRISTINE GOURLEY
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 6.00
.00 yy /
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 07/13/2006
UDREN LAW OFFICE
Sworn and Subscibed to By: -""
before me this day Depu ty Sherif
of A.D.
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY BILL, NJ 08003
ATTORNEY FOR PLAINTIFF
Wells Fargo Bank, N.A., as Trustee for
Option One Mortgage Loan Trust 2003-6
Asset-Backed Certificates, Series 2003-6
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-3906 Civil
TO: Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
DATE of Notice: August 4, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHAUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE-OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166'
800-990-91081,
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION
REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO
DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACIOR, EL TRIBUNAL PODRA,
SIN NECESIDAD DE COMPARARECER USTED EN COUTE 0 ESCUCHAR PREUBA ALGUNA,
DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS
DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO
IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, q SI NO TIENE DINERO SUFICIENTE
PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA,
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO'PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASSISTENCIA LEGAL.
SERVICIO DE REFERENCTA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE: PURSUANT TO THE FAIR DEB COLLECTION PRACTICES ACT, THIS LAW FIRM
IS DEEMED TO BE A DEBT COLLECT IS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED II LD FOR THAT PURPOSE.
ar r squire
Woodcrest Corporate. Center
111 Woodcrest Road, Suite 200
Cherry Hill, New Jersey 08003-3620
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
ATTORNEY FOR PLAINTIFF
Wells Fargo Bank, N.A., as Trustee for
Option One Mortgage Loan Trust 2003-6
Asset-Backed Certificates, Series 2003-6
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
Defendant(s)
TO: Justin B. Gourley
218 East Main Street
Mechanicsburg, PA 170SS
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-3906 Civil
DATE of Notice: August 4, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.Y U SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION
REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO
DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA,
SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA,
DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERI5ER BIENES Y OTROS
DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO
IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE
PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA,
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASSISTENCIA LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE: PURSUANT TO THE FAIR DEBT COLL TION PRACTICES ACT, THIS LAW FIRM
IS DEEMED TO BE A DEBT COLLE AND IS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINEDL BE SEDFOR THAT PURPOSE.
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, New Jersey 08003-3620
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
Wells Fargo Bank, N.A., as
Trustee for Option One
Mortgage Loan Trust 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 06-3906 Civil
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF /4tJ
COUNTY OFk oTq SS
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein and that the above Defendant(s) are not in the
Military or Naval Service of the United 'States of America or its
Allies as defined in the Soldiers and Sailors Civil Relief Act of
1940, as amended, and that the age and last known residence and
employment of each Defendant are as follows:
Defendant:
Age:
Residence:
Employment:
Defendant:
Age;
Residence:
Employment:
to and st
me this
Tv 1v
Justin B; Gourley
Over 18
As captioned above
Unknown
Kristine N. Gourley
Over 18
As captioned above
Unknown
2
Yant Sdcretary
on One Mortgage
Attorney-In-Fact
AML CARMELA D. lAOARp E
HOWiY COMMM?w?fSOTR
EXMRE6 JAN. 31.2 a 0 a
C` 5,c?
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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 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 06-3906 Civil
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Please issue Writ of Execution in the above matter:
Amount due
$229,274.34
Interest From August 16, 2006 6,266.98
to Date of Sale December 6, 2006
Ongoing Per Diem of 55.46
to actual date of sale including if sale is
held at a later date
(Costs to be added)
LAW OFFICES, P
•, vYvaa?u
FOR PLAINTIFF
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-rn
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3906 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 2003-6 ASSET-BACKED CERTIFICATES, SERIES
2003-6, Plaintiff (s)
From JUSTIN B. GOURLEY AND KRISTINE N. GOURLEY
(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 $229,274.34
L.L. $.50
Interest FROM 8/16/06 TO DATE OF SALE 12/6/06 ONGOING PER DIEM OF $55.46 TO
ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $6,266.98
Arty's Comm '%
Any Paid $134.80
Plaintiff Paid
Date: AUGUST 15, 2006
(Seal)
Due Prothy $1.00
Other Costs
C TIS LONG
Prothonotary
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.
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 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 06-3906 Civil
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 penal es of 18
Pa. C.S. Sec. 4904 relating to unsworn falsification o
authorities.
