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HomeMy WebLinkAbout06-4786UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Require ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Dleadinae@udren.com Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEI 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. OU -- ! r 0 et,,1 ?Tsz? 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 provisiones 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 3UFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN Is/ Mark J. Udren, Esquire WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: M&T Mortgage Corporation Assignments of Record to: Option One Mortgage Corporation Recording Date: 12/27/05 Book: 723 Page: 3111 Assignments of Record to: Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Recording Date: LODGED FOR RECORDING 2. Defendant(s), Don L. Casey are/is the individual(s) designated as such on the caption, whose last known address is as set forth in the caption, and unless designated otherwise, are the real owner(s) and mortgagor(s) of the premises being foreclosed. Defendant, The United States of America is a Defendant by virtue of a judgment, lien, or other interest in the mortgaged property. Evidence of the USA's interest is attached hereto. 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: 1471 Pine Road MUNICIPALITY/TOWNSHIP/BOROUGH: Penn Township COUNTY: Cumberland DATE EXECUTED: 10/22/04 DATE RECORDED: 10/28/04 BOOK: 1865 PAGE: 4456 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 Note 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 8/8/06: Principal of debt due Unpaid Interest at 7.25%* from 3/1/06 to 8/8/06 (the per diem interest accruing on this debt is $23.45 and that sum should be added each day after 8/8/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of 548.95 should be added in accordance with the terms of the note) Suspense Balance $118,037.53 3,729.82 325.00 280.00 342.65 (2.12) Attorneys Fees (anticipated and actual to 5% of principal) 5,901.88 TOTAL $128,614.76 *This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $128,614.76, plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Ud$en, ESQUIRE UDREN LAW FFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL that certain tract of land dun" in Penn Township, Cmnbesland County, Pennsylvania, bound and described as follows,. BEGE4MQ at an existing item pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being loaded at the Nordrwcatam corner of the property about to be dc=lxd at the lire of land now or Sormedy of James Vyslacvich; thence by the dividing line between Lots Nos. 3 and 4 an said Plan, South 86 degrees 18 minuf 29 wands East 295.17 feet to an iron pin; thence by land now or formerly ofNobael E. Liater, a ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Barry L Litner, Jr., at ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pun; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 dgpw 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by lead now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on acid Plan North 3 degrees 36 minutes 22 seconds Eat 495.55 fee to an iron pin, the Piece of BEGINNING. «11 1t d t 11 Aug-10-2006 15:62 From-PREMIER ABSTRACT +243 3300 YLy ?L 1V -?-..- 200-6-0457:5 U S TREASURY DEPAR7MEENT (vs) CASEY DON L Reference No..: Case Type...... FEDERAL TAX L: Judgment.;... 5633.51 JVdge A4signed: Disposed Desc.: ------------ Case Comments --• w*+wwww*W***wWWww*wwwwwwzzzww*, General Index U S TREASURY DEPARTMENT PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 CASEY DON L 1471 PINE RD CARLISLE PA 17013 7923 Judgment Index CASEY DON L *****wwww*wwwwwwww*x*ww***www*? * Date Entries *w*wwwwwww*zx**+wwww****wwww**+, 8/07/2006 FEDERAL TAX LIEN-] **w**ww*www**wwrtww:ww*wwwwww* w * Fees & Debits wwww**+wwww***wwwwwwww***wwww FED TAX LIEN AUTOMATION FEE wwwwww*zwwwwwww*#*+wwww*+wwww * End of Case Informat www#**wWwwwwwwwwwwwwww*w*w**w T-304 P.020/020 F-09T Y f Filed ........ : 8/07/2006 EN Time.........: 2:58 Execution Date 0/00/0000 J ry Trial.... Depose Date. 0/00/0000 --------- Higher Crt 1.: Higher Crt 2.: ww*w*w**wwww***ww**ww*w***+wwww*wwW:zw**:wwww*w** Attorney Info PLAINTIFF DEFENDANT Amount Date Desc 5,633.51 8/07/2006 TAX LIEN **ww*w*+wwww**w**+wwww***wWWwww*w*:w*w:wwww**+**w * ?w ww**zwwww*wWW***WWrtwww*wwwwww**wwww*wwww**+++*ww FIRST fi X - - - - - - - - - - - - - 1 THE AMOU?TF 5RY3 . - - - - - - - - - - - - - - t***wwwwrtw***wwwwww#*www*wwww*zw*wwww*****+wwww*w* Escrow Info ?qaCC on 3e2 Bal Pymts/Ad End Bal kw www**www wwww** Wwww*wzs*wwwwww***+wwwwwwww**ww 5.00 5.00 .00 ------------------- ------------ 14.00 14.00 .00 k**www*w#**rtwwww**w*****w*#**ww*i*w*#****#**wWw*** 3n kww*wwww*wwwwww**wwww*www**ww***w**#ww**wrt******** PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP793 010 R35 Part 1 PA NOI bor 1 prop 647/0014500482/OP793/ 1 /9/0000000000000 June 06, 2006 Don L Casey 1471 Pine Rd Carlisle PA 17013 PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26106 0014500482 06/06/06 OP793 010 R35 Part 1 PA NOI bor 1 prop Homeowners Name: Don L Casey Property Address: 1471 Pine Rd, Carlisle PA 17013 Loan Account No.: 0014500482 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM EXHIBIT A FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06106/06 OP793 010 R35 Part 1 PA NOI bor 1 prop MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP793 (Page 1 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP793 010 R35 Part 1 PA NOI bor 1 prop 647/0014500482/OP793/2/9/0000000000000 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP793 010 R35 Part 1 PA NOI bor 1 prop MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP793 010 R35 Part 1 PA NOI bor 1 prop or you may contact Pennsylvania Housing Finance Agency at 800-342-2397 (Persons with impaired hearing can call (717) 780-1869 or visit the Pennsylvania Housing Finance Agency website at www.phfa.org. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP793 010 R35 Part 1 PA NOI hot 1 prop within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP793 010 R35 PF: 2 SC B DATE 07/26/06 0014500482 LOAN NO DATE LETTER VER REQ DESCRIPTION 06/06/06 OP794 010 R35 Part 1 PA NOI hot 1 Prop 647/0014500482/OP794/3/9/0000000000000 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP794 010 R35 Part 1 PA NOI hot 1 Prop eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. (Page 3 of 9) OP794 010 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP795 016 R35 Part 2 PA NOI bor 1 prop 647/0014500482/OP795/4/9/0000000000000 Re: Loan No. 0014500482 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP795 016 R35 Part 2 PA NOI bor 1 prop Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1471 Pine Rd, Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 815.88 MONTHS @ $.00 $ 2447.64 PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP795 016 R35 Part 2 PA NOI bor 1 prop (b) Previous late charges; $ 244.75 (c) Other charges; Escrow, Inspection, NSF checks $ .00 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 2692.39 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP795 016 R35 Part 2 PA NOI bor 1 prop OP795 (Page 4 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP795 016 R35 Part 2 PA NOI bor 1 prop 647/0014500482/OP795/5/910000000000000 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2692.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and send to: PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP795 016 R35 Part 2 PA NOI bor 1 prop Overnight Mail Address Western Union Quick Collect 4600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, Fl Jacksonville, FL 32246 Mailstop: Jl CASH You can cure any other default by taking the following action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP795 016 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP796 009 R35 Part 3 PA NOT bor 1 prop 647/0014500482/OP796/619/0000000000000 Re: Loan No. 0014500482 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be PF: I SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP796 009 R35 Part 3 PA NOT hot I prop considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP796 009 R35 Part 3 PA NOI bor 1 prop will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP796 009 R35 Part 3 PA NOI bor 1 prop costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP796 (Page 6 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP796 009 R35 Part 3 PA NOI bor 1 prop 647/0014500482/OP796/7/9/OOOOOOOO0oooo Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (7) SEVEN Months from the date of this Notice. A notice of the actual date of the Sheriffs Sale PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP796 009 R35 Part 3 PA NOI hot 1 prop will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. (Page 7 of 9) OP796 009 R35 PF: 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP797 023 R35 Part 4 PA NOI bor 1 prop 647/0014500482/OP797/8/9/0000000000000 Re: Loan No. 0014500482 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Daryl Johnson, Sara Haliko and Robinn Abel PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP797 023 R35 Part 4 PA NOI bor 1 prop Address: Jacksonville, FL 32246 Phone Number: 904-996-1730 or 1-800-326-1500 ext. 61730 Fax Number: 1-866-497-1263 Contact Persons: Daryl Johnson, Sara Haliko and Robinn Abel Office hours: Monday through Thursday 8:00 a.m. to 8:00 p.m. Friday and Saturday 8:00 a.m. to 5:00 p.m. Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06106/06 OP797 023 R35 Part 4 PA NOI bor 1 prop attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTP=D UNDER THE MORTGAGE DOCUMENTS. PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP797 023 R35 Part 4 PA NOI bor I prop OP797 (Page 8 of 9) PF: 1 SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP797 023 R35 Part 4 PA NOI bor 1 prop 647/0014500482/OP797/9/9/0000000000000 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. PF: I SC F 2 SC B LOAN NO DATE LETTER VER REQ DESCRIPTION DATE 07/26/06 0014500482 06/06/06 OP797 023 R35 Part 4 PA NOI bor 1 prop (Page 9 of 9) OP797 023 R35 PF: 2 SC B 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. Mark J. dreh, ESQUIRE UDREN LA T4 OFFICES, P.C. i4. U1 cn b a + s cs r SL r Nft 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 €:Cumberland County Plaintiff V. -NO. 06-4786 Civil Term Don L. Casey United States of America Defendant(s) 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. DATED: October 13, 2006 UDREN LAW OFFICES, P.C. BY: rk J. Udren, Esquire torney 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: Don L. Casey United States of America Loan #0014500482 MJU #06080113 y 00%20'??? N is t en Title: Assistant Secretary Company: Option One Mortgage as servicer on behalf of Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl 0 -'-: r-n cry sv p 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 :Cumberland County 1270 Northland Drive, Suite 200 € Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey :NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) 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) Don L. Casey, ONLY for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 8/9/06 to 10/13/06 Late charges per Complaint From 8/9/06 to 10/13/06 $128,614.76 1,547.70 97.90 TOTAL $130,260.36 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice h s been given in accordance with Rule 237.1, a copy of which is aged hereto. FFICES / P.C. Marx J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE : (00,4 02 U , ?? (o INDICA D /1 PRO R THY j UDREN LAW OFFICES, P.C. ATTORNEY FOR BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff V. Don L. Casey United States of America Defendant(s) TO: Don L. Casey 1471 Pine Road Carlisle, PA 17013 DATE of Notice: October 2, 2006 IMPORTANT NOTICE PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O 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, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O 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 FA R DEBT COLLECTION PRACTICES A , THIS LAW FIRM IS INFORMATION DEEMED TO BE A OBTAINE DEBT COLLECOR II iE5jF?HIS THAT IS AN ATTEMPT TO COLLECT A DEBT. ANY D WILL B S PURPOSE. W o rest CorporateCenter 111 odcrest Road, Suite 200 arr ill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff V. Don L. Casey United States of America Defendant(s) TO: Don L. Casey 610 Chess Street Pittsburgh,PA 15211 DATE of Notice: October 2, 2006 IMPORTANT NOTICE PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O 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 FA DEBT C ECTION PRAC ICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLS AND HI IS AN AT T TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL B SED F R T PURPO . s Mark ren, squire W odcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherr Hill, New Jersey 08003-3620 Verbal Confirmation of Service of Complaint Date: C? ? A . IOU Spoke with: ! J at: Defendant(s . U was served on 'aav1 Ca r l l .u o I701 c lX Defendant(s): was served on at: Defendant(s): at: Are there any additional fees due? If so how much?_$ kmo( t I at '7- kA 0 was served on Yes No 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 856-482-6900 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl C/o Fidelity National Foreclosure and Bankruptcy Solutions 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Don. L. Casey United States of America 1471 Pine Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-4786 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Minnesota COUNTY OF Dakota 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: Don L. Casey Over 18 As captioned Unknown United States Over 18 As captioned Unknown Sworn to and subscribed before me this .? day of ? sr 2004. behg(a /1 aaa4z Notary is KIMBERLY PAULINE ANOKA NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2010 above of America above a e: Ri 1, 1 Title: S?SIS 1t ek? Company: p ion n as servicer on behalf ?y?e Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl ?a 0 d F a filY t ? =y N r i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey 1471 Pine Road :NO. 06-4786 Civil Term Carlisle, PA 17013 United States of America Defendant(s) To: Don L. Casey 610 Chess Street Pittsburgh, PA 15211 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession lO f?U?O(o Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 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 ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 € Mendota Heights, MN 55120 Plaintiff V. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-4786 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Don L. Casey, ONLY 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 $128,614.76 Interest Per Complaint 1,547.70 From 8/9/06 to 10/13/06 Late charges per Complaint 97,90 From 8/9/06 to 10/13/06 TOTAL $130,260.36 I hereby certify that (1) the addresses of 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 ;ed hereto. i sREN IA?\OFFICES P.C. marK j. uaren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: INDICA D PRO ROTHY 10 r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 :Cumberland County 1270 Northland Drive, Suite 200 € Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey :NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) To: Don L. Casey 1471 Pine Road Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession /0/4 (o Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 r r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 €,Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey :NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) 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) Don L. Casey, ONLY for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 8/9/06 to 10/13/06 Late charges per Complaint From 8/9/06 to 10/13/06 $128,614.76 1,547.70 97.90 TOTAL $130,260.36 I hereby certify that (1) the addresses of 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 aged hereto. OFFICES/ P.C. DAMAGES ARE HEREBY ASSESSED AS DATE: Attorney for Plaintiff INDICA D 1/44 PRO ROT Y 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 € Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey €:NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $130,260.36 Interest From 10/14/06 3,400.25 to Date of Sale 3/7/07 Ongoing Per Diem of 23.45 to actual date of sale including if sale is held at a later date (Costs to be added) $ 'ATTORNEY FOR PLAINTIFF ? r fi t! !?1 f !n (ZI. b O r '" 1 ^ • te ?.. = => C3 _ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4786 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 ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-HE1, Plaintiff (s) From DON L. CASEY (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 $130,260-36 L.L. $.50 Interest FROM DATE 10/14/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $23.45 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $3,400.25 Atty's Comm % Atty Paid $172.80 Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) Due Prothy $1.00 Other Costs CurFKR. Lon nota By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as ::COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey :NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America 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 I authorities. / LAW OFF-kCES, P.C. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF c-n t°v . 7? 4 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl `:Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey €NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, 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: 1471 Pine Road, (Penn Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Don L. Casey 1471 Pine Road Carlisle, PA 17013 610 Chess Street Pittsburgh, PA 15211 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. JPMorgan Chase Bank, NA See Caption above. 