1JDREN 7AAW OF ACES, P.C
J. Udren, ESQUIRE
NEY FOR PLAINTIFF
? p
C
? r
_
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 08003-3620
856-669-5400
Wells Fargo Bank, N.A., as
Trustee for option one
Mortgage Loan Trust 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
v
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 06-3906 Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan
Trust 2003-6 Asset-Backed Certificates, Series 2003-6, 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: 218 East Main Street Mechanicsburg, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Justin B. Gourley 218 East Main Street
Mechanicsburg, PA 17055
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
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
Foxcroft Homeowners c/o PMI, P.O. Box 622
Association Lemoyne, PA 17043
4. Name and address of the last recorded holder of every mortgage
of record:
Name Address
Plaintiff herein.
Principal Residential
Mortgage Inc.
See Caption above.
711 High Street
Des Moines, IA 50392
C/O Frank Federman
One Penn Center at Suburban Station
1617 JFK Blvd., Suite 1400
Philadelphia, PA 19103-1814
5. Name and address of every other person who has any record lien
on the property:
Name Address
None
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by
the sale:
Name Address
Real Estate Tax Dept
1 Courthouse Sq., Carlisle, PA
17013
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
13 N. Hanover St., Carlisle, PA
17013
Bureau of Compliance, PO Box 281230
Harrisburg, PA 17128-1230
7. Name and address of every other person of whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
Name Address
Tenants/Occupants 218 East Main Street
Mechanicsburg, PA 17055
.? I verify that the statements made in this affidavit are true and
correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities. I
UDREN LAW OFFICES, P.C
DATED: August 15, 2006
rk J. Boren, ESQ.
torney for Plaintiff
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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 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 06-3906 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Justin B. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Your house (real estate) at 218 East Main Street Mechanicsburg,
PA 17055 is scheduled to be sold at the Sheriff's Sale on
December 6, 2006, at 10:00am in the Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA, to enforce the court
judgment of $229,274.34, obtained by Plaintiff above (the
mortgagee) against you. If the sale is postponed, the property
will be relisted for the Next Available Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payment,
late charges, costs and reasonable attorney's fees. To find out how
much you must pay, you may call: (856) 669-5400.
2. You may be able to stop the sale by filing a petition asking the Court
to strike or open the judgment, if the judgment was improperly entered.
You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact
one, the more chance you will have of stopping the sale. (See notice on
page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold
to the highest bidder. You may find out the price bid by calling 856-669-
5400.
2. You may be able to petition the Court to set aside the sale if the
bid price was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the
full amount due in the sale. To find out if this has happened, you may call
856-669-5400.
4. If the amount due from the Buyer is not paid to the Sheriff, you
will remain the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount
due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that
time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your house will
be filed by the Sheriff within 30 days after the sale. This schedule will
state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after
Schedule of Distribution is filed.
7. You may also have other rights and defenses, or ways of getting
your home back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
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l 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 2003-6
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 06-3906 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Your house (real estate) at 218 East Main Street Mechanicsburg,
PA 17055 is scheduled to be sold at the Sheriff's Sale on
December 6, 2006, at 10:00am in the Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA, to enforce the court
judgment of $229,274.34, 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.)
1 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
"kIGHTS 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
rou
73
m
Q
SHERIFF'S RETURN - REGULAR
I CASE NO: 2006-03906 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
GOURLEY JUSTIN B ET AL
TIMOTHY REITZ
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
GOURLEY JUSTIN B the
DEFENDANT , at 1330:00 HOURS, on the 12th day of July , 2006
at 218 EAST MAIN STREET
MECHANICSBURG, PA 17055
KRISTINE N GOURLEY, WIFE
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 8.80
Affidavit .00 .11 ?14e?
Surcharge 10.00 R. Thomas Kline
.00
36.80,/ 07/13/2006
UDREN LAW OFFICE ^
Sworn and Subscibed to By:
before me this day Depu y Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
I LASE NO: 2006-03906 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
GOURLEY JUSTIN B ET AL
TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GOURLEY KRISTINE N the
DEFENDANT , at 1330:00 HOURS, on the 12th day of July , 2006
at 218 EAST MAIN STREET
MECHANICSBURG, PA 17055
KRISTINE GOURLEY
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit 00
Surcharge 10.00 R. Thomas Kline
.00
16.00,/ 07/13/2006
UDREN LAW OFFICE
Sworn and Subscibed to By:
before me this day Dep ty Sherif
of A.D.
t
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 2003-6 :Cumberland County
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
::NO. 06-3906 Civil
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 1' it?set forth by Pa Rule C.P.