1111 Polaris Parkway Columbus, OH 43240 111 East Wisconsin Ave., 6th Floor WII-4030, Milwaukee, WI 53202 c/o Francis S. Hallinan, Esquire Address to Follow 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 USA US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Box 11754, Harrisburg, PA 17108 Commonwealth of PA Internal Revenue Service Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue Bureau of Individual Tax Inheritance Tax, Division, 6th F1. Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Federal Estate Tax, Special Procedures Branch, P.O. Box 12051 Philadelphia, PA 19105 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1471 Pine Road (Penn Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating o unsworn falsification to authorities. UDREN W OFFIC P.C. DATED: October 13, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff C? r14 Cv ?i N a 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff v. Don L. Casey :NO. 06-4786 Civil Term United States of America 1471 Pine Road Carlisle, PA 17013 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Don L. Casey 1471 Pine Road Carlisle, PA 17013 Your house (real estate) at 1471 Pine Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $130,260.36, 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.) N 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 4'4'i r "t F - C-) rri ,Fri r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey :NO. 06-4786 Civil Term United States of America 1471 Pine Road Carlisle, PA 17013 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Don L. Casey 610 Chess Street Pittsburgh, PA 15211 Your house (real estate) at 1471 Pine Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $130,260.36, 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- RIMUS 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.) f 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 Clisle, PA 17013 717-249-3166 800-990-9108 rn ID r°' v? r*- < hJ .r 4 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl ::Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey ::NO. 06-4786 Civil Term United States of America 1471 Pine Road Carlisle, PA 17013 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: United States of America US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street P.O. Box 11754, Harrisburg, PA 17108 Your house (real estate) at 1471 Pine Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $130,260.36, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C CD ?- =T CZ) _. P c.Pt ?z'7 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CASEY DON L ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CASEY DON L was served upon the DEFENDANT , at 1055:00 HOURS, on the 8th day of September, 2006 at 1471 PINE ROAD CARLISLE, PA 17013 DON CASEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 7.92 Affidavit .00 -; Surcharge 10.00 R. Thomas Kline .00 35.92v/ 09/28/2006 n UDREN LAW OFFICE Sworn and Subscibed to By: ??X;XO V before me this day Deputy Sheriff of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CASEY DON L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNITED STATES OF AMERICA but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMP-MORT FORE,LETTER,STI County, Pennsylvania, to On September 28th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: f? Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County Postage .63 54.88 ?/ 1a1?4/b4 09/28/2006 UDREN LAW OFFICE Sworn and subscribe to before me this day of A. D. r' In The Court of Common Pleas of Cumberlan4 Cotinfy, Pennsylvahla Wells Fargo Bank NA vs. Don L. Casey et al SERVE: United States of America No. 06-4786 civil Now, August 22,.2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize. the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of copy of the original Sworn and subscribed before me this day of -20 20 , at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA t ft Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK NA vs County of Dauphin UNITED STATES OF' AMERICA Sheriff's Return No. 1424-T - - -2006 OTHER COUNTY NO. 06 4786 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:August 25, 2006 at 10:38AM served the within COMPLAINT upon UNITED STATES OF AMERICA by personally handing to SUSAN KEEFER SECRETARY 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 228 WALNUT STREET HARRISBURG, PA 17108-0000 Sworn and subscribed to before me this 28TH day of AUGUST, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Office of tCte ?*h¢riff So Answers, Sheriff of Dauphin,: C--aunty, Pa. By vl? Dep eriff Sheriff's Costs:$29.25 PD 08/24/2006 RCPT NO 220865 CANTREL 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Don L. Casey United States of America :NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth 3129. n This Affidavit is made subject relating to unsworn falsificat Dated: February 28, 2007 the pen tie o 8 to au oriti s ?ZUDREN rw 0I BY: dren, Attorney for P Pa Rule C.P.. .S. Section 4904 P. C. uire tiff 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 ABFC Asset-Backed Certificates, Series 2005-HEl 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-4786 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Don L. Casey PROPERTY: 1471 Pine Road (Penn Township) Carlisle, PA 17013 Improvements% RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to-protect your interests.. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A E oc m LL a; N ?: N LL a y ' o °o mu- . ISO a EYG ?? H ':0.3 q 3 x?o a Q ? w 7? ;a f Udd ?( 8 •° N ea u N M ? Eta O 0. N •O N ? CJ ?'mOV (Y V N boo Y o o o N W C Wo. Z -t LU U r a l tU 3 N ? 4 U a 4 W c1 CUD, pC N U pCM33 Z ? &.VW i ° - a ''8 VN V : 0 o Q . , O s go z- e ? ; 1 . Ul? Z = 0 3: Bo v ') Ili a ?N Q ?Q a ch D a T ae? ? T Q OWC? r Ouj m? t CUJ. CQ u.o UU O Nam 1 U 8??pp 00 CC3? a- ? P S 5 s alit G a a m 0 c m 0. F d m v n X G1 A O C? Nap O U Q ?d' ?G NO =? g? N Vim air- CL. W Vl C? OC m pp W M u" ? [D . T s? ia?-r $ d T T ? CO co ? o Z ??o ?'eC u G? t6 0 m G T O s ?' Q ?N m (.? G t vo UaS?No eQ? ZU m co ov r•• '2 t N D au n a m o. ?LL w 0 z g M ? N d ?a G ? Eou" n - 3 Epp ? ? O o? o N $L N 'L ;0 ? o ?0. m c IAN ?? r IL Y O II CL E d ?. Z? r? 0 2 m N L. V ? E m a 0 LL c N n ' o. C T EXH?g1T R O ©C m in M z ?a xQ°?o r??-n rnoM :"D om ow?tmis om- womn z' M x ?O_.A 3 m?BEd S = C)o 01 ? O11 -oM3C4 m -C M ?O th ?A NaC Ln9, A U.S. Postal Service— CERTIFIED MAIL. RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) ? = Er Cr Postage $ f-=l C7 r-1 0 Certified Fee t C C C3 C3 r3 Return Receipt Fee ` (Endorsement Required) C3 O Restricted Delivery Fee r-1 rl (Endorsement Required) `a lto C 0 O SAL, U Postmark Here C:j o Sent To Internal Revenue Service C3 C3 r - ti Siieef, ape, Technical Support Group -- orPOBoxn William Green Federal Building ------------------- ' ` 600 Arch Street, Room 3259 ;, Philadelphia, PA 19106 , w- ,-"*wq EXHIBIT A N C 3 I 2 3 w m 3 --I O O tr 0 02 !-r O O O O LJ ?J ni O 0-' Q' w a 0 N b N 3 '30dd PUB SOdV of pesse.lppe yew uo elgelleee iou sl uoltewio;ul lieAllep of sseaas leuielul 'tilobul ue 6ul4ew 994M m tuesetd put ldleset slgl OAeS UNCLUO l •Ilsw pue 86eisOd 44M legal xlp Pus 40OW 'Pepeou Sou sl 3dmm IMW peypie0 843 uo ? wisod s p •6uppeugsod 10l eowo 3sod e43 in op -we 643 weswd esseld 'PoileeP of ldlem IIsW PBeOWeeiD 941 uo 4ewisod a11 ¦ .till 4tm sew 843 43lM eosldllew eta vow io )pop eyi esinpd ?iue6B peziw JO SGMSJppe e43 of PGpPWei eq AVW AeAllep 'eel IeuoµlPpe ue lOd ¦ sl 3dle0w m peggiep tnoA uo wswisod oSd9l3 a '3dleow uumw eislJnbw Abi JSAR3M 8% a 9AMM Ol ' nbed g4869 7W wnAU. e0e018W e870pu3 'eel 843 JeAOO 03 86e3sod elge0p0e pPe We 9PW 843 01 W96 uuod Sd) 4e096 carried t; Lpelie pue s48ldwo e?e?d 'eo(Aras 3dleoeH wr4old ulsigo 01. AISANSP to load eplna Gi peisenbe? eq ?Suwidle0ey wniey a 081 Isuoluppe ue mj ¦ 'Ilan pweisiBelj .r0 pwnsul ioppuo0 eseeld 'selgenpm 10d TVIN P94WOO 431M g3a1AOHd SI 3vvu3AO0 30NvwnSNI ON • •Ilsw Ieu0Pew83u110 seep AUe JW OMIJUA131ou sl QSW PsI1 M ¦ ®I1eW APOIAd Jo ®llen S"10-ML-1 43lm PwMwoo eq IINO Aeur IRW PsIRM ¦ wepu/Wet/ iueyodwl week OW X01 eOweS leisod 843 Aq ideal tieNlsP 10 Pmw V ¦ eoeldllew ma( 101 ieWeq enblun V ¦ PS Form 3800, June 2002 (Reverse) idpow 6ulilew V ¦ :SBPIAOad 11eN PDRIP63 y? R, "T` EXHIBIT A Y C1 o ° c o gy _ -' m m:kmZ 0 p n * =oo Fmoo Dm v " worn z• m m t 3CC .Q etGKdit ?U)m3m vC Wm 4 N ? rL O> :3 Vt >P ?+ d ~ O N ?3n m ? z Ln r •. Se. F ,.':mss Postal Service- TIFIED MAIL RECEIPT nly; No Insurance Coverage Provided) stic Mail O r.(Dom, r?rmation visit our website at www.usps.com r- r%- _r z $ 0 tr Er postage r"1 Oermed Fee Poshnatk r_3 t3 Here Retum Receipt Fee 0 M (Endorsement Rsgmred) C] C3 Restricted Delivery Fee r.q ra (Endorsement Required) `° E $ 0 C3 Total Postage & Fees 0 o enrro US AttorneY General o fieef, A US Department of ] RttT?' 5111 ' orPOS*ain Justice Building, Avenue NW ciry srai 10th & Constitution 531 -...__r.:nntnn. DC 2 -1m EXHIBIT A 71 O 3 CA) W 1 J CD a 2 N O O N H iS U z 3 0 m rt c ID -i C3 O E" 0 03 L-i O O 0 O LJ -J rU 0 IT, Ln Q' •s0dJ PUB SM 03 pe839413e 11OW uB BlgBiieee IOU si uoi}}ewJOjUj R;9All8P Bi sseaae leuieluJ •6iinbui ue Buipw uegm 11 lueseid pue idlem sjqi BARS UNVAOM •Ilsw pus eBaisod 4ilm legal xip Pus 4oeiep'popeeu iou sl idlsow IIBW PelWe0 e44 uo eugsod s;1 •Buppowisod jo; eoWo isod e41 le op n.is e4i lueseid eseel 'peilsep sl idleoei llen peggjeC)e4i uo >uswisod B;I ¦ tianryaQpe?u;say, iuewesJopue e4i 411m eoeldllew e4i )pBw jo )pop e4i estnpV •;ue a pezNo4ins s,9essaippe jo essseippe e4i of poplil m eq dew dNaapep 'eel leuo14Ppa us jod ¦ pailtnbei sl idiom I!vw wpive0 mod uo vewisod a3ds(i 9 'idleosi wniej emilanp s !ol i-fam ee; B eNeoer of, •upownbow idleoeH wmaH eoeldllew ewopu3 'e8j e4i jenoo of eBsisod opeolidde pPe pus splice a4; of 4= uuO-q Sd) idleOeH wrgeH B 4=ue pus eieldwoo esseld'ewues idleoeH wrgeH uleigo of tioNlep ;o;oad eplAad of peisenbei eq faw;uleoay umlay a'ee; ieuolllppe us joj ¦ •IIBW paieislBeH io pamsul jepisuoo esaald 'selgsnleA J0d •11eW P81NUe0 LW 03GIAOHd SI 3JVH3AO0 3ON"nSNI ON ¦ •ilaw 1BUOpawaiul;0 seep Aug X4 GWIVAB;ou sl IIBW PeDMeJ ¦ allBn d;uoud jo alien Swl0-iwld 4ilm peulgwoo eq AlN arapulHOW w ur; W88A 0mi J0; e01AMS 18190d e4i dq WWI tieAl1eP 10 P=W V ¦ eoeldllew mod j0; jooueq enblun V ¦ PS Form 3800, June 2002 (Reverse) idiom Bu11lew V ¦ :SBPIAad IIBW PBIIIIJe3 EXHIBIT A O OC: C') 0 D v X inn 7D m m :0 CO Z <0C? YvO:* ?3Dv zMC) ?D Om- n 'V ?z0 M 3) it n- o Q I ? -n cc N 0=i ? M ? ? ?.O M Q Qp N? C: tG X C (A r - r* A 14 0 00 M u C ? A ra to rv f,. <r...ays„na... M1 N zr? Q" Cr Postage $ C3 M Certified Fee M C3 Po"Matk M ; C3 Retum Receipt Fee (Endorsement Required) Here C3 0 Restricted Delivery Fee rl r-R (Endorsement Required) co s0 M C3 Total Postage & Fees r (Q `n `D sent O USA, US Attorney General C3 C3 US Department of Justice r+- r- sbeer,A, Federal Building orPOBc 228 Walnut Street .--------------------------- U s6 P .O. Box 11754 JIM Harrisburg, PA 17108 %I- ra: EXHIBIT A ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦I Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: USA, US Attorney General US Department of 3ustice Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 A. Signature X Agent ddressee B. Received Vfnted Name) C. Date of Delivery D. Is delivery address different from q` If YES, enter delivery address FAA 1 Service Type -^? ertified Mail 13 Express Mail ? Registered ?m Receipt for Merchandise ? Insured Mail 17 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7006 0812 0001 9472 0649 (transfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt IGMS-02-M-154 D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No US Attorney General US Department of justice Main Justice Building, Rm 5111 10th & Constitution Avenue NW Service Type Washington, DC 20531 teed Mail ? Express mail ? R eyed etum Recelpt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number (rrmnsMr fmm service ?abso 7 0 0 6 0 810 0001 9472 0656 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: • SECTION SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete atu item 4 if Restricted Delivery is desired. ? Agent ¦ Print your name and address on the reverse i O Addressee s that we can return the card to you. ived nt?d Name) C. Dat o ivory ¦ Attach this card to the back of the mailplece, (\?.. or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? Yes If YES, enter delivery address below: 0 No Internal Revenue Service Technical Support Group William Green Federal Building rch Streei.mq 3259 . Service Type rued Mail O Express Mail 17 Register 9d. _ um,RaceiptforMerchandist ,7419 Wild JAA 4. Restricted Delivery? (Extra Fee) ? Yes EXHIBIT A (rraf?rim-"??.:006 0810. 0021 9472 0663 ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to. A. Signature 8, Received by 102595-02-M-154 S Form 3811, February 2004 Domestic Return Receipt ? Agent 0 Addressee C. Date of Delivery . UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Marls 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 :Cumberland County Plaintiff :NO. 06-4786 Civil Term V. Don L. Casey United States of America Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail other (certificate of mailing) Date Served: November 15, 2006 TO: USA, US Attorney General US Department of Justice 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 UDREN Lkt7 OFFICES, P.C. By: Mark . Udre: Attorney for Esquire Plaintiff EXHIBIT 13 r H O ro (D cEnn O SL ?'. (D a rt Saba O l-- rt w rt P o N Np,itrt J W (D Ul • C-I N rP ' G to O t? rt t-n x N N' n°'m:y ti ? ' (D N N Q N G ? tn? LQ U) rt rt 0 (D ((D O N rr ? J N 0 O O -O Cv :0 :1) MM Z r- Z `' DC o .4 0o m to g m c? M 3) Postal Service L . RECEIPT TIFIED MAI JU stic Mail Only, No Insurance Coverage Provided) [,- Ir Q' Postage $ r-9 r-R CeMned Fee O! C3 C3 M d O Return Receipt Fee (Endorsement Requlred) O O Restricted Delivery Fee r- ? r-9 : n (Endorsement Required) IAL USE ? ? ? Postmark C3, t3 Total Postage & Fees $ -01-0 zi;WtUSA, US Attorney General ° ° US Department of justice N N WW, Federal Building -- -- - - orPOt228 Walnut Street iffiff, PA dw § P.O. Box 11754 17108 Harrisburg, EXHIBIT B &? -571 CQ?y -0 n Cl) o ? ? N f Q w ?' s 1 Q N O O ' A S 3 n m c 3 z A C3 11- 0 02 L-j O J C1 B CJ O c a n, C' C3 0 N m b N 3 A O m N '30dd PUe S0dd e1 PesseMPe flew uo 9jg8jl8A8 1ou SI U0u}6WJO1u1 IJeA118P 01 888338 1euJelul •?lunbul ue bupew uegs 111u8g8ad pue ldleoeJ SIM eAeS :iNtl180dWl -pow pus 96iwod 40M 184x1 xlP PUB 4*8ieP 'PBPOW Sou sl ldlem IIGW POUWOD s111 u0 wisod a 11 •Bupuswpod lol 90180 mod 9111 1s 9p -4m e1111uawid Meld `p8ilsep s{ ldlsow PW peWea 9111 uo)IAW*d s 11 ¦ .41-Hea u. wowesuopue Gill tmm eo9ldllvw ot4 *ww Jo )J9p 91119gAW '1ue6s pIi eOWW 9,ee6MPPs jo e9smppe a p 0l popi.499j eq Asw iUeNIGp 'eel Ifolupps ue jod ¦ •peuinbei al ldieow ilow po wso jna( uo )usu4sod eSdS(i a 'idleoe? wrnei aWgdnp u 10119MGM 0% B enraoa! of '.P9WKftd 940006W wnley. eoeldlleW esloPu3 'eat 9111 jeeo0 of 96elsod eigsolldde pps pus 9plin e11i of 4M uuod Sd)1dwed um18El 9 yaalte pus eieldwoo eseeld '901NeG Arced UJWU uIG140 01 ANAPP .1o load eplna of peponbe? 9q w 8098 UAW& a 19% leuoplppe us god ¦ JO-4 TEVNI P69WOO 411 03a IOHd, Sit ama O? aowwmi ON ¦ •@ew isuopow9lul 1o seep Aus j01 elgelleAStou 81 JRW p981Uep ¦ "Gunn 141Joud Jo eilBW M13-16JW t41M P9ulgw00 Oq KIN0 AHw IIGW PGWWO ¦ wepupu9a g*jddtui seer( OW X01 G0uu9S Islsod 9tp dq ghm AGen119p 1o p= w y ¦ eaeldilsw mop( j01 lelypusp} enblun y ¦ PS Form 3800, June 2002 (Reverse) idiom Bulllsw y ¦ :SepiA01d HOW MUM EXHIBIT B ¦ Complete Items 1++ 2, and 3. Also complete Item 4 If Restri;'e Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the bads of the mailpiece, or on the front if space permits. 1. Article Addressed to: USA, US Attorney General US Department of 3ostice Federal Building A. Signature X f? Agent & ReceivedlSy (Printed Name) C. Date of Delivery // 1•a n ! D. Is delivery address dffferent from item 17 0 ye;- -It YES, enter delivery address below- 0 No 228 Walnut Street Service Type ail 13 dress Mail P.O. Box 11754 Harrisburg, PA 17108 O- ?r?tum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Ex" Fee) 0 Yes 2. Article Number 7006 0810 0001 9472 0670 (fransfei tm from service label) PS Form 3811!, February 2004 Domestic Return Receipt 10259"2-M-1640 EXHIBIT a m 2 d uj LL r m V_ 3 t '? o y VJ m ,=g O Z Q? Ui m 'ro ! (D E 'm L oc4 a m ?O r°/'i 0 U X SE :e CD 0.? O Q eo C a 0 c ? m m w to W C l0 > m m_ O n? a p mU S w n m 2m ami ?mu+ ID _ul ?2EI? 0 a v y m p 7 = 8 v w Q J Q W M W C2, 0 04 N co O c r T V N 0 Lu m 0 40 - l L LL ? CL Ua?3 U. z o co 0 T M? U) V J Q W C = ° Q Q ZDO?R' WO,W Z ?T COQ= c¢aCO Da ? m rE w L co V Q z UI U w m [ - Q Z O : m T ce) 60,S 1', ON t7l 0 g C-4 cv) Lo T T T I? I? I~ I? I? lO IT T ?.--XHIBIT B m U C ? a Ep?w? E E c °ap EiPmmpg e o 9-0 .E? Ei E ma°O E?-Ig E E v E bgo m wL°'ga Ea E m i gipa? E $ m s12 aSE m f gp 11EL E o ? E o 6 C a m O Y C r' N m a F? a V m CL E O V m J2 0 `o LL E O 0 a m v ? a T m Z' .c d LL ti m co co c M E L is O LL i? > N ? a M Wells Fargo Bank, N.A., as Trustee for In the Court of Common Pleas of ABFC Asset-Backed Certificates, Series Cumberland County, Pennsylvania 2005-HE1 Writ No. 2006-4786 Civil Term VS Don L. Casey William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1340 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Don L. Casey, by making known unto Don L. Casey personally, at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2007 at 1951 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 Don L. Casey located at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Don L. Casey, by regular mail to his last known address of 1471 Pine Road, Carlisle, PA 17013. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. ?1, et R. Thomas Kline, Sheriff BYj Q L Real Estate Deputy EXHIBIT 8 c'? ? ? ? : _ ? r _ 1?: ?' ?? ? ? ?`,? fi`j --y s`7 ?.? ? ?..+? -%1.... '- i t .- .. ^ _'- ?? i ?,? l? ".? _,,,,. `. ( "ti ? " i % UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren „ Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County Plaintiff :NO. 06-4786 Civil Term V. Don L. Casey United States of America Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail Other (certificate of mailing) Date Served: November 15, 2006 TO: USA, US Attorney General US Department of Justice 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108 UDREN L4XJV OFF/ICES, P.C. By: Mark .4. Udre , Esquire Attorney for Plaintiff 4 c q O ro(D ?? o(D 0rt Fi (D (D 9) 10 a O ?-j rt t? 0 W t a l-n rt -_j lU (D Ln C-4 11) to 0 to ft rh p." N w 0) oo Fi (D n (D H c! Gr(0Ou rt :0' W rf U) rt rr 0 N ((D N (t N 0 O OC ?vv - 7°m M Z r?°o r m O ?M?m Snm70 03 M 0 I M M M o CERTIFIED . ¦. (Domestic Mail Only, No Insurance Cov erage Provided) C3 o ..r .? For delivery information visit our website at www.usps.com ?. ,...? M1 rru. " b _ 0" tT Postage $ i M 0 Certified Fee b C3 C3 C3 Return Receipt Fee ?/1 95/ / P Here (Endorsement Required) a 3 7 ' n 0 t3 Restricted Delivery Fee rl r-1 (Endorsemern Required) 71 0 c13 cE) b Total Postage & Fees .? ? ..n M Us Attorney General USA . • ... C3 M rte , seat Us Department of justice 0 o o r- r- gireei? Federal Building --------------------------- orPOi228 Walnut Street P.O. Box 11754 =Harrisburg, PA 17108 CO) 0 3 W ao .A N Q C Z N O A 0 y n m ED W 0 N UOi N O Ccsav N 3g I 0 C3 Ir O am L-i O O O C3 -?.1 ru O Q" -.; C3 = v N ? C C d 0? a H H 3. ' LD 0 aX0-'?C ;fl ?c c?> D ,% rt C? -e ao C A ? 0) A n m a a a v ¦ ¦ ¦ o o H n O ... ? ,WF.G A'O ern®?CDm ? 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Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: USA, US Attorney General US Department of Justice Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 A. Signature X 0 Agent ??-- O Addressee B. Recei (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? U Yes if YES, enter delivery address below: 0 No Service Type rtified Mall 0 Express Mail 0 Reg 6tered tum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Mete Number 70x6 a81a oaal 9472 01670 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt to25as-o2-M-540 cc E _4) ( A LL N _ r U ci 4) . N LL N H y O w to .. C O - .- y .? y 4) LL a? E 'm CLZ N ESw cU LE ze . Qt?ea 4. ? ,e , . 4) 0 ? N w C ? l0 C? , W A,i ? t - r 0 0 ? J ? 0 w "0 a w CD w f? ?S J s a i af0 A o ?? -0 t: av ia a o m dp1 ? ?_ L N m l0 C U??? =U a . _ D *2 2 .V CD j CD N y my y a y d !E C O1 i O a ?SUU 0000 1 W Q J Q M F Z O W O N co r W W v m¢ IL 0 oa 0Qw y d U. maw ?D u,01-W U) z LL 0 Om (n Q J 3 Lu Wp ?W a - Q? uw W ? o E ?O W (3 Q r Z 3 ? L) ?° o r 00 Ix ?Z z Z o r ? aZ CO o ?g o 0 t?Q O C p r N M d r Lf) r Z 0 J r N M CO (? p r r r r m U ? 8 d O p ? ? - M ? •? 0 n m N m -DIE c E E ? n E W E?W?o6 Cc) a 'E °c E E C ?? ffi v E W p_ '? m?E W?m a ??c s?mE gE ? m O 0 C m a S 0 m O Y C a d O V 7 O LL 0 0 a m rn a? LL ti d ti d CO) E a O LL CO) a jr, r- Ar-r ?+? ._)4 tI f-? r } W UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff V. Don L. Casey United States of America Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, by its Attorney, Mark J. Udren, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter and in support thereof avers the following: 1. This is an action in mortgage foreclosure in which Plaintiff entered judgment against the Defendant(s) in the in rem amount of $130,260.36, on October 20, 2006. A true and correct copy of the Praecipe for Judgment is attached hereto as Exhibit "A". 2. Subsequent to the entry of judgment, the foreclosure proceedings were voluntarily postponed by Plaintiff to allow Plaintiff time to file a Motion for Reassessment of Damages. a. The sheriff's Sale date of March 7, 2007 was postponed to June 13, 2007 to allow Plaintiff time to file a Motion for Reassessment of Damages. The mortgaged premises is currently scheduled for the June 13, 2007 Sheriff s Sale. 4. Subsequent to the entry of judgment, additional sums have been incurred or expended on Defendants(s)' behalf during the time the sale was postponed or stayed, or while the sale was pending, which sums include, but are not limited to, taxes, insurance and ongoing per diem interest, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal of debt due and unpaid Interest at 7.25 % from 3/ 1 /06 to 10/31/06 Interest at 10.25% from 11/1/06 to 3/30/07 (the per diem interest accruing on this debt is $33.15 and that sum should be added each day after3/30/07) Escrow Overdraft (Taxes/Insurance) Late Charges (monthly late charge of $48.95 should be added on the fifteenth of each month after 3/30/07) Property Inspections Brokers Price Opinion Suspense Balance Foreclosure Costs To date $118,037.53 5,705.12 5,027.39 6,501.35 729.61 76.80 170.00 (2.12) 2,091.05 Reasonable Attorneys Fees (anticipated and actual to 5% of principal) 5,901.88 TOTAL $144,238.61 5. Under the terms of the Mortgage, Plaintiff is entitled to inclusion of the amounts set forth in paragraph 4 as part of the judgment, and accordingly, attached hereto as exhibits ". W and 11611, are the Mortgage and Note, allowing Mortgagee to charge Mortgagor(s) the amount set forth herein, including, inter alia, attorney fees, costs of suit, and authorizing Mortgagee to place insurance if Mortgagor(s) fail to do so. Y WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed, in rem, in the amount of $144,23 8.6 1, as set forth hereinabove. Respectfully sub ed, UDREN LAW I C , P.C. BY: Mark J. U sq Attorney for TPainti kr.? }i ? 4? .ti 1, 0 6 of 3 UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed =CIVIL DIVISION Certificates, Series 2005-HEl -Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 .MORTGAGE FORECLOSURE Plaintiff v. Don L. Casey NO. 06-4786 Civil 1471 Pine Road Carlisle, PA 17013 United States of America De f endant (s) Term r ^ff t_._ r_t Il? rv C31% b C'3 N CD c.ro N e 0 onD PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ?Iv TO THE PROTHONOTARY: 0 E? 6 rn Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Don L. Casey, ONLY 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 $128,614.76 Interest Per Complaint 1,547.70 From 8/9/06 to 10/13/06 Late charges per Complaint 97.90 From 8/9/06 to 10/13/06 TOTAL $130,260.36 I hereby certify that (1) the addresses of 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 at?.ae 'ed hereto. OFFICES/ P.C. Marx J. Uaren, E6uuiKt; Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: f ? 2 2n6k PRO OTHY 71 EXHISfrA WHEN RECORDED M L T0: OPTION ONE MORTGAGE 3 ADA IRVINE, CA 92856 Loan Number: 231057354 Servicing Number: 001450048-2 Parcel Number: 31-12-0034-025 ROBERT P. ZIEGLER RECORDER OFCEEDS CUtS5 E^:.A!!D C0L,l-dTY-; M OCT 28 RM 1111 __Mm Above M& Imo For ftmft Dvt1 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on October 22, 2004 . The mortgagor is DON L CASEY ("Borrower"). This Security Instrument is given to M & T MORTGAGE CORPORATION, A NEW YORK CORPORATION which is organized and existing under the laws of NEW YORK , and whose address is 1 FOUNTAIN PLAZA 6TH FL, BUFFALO, NY 14203 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED NINTEEN THOUSAND SIX HUNDRED ... AND NO/100THs Dollars (U.S. $119,600.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on November 01, 2034 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYLVANIA - Single Family Page 1 of to PAD100t1 (01/12/01) BK 1885PG4456 EXrrterrS it 400 Loan Number: 231057354 Servicing Number: 001450048-2 which has the address of 1471 PINE RD, CARLISLE Pennsylvania 17013-7923 ("Property Address"); [Zip Code] Date: 10/22/04 [Street, City] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and IrrI i i -; Prepayrnmt and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayrnent and late charges due under the Note. 2. Fins for Taxes an Ins mince. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 er seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAD10012 (01/12/01) BK1885PG4457 Loan Number: 231057354 Servicing Number: 001450046-2 Date: 10/22/04 If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; lucre. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any i part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in ' its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 PAD 10013 (01/12101) BK1885PG14458 T PAW Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairtnent of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be subject to the provisions of this paragraph 5. 6. Occup®cy, P=ervation, Maintenan= and Protection of the Property, Borrower's Lem Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrowers primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Page 4 of 10 PAD10014 (01/12/01) Da 885PG4459 Loan number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' foes, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Gender shall request. 7. Protoctim of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Maltgage lum mce. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspectim Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Caution The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. Pogo 5 of to PAn10015 (01/12/01) BKI885PG4460 ' owe , Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 11. Bwower Not Redeased; Po6cmance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the stuns secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Suomors and Assigns Bound; Joint and Several UWAHty; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Sevaability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Ptopcrty or a Beneficial Inusest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Page 6 of 10 PAD10016 (01/12101) SK i 8*85PG4461 Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; (mange of Loan Sa3?icer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more tines without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the lender hereunder. 20. Hamrd= Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other (requited plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Aeodaation; Remedies. If any installment under the Note or notes secured hereby is not paid when due, or if Borrower shouid be in default under any provision of this Security hwtrumc ut, or if Borrower is in default under nay other mortgage or oduer instrument segued by the Property, all sums aeaued by this Security humiment and accrued interest thereon shall at ore become due and parable at &c option of Lender With" prior notice, except as odx wine required by applicable law, and regardless of Page 7 of 10 PAD10017 (01/12/01) BKI885PG4462 Y Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 any prior forbearance. In such event, I ender, at its option, and subject to applicable law, may than or thereafter invoke the power of sale and/or any other remedies or take any otber actions permitted by applicable law. Lender will collect all expenses incurred in pursuing the re?odies dowibed in ibis Paragraph 21, including, but not limited to, reasonable attorneys' fees and casts of title evidence. 22. Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Luterest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Miec+apan and Nondisclosure. Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, i and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 28. Time is of the F.ssa'rae. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 30. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender, 31. Reinbursenent.To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, i verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance raid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other Page 8 of 10 PAD10018 (01112101) OKI885PG4463 r `f Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrutent executed by Borrower in connection with the Note or Security Instrument. 32. Qecical Error. In the event [ender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-execute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 33. Lost Stolen, Destroyed or Mutilated Security bat rument sad Odw Doc timents. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon Borrower's receipt of an indemtufication executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 34. Assigomast of Rears. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 35. Riders to this Security lnatrumeat. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) 0 Adjustable Rate Rider ? Condominium Rider ? 14 Family Rider ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Rider ? Other(s) (specify) ? Page 9 of 10 PAD10019 (01/12/01) BKt885PG4464 Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) Borrower (Seal) -Borrower (Seal) (Sew) N L CASEY -Borrower -Borrower (Sea) (See!) -Borrower -Borrower Certificate of Residence do hereby certify that the correct address of L V the within-named M1 FOUNTAIN PLAZA 6TH FL, BUFFALO, NY 14203 Witness my hand this r}? day of&i1 &'L'j ?X?/ , gent of Mortgagee ealn&rla OOMMONWEALTH OF PENNSYLVANIA, n dCo? ss: On this, the C9 C- ;L- day of before me, the undersigned officer, personally appeared Dan ?- . eauA known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL ANGELA J. WEVOOrw, NOTARY PUBLIC My Commission Expires: LOWER PMXTON TOWNSIa orwPm totw"y MY CONNI8810N EXPIRiES MAY 12, 20f1 Title of Officer Page 10 of to PAD 10020 (01/12/01) BK ! 885PG4465 ( "( i EXHIBIT "A" ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Lintner, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly of Harry J. Lintner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of- way as shown on said Plan, North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over and above described premises for the owners of Lots 1, 2 and 3 as shown on said Plan. CONTAINING a total lot area of 3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No. 3 on the Final Subdivision Plan for Marlyn E. Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING the same premises which Marilyn E. Casey and Helen J. Casey, by deed dated December 11, 1991, recorded December 13, 1991, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book K35, Page 1047, granted and conveyed unto Don L. Casey and Marylynn Casey, his wife. BEING the same rem' es which Don L. Casey and Marylynn Casey, his wife, by deed dated C recorded , in the Office of the Recorder of Deeds in an for Sunberland County, Pennsylvania, in Record Book , Page , granted and conveyed unto Don L. Casey. BK1885PG4466 2 ? 1 Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made October 22, 2004 ' and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to M & T MORTGAGE CORPORATION, A NEW YORK CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1471 PINE RD, CARLISLE, PA 17013-7923 [Property Addreasl j THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE IIVTERm RATE AND THE MONTHLY PAYMENT. THE NOTE LA4ITTS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: The Note provides for an initial interest rate of 7.250% . The Note provides for changes in the interest rate and the monthly payments, as follows: ' i 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) (flange Dates The interest rate I will pay may change on the first day of November 01 2006 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The hxkx Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the i "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of changes Before each Change Date, the Note Holder will calculate my new interest rate by adding FOUR AND 90/100 percentage point(s) ( 4.9 0 0 % ) to the Current Index. The Note Holder will then round the result of this addition to the next higher one-eighth of one percentage point (0.125 fib). Subject to the limits stated in Section 4(D) below, this rounded amount will ! MULTWATE ADRWASLE RATE RIDER-UMR INDEX - Sb*k Family Page 1 of 3 USR10021 (02-23-99) BKI885PG4467 Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.250% or less than 7.250% . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding six months. In no event will my interest rate be greater than 13.250% or less than 7.250% (L) Effective Dare of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. TRANSFER OF THE PROPERTY OR A BENEFICIAL QVTEREST IN BORROWER Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Bcnc&aI Inters- in Bon rcr. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Brut rr ATE AWMABIE RATS RHXR mots Wrnmc-saw Fkndly Page 2 of 3 USR10022 (02-23-99) BKI885PG4468 tir Loan Number: 231057354 Servicing Number: 001450048-2 Date: 10/22/04 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. JJ (?) (Seal) DON L CASEY () (Seal) i i {Seal) (Seal) I Certify this to be recorded In Cumberland County PA r? ?: • Y ? \1 Recorder of Deeds Page 3 of 3 USRI=3 (02-23-99) BKt885PG4469 4 vW , Loan Nngrber: 231057354 Servicing Number: 001450048-2 8 Date: 10/22/04 ADJTJSI.ABL.E RATE NOTE TRUE AND CERTIFIED COPY (LIBOR Indent - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING POR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIlAM THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. 1471 PINS RD, CARLISLE, PA 17013-7923 [Property Addnml 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $119,600.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is M 6 T MORTGAGE CORPORATION, A NEW YORK CORPORATION I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. IIVIEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. Interest will be calculated on the basis of a 12-month year and a 30-day month. I will pay interest at a yearly rate of 7.2503 The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on December 01 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on, November 01 1 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.