3129.
C.S. Sec
tion 4904
This Affidavit is made subject to the pena t es o VCE
relating to unsworn falsification to autho i ie .
Dated: December 1, 2006 UDR LA OP.C.
BY:
Mar J. U ren, 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 2003-6 :Cumberland County
Asset-Backed Certificates,
Series 2003-6
1270 Northland Drive ENO. 06-3906 Civil
Suite 200
Mendota Heights, MN 55120
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Defendant(s)
DATE: September 8, 2006
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S): JUSTIN B. GOURLEY AND KRISTINE N. GOURLEY
PROPERTY: 218 East Main Street, Mechanicsburg, PA 17055
Improvements: RESIDENTIAL DWELLING
The above captioned property is scheduled to be sold at the
Cumberland County Sheriff's Sale on December 6, 2006, at 10:00am,
in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE,
PA. Our records indicate that you may hold a mortgage or judgment
on the property which will be extinguished by the sale. You may
wish to attend the sale to protect your interests.
A Schedule of Distribution will be filed by the Sheriff on a date
specified by the Sheriff not later that 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the
schedule.
EXHIBIT A
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EXHIBIT A
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Wells Fargo Bank N.A. as Trustee for Option One In the Court of Common Pleas of
Mortgage Loan Trust 2003-6 Asset-Backed Cumberland County, Pennsylvania
Certificates, Series 2003-6 Writ No. 2006-3906 Civil Term
VS
Justin B. Gourley and Kristine N. Gourley
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 14, 2006 at 1620 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: Justin B.
Gourley and Kristine N. Gourley, by making known unto Justin Gourley personally and adult in
charge for Kristine N. Gourley, at 218 East Main Street, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct
copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 11, 2006 at 0851 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 Justin B. Gourley and Kristine N.
Gourley located at 218 East Main Street, Mechanicsburg, 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: Justin B.
Gourley and Kristine N. Gourley, by regular mail to their last known address of 218 East Main
Street, Mechanicsburg, PA 17055. These letters were mailed under the date of October 05, 2006
and never returned to the Sheriffs Office.
So Answe
I 4_?
R. Thomas Kline, Sheriff
BY
Real Estate' ergeant
EXHIBIT B
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 :COURT OF COMMON PLEAS
Trustee for Option One Mtg. :CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed :Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley :NO. 06-3906 CIVIL
Kristine N. Gourley
Defendant(s)
PRAECIPE TO ISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount due
$229,274.34
Interest From 8/16/06 21,407.56
to Date of Sale 9/5/07
Ongoing Per Diem of 55.46
to actual date of sale including if sale is
held at a later date
(Costs to be added) $
UDREN LAW OFFICES, P.C.
MaIr Udren, QUIRE
AT Y FOR PLAINTIFF
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3906 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 MTG. LOAN TRUST 2003-6 ASSET-BACKED CERTIFICATES, SERIES 2003-6,
Plaintiff (s)
From JUSTIN B. GOURLEY AND KRISTINE N. GOURLEY
(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 $229,274.34
L.L.
Interest FROM 8/16/06 TO DATE OF SALE 9/5/07 - $21,407.56 - ONGOING PER DIEM OF $55.46
TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE
Atty's Comm %
Atty Paid $1,063.92
Plaintiff Paid
Date: MAY 9, 2007
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
Deputy
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
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
JUSTIN B. GOURLEY
Chapter 13
Case No.: 1-06-bk-02801
Debtor(s)
ORDER DISMISSING CASE
Upon Court's Motion To Dismiss For Failure to Appear at the meeting of
creditors required under Section 341 of the Bankruptcy Code, 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.
Date: April 5, 2007 By the Court,
,
. (5" RAW N. d, IL Bnbvpky Judge ?
This document is electronically signed and riled on the same date.
MDPA-DISMISS34IMPT REV 09/00
-77
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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 :COURT OF COMMON PLEAS
Trustee for Option One Mtg. :CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed =Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley :NO. 06-3906 CIVIL
Kristine N. Gourley
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.
a J. Udren, ESQUIRE
TTORNEY FOR PLAINTIFF
77
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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 :COURT OF COMMON PLEAS
Trustee for Option One Mtg. =CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed :Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley ::NO. 06-3906 CIVIL
Kristine N. Gourley
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Bank NA, as Trustee for Option One Mtg. Loan Trust
2003-6 Asset-Backed Certificates, Series 2003-6, 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:
218 East Main Street, Mechanicsburg, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
218 East Main Street
Mechanicsburg, PA 17055
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
Foxcroft Homeowners P.O. Box 622, Lemoyne, PA 17043
Association c/o PMI
A 'V
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 2003-6
Asset-Backed Certificates 3 ADA, Irvine, CA 92618
Series 2003-6
Principal Residential
Mortgage, Inc.
c/o Frank Federman, Esquire, 1 Penn
Center at Suburban Station, 1617
JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
5. Name and address of
on the property:
Name
none
every other person who has any record lien
711 High Street
Des Moines, IA 50392-0780
Address
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by
the sale:
Name Address
Real Estate Tax 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
218 East Main Street
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and
correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities. i
UDREN LAW OFFICES,/ P.C.
DATED: May 7, 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
Address
Mar'k-'J. Udreri, ESQ.
Attorney for Plaintiff
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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 ::COURT OF COMMON PLEAS
Trustee for Option One Mtg. :CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed :Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley ::NO. 06-3906 CIVIL
Kristine N. Gourley
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Justin B. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Your house (real estate) at 218 East Main Street, Mechanicsburg,
PA 17055 is scheduled to be sold at the Sheriff's Sale on
September 5, 2007, at 10:00 am in the Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA, to enforce the court
judgment of $229,274.34, 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.)
e
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
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• 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 :COURT OF COMMON PLEAS
Trustee for Option One Mtg. :CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed :Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley :NO. 06-3906 CIVIL
Kristine N. Gourley
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Your house (real estate) at 218 East Main Street, Mechanicsburg,
PA 17055 is scheduled to be sold at the Sheriff's Sale on
September 5, 2007, at 10:00 am in the Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA, to enforce the court
judgment of $229,274.34, 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.)
a
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
Wells Fargo Bank N.A. as Trustee for Option One In the Court of Common Pleas of
Mortgage Loan Trust 2003-6 Asset-Backed Cumberland County, Pennsylvania
Certificates, Series 2003-6 Writ No. 2006-3906 Civil Term
VS
Justin B. Gourley and Kristine N. Gourley
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 14, 2006 at 1620 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: Justin B.
Gourley and Kristine N. Gourley, by making known unto Justin Gourley personally and adult in
charge for Kristine N. Gourley, at 218 East Main Street, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct
copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 11, 2006 at 0851 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 Justin B. Gourley and Kristine N.
Gourley located at 218 East Main Street, Mechanicsburg, 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: Justin B.
Gourley and Kristine N. Gourley, by regular mail to their last known address of 218 East Main
Street, Mechanicsburg, PA 17055. These letters were mailed under the date of October 05, 2006
and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned
STAYED per letter of instruction from Attorney Mark J. Udren.
Sheriffs Costs:
Docketing 30.00
Poundage 17.80
Posting Handbills 15.00
Advertising 15.00
Law Library .50
Prothonotary 1.00
Certified Mail 2.72
Mileage 17.60
Levy 15.00
Surcharge 30.00
55 66?
Law Journal 395.00
Patriot News 332.06
Share of Bills 15.94
Postpone Sale 20.00
62
$907
.
,=s:
R. Thomas Kline, Sheriff
BYVQ clk
Real Estat "ergeant
WRIT OF EXECUTION and/or ATTACHMENT
r
COMMONWEALTH OF PENNSYLVANIA) NO 06-3906 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 2003-6 ASSET-BACKED CERTIFICATES, SERIES
2003-6, Plaintiff (s)
From JUSTIN B. GOURLEY AND KRISTINE N. GOURLEY
(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 $229,274.34
L.L. $.50
Interest FROM 8/16/06 TO DATE OF SALE 12/6/06 ONGOING PER DIEM OF $55.46 TO
ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $6,266.98
Atty's Comm %
Atty Paid $134.80
Plaintiff Paid
Date: AUGUST 15, 2006
(Seal)
Due Prothy $1.00
Other Costs
URTIS ONG
Prothonotary
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 # 31
On September 7, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Borough of Mechanicsburg, Cumberland County, PA
Known and numbered as 218 East Main Street,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: September 7, 2006
By:
Real Estate Sergeant
_ E 0 .E d 8 19(l? 9001
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:
October 20, October 27 and November 3, 2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne, 4ditor
WORN 10 AND SUBSCRIBED before me this
3 day of November, 2006
NOTARA SEAL v
LOTS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2809
REAL ESTATE SALE NO. 31
Writ No. 2006-3906 Civil
Wells Fargo Bank, N.A., as
Trustee For Option One Mortgage
Loan Trust 2003-6 Asset-Backed
Certificates, Series 2003-6
vs.