- I will matte my monthly payments at M & T MORTGAGE CORPORATION P.O. BOX 4009, BUFFALO, NY 14240-9898 or at a different place if required by the Note Holder. (8) Amwmt of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $815.88 This amount may change. (C) May Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I inust pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (D) Application of Paynmu payments received by the Note Holder will be applied in the following other: (i) prepayment charges due under this Note; (ii) amounts payable under paragraph 2 of the Security Instsvment (defined below); (iii) interest due under this Note; (iv) principal due under this Note; and (v) late charges due under this Note. 4. IN'113 EST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The interest rate I will pay may change on the first day of November 01 , 2006 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding FOUR AND 90/100 p-from tage point(s) ( 4. 900% ) to the Current Index. The Note Holder will then round the result of this addition to the next higher one-eighth of one percentage point (0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. P MNMVANIA A WWASZ RATE NarB4, M RUM - smdte Foo ft P.ge t ors PAh170021.ap(02-08.02) ?xE-?iBtr c ,r '*'-k < Loan Number: 231057354 ? Servicing Number: 001450048-2 • Date: 10/22/04 (D) Limits on hum Rate Chattgra The interest rate I am required to pay at the first Change Date will not be greater than 10.250% or less than 7.250% . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.096) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.250V or less than 7.250W (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (I) Notice of Changes The Note Holder will deliver or mw to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question d may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due, together with accrued interest. A payment of principal only is known as a 'prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If 1 matte a partial prepayment, there will be no changes in the due dates of my monthly payments unless the note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. If within 24 Months from the date of execution of the Security Instrument I make a full prepayment or, in certain cases a partial prepayment, t will a[ the same time pay w the Note Holder a prepayment charge. The prepayment charge will be equal to six (6) months advance interest on the amount of any prepayment that, when added to all other i amounts prepaid during the twelve (12) month period immediately preceding the date of the prepayment, exceeds twenty percent (20%) of the original principal amount of this Note. Notwithstanding the foregoing, h will not be required to pay a prepayment charge to the Note Holder if the original principal amount of the Note is $50,000 or less. In no eventwill such a charge be made unless it is authorized by state or federal law. 6. LAAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any stuns already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe tinder this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAQ.URE TO PAY AS REQUIRED (A) Late tahages for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Debhtlt If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. If 1 am in default, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all interest that 1 owe on that amount, together with any other charges that 1 owe under this Note or the Security Instrument, except as otherwise required by applicable law. (C) No Waiver by Note Hotdar Even if, at a time when I am in defaWt, the Note Holder does not require the to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (D) Payment of Note Holder's Coats and Expenses If the Note Holder has required rite to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, whether or not a lawsuit is filed. Those expenses include, for example, reasonable attorneys' fees. a. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Hodder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Pane 2 of 3 PANT6=.wp (02-06-02) 4 1* '1 Loan Number: 231057354 • Servicing Number: 001450048-20 Date: 10/22/04 10. WArVW I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" [nears the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. it. SWIM NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage. Deal of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Now Holder from possible losses which might result if I do not key the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to [[take immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Traoafa of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Leader information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instnnent is acceptable to Leader. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If tender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or trailed within which Borrower [trust pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Larder may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ` (seal) (Seal) Dar L CRSEY -Borrower Borrower (SW) (Seal) .Borrower -Borrower (seal) (seat> -Borrower -Borrower [Sign Original Only) Page 3 of 3 PAN71)023.wp (02-08.02) J Loan Number: 231057354 10ervicing Number: 001450048-2 0 Date: 10/22/04 ALLONGE TO NOTE (CORONE LENDER) This allonge makes reference to the following Note: I Borrowers: DON L CASEY Loan #: 231057354 Property Address: 1471 PINE RD, CARLISLE, PA 17013-7923 Loan Amount: $119, 6 0 0. 0 0 Note Date: 10/22/04 Therefore, in reference to the captioned note, the following applies: Pay to the order of: OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION Without Recourse By: M & T MORTGAGE CORPORATION, A NEW YORK CORPORATION Authorized Signer's Name Print Signer's Name Print Signer's Title Page i of 1 USD3051.wp{09-024)4) I VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, and that he is authorized to take this Verification on behalf of the Plaintiff. Plaintiff is outside the jurisdiction of the court and the verification to the Motion for Reassessment of Damages cannot be obtained within the time allowed for the filing the pleading. The statements made in the foregoing Motion for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The source of matters, not within the personal knowledge of counsel, is the business records of Plaintiff. These records are retained in the ordinary course ofbusiness of Plaintiff and the entries are made near in time to the events to which they refer. 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. By: Mark J. U Plaintiff Dated: 4^41 A 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 ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff V. Don L. Casey United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES As a result of a Bankruptcy Stay and/or the passage of time, or both, Plaintiff has requested adjustment of the in rem Judgment as set forth in its Motion to properly reflect the sums now due Plaintiff. Those sums reflect additional interest, late charges, escrow deficit (which may reflect insurance payments and taxes paid), and additional costs of suit, all of which are authorized by the loan documents, true and correct copies of which are attached to the Motion. It has been held that judgments bear interest from the time obtained or until, at least, time of sale or until satisfaction can be made. Interest is a legal incident of every judgment. Koolvent Aluminum Awning Co v. City of Pittsburgh, 192 Pa. Super. 650, 653, 162 A.2d 256, 257 (1960). A contract for post judgment rate above the so-called statutory rate of 6% per annum is allowable. Sicari v. Baruam, et.al. 43 D. & C. 3d. 647 (1986, C.C.P. of Somerset County, Pa.) With regard to the pre judgment and post judgment interest being claimed herein, Plaintiff is charging the contract rate of interest per the terms of the Mortgage (paragraph 27) and Note 400. i documents. See, Exhibits "B" (Mortgage) and "C" (Note) attached hereto. The pertinent paragraphs of the Mortgage and Note are highlighted. Escrow overdraft (property taxes and property insurance), property inspection (the protection of the secured interest of the Plaintiff by a checking of the Property to make sure it is not vacant, and if vacant, has not been broken into) and Foreclosure Costs are allowable pursuant to the terms of the Mortgage and Note as highlighted. Reasonable attorney fees with regard to a collection action in mortgage foreclosure are allowable pursuant to paragraph 21 of the Mortgage. The Pennsylvania Courts have concluded that as much as 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees, and that such amount is enforceable. See, Federal National Mortgage Association v. U.S.A., 33 Pa. D. & C. 3d. 152,156 (1982); Federal Land Bank of Baltimore v. Fetner, 269 Pa. Super. 455, 410 A. 2d. 344 (1979). Under the circumstances in the case, considering the additional efforts Plaintiff has been forced to pursue to recover what is due, the attorney's fees recited herein are reasonable. Therefore, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed in the amount of $144,238.61, as set forth hereinabove. Respectfully submitted, UDREN LAW OFFICES k.C. By: Mark PUdre4, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE I Plaintiff V. Don L. Casey United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiff s Motion for Reassessment of Damages and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: M" I y 12 ?U TO: Don L. Casey 1471 Pine Road Carlisle, PA 17013 UDREN LAW OFFIC , .C. By: Mar . Udren squire Attorney for Plaintiff "L - r, [ , ?-? _ eLL: ! ,. , ?, z __. ? ? ., -_ , '? --?: 4WI- r, UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE I Plaintiff V. Don L. Casey United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term AMENDMENT TO MOTION FOR REASSESSMENT OF DAMAGES 1. A Judge has not ruled upon any other issue in this or a related matter, and there is no other issue before a Judge to be ruled upon. 2. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. Respectfully submitted, UDREN LA OFFICES, P. BY: Mark J. Udren, Esquire Attorney for Plaintiff t ..•t. ?:' Q ?? ? ??-::. ?? S?"' ?? .?? f c ? MARX J. UDREN* STUART WINNEG** GAYL SPIVAK*** HEIDI R. SPIVAK*** MARISA JOYCOHEN*** LORRAINE DOYLE** ALANM. MINATO*** .ADMITTED ALSO RV PA AND FL **ADM=D ONLYIN PA **.ADMITTED ALSO INPA TINA MARIE RICH OFFICEADMINMTRATOR May 29, 2007 UDREN LA W OFFICES, A C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX: 856. 669. 5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PENNSYLVANL9 OFFICE 215-568-9500 PLEASE RESPOND TO NEW JERSEY OFFICE Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005- HE I VS. Don L. Casey United States of America Cumberland County CCP No. 06-4786 Civil Term To whom it may concern: Enclosed for filing please find Amendment To Motion For Reassessment Of Damages in connection with the above captioned matter. I have enclosed a copy of the first page of the Amendment To Motion to be time stamped and returned in the enclosed self addressed stamped envelope. Thank you for your assistance with this matter. Sincerely, MARK J. UDREN & ASV30CIATES By. %\ J x/.-11 Mark J. Udren, Esqui Attorney for Plaintiff /nrl Enclosures MAY 16 2007 ''" UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY T.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEI Plaintiff V. Don L. Casey United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term RULE TO SHOW CAUSE AND NOW, this r day of , 2006 upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; 2. The Respondent may file an Answer to the Petition on or before ..20 ; 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; eposi ions s a o ouse; an hall be provided to all parties by the Petitioner. BY THE COURT: / V !I'•i r1 c ! : E I v e- tmr Loot CITH • UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Don L. Casey United States of America Defendant NO. 06-4786 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, by its Attorney, Mark J. Udren, Esquire, moves for a Rule Absolute, thereby granting Plaintiff the relief prayed for in its Motion for Reassessment of Damages and in support thereof, avers as follows: 1. A Motion for Reassessment of Damages , together with a Rule to Show Cause why said Motion should not be granted was filed by counsel for Plaintiff on May 15, 2007. 2. The Rule to Show Cause was entered on June 8, 2007 with a Rule Returnable date of June 29, 2007. A true and correct copy of the Rule is attached hereto as Exhibit "A". 3. To the best of Plaintiff's knowledge, information and belief, no response was filed or any objections interposed by any of the served parties, attorneys , and/or interested persons. Therefore, no cause has been shown as to why the relief prayed for in said Motion for Reassessment of Damages should not be granted. 4. The Rule to Show Cause should be made Absolute and the relief prayed for in the Plaintiff's Motion for Reassessment of Damages should be granted. I .. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order making the Rule Absolute and therefore grant the relief prayed for in its Motion for Reassessment of Damages. Respectfully submitted, UDREN W OF ES, P.C. By: Mark J. U ren, re Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 MAY 1$ 2007 OW ATTORNEY FOR PLAINTIFF 856-669-5400 Wells Fargo Bank, N.A., as Trustee for COURT OF COMMON PLEAS ABFC Asset-Backed Certificates, Series 2005-HEI CIVIL DIVISION Cumberland County Plaintiff V. Don L. Casey United States of America Defendant(s) NO. 06-4786 Civil Term RULE TO SHOW CAUSE AND NOW, this Y+h day o , 20077 upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; 2. The Respondent may file an Answer to the Petition on or before 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure/166.7; gument shall be held on , 20 , in C m ,of the Cumberland County Courthouse; and K µ 6. s er s e prove to p es I j BY TH COURT: 5 . J. M1131TA VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing motion To Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: UDREN LAW OFFICES, P.C. By: Mark ren, Es e Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-482-6900 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 :Cumberland County Plaintiff V. Don L. Casey United States of America :NO. 06-4786 Civil Term Defendant CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Motion to Make Rule Absolute upon the following person named herein at their last known address or their attorney of record. xxxxxx Date Served: TO: Don L. Casey 1471 Pine Road Carlisle, PA 17013 Regular First Class Mail Certified Mail Other (certificate of mailing) UDREN LAW OFFICES, P.C. By: U/k Mark J. Udren, N?quire Attorney for Plain iff ? ? d -? ? ?- ' c? ?? ? ? c: n ? ,.., .. <?:: ? a ?, tom;-_ __ -?. ?, ''? .-, ??. ?? ?,', a QUL 112007 Af UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-482-6900 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County Plaintiff V. Don L. Casey United States of America :NO. 06-4786 Civil Term Defendant ORDER AND NOW, to wit, this `" day of T?16 , 20;J7 , upon consideration of Plaintiff's Motion for Reassessment of Damages, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on June 8, 2007, Returnable June 28, 2007 is hereby made Absolute. It is further ORDERED that: the Prothonotary is ORDERED to reassess the damages, in rem, in the amount of $144,238.61 as more particularly set forth below: Principal of debt due and unpaid Interest at 7.25 % from 3/1/06 to 10/31/06 Interest at 10.25% from 11/1/06 to 3/30/07 (the per diem interest accruing on this debt is $33.15 and that sums should be added each day after 3/30/07) Escrow Overdraft (Taxes/Insurance) Unpaid Late Charges (monthly late charge of $48.95 should be added on the fifteenth of each month after 3/30/07) Property Inspections Brokers Price Opinion $118,037.53 $5,705.12 $5,027.39 $6,501.35 $729.61 $76.80 $170.00 Suspense Balance ($2.12) NZ „p :c ?- a .q rd c- Q - 14130 .I, Foreclosure Costs To Date Reasonable Attorneys Fees (anticipated and actual to 5t of principal) TOTAL BY THE COURT: ---/ CA -/- J. $2,091.05 X5,901.88 $144,238.61 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Attorney I.D. No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Attorney for JPMorgan Chase Bank, N.A. Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants PETITION TO INTERVENE Petitioner, JPMorgan Chase Bank, N.A., by and through its attorneys, Phelan Hallinan & Schmieg, respectfully requests to intervene in this eminent domain proceeding pursuant to Pa. R.C.P. 2327 and 2328 and in support thereof avers as follows: 1. On July 5, 2005, Defendant executed a mortgage in favor of Petitioner in the amount of $19,600.00, which is junior in lien to that of Plaintiff. 2. On June 9, 2006, Petitioner filed a Complaint in Mortgage Foreclosure against Defendant for his failure to tender timely monthly mortgage payments due January 15, 2006 and each month thereafter. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit A. 3. An in rem judgment was issued in favor of Petitioner on July 26, 2006. A true and correct copy of the judgment is attached hereto, made part hereof, and marked as Exhibit B. 4. On or about October 13, 2006, an in rem judgment was also issued in favor of Plaintiff, Wells Fargo Bank N.A., as Trustee for ASBC Asset-Backed Certificates, Series 2005- HE1, in the above-referenced mortgage foreclosure action. Pursuant to a Writ of Execution issued on October 20, 2006, the premises at 1471 Pine Road, Carlisle, PA 17013 (hereinafter "Subject Premises") was sold at Cumberland County Sheriff's sale on July 11, 2007. 