Justin B. Gourley,
Kristine N. Gourley
Atty.: Mark J. Udren
ALL THAT CERTAIN tract or
piece of land with the buildings
thereon erected, situate on the
south side of East Main Street in
the Borough of Mechanicsburg, Sec-
ond Ward, County of Cumberland
and State of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING at a point on the
curb line of the south side of East
Main Street at the northeast comer
of lands formerly of Frances Eberly,
now of Robert H. Trimble and Cora
Trimble, his wife; THENCE along
said curb line North 71 degrees 00
minutes East 44.00 feet to an iron
pin at the northwest corner of other
lands of the grantees herein;
THENCE along lands formerly of
Eva B. Dixon, now of the grantees
herein, South 19 degrees 00 min-
utes East 168.00 feet to an iron pin
at Stouffer Alley; THENCE along said
Stouffer Alley, South 71 degrees 00
minutes West 44.00 feet to a spike:
THENCE along lands formerly of
Frances Eberly, now of Robert H.
Trimble and Cora Trimble, his wife,
North 19 degrees 00 minutes West
168.00 feet to a point on the curb
line on the south side of East Main
Street, the point and place of be-
ginning.
HAVING thereon erected a two-
story dwelling house known as No.
218 East Main Street, Mechanics-
burg, Pennsylvania.
THE AFORESAID DESCRIPTION
is made in accordance with survey
made by Charles W. Junkins, Reg-
istered Surveyor, and dated May
12, 1978.
BEING KNOWN AS: 218 East
Main Street, Mechanicsburg, PA
17055.
PROPERTY ID NO.: 17-23-0565-
099.
TITLE TO SAID PREMISES IS
VESTED IN Justin B. Gourley and
Kristine N. Gourley, husband and
wife by Deed from Simon Rogers,
married man dated 8/4/03 re-
corded 8/12/03 in Deed Book 258
Page 3260.
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 25th day(s) of October and the 1st and
8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION .................... .. ................N....?....,,.,,.........2?..pppp...........
COPY Sworn to an s se ' ed befor COM ONWEALTHy$F PENf?SYLVANIR6 A.D.
SALE #31 Notarial Seal
Terry L. Russell, Notary Public
City of Harrisburg, Dauphin County
My Colnmiss'ion Expireoune 6,
NOTAKY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
,_,.
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren
ATTY I.D. NO. 04302
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 Mtg.
Loan Trust 2003-6 Asset-Backed
Certificates, Series 2003-6
6501 Irvine Center Drive
Irvine, CA 92618-2118
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
De f endant (s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-3906 CIVIL
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 Sopvice,
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 t ti s of,/?8
relating to unsworn falsification to authorit es / ?
Dated: August 30, 2007
BF:
O
.S. Section 4904
P. C.
Attorney for P
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 NA, as Trustee for
Option One Mtg. Loan Trust 2003-6
Asset-Backed Certificates, Series 2003-6
Plaintiff
V.
Justin B. Gourley
Kristine N. Gourley
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 06-3906 CIVIL
TO: ALL PARTIES IN,INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S): Justin B. Gourley and Kristine N. Gourley
PROPERTY: 218 East Main Street, Mechanicsburg, PA 17055
Improvements: RESIDENTIAL DWELLING
The above captioned property is scheduled to be sold at the Cumberland County
Sheriffs Sale on -9@j&mber 5. 2007, at 10:00 am, at 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 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.
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Wells Fargo Bank NA, as Trustee for Option In the Court of Common Pleas of
One Mtg. Loan Trust 2003-6 Asset-Backed Cumberland County, Pennsylvania
Certificates, Series 2003-6 Writ No. 2006-3906 Civil Term
VS
Justin B. Gourley and Kristine N. Gourley
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on June 18, 2007 at 1535 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendants,
to wit: Justin B. Gourley and Kristine N. Gourley, by making known unto Justin B.