6. As a junior lien holder, Petitioner, JPMorgan Chase Bank, N.A. intended to place a bid on the Subject Premises at the July 11, 2007 Cumberland County Sheriff s sale. Petitioner's counsel informed Plaintiff s counsel on July 2, 2007 that it intended to bid on the property at the July 11, 2007 Sheriff's sale. A true and correct copy of the email exchange is attached hereto, made part hereof, and marked as Exhibit C. 7. On July 9, 2007, counsel for Plaintiff informed counsel for Petitioner in writing that the July 11, 2007 sale of the Subject Premises was postponed to August 8, 2007. See Exhibit C. 8. However, unbeknownst to either Petitioner or its counsel, the Subject Premises were in fact exposed to the July 11, 2007 Sheriff's sale and sold to the successful third-party bidders, James Goodhart and Susan I. Houghton. 9. Petitioner was not made aware that the property was being sold on July 11, 2007, and as such, was denied the opportunity to bid on the Subject Premises and preserve its interest in the property. 10. Upon completion of the sale proceedings to the third-party bidders, Petitioner's junior lien was divested by operation of law. 42 Pa.C.S.A. §8152(c). 11. Petitioner has a right to bid on the Subject Premises to protect its interest in the collateral for its mortgage loan. 12. Petitioner has been improperly excluded from bidding on the property to which it is junior in lien. 13. Petitioner must request to have the prior sale set aside so that all interested parties are given the opportunity to bid on the property. 14. Therefore, Petitioner requests the Court to confer on it the status of intervener. 15. In accordance with Cumberland County Local Rule 208.3(9), Intervener sent a copy of its proposed Petition to Intervene and Order to all interested parties on August 3, 2007 and requested their concurrence. 16. Counsel for third party purchasers, James Goodhart and Susan I. Houghton have advised that they are opposed to this Motion. 17. The Sheriff's Office has advised that it neither concurs or opposes the Petition. 18. To date, Intervener has not received a response from any of the other parties. A true and correct copy of Intervener's letter pursuant to Local Rule 208.3(9) and FedEx mailing receipts are attached hereto, made part hereof, and marked as Exhibit C. WHEREFORE, Petitioner respectfully requests this Honorable Court grant the instant Petition to Intervene. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 1 0 By: Jose h P. chalk, Esquire Atto ey for JPMorgan Chase Bank, N.A. PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Attorney I.D. No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Attorney for JPMorgan Chase Bank, N.A. Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff vs. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term BRIEF IN SUPPORT OF PETITION TO INTERVENE 1. FACTUAL BACKGROUND JPMorgan Chase Bank, N.A. incorporates herein by reference the averments of its Petition to Intervene as if set forth herein at length. II. LEGAL AUTHORITY Pa. R.C.P. 2327 specifies that, at any time during the pendency of an action, a person not a party to the action may be granted leave to intervene therein if: (1) the entry of judgment in such action or the satisfaction of such judgment will impose any liability upon such person to indemnify in whole or in part the party against whom the judgment may be entered; or (2) such person is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof; (3) such person could have joined as an original party in the action or could have been joined therein; or (4) the determination of such action may affect any legally enforceable interest of such person whether or not such person may be bound by a judgment in the action. Pa. R.C.P. 2327. In the instant case, JPMorgan Chase Bank, N.A. (hereinafter "Chase") should clearly be granted leave to intervene in the instant proceedings pursuant to Pa. R.C.P. 2327(2) for the following reasons. JPMorgan Chase Bank, N.A. is plainly a party who is "so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or an officer thereof' as specified by 2327(2). Chase was not given the opportunity to bid on the property to which it is junior in lien, and thus the lien was divested. 42 Pa.C.S.A. §8152(c). The distribution of a property which was "in the custody" of the Court and sold at the July 11, 2007 Cumberland County Sheriff's Sale adversely affects the interests of JPMorgan Chase Bank, N.A. If Chase is not permitted to intervene in this action, its interest in the collateral for its mortgage loan may be lost. WHEREFORE, Petitioner respectfully requests this Honorable Court grant the instant Petition to Intervene. Date: F3 1?1 b? By: VSchalk, Esquire for JPMorgan Chase Bank, N.A. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP vcw-o-118 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134594 !P MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI14030 MILWAUKEE, WI 53202 V. DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 CZ o Mri s n3 _ ' F; ATTORNEY FOR PLAIM ?IF F F:%3 -4 , cn w COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. tL --329S CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE W.- 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 fling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 We hereby certify the within to be a true anti correct copy of our invoice i A fTORNV FILE CWT PUFFASir Ri"'ll'k hr V 'zr P PL?Ak f1?_ File #: 134594 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134594 JP MORGAN CHASE BANK, N.A. 11 I E. WISCONSIN AVE 6TH FLOOR, W11-4030 MILWAUKEE, WI 53202 Plaintiff V. DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You-are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 134594 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 11: 134594 1. Plaintiff is JP MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WII-4030 MILWAUKEE, WI 53202 2. The name(s) and last known address(es) of the Defendant(s) are: DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/05/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1915, Page: 3323. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 A 5/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File !l: 134594 6. The following amounts are due on the mortgage: Principal Balance $19,481.65 Interest 1,004.50 12/15/2005 through 06/07/2006 (Per Diem $5.74) Attorney's Fees 1,250.00 Cumulative Late Charges 100.00 07/05/2005 to 06/0712006 Cost of Suit and Title Search 550.00 Subtotal $ 22,386.15 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 22,386.15 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 22,386.15, together with interest from 06/07/2006 at the rate of $5.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134594 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J. Litter, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos.2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of--way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots 1, 2 and 3 as shown on said Plan. CONTAINING a total lot area of 3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No. 3 on the Final Subdivision Plan for Marlyn E. Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and MaryLynn Casey, his wife, by Marlyn E. Casey and Helen J. Casey, his wife, by deed dated December 11, 1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PROPERTY BEING: 1471 PINE ROAD File #: 134594 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLARTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R, C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ,? /)V-, - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff' DATE: -? u O E PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19703-1814 x151 563-7000 JP MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE CUMBERLAND COUNTY 6TH FLOOR, WIl-4030 COURT OF COMMON PLEAS MILWAUKEE, WI 53202 CIVIL DIVISION Plaintiff, y. NO. 06-3295 DON L. CASEY AWA CASEY RENTAL 7t•i..?.??' • f Il??; ?" rl ?: r? Defendant(s). r ' rii rT__ rZ• rr r: ; PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT-OF DAMAGM ;. T TO THE PROTHONOTARY: ?U ;, Kindly enter an in rem judgment in favor of the Plaintiff-and against DONL. CASEY A/K+/A CASEY RENTAL. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and *for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 618106 to 7/24/06 TOTAL $22,386.15 $269.78 $22,655.93- I hereby certify that (1) the.addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTORNEY FILE COPY DANIEL G. SCHMIE , ESQUIRE PLEASE RETURN Attorney for Plaintiff DAMAGSARE HEREBY ASSESSED AS INDICATED. DATE tA 1% P RO EXHIBIT C Message Page 1 of 2 Elizabeth Hallinan From: Hiller, Jennifer [JHiller@UDREN.com] Sent: Monday, July 09, 2007 11:53 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 oomc In#82 - sale is being pp to 8/8/07 Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdatesOudren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalation@udren.com -----Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 09, 2007 9:31 AM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Good morning, Just your new sale date. And Option One's loan number. Thanks. -----Original Message----- From: Hiller, Jennifer [mailto:JHiller@UDREN.com] Sent: Monday, July 09, 2007 11:22 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth sorry I didn't get back to you sooner our sale is going to be postponed..let me know if you still need the other information... 7/10/2007 . Message Page 2 of 2 Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax #*:gAI334Vse make a note of our new address. Please be advised if you need a status on a file you can email statusupdates@udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationludren.com -----Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 02, 2007 11:25 AM To: Hiller, Jennifer Subject: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jan - Can you please provide me with Option One's loan number? Our client wants to bid at your sale, but is requesting a payoff first. Also, please send me your upset price when available. Thanksl Thank you, Elizabeth Sallinan Bidding Department Phelan Hallinan & Schmieg, LAP 1617 JFK Boulevard - Suite 1400 Philadelphia, PA 19103 Automated Attendant: 215-320-0007 ext. 1420 Operator Assisted: 215-563-7000 ext. 1420 Fax: 215-563-8656 7/10/2007 t. EXHIBIT D r, PHELAN HALLINAN SCHMIEG 107 N. Front Street Suite 115 Harrisburg, PA 17101 215-563-7000 x 7365 Fax: 717-234-1549 Email: joseph.schalk@fedphe.com Joseph P. Schalk, Esquire Representing Lenders in Pennsylvania & New Jersey VIA OVERNIGHT MAIL August 3, 2007 Don L. Casey United States of America Mark J. Udren, Esquire 1471 Pine Road 228 Walnut Street Woodcrest Corporate Center Carlisle, PA 17013 P.O. Box 11754 111 Woodcrest Road, Suite 200 Harrisburg, PA 17108 Cherry Hill, NJ 08003 James Goodhart Susan I. Houghton Susan J. Hartman, Esquire 443 Adams Road 443 Adams Road 1 Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013 RE: Wells Fargo Bank, N.A., et al. v. Don L. Casey Cumberland County CCP, No. 064786-Civil Term Dear Parties, Please be advised that Second Mortgagee, JPMorgan Chase Bank, N.A., intends to file the enclosed Petition to Intervene. Please advise if you concur or if you are opposed to the filing of this Petition within five (5) days of the date of this letter. If I do not receive a response from you within the five (5) days, I will file the enclosed Petition with the Prothonotary of Cumberland County. 9S/j y truly youurs,p . Schalk, Esquire cc: Sheriff of Cumberland County * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. . Front-Office Integration • User: Joseph Devlin " w ii 215-583-7000 Awn Version Litigation 5 23 1 . . Routing Slip - DOMESTIC SHIPMENT - Route to Mafiroom forprocessing Page I of 1 ?04* Package ID: Sender's Information: Sender's Name: Joseph Devlin Litigation Building/Location: Cost Center: - Recipient's Information: Name: Don L. Casey Company: - Addressl: 1471 Pine Road City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: Weight: 0 Mail Center Instructions: none "83200770-237-109* Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone #: 215-563-7000 Sender Email: j oseph . devlinof edphe . com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - No Signature Service Type: NULL This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. O 1995-2008 Federal Express Corporation. http://fdxl/Add-Shipment.asp?CustomerCode=&AddressBookType= 8/3/2007 • Front-Office integration p. Version ?i 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom forprocessing PackagelD: *83200784-1430-488" Sender's Information: Sender's Name: Joseph Devlin Building/Location:Litigation Cost Center: - Recipient's Information: Name: United States of America c/o U.S. Attorney's Company: office Addressl: 226 walnut Street City: Harrisburg Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail. Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Page I of 1 Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: Suite 220 State: PA Zip: 17108 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL Thls site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express Corporation. http://fdx 1/Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/3/2007 Front-Office integration User: Joseph Devlin 215563-7000 1n Version Utlgaibn 'w..'' 1 E E ?` on5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing Package ID: '`83200772-435-210" Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: Mark J. Udren, Esquire Company: Mark J. Udren & Associates AddreSsl: 111 Woodcrest Road City: Cherry Hill Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery. No Weight: 0 Mail Center.lnstructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone #: 215-563-7000 Page 1 of 1 ?M* Sender Email: joseph.devlin@fedphe.com Address2: Suite 200 State: NJ Zip: 08003 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL 24 L$ IOWA This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. 0 1995-2006 Federal Express Corporation. http://fdx l /Add-Shipment.asp?CustomerCode=&AddressBookType=&PageFrom=AddShip... 8/3/2007 Front-Office Integration nt:Qff I in tion 5.23. Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: 1111111 1 *83200773-59-776* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: James Goodhart Company: - Addressl: 443 Adams Road City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Page 1 of I %4* Phone #: 215-563-7000 Sender Email: joseph.devlinefedphe.com Address2: - State: PA Zip: 17013 Shippate: 8/3/2007 Account Number: - Signature Service Type: NULL v tits r YS? 1111?:t r6 ki ?, ??.4 C '.:. This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express corporation. http://fdx l/Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/3/2007 Front-Office Integration P version 5.23.1 Routing Slip - DOMESTIC SHIPMENT Route to Mailroom for processing Page 1 o€1 PackagelD: Sender's Information: Sender's Name: Joseph Devlin *83200774-534-930* Building/Location: Litigation Cost Center: - Recipient's Information: Name: Susan I. Houghton Company: - Addressl: 443 Adams Road City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone#: 215-563-7000 Sender Email: Joseph. devlinefedphe. com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - No Signature Service Type: NULL This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. 0 1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType=&P ackageID=8320077... 8/3/2007 Front-Office Integration i tlorL Version ?i i 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing maul mom mom PackagelD: 111111111-1111111 ''83200775-718-496* Sendees Information: Sender's Name: Joseph Devlin Building/Location:Litigation Cost Center: - Recipient's Information: Name: Susan J. Hartman, Esquire Company: - Addressl: 1 Irvine Row City: Carlisle Package Information: Service Type: FedEx Standard overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Page I of I So%, Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express Corporation. http://fdx l /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/312007 . Front-Office Integration rant raVersion 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: '83200776-84-142* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Sheriff of Cumberland Name: County Cumberland County Company: Courthouse Addressl: One Courthouse Square City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone #: 215-563-7000 Page I of I Sbmv Sender Email: joseph.devlin@fedphe.com Addressl: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL This site is protected by copyright and trademark laws under U.S. and International law. A I rights reserved. ®1995-2006 Federal Express Corporation. http://fdxl /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/3/2007 VERIFICATION Joseph P. Schalk, Esquire hereby states that he is the Attorney for JPMorgan Chase Bank, N.A. in this matter, that he is authorized to make this Verification, and that the statements made in the foregoing Petition to Intervene are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: 8 14 o By: uire alk, Esq Atto ePMorgan Chase Bank, N.A. Josep tforcl PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Attorney I.D. No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Attorney for JPMorgan Chase Bank, N.A. Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Petition to Intervene and Brief in Support thereof were served via first class mail on the following interested parties on the date indicated below. Mark J. Udren, Esquire United States of America Sheriff of Cumberland County Woodcrest Corporate Center 228 Walnut Street Cumberland County. Courthouse 111 Woodcrest Road, Suite 200 P.O. Box 11754 One Courthouse Square Cherry Hill, NJ 08003 Harrisburg, PA 17108 Carlisle, PA 17013-3387 Don L. Casey Susan Hartman, Esquire James Goodhart 1471 Pine Road 1 Irvine Row Susan I. Houghton Carlisle, PA 17013 Carlisle, PA 17013 443 Adams Road Carlisle, PA 17013 g) Ig o? By: I? Llzd= Date Jose h P. chalk, Esquire Atto ey for JPMorgan Chase Bank, N.A. r? r? ?? ? - ?:? ? -n _. ? _ - . ? , , r;1 :e ,; Y?. -;, ?.. ?' ....,..1 "G. PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Attorney for JPMorgan Chase Bank, N.A. Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff vs. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term JPMORGAN CHASE BANK, N.A.'S MOTION TO SET ASIDE SALE Comes Now, JPMorgan Chase Bank, N.A. (hereinafter "Intervener"'), by, and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside 1 Simultaneously with filing this Motion to Set Aside the Sale, JPMorgan Chase Bank, N.A. has filed its Petition to Intervene. the July 11, 2007 Sheriff's sale of the property located at 1471 Pine Road, Carlisle, PA 17013 (hereinafter "Subject Premises") and in support thereof avers as follows: Defendant executed a Mortgage in favor of Intervener on July 5, 2005, which is junior in lien to Wells Fargo Bank, N.A.'s mortgage. 2. JPMorgan Chase Bank, N.A. filed its Mortgage Foreclosure Complaint against the Defendant, Don L. Casey, on June 9, 2006 at Cumberland County CCP No. 06-3295 Civil Term, as its mortgage executed by the Defendant on July 5, 2005, was in default for failure of the Defendant to tender monthly mortgage payments due January 15, 2006 and each month thereafter. A true and correct copy of Intervener's Complaint is attached hereto, made part hereof and marked as Exhibit A. 3. An in rem judgment was entered in favor of Plaintiff, Wells Fargo Bank N.A., as Trustee for ASBC Asset-Backed Certificates, Series 2005-HE1 (hereinafter "Plaintiff'), in the above-referenced mortgage foreclosure action on or about October 13, 2006. Upon information and belief, said judgment was reassessed to $144,238.61 by Court Order dated July 11, 2007. 4. Pursuant to a Writ of Execution issued on October 20, 2006 to enforce the judgment, the mortgaged premises located at 1471 Pine Road, Carlisle, PA 17013 was scheduled for the July 11, 2007 Cumberland County Sheriff's sale. 5. Intervener intended to bid on the Subject Premises at Plaintiff's Sheriff Sale. 6. Intervener's counsel informed Plaintiff's counsel on July 2, 2007 in writing that it intended to bid on the property at the July 11, 2007 Sheriff's sale. A true and correct copy of the email correspondence is attached hereto, made part hereof, and marked as Exhibit B. 7. On July 9, 2007, counsel for Plaintiff informed counsel for the Intervener in writing that its July 11, 2007 Sheriff's Sale would be postponed to August 8, 2007. A true and correct copy of e-mail correspondence amongst members of the law firm representing Plaintiff and Intervener is attached hereto, made part hereof, and marked as Exhibit B. Unbeknownst to Intervener or its counsel, the Subject Premises were in fact exposed at the July 11, 2007 Sheriff's Sale and the Subject Premises were sold to James Goodhart and Susan I. Houghton, who were the successful third party bidders at the sale. 9. As such, since the Intervener was not aware that the Subject Premises were being exposed at the July 11, 2007 Sheriff s Sale, it was denied the opportunity to bid on the Subject Premises and hence, upon completion of the sale proceedings, its junior lien was divested by operation of law. 42 Pa.C.S.A. §8152(c). 10. Equity mandates that the sale be set aside so that all interested parties may have the opportunity to bid on the Subject Premises. 11. If the Sheriff's sale is not set aside, Intervener JPMorgan Chase Bank, N.A. would lose its collateral for the mortgage loan. Its mortgage would be divested, causing severe and irreparable harm to Chase. 12. By contrast, the Sheriff s sale purchasers would not be harmed by setting aside the sale, as the Sheriff would refund their deposit money. 13. It would be a miscarriage of justice to allow the sale to stand, after Plaintiff's counsel represented that the Sheriff's sale would be postponed and Intervener's counsel justifiably relied on that representation, to its detriment. 14. In compliance with Cumberland County Local Rule 208.3(a)(2), Intervener avers that the Honorable Kevin A. Hess entered an Order Reassessing Damages on July 11, 2007. 15. In accordance with Cumberland County Local Rule 208.3(9), Intervener sent a copy of its proposed Motion to Set Aside Sheriff's Sale and Order to all interested parties on August 3, 2007 and requested their concurrence. Counsel for third party purchasers, James Goodhart and Susan I. Houghton have advised that they are opposed to this Motion. 16. To date, Intervener has not received a response from any of the other parties. A true and correct copy of Intervener's letter pursuant to Local Rule 208.3(9) and FedEx mailing receipts are attached hereto, made part hereof, and marked as Exhibit C. WHEREFORE, Intervener respectfully requests that this Honorable Court enter an Order setting aside the July 11, 2007 Sheriff s sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: $ I)q D? By: TIA4 Jose h P. chalk Es uire q Atto ev for Intervener PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Attorney for JPMorgan Chase Bank, N.A. Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term vs. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants BRIEF IN SUPPORT OF INTERVENER'S MOTION TO SET ASIDE SALE 1. FACTUAL BACKGROUND An in rem judgment was entered in favor of Plaintiff, Wells Fargo Bank N.A., as Trustee for ASBC Asset-Backed Certificates, Series 2005-HE1 (hereinafter "Plaintiff'), in the above-referenced mortgage foreclosure action on or about October 13, 2006. Upon information and belief, said judgment was reassessed to $144,238.61 by Court Order dated July 11, 2007. Pursuant to a Writ of Execution issued on October 20, 2006 to enforce the judgment, the mortgaged premises located at 1471 Pine Road, Carlisle, PA 17013 was sold to James Goodhart at the Cumberland County Sheriff's sale held on July 11, 2007. Defendant executed a Mortgage in favor of JPMorgan Chase Bank, N.A. (hereinafter "Intervener") on July 5, 2005, which is junior in lien to Wells Fargo Bank, N.A.'s mortgage. Intervener filed its Mortgage ' Foreclosure Complaint against the Defendant, Don L. Casey, on June 9, 2006 at Cumberland County CCP No. 06-3295 Civil Term, as its mortgage executed by the Defendant on July 5, 2005, was in default for failure of the Defendant to tender monthly mortgage payments due January 15, 2006 and each month thereafter. A true and correct copy of Intervener's Complaint is attached hereto made part hereof and marked as Exhibit A. Intervener intended to bid on the Subject Premises at Plaintiff's Sheriff Sale. Intervener's counsel informed Plaintiff's counsel on July 2, 2007 in writing that it intended to bid on the property at the July 11, 2007 Sheriff s sale. A true and correct copy of the email exchange is attached hereto, made part hereof, and marked as Exhibit B. On July 9, 2007, counsel for Plaintiff informed counsel for the Intervener in writing that its July 11, 2007 Sheriff Sale would be postponed to August 8, 2007. A true and correct copy of e-mail correspondence amongst members of the law firm representing Plaintiff and Intervener is attached hereto, made part hereof, and marked as Exhibit B. Unbeknownst to Intervener or its counsel, the Subject Premises were in fact exposed at the July 11, 2007 Sheriff Sale and the Subject Premises were sold to James Goodhart and Susan I. Houghton, who were the successful third party bidders at the sale. Intervener intended to bid on the Subject Premises at Plaintiff's Sheriff Sale. As such, since the Intervener was not aware that the Subject Premises were being exposed at the July 11, 2007 Sheriff Sale, it was denied its right to bid on the Subject Premises and hence, upon completion of the sale proceedings, its junior lien was divested by operation of law. 42 Pa.C.S.A. §8152(c). II. LEGAL AUTHORITY A. Setting Aside a Sheriffs Sale Pennsylvania Rule of Civil Procedure 3132 provides the Court with the authority to set aside a Sheriffs sale upon petition of any party, prior to the delivery of the Deed, upon proper cause shown. Merrill Lynch Mortg. Capital vs. Steele, 2004 Pa.Super. 341, 859 A.2d 788 (2004). Bornman v. Gordon, 363 Pa. Super. 607, 611 (1987). In the instant case, the Sheriff has not yet delivered the Deed. In its attached motion, Intervener has demonstrated proper cause to set aside the Sheriffs sale, namely it will be severely prejudiced if the Court allows the sale to stand, since its lien and interest have been wiped out through no fault of its own. In fact, JPMorgan Chase was poised to bid at Plaintiff s sale, but for Plaintiff counsel's representations two (2) days before the scheduled sale, that the July 11, 2007 sale was postponed to August 8, 2007 sale. Intervener justifiably relied on that representation to its detriment. Accordingly, the Court has the authority to set aside the instant Sheriff s sale. Setting aside the Sheriffs sale will not harm any party. If the Sheriff s sale is not set aside, Intervener JPMorgan Chase Bank, N.A. would lose its collateral for the mortgage loan. Its mortgage would be divested, causing severe and irreparable harm to Chase. By contrast, the Sheriff s sale purchasers would not be harmed by setting aside the sale, as the Sheriff would refund their deposit money. It would be a miscarriage of justice to allow the sale to stand, after Plaintiff s counsel represented that the Sheriff s sale would be postponed and Intervener's counsel justifiably relied on that representation, to its detriment. B. Equitable Principles This Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. JPMorgan Chase is requesting the entry of a court order setting aside the July 11, 2007 Sheriffs sale to ensure that all interested parties are given the opportunity to attend the sale and place a bid on the Subject Premises. WHEREFORE, JPMorgan Chase respectfully requests that this Honorable Court enter an Order setting aside the July 11, 2007 Sheriff s sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP -- Id- ? Ai4tQ? -4) q 1 0:1 Date: BybJose . Schalk, Esquire ey for Intervener E.xgIglT A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134594 1P MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI1-4030 MILWAUKEE, WI 53202 V. DON L. CASEY A/IUA CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 O rnr?. ? y ? CO p 1 z m ATTORNEY FOR PLAMRF F f ? „? cst w COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. tU - -3,2'?S (21 C-) ` "7 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE f:- 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 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 W6 hereby Certify the within to be a true and correct copy of our invoice ATTORNtV FILE CWT PLEA R k6 l" pt rfRaw Filc k: 134594 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PERADELPHIA, PA 19103 (215) 563-7000 134594 JP MORGAN CHASE BANK, N.A. 1 I 1 E. WISCONSIN AVE 6TH FLOOR, W11 -4030 MILWAUKEE, WI 53202 Plaintiff V. DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW. COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You- are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 134594 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, DE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE- DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File H: 134594 1. Plaintiff is R MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI14030 MILWAUKEE, WI 53202 2. The name(s) and last known address(es) of the Defendant(s) are: DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/0512005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book N6:1915, Page: 3323. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/15/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 134594 6. The following amounts are due on the mortgage: Principal Balance $19,481.65 Interest 1,004.50 12/15/2005 through 06/07/2006 (Per Diem $5.74) Attorney's Fees 1,250.00 Cumulative Late Charges 100,00 07105/2005 to 06/07/2006 Cost of Suit and Title Search 550.00 Subtotal $ 22,386.15 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 22,386.15 The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 22,386.15, together with interest from 06/07/2006 at the rate of $5.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMrIEEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File k 134594 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J. Litner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos.-2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots 1, 2 and 3 as shown on said Plan. CONTAINING a total lot area of 3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No. 3 on the Final Subdivision Plan for Marlyn E. Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and MaryLynn Casey, his wife, by Marlyn E. Casey and Helen J. Casey, his wife, by deed dated December 11, 1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PROPERTY BEING: 1471 PINE ROAD File k: 134594 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAIlJ'TfFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 3 /lam FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: EXHIBIT B Message Pagel of 2 Elizabeth Hallinan From: Hiller, Jennifer [JHiller@UDREN.com] Sent: Monday, July 09, 2007 11:53 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 97013 oomc In#6001082 - sale is being pp to 8/8/07 Jennifer Hiller sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdates®udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalation®udren.com -----Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 09, 2007 9:31 AM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Good morning, Just your new sale date. And Option One's loan number. Thanks. -----Original Message----- From: Hiller, Jennifer [mailto:]Hiller@UDREN.com] Sent: Monday, July 09, 2007 11:22 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth sorry I didn't get back to you sooner our sale is going to be postponed..let me know if you still need the other information... 7/10/2007 Message Page 2 of 2 Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdatesoudren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationOudren.com ----- Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 02, 2007 11:25 AM To: Hiller, Jennifer Subject: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jen - Can you please provide me with Option One's loan number? Our client wants to bid at your sale, but is requesting a payoff first. Also, please send me your upset price when available. Thanksl Thank you, Elizabeth Halllnan Bidding Department Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard - Suite 1400 Philadelphia, PA 19103 Automated Attendant: 215-320-0007 ext. 1420 Operator Assisted: 215-563-7000 ext. 1420 Fax: 215-563-8656 7/10/2007 Message Page 1 of 3 Elizabeth Hallinan From: Hiller, Jennifer [JHiller@UDREN.com] Sent: Monday, July 30, 2007 4:23 PM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High sold to James Goodhart for $140,000.00 Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need,a status on a file you can email s.tatusupdatesQudren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalation®udren.com -----Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hailinan@fedphe.com] Sent: Monday, July 30, 2007 2:06 PM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Do you have the third party info? How much was it sold for? ----Original Message---- From: Hiller, Jennifer [mailto:]Hiller@UDREN.com] Sent: Monday, July 30, 2007 3:15 PM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth we went to sale on 7/11/07 per the request of our client and property sold to third party... Jennifer Hiller Sales/Bids Udren Law Offices, P.C. 7/30/2007 • Message Page 2of3 Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdatesOudren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationeudren.com ----- Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hailinan@fedphe.com] Sent: Monday, July 30, 20071:15 PM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jen - Is your sale still on for 8/8? How much are you reassessing up to? Thanks. -----Original Message----- From: Hiller, Jennifer [mailto:JHiller@UDREN.com] Sent: Monday, July 09, 2007 11:22 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth sorry I didn't get back to you sooner our sale is going to be postponed..let me know if you still need the other information... Jennifer Hiller Sales/Bids Udren Law offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdates®udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationOudren.com 7/30/2007 Message Page 3 of 3 -----Original Message---- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 02, 200711:25 AM To: Hiller, Jennifer Subject: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jen - Can you please provide me with Option One's loan number? Our client wants to bid at your sale, but is requesting a payoff first. Also, please send me your upset price when available. Thanks! Thank you, Elizabeth Hallman Bidding Department Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard - Suite 1400 Philadelphia, PA 19103 Automated Attendant: 215-320-0007 ext. 1420 Operator Assisted: 215-563-7000 ext. 1420 Fax: 215-563-8656 7/30/2007 r, PHELAN HALLINAN `SCHM!EG 107 N. Front Street Suite 115 Harrisburg, PA 17101 215-563-7000 x 7365 Fax: 717-234-1549 Email: joseph.schalk@fedphe.com Joseph P. Schalk, Esquire Representing Lenders in Pennsylvania & New Jersey VIA OVERNIGHT MAIL August 3, 2007 Don L. Casey United States of America Mark J. Udren, Esquire 1471 Pine Road 228 Walnut Street Woodcrest Corporate Center Carlisle, PA 17013 P.O. Box 11754 111 Woodcrest Road, Suite 200 Harrisburg, PA 17108 Cherry Hill, NJ 08003 James Goodhart Susan I. Houghton Susan J. Hartman, Esquire 443 Adams Road 443 Adams Road 1 Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013 RE: Wells Fargo Bank, N.A., et al. Y. Don L. Casey Cumberland County CCP, No. 06-4786-Civil Term Dear Parties, Please be advised that Second Mortgagee, JPMorgan Chase Bank, N.A., intends to file the enclosed Motion to Set Aside Sale. Please advise if you concur or if you are opposed to the filing of this Motion within five (5) days of the date of this letter. If I do not receive a response from you within the five (5) days, I will file the enclosed Motion with the Prothonotary of Cumberland County. ery truly yours, /.dam`" J sep P. Schalk, Esquire PS1jpd cc: Sheriff of Cumberland County * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. Front-Office Integration t: user: 2Joseph 15-56 Devlin C 215-563-7000 ti Version litigation In '= 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: *83200770-237-109* Sender's Information: Sender's Name: Joseph Devlin Building/Location:Litigation Cost Center: - Recipient's Information: Name: Don L. Casey Company: - Addressl: 1471 Pine Road City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Page 1 of 1 ?00* Phone #: 215-563-7000 Sender Email: Joseph. devlinefedphe . com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL A-1,1 .114, ?. t? r iX This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express corporation. http://fdxl/Add-Shipment.asp?CustomerCode=&AddressBookType= 8/3/2007 Front-Office Integration Version i melon 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagoID: 111111111111111111111111 *83200784-1430-488* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: United States of America Company' c/o U.S. Attorney's Office Addressl: 228 walnut Street City: Harrisburg Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center instructions: none Page 1 of 1 %40 Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone #: 215-563-7000 Sender Email: j oseph. devlinofedphe . com Address2: Suite 220 State: PA Zip: 17108 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL This site is protected by copyright and trademark laws under U.S. and International law. AN rights reserved. ®1995-2006 Federal Express corporation. http://fdx 1 /Add-Shipment. asp?CustomerCode=&AddressB ookType=&PackageID=8320077... 