Gourley personally and husband to Kristine N. Gourley, at 218 East Main Street,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time
handing to him personally the said true and correct copy of the same.
Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law,
states that on July 6, 2007 at 1424 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
Justin B. Gourley and Kristine N. Gourley located at 218 East Main Street,
Mechanicsburg, 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: Justin B. Gourley and Kristine N. Gourley, by regular mail to their
last known address of 218 East Main Street, Mechanicsburg, PA 17055. These letters
were mailed under the date of July 2, 2007 and never returned to the Sheriffs Office.
So Answers:
R. Thomas Kline. Sheriff
BY JA I'L.
Real Estate rgeant
EXHIBITS
#?? s?
:.
?? -.s
? -t3 ;. ?
?? ? ?.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Wells Fargo Bank N A Tr is the grantee the same having been sold to said
grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 9th day
of May, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number
3906, at the suit of Wells Fargo bank N A Tr against Justin B Gourley & Kristine N is duly recorded as
Instrument Number 200737255.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this J, (o day of
'f' , A.D. ;-0 0
Recorder f Deeds
Row & of D"dc Cumbsdmd County, C&1W PA
fly Con*iwion E*=1% FW Monday of JW.2010
Wells Fargo Bank NA, as Trustee for Option In the Court of Common Pleas of
One Mtg. Loan Trust 2003-6 Asset-Backed Cumberland County, Pennsylvania
Certificates, Series 2003-6 Writ No. 2006-3906 Civil Term
VS
Justin B. Gourley and Kristine N. Gourley
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on June 18, 2007 at 15 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendants,
to wit: Justin B. Gourley and Kristine N. Gourley, by making known unto Justin B.
Gourley personally and husband to Kristine N. Gourley, at 218 East Main Street,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time
handing to him personally the said true and correct copy of the same.
Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law,
states that on July 6, 2007 at 1424 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
Justin B. Gourley and Kristine N. Gourley located at 218 East Main Street,
Mechanicsburg, 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: Justin B. Gourley and Kristine N. Gourley, by regular mail to their
last known address of 218 East Main Street, Mechanicsburg, PA 17055. These letters
were mailed under the date of July 2, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Mark Udren on behalf of Wells Fargo Bank, N.A., as
Trustee for Option One Mortgage Loan Trust 2003-6 Asset-Backed Certificates, Series
2003-6. 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 2003-6 Asset-Backed Certificates,
Series 2003-6 of 6501 Irvine Center Drive, Irvine CA 92618, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $1,094.21.
Sheriffs Costs:
Docketing $30.00
Poundage 21.46
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Prothonotary 2.00
Mileage 19.20
Levy 15.00
Surcharge 30.00
Law Journal 389.00
Patriot News 419.36
Share of Bills 15.69
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$1,094.21
So Answers:
R. Thomas Kline, Sheriff
BY
Real Estate ergeant
? 9- JO/Of/0-7
y
Ot 6 d S/ lr
?99? ??
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 :COURT OF COMMON PLEAS
Trustee for Option One Mtg. :CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed ;Cumberland County
Certificates, Series 2003-6
Plaintiff '=.MORTGAGE FORECLOSURE
V.
Justin B. Gourley :NO. 06-3906 CIVIL
Kristine N. Gourley
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Bank NA, as Trustee for Option One Mtg. Loan Trust
2003-6 Asset-Backed Certificates, Series 2003-6, 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:
218 East Main Street, Mechanicsburg, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Justin B. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
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
Foxcroft Homeowners P.O. Box 622, Lemoyne, PA 17043
Association c/o PMI
4. Name and address of the last recorded holder of every mortgage
of record:
Name Address
Wells Fargo Bank NA, as
Trustee for Option One
Mtg. Loan Trust 2003-6
Asset-Backed Certificates
Series 2003-6
6501 Irvine Center Drive
Irvine, CA 92618-2118
3 ADA, Irvine, CA 92618
Principal Residential
Mortgage, Inc.
711 High Street
Des Moines, IA 50392-0780
c/o Frank Federman, Esquire, 1 Penn
Center at Suburban Station, 1617
JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
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
1 Courthouse Square
Carlisle, PA 17013
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
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
218 East Main Street
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and
correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities. /
UDREN LAW OFFICES,/ P.C.
DATED: May 7, 2007
Mar)e-'J. Udreri, ESQ.
Attorney for Plaintiff
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 `:COURT OF COMMON PLEAS
Trustee for Option One Mtg. =CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed :Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley :NO. 06-3906 CIVIL
Kristine N. Gourley
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Justin B. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Your house (real estate) at 218 East Main Street, Mechanicsburg,
PA 17055 is scheduled to be sold at the Sheriff's Sale on
September 5, 2007, at 10:00 am in the Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA, to enforce the court
judgment of $229,274.34, obtained by Plaintiff above (the
mortgagee) against you. If the sale is postponed, the property
will be relisted for the Next Available Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payment,
late charges, costs and reasonable attorney's fees. To find out how
much you must pay, you may call: (856) 669-5400.
2. You may be able to stop the sale by filing a petition asking the Court
to strike or open the judgment, if the judgment was improperly entered.
You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact
one, the more chance you will have of stopping the sale. (See notice on
page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold
to the highest bidder. You may find out the price bid by calling 856-669-
5400.
2. You may be able to petition the Court to set aside the sale if the
bid price was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the
full amount due in the sale. To find out if this has happened, you may call
856-669-5400.
4. If the amount due from the Buyer is not paid to the Sheriff, you
will remain the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount
due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that
time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your house will
be filed by the Sheriff within 30 days after the sale. This schedule will
state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after
Schedule of Distribution is filed.
7. You may also have other rights and defenses, or ways of getting
your home back, if you act immediately after the sale.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
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
pleadings@udren.com
Wells Fargo Bank NA, as :COURT OF COMMON PLEAS
Trustee for Option One Mtg. :CIVIL DIVISION
Loan Trust 2003-6 Asset-Backed :Cumberland County
Certificates, Series 2003-6
Plaintiff :MORTGAGE FORECLOSURE
V.
Justin B. Gourley =NO. 06-3906 CIVIL
.Kristine N. Gourley
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Kristine N. Gourley
218 East Main Street
Mechanicsburg, PA 17055
Your house (real estate) at 218 East Main Street, Mechanicsburg,
PA 17055 is scheduled to be sold at the Sheriff's Sale on
September 5, 2007, at 10:00 am in the Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA, to enforce the court
judgment of $229,274.34, 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.)
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 TRACT OR PIECE OF LAND WITH THE BUILDINGS
THEREON ERECTED, SITUATE ON THE SOUTH SIDE OF EAST MAIN STREET IN
THE BOROUGH OF MECHANICSBURG, SECOND WARD, COUNTY OF
CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE CURB LINE OF THE SOUTH SIDE OF EAST
MAIN STREET AT THE NORTHEAST CORNER OF LANDS FORMERLY OF
FRANCES EBERLY, NOW OF ROBERT H. TRIlVBLE AND CORA TRIMBLE, HIS
WIFE; THENCE ALONG SAID CURB LINE NORTH 71 DEGREES 00 MINUTES
EAST 44.00 FEET TO AN IRON PIN AT THE NORTHWEST CORNER OF OTHER
LANDS OF THE GRANTEES, HEREIN; THENCE ALONG LANDS FORMERLY OF
EVA B. DIXON, NOW OF THE GRANTEES HEREIN, SOUTH 19 DEGREES 00
MINUTES EAST 168.00 FEET TO AN IRON PIN AT STOUFFER ALLEY; THENCE
ALONG SAID ,STOUFFER ALLEY, SOUTH 71 DEGREES -00 NIINUTES WEST 44.00
FEET TO A SPIKE; THENCE ALONG LANDS FORMERLY OF FRANCES EBERLY,
NOW OF ROBERT H. TRIMLE AND CORA TRIMBLE, HIS WIFE, NORTH 19
DEGREES 00 MINUTES WEST 168.00 FEET TO A POINT ON THE CURB LINE ON
THE SOUTH SIDE OF EAST MAIN STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED A TWO-STORY DWELLING HOUSE KNOWN AS
NO. 218 EAST MAIN STREET, MECHANICSBURG, PENNSYLVANIA.
THE AFORESAID DESCRIPTION IS MADE IN ACCORDANCE WITH SURVEY
MADE BY CHARLES W. JUNKINS, REGISTERED SURVEYOR, AND DATED MAY
129 i978.
BEING KNOWN AS: 218 EAST MAIN STREET, MECHANICSBURG, PA 17055
PROPERTY ID NO.: 17-23-0565-099
TITLE TO SAID PREMISES IS VESTED IN JUSTIN B. GOURLEY AND KRISTINE
N. GOURLEY, HUSBAND AND WIFE BY DEED FROM SIMON ROGERS, MARRIED MAN
DATED 8/4/03 RECORDED 8/12/03 IN DEED BOOK 258 PAGE 3260.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-3906 Civil
COUNTY OF CUMBERLAND) 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 MTG. LOAN TRUST 2003-6 ASSET-BACKED CERTIFICATES, SERIES 2003-6,
Plaintiff (s)
From JUSTIN B. GOURLEY AND KRISTINE N. GOURLEY
(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 $229,274.34 L.L.
Interest FROM 8/16/06 TO DATE OF SALE 9/5/07 - $21,407.56 - ONGOING PER DIEM OF $55.46
TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE
Atty's Comm %
Due Prothy $2.00
Atty Paid $1,063.92 Other Costs
Plaintiff Paid
Date: MAY 9, 2007
(Seal) 1? C (s R. Long, not
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 # 42
On June 5, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Mechanicsburg Borough, Cumberland County, PA
Known and numbered as 218 East Main Street,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: June 5, 2007 By.
Real Es to Sergeant
?' ?? C j G ( ,i't''r «'i'Z
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st
day(s) of August 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
SALE #42
5 . . ......... ........... &--? . . . ... ......
Sworn to and subscribeddM*" Al §& j41 AukVA07 A.D.
Notarial Seal
Terry L. Russell, Notary Public
City Of Harrisburg, Dauphin County
toy Commission Expires June 6, 2010
Me ber, P n sylvanla .Association nt Notarae:
r
r
N AR PUB IC
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
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:
July 20, July 27, and August 3, 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.
r
Coyne,
SWOIN-TO AND SUBSCRIBED before me this
3 day of August, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary PubNc
CARLISLE BORO, CUMBERLAND COUNIy
My Comm" M EzpUMAp, 2010
28
URAL 1W'TATZ G&LB NO. 42
Writ No. 2006-3906 Civil
Wells Fargo Bank NA, as Trustee
for Option One Mtg. Loan Trust
2003-6 Asset-Backed Certificates,
Series 2003-6
vs.
Justin B. Gourley and
Kristine N. Gourley
Atty.: Mark Udren
DESCRIPTION
ALL THAT CERTAIN tract or piece
of land with the buildings thereon
erected, situate on the south side
of East Main Street in the Borough
of Mechanicsburg, Second Ward,
County of Cumberland and State
of Pennsylvania, bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
curb line of the south side of East
Main Street at the northeast comer
of lands formerly of Frances Eberly,
now of Robert H. Trimble and Cora
Trimble, his wife; thence along said
curb line North 71 degrees 00 min-
utes East 44.00 feet to an iron pin at
the northwest corner of other lands
of the grantees herein; thence along
lands formerly of Eva B. Dixon, now
of the grantees herein, South 19
degrees 00 minutes East 168.00
feet to an iron pin at Stouffer Alley;
thence along said Stouffer Alley,
South 71 degrees 00 minutes West
44.00 feet to a spike; thence along
lands formerly of Frances Eberly,
now of Robert H. Trimble and Cora
Trimble, his wife, North 19 degrees 00
minutes West 168.00 feet to a point
on the curb line on the south side of
East Main Street, the point and place
of beginning.
HAVING thereon erected a two-
story dwelling house known as No.
218 East Main Street, Mechanics-
burg, Pennsylvania.
THE aforesaid description is made
in accordance with survey made by
Charles W. Junkins, Registered Sur-
veyor, and dated May 12, 1978.
BEING KNOWN AS: 218 EAST
MAIN STREET, MECHANICSBURG,
PA 17055.
PROPERTY ID NO.: 17-23-0565-
099.
TITLE TO SAID PREMISES IS
VESTED IN Justin B. Gourley and
Kristine N. Gourley, husband and
wife by deed from Simon Rogers,
married man dated 8/4/03 recorded
8/ 12/03 in Deed Book 258 Page
3260.