8/3/2007 Front-Office Integration User: Joseph Devlin 215-563-7000 ?s Litgaifon version ? tCH»ti 23..1 R 5. Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: *83200772-435-210* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: Mark J. Udren, Esquire Mark J. Udren & Company: Associates Address1: 111 woodcrest Road City: Cherry Hill Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone #: 215-563-7000 Page 1 of 1 ?04* Sender Email: j oseph . devlinefedphe . com Address2: Suite 200 State: NJ Zip: 08003 Sh'tpDate: 8/3/2007 Account Number: - Signature Service Type: NULL This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express corporation. http://fdx 1 /Add-Shipment. asp?CustomerCode=&AddressBookType=&PageFrom=AddShip... 8/3/2007 Front-Office Integration - off I nt"mhon..211 Version ies Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing Package ID: ''83200773-59-776* Sender's Information: Sender's Name: Joseph Devlin Building/Location:Litigation Cost Center: - Recipient's Information: Name: James Goodhart Company: - Addressl: 443 Adams Road City: Carlisle Package Information: Service Type: FedEx standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Page I of 1 ?fto Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL a Y , s s.. ht '.?I This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express corporation. http://fdx I /Add-Shipment.asp?CustomerCode=&AddressBookTypc=&PackageID=8 320077... 8/3/2007 . Front-Office Integration version [.fid 5. 23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: *83200774-534-930* Sender's Information: Sender's Name:3oseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: Susan I. Houghton Company: - Addressl: 443 Adams Road City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Page 1 of 1 %40 Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL AN 0 This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-21)08 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/3/2007 Front-Office Integration Page 1 of 1 INDEX n ration Version I `i 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagoID: *83200775-718-496* Sender's Information: Sender's Name: Joseph Devlin Phone: 215-563-7000 Building/Location:Litigation Department: - Cost Center: - Reference: Casey 134594 Recipient's Information: Name: Susan J. Hartman, Esquire Phone #: 215-563-7000 Company: - Sender Email: joaeph.devlinofedphe.com Addressl: 1 Irvine Row Address2: - City Carlisle State: PA Zip: 17013 Package Information: Service Type: FedEx Standard Overnight ShipDate: 8/3/2007 Payment: Sender Account Number: - Sat. Del.: No HAL: No Residential Delivery: No Signature Service Type: NULL Weight: 0 Mail Center Instructions: none n??,.a 60W.0-4 yC Komi This site is protected by copyright and trademark laws under U.S. and international law. All rights reserved. ®1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/3/2007 Front-Office Integration Front, Gtr'ti lV [ ation Version 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagoID: 1111111111111111111111 Sender's Information: Sender's Name: Joseph Devlin *83200776-84-142* Building/Location: Litigation Cost Center: - Recipient's Information: Name: Sheriff of Cumberland County Company: Cumberland County Courthouse Address1: One Courthouse Square City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: - Reference: Casey 134594 Phone #: 215-563-7000 Page 1 of 1 Sender Email: j oseph. devlinefedphe . com Address2: - State: PA Zip: 17013 ShipDate: 8/3/2007 Account Number: - Signature Service Type: NULL ' _4? ?`? This site is protected by copyright and trademark taws under U.S. and International law. All rights reserved. ® 9995-2006 Federal Express Corporation. http:Hfdx 1 /Add-Shipment. asp?CustomerCode=&AddressBookType=&PackageID=8320077... 8/3/2007 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Intervener in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: IW ! 07 By: Jos ph Schalk, Esquire Att rney for Intervener PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff vs. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Attorney for JPMorgan Chase Bank, N.A. Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Motion to Set Aside Sheriff's Sale, Brief in Support thereof, Verification, and proposed Order were served by U.S. first class mail on all parties on the date listed below: Don L. Casey Sheriff of Cumberland County United States of America 1471 Pine Road Cumberland County Courthouse 228 Walnut Street Carlisle, PA 17013 One Courthouse Square P.O. Box 11754 Carlisle, PA 17013-3387 Harrisburg, PA 17108 Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 9)141 o-7 Date ' Susan Hartman, Esquire James Goodhart I Irvine Row Susan I. Houghton Carlisle, PA 17013 443 Adams Road Carlisle, PA 17013 By: _ ose h P. chalk, Esquire cr ey for Intervener C? ? '?,?i ?:a .---i -? ? - -% ___ ?- ,;.a F .-„ ;; ? .. ..,? , . e ? ? PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Attorney for JPMorgan Chase Bank, N.A. Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Court of Common Pleas Civil Division Cumberland County : No. 06-4786-Civil Term F C PTIONS OF 1P MORGAN CHASE RANK, TO SHERIFF'S SALF. DISTRIBUTION PITRSITANT TO PA_R_C:_P_ RULE 3136(d) And now comes JP Morgan Chase Bank, N.A. by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff s Sale Distribution of Proceeds for the following reasons: Defendant executed a Mortgage in favor of JP Morgan Chase Bank, N.A. on July 5, 2005, which is junior in lien to Wells Fargo Bank, N.A.'s mortgage. 2. JP Morgan Chase Bank, N.A. filed its Mortgage Foreclosure Complaint against the Defendant, Don L. Casey, on June 9, 2006 at Cumberland County CCP No. 06-3295 Civil Term, as its mortgage executed by the Defendant on July 5, 2005, was in default for failure of the Defendant to tender monthly mortgage payments due January 15, 2006 and each month thereafter. A true and correct copy of JP Morgan Chase Bank 's Complaint is attached hereto, made part hereof and marked as Exhibit A. 3. An in rem judgment was entered in favor of Plaintiff, Wells Fargo Bank N.A., as Trustee for ASBC Asset-Backed Certificates, Series 2005-HEl (hereinafter "Plaintiff'), in the above-referenced mortgage foreclosure action on or about October 13, 2006. Upon information and belief, said judgment was reassessed to $144,238.61 by Court Order dated July 11, 2007. 4. Pursuant to a Writ of Execution issued on October 20, 2006 to enforce the judgment, the mortgaged premises located at 1471 Pine Road, Carlisle, PA 17013 was scheduled for the July 11, 2007 Cumberland County Sheriff's sale. 5. JP Morgan Chase Bank, N.A. intended to bid on the Subject Premises at Plaintiff's Sheriff Sale. 6. JP Morgan Chase Bank, N.A.'s counsel informed Plaintiff's counsel on July 2, 2007 in writing that it intended to bid on the property at the July 11, 2007 Sheriff's sale. A true and correct copy of the email correspondence is attached hereto, made part hereof, and marked as Exhibit B. 7. On July 9, 2007, counsel for Plaintiff informed counsel for JP Morgan Chase Bank, N.A. in writing that its July 11, 2007 Sheriff's Sale would be postponed to August 8, 2007. A true and correct copy of e-mail correspondence amongst members of the law firm representing Plaintiff and JP Morgan Chase Bank, N.A. is attached hereto, made part hereof, and marked as Exhibit B. 8. Unbeknownst to JP Morgan Chase Bank, N.A. or its counsel, the Subject Premises were in fact exposed at the July 11, 2007 Sheriff's Sale and the Subject Premises were sold to James Goodhart and Susan I. Houghton, who were the successful third parry bidders at the sale. 9. As such, since JP Morgan Chase Bank, N.A. was not aware that the Subject Premises were being exposed at the July 11, 2007 Sheriff's Sale, it was denied the opportunity to bid on the Subject Premises and hence, upon completion of the sale proceedings, its junior lien was divested by operation of law. 42 Pa.C.S.A. §8152(c). 10. At the judicial sale, the property was struck down to a third party bidder for the amount of $140,000.00. 11. On or about August 10, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $135,722.50 and JP Morgan Chase Bank receiving nothing. Attached hereto, made a part hereof and marked as Exhibit "C"' is a true and correct copy of the Sheriffs proposed Schedule of Distribution. 12. Plaintiff should not be entitled to benefit from the proceeds of the sale due to the negligence of its agent in failing to give proper notice of the Sheriffs sale to JP Morgan Chase Bank, N.A. 13. As a direct result of Plaintiffs counsel's negligence, JP Morgan Chase Bank, N.A. was denied an opportunity to bid at Sheriffs sale and its mortgage lien was divested by operation of law. 14. Equity dictates that the mortgage lien of JP Morgan Chase Bank, N.A. be paid in full from the Sheriff s sale proceeds. 15. It would be a miscarriage of justice to allow Plaintiff to share in the Sheriff s sale proceeds after its counsel represented to JP Morgan Chase Bank, N.A. that the Sheriff s sale would be postponed and JP Morgan Chase Bank, N.A.'s counsel justifiably relied on that representation, to its detriment. 16. JP Morgan Chase Bank, N.A. believes and therefore avers, that it is entitled to be paid in full from the proceeds of the Sheriff s sale. WHEREFORE, JP Morgan Chase Bank, N.A.'s respectfully requests this Honorable Court enter an Order directing distribution to JP Morgan Chase Bank, N.A. in the amount of its payoff. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 8 7`/ ho o7 By: for JP Morgan Chase Bank, N.A. PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Attorney for JP Morgan Chase Bank, N.A. Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants BRIEF IN SUPPORT OF PLAINTWE'S EXCEPTIONS TO DISTRIBUTION, NUNC PRO TUNC 1. Defendant executed a Mortgage in favor of JP Morgan Chase Bank, N.A. on July 5, 2005, which is junior in lien to Wells Fargo Bank, N.A.'s mortgage. JP Morgan Chase Bank, N.A. filed its Mortgage Foreclosure Complaint against the Defendant, Don L. Casey, on June 9, 2006 at Cumberland County CCP No. 06-3295 Civil Term, as its mortgage executed by the Defendant on July 5, 2005, was in default for failure of the Defendant to tender monthly mortgage payments due January 15, 2006 and each month thereafter. An in rem judgment was entered in favor of Plaintiff, Wells Fargo Bank N.A., as Trustee for ASBC Asset-Backed Certificates, Series 2005-HE1 (hereinafter "Plaintiff'), in the above-referenced mortgage foreclosure action on or about October 13, 2006. Upon information and belief, said judgment was reassessed to $144,238.61 by Court Order dated July 11, 2007. Pursuant to a Writ of Execution issued on October 20, 2006 to enforce the judgment, the mortgaged premises located at 1471 Pine Road, Carlisle, PA 17013 was scheduled for the July 11, 2007 Cumberland County Sheriff's sale. JP Morgan Chase Bank, N.A. intended to bid on the Subject Premises at Plaintiff's Sheriff Sale. JP Morgan Chase Bank, N.A.'s counsel informed Plaintiff's counsel on July 2, 2007 in writing that it intended to bid on the property at the July 11, 2007 Sheriff's sale. On July 9, 2007, counsel for Plaintiff informed counsel for JP Morgan Chase Bank, N.A. in writing that its July 11, 2007 Sheriff's Sale would be postponed to August 8, 2007. Unbeknownst to JP Morgan Chase Bank, N.A. or its counsel, the Subject Premises were in fact exposed at the July 11, 2007 Sheriff's Sale and the Subject Premises were sold to James Goodhart and Susan I. Houghton, who were the successful third parry bidders at the sale. As such, since the Intervener was not aware that the Subject Premises were being exposed at the July 11, 2007 Sheriff's Sale, it was denied the opportunity to bid on the Subject Premises and hence, upon completion of the sale proceedings, its junior lien was divested by operation of law. 42 Pa.C.S.A. §8152(c). At the judicial sale, the property was struck down to a third party bidder for the amount of $140,000.00. On or about August 10, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $135,722.50. JP Morgan Chase Bank, N.A. is entitled to be paid in full from the Sheriff's sale proceeds. II. LEGAL AT1THORTTV Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution. The Schedule must be amended to pay JP Morgan Chase Bank, N.A. in full since counsel for Plaintiff informed counsel for JP Morgan Chase Bank, N.A. in writing that its July 11, 2007 Sheriff's Sale would be postponed to August 8, 2007 and then proceeded to expose the Subject Premises to sale. Since JP Morgan Chase Bank, N.A. was not aware that the Subject Premises were being exposed at the July 11, 2007 Sheriff's Sale, it was denied the opportunity to bid on the Subject Premises and hence, upon completion of the sale proceedings, its junior lien was divested by operation of law. 42 Pa.C.S.A. §8152(c). Plaintiff should not be entitled to benefit from the negligence of its counsel. This Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. C;heval v_ City of Philadelphia, 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gannett v_ Trout, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow JP Morgan Chase Bank, N.A. to be paid in full from the proceeds of the July 11, 2007 Sheriff's sale. WHEREFORE, JP Morgan Chase Bank, N.A.'s respectfully requests this Honorable Court enter an Order directing distribution to JP Morgan Chase Bank, N.A. in the amount of its payoff. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 1 o o By: ?A 1,&? ose h P. %chalk, Esquire Atto ey for JP Morgan Chase Bank, N.A. EXHIBIT A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134594 JP MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI1-4030 MILWAUKEE, WI 53202 V. DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 -n (! G1 z t-? ? 7 1 ATTORNEY FOR PLAF F F:?P ca COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 0(- CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE N: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You-are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 We hereby certify the within to be a true and correct copy Of our invoice iii aiY Fitt PUE AgE RE NO ktP;~ File #: 134594 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 -ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134594 JP MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI1-4030 MILWAUKEE, WI 53202 Plaintiff V. DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You-are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 134594 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED 'THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,'NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE .DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 134594 1. Plaintiff is JP MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, W114030 MILWAUKEE, WI 53202 2. The name(s) and last known address(es) of the Defendant(s) are: DON L. CASEY A/IVA CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/05/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1915, Page: 3323. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/15/2006 and each-month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 134594 6. The following amounts are due on the mortgage: Principal Balance $19,481.65 Interest 1,004.50 12/15/2005 through 06/07/2006 (Per Diem $5.74) Attorney's Fees 1,250.00 Cumulative Late Charges 100.00 07/05/2005 to 06/07/2006 Cost of Suit and Title Search 550.00 Subtotal $ 22,386.15 Escrow Credit 0:00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 22,386.15 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act-6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in. rem Judgment against the Defendant(s) in the sum of $ 22,386.15, together with interest from 06/07/2006 at the rate of $5.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHM`IE`G, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File k 134594 LEGAL DESCRiCPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to -an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J. Linner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots 1, 2 and 3 as shown on said Plan. CONTAINING a total lot area of 3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No. 3 on the Final Subdivision Plan for Marlyn E. Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and MaryLynn Casey, his wife, by Marlyn E. Casey and Helen J. Casey, his wife, by deed dated December 11, 1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PROPERTY BEING: 1471 PINE ROAD file 0: 134594 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PL.AI T W in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. ,? / AP4, - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 4q '?;. w, "ar Sj, `k } ?> r Y?, ?,. ti>_ i A'" ?W _ E?g?IT B Message Page 1 of 2 Elizabeth Hallinan From: Hiller, Jennifer [JHiller@UDREN.com] Sent: Monday, July 09, 2007 11:53 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 oomc In#lNMMW82 - sale is being pp to 8/8/07 Jennifer Hiller Sales/Bids Udren Law offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdates@udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationgudren.com ----- Original Message----- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 09, 2007 9:31 AM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Goad morning, Just your new sale date. And Option One's loan number. Thanks. -----Original Message---- From: Hiller, Jennifer [mailto:JHiller@UDREN.cwm] Sent: Monday, July 09, 2007 11:22 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth sorry I didn't get back to you sooner our sale is going to be postponed..let me know if you still need the other information... 7/10/2007 Message rage z ui z Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdatesOudren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationeudren.com -----Original Message----- From: Elizabeth Hallinan fmailto:elizabeth.hallinan@fedphe.com) Sent: Monday, July 02, 2007 11:25 AM To: Hiller, Jennifer Subject: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jen - Can you please provide me with Option One's loan number? Our client wants to bid at your sale, but is requesting a payoff first. Also, please send me your upset price when available. Thanks! Thank you, Elizabeth HaNnan Bidding Department Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard - Suite 1400 Philadelphia, PA 19103 Automated Attendant: 215-320-0007 ext. 1420 Operator Assisted: 215-563-7000 ext. 1420 Fax: 215-563-8656 7/10/2007 Message Pagel of 3 Elizabeth Hallinan From: Hiller, Jennifer [JHiller@UDREN.com] Sent: Monday, July 30, 2007 4:23 PM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High sold to James Goodhart for $140,000.00 Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need.a status on a file you can email s.tatusupdates@udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalationOudren.com -----Original Message---- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 30, 2007 2:06 PM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Do you have the third party info? How much was it sold for? ----Original Message---- From: Hiller, Jennifer [mailto:JHiller@UDREN.com] Sent: Monday, July 30, 2007 3:15 PM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth we went to sale on 7/11/07 per the request of our client and property sold to third party... Jennifer Hiller Sales/Bids Udren Law offices, P.C. 7/30/2007 Message Page 2 of 3 Woodcrest Corporate Center. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdates@udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalation®udren.com ----- Original Message---- From: Elizabeth Hallinan [mailto:elizabeth.hallinan@fedphe.com] Sent: Monday, July 30, 2007 1:15 PM To: Hiller, Jennifer Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jen - Is your sale still on for 8/8? How much are you reassessing up to? Thanks. ----- Original Message---- From: Hiller, Jennifer [mallto:JHiller@UDREN.com] Sent: Monday, July 09, 2007 11:22 AM To: Elizabeth Hallinan Subject: RE: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Importance: High Hi Elizabeth sorry I didn't get back to you sooner our sale is going to be postponed-let me know if you still need the other information... Jennifer Hiller Sales/Bids Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 856-669-5714 Direct Dial 856-669-5399 Fax Please make a note of our new address. Please be advised if you need a status on a file you can email statusupdates®udren.com and if you are having an issue that has not been resolved to your satisfaction you can email escalation®udren.com 7/30/2007 . Message Page 3 of 3 ----Original Message--- From: Elizabeth Hallinan [maiito:elizabeth.hallinan@fedphe.com] Sent: Monday, July 02, 200711:25 AM To: Hiller, Jennifer Subject: Casey, Don 1471 Pine Road, Carlisle, PA 17013 Hi Jen - Can you please provide me with Option One's loan number? Our client wants to bid at your sale, but is requesting a payoff first. Also, please send me your upset price when available. Thanks! Thank you, Elizabeth Hallinan Bidding Department Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard - Suite 1400 Philadelphia, PA 19103 Automated Attendant: 215-320-0007 ext. 1420 Operator Assisted: 215-563-7000 ext. 1420 Fax: 215-563-8656 7/30/2007 . bKAIEVULE OF DISTRIBUTION Patricia McNally From: Brewbaker, Claudia [cbrewbaker@ccpa.net] Sent: Friday, August 10, 2007 8:46 AM To: Patricia McNally Subject: Sched. of Dist. #30 SCHEDULE OF DISTRIBUTION SALE NO. 30 Date Filed: August 10, 2007 Writ No. 2006-4786 Civil Term Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 VS Don L. Casey 1471 Pine Road Carlisle, PA 17013 Sale Date: July 11, 2007 Buyer: James A. Goodhart and Susan I. Houghton Bid Price: $140,000.00 Real Debt: $144,238.61 Interest: Attorney Writ Costs: Total: $144,238.61 per order of court dated July 11, 2007 DISTRIBUTION: Receipts: Cash on account (11/06/2006): $ 1,500.00 Cash on account (07/11/2007): 14,000.00 Cash on account (07/26/2007 59,334.62 Cash on account (07/26/2007 73,334.62 Page 1 of 3 8/10/2007 SCHEDULE OF DISTRIBUTION Total Receipts: $148,169.24 Disbursements: Sheriff s Costs $3,801.86 Legal Search 300.00 Transfer Tax, Local 1,784.62 Transfer Tax, State 1,784.62 Mable G. Stitt, Tax Collector 2,034.77 Cumberland Co Domestic Relations 1,240.87 Attorney Mark J. Udren 1,500.00 Wells Fargo Bank 135,722.50 Total Disbursements: ($148,169.24) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff Page 2 of 3 The information in this message may be privileged and confidential and protected from disclosure. If the reader of this message is neither the intended recipient, nor an employee or agent responsible for delivering this message to the intended recipient, then you are hereby notified that any dissemination, distribution, unauthorized use, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and 8/10/2007 SCHEDULE OF DISTRIBUTION deleting it from your computer. Thank you, Cumberland County, PA. Page 3 of 3 8/10/2007 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE l 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Attorney for JPMorgan Chase Bank, N.A. Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term vs. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale was served by regular mail on: Don L. Casey Sheriff of Cumberland County United States of America 1471 Pine Road Cumberland County Courthouse 228 Walnut Street Carlisle, PA 17013 One Courthouse Square P.O. Box 11754 Carlisle, PA 17013-3387 Harrisburg, PA 17108 Mark J. Udren, Esquire Susan Hartman, Esquire James Goodhart Woodcrest Corporate Center 1 Irvine Row Susan I. Houghton 111 Woodcrest Road, Suite 200 Carlisle, PA 17013 443 Adams Road Cherry Hill, NJ 08003 Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP PAVL--) Date :August 14, 2007 ByWoseh halk, Esqu ire JP Morgan Chase Bank, N.A. VERIFICATION I, Joseph P. Schalk, Esquire, hereby state that I am the attorney for JP Morgan Chase Bank, N.A., and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, PHELAN HALL N ND SCHMIEG, LLP Date: August 14, 2007 $ P.19chalk, Esquire !v for Plaintiff ?'?"- -- - :_:, --n -r,. ,:: , ?r ?_ ? ¢_ --- -,-i ., - _ r - . - -?-, r-... -_ - .'f < (?+. :y> :?1 ` C3 "'? WELLS FARGO BANK, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, Plaintiff Vs. DON L. CASEY and UNITED STATES OF AMERICA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4786 CIVIL IN RE: JPMORGAN CHASE BANK N.A.'S PETITION TO INTERVENE ORDER AND NOW, this day of August, 2007, a brief hearing on the above-captioned motion is set for Thursday, August 30, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, KeviryA. Hess, J. Xrk J. Udren, Esquire For the Plaintiff ,,O'o*'n L. Casey, Defendant United States of America, Defendant Xusan Hartman, Esquire For Third Party Purchaser Xmes Goodhart Susan I. Houghton Third Party Purchasers ,,6seph P. Schalk, Esquire For JPMorgan Chase Bank nW,56es ()F RmeRtc?. CO :g 14N 1 WIV LGOI 3Hi Jo WELLS FARGO BANK, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, Plaintiff VS. DON L. CASEY and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-4786 CIVIL UNITED STATES OF AMERICA, Defendants IN RE: JPMORGAN CHASE BANK N.A.' S MOTION TO SET ASIDE SALE ORDER AND NOW, this vl?` day of August, 2007, a brief hearing on the above-captioned motion is set for Thursday, August 30, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. LXark J. Udren, Esquire For the Plaintiff Xn L. Casey, Defendant United States of America, Defendant /usan Hartman, Esquire For Third Party Purchaser ?Cmes Goodhart Susan I. Houghton Third Party Purchasers vdoseph P. Schalk, Esquire For JPMorgan Chase Bank ? .I'Nea- 3-Wcs 6 F Atmepoc _ BY THE COURT, e Kevin k Hess, J. RP'' o 3k ,.: ?i p, 1 4?, . .. f -w }???- ?fl ?+? , r-,? ,,?, ??l WELLS FARGO BANK, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, Plaintiff VS. DON L. CASEY and UNITED STATES OF AMERICA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4786 CIVIL IN RE: PLAINTIFF'S EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION ORDER AND NOW, this day of August, 2007, a brief hearing on the above-captioned motion is set for Thursday, August 30, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Mark J. Udren, Esquire For the Plaintiff ,,4on L. Casey, Defendant United States of America, Defendant ,>?6san Hartman, Esquire For Third Party Purchaser ,k(mes Goodhart Susan I. Houghton Third Party Purchasers J/seph P. Schalk, Esquire For JPMorgan Chase Bank %?o? QF Pmeezic;o_ A f?.i??l - i!!c1 1? C0.2 If''J 91 SO* L?0,01 ]Hi JO Duncan & Hartman, P.C. Susan J. Hartman, Esquire ID 65184 William A. Duncan, Esquire ID 22080 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates Series 2005-HE1, 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Attorneys for James Goodhart and Susan I. Houghton : In the Court of Common Pleas : Civil Division Cumberland County : No. 06-4786 - Civil Term PETITION TO INTERVENE Petitioners, James Goodhart and Susan I. Houghton, by and through their attorneys, Duncan & Hartman, P.C., respectfully request to intervene in this proceeding pursuant to Pa. R.C.P. 2327 and 2328 and in support thereof aver as follows: 1. Pursuant to a Writ of Execution issued on October 20, 2006, the premises at 1471 Pine Road, Carlisle, PA 17013 (hereinafter "Subject Premises") was sold at Cumberland County Sheriffs sale on July 11, 2007. 2. Petitioners herein were the successful bidders of the Subject Premises at the Sheriff s sale on July 11, 2007. 3. JPMorgan Chase Bank, N.A., obtained an in rem judgment on July 26, 2006 in the amount of $22,655.93, which is junior in lien to that of Plaintiff. 4. JPMorgan Chase Bank, N.A. failed to bid on the property at the sale proceedings held July 11, 2007. 5. JPMorgan Chase Bank, N.A. filed a Petition to Intervene, a Motion to Set Aside Sale and Exceptions to Sheriff's Sale Distribution on the above-captioned matter on August 14, 2007. 6. JPMorgan Chase Bank, N.A. alleges that it has been improperly excluded from bidding on the property to which it is junior in lien. 7. James Goodhart and Susan I. Houghton are not parties to this action and wish to intervene as parties because the entry of a judgment in favor or JPMorgan Chase Bank, N.A. will directly and adversely affect Petitioners as the successful third-party bidders at the Sheriff's Sale of the Subject Premises. 8. If the Petitioners are permitted to intervene, they will filed responses to the Petitions filed by JPMorgan Chase Bank.N.A. in opposition to setting aside the Sheriffs Sale held July 11, 2007. 9. Therefore, Petitioners request the Court to confer on them the status of intervener. 10. In accordance with Cumberland County local rules, Intervener sent a copy of its proposed Petition to Intervene and Order to all interested parties on August 17, 2007 and requested their concurrence. 11. Counsel for JPMorgan Chase Bank, have advised that they are opposed to this Motion. 12. To date, Intervener has not received a response from any of the other parties. A true and correct copy of Intervener's letter and certificates of mailing are attached hereto, made part hereof, and marked as Exhibit "A". WHEREFORE, Petitioner respectfully requests this Honorable Court grant the instant Petition to Intervene. Respectfully submitted, DUNCAN & HARTMAN, P.C. usan J. Hartm s ire Attorney for James oodhart and WCek4 Susan I. Houghton Date: u i Duncan & Hartman, P.C. Susan J. Hartman, Esquire ID 65184 William A. Duncan, Esquire ID 22080 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates Series 2005-HEI, 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Attorneys for James Goodhart and Susan I. Houghton : In the Court of Common Pleas : Civil Division : Cumberland County : No. 06-4786 - Civil Term BRIEF IN SUPPORT OF PETITION TO INTERVENE 1. FACTUAL BACKGROUND James Goodhart and Susan I. Houghton incorporate herein by reference the averments of their Petition to Intervene as if set forth herein in full. II. LEGAL AUTHORITY Pa. R.C.P. 2327 specifies that, at any time during the pendency of an action, a person not a party to the action may be granted leave to intervene therein if: (1) the entry of judgment in such action or the satisfaction of such judgment will impose any liability upon such person to indemnify in whole or in part the party against whom the judgment may be entered; or (2) such person is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof; (3) such person could have joined as an original parry in the action or could have been joined therein; or (4) the determination of such action may affect any legally enforceable interest of such person whether or not such person may be bound by a judgment in the action Pa. R.C.P. 2327. In the instant case, James Goodhart and Susan I. Houghton should be granted leave to intervene in these proceedings pursuant to Pa. R.C.P. 2327(2) for the following reasons. James Goodhart and Susan I. Houghton are "persons so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or an officer thereof' referenced in Pa. R.C.P. 2327(2). JPMorgan Chase Bank, N.A. has filed Motions to Intervene and Set Aside the Sheriff's Sale in addition to filing Exceptions to the Sheriff's Sale held July 11, 2007. James Goodhart and Susan I. Houghton as the successful bidders at the Sheriff's Sale must be given intervener status and be permitted to respond to the pleadings fled by JPMorgan Chase Bank, N.A. It is the position of James Goodhart and Susan I. Houghton that the Sheriff's Sale was conducted without procedural defect. They were not privy to the purported exchange of communications between the lienholders. They have invested time and money in the restoration of the property, intending to occupy it as their home. If JPMorgan Chase Bank, N.A. prevails in its claims, James Goodhart and Susan I Houghton will suffer financial hardship. If James Goodhart and Susan I. Houghton are not permitted to intervene in this action, their interests in the subject premises may be lost. Wherefore, Petitioners respectfully request this Honorable Court grant the instant Petition to Intervene.. Date: 7 -10 d q Respectfully submitted, DUNCAN & HARTMAN, P.C. S an J. Hartm s ire Attorney for James oodhart and Susan I. Houghton EXHI$IT A Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net August 17, 2007 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Sheriff of Cumberland Co. Cumberland Co. Cthouse One Courthouse Square Carlisle, PA 17013-3387 Don L. Casey Joseph P. Schalk, Esquire 139 Amy Drive 107 N. Front Street, Suite 115 Carlisle, PA 17013 Harrisburg, PA 17101 RE: Wells Fargo Bank, N.A. et al. V. Don L. Casey Cumberland County Court of Common Pleas, No. 06-4786 Civil Term Dear Parties, Please be advised that the successful third-party bidders at the Sheriff's Sale held on July 11, 2007 on the above-referenced matter, intend to file the enclosed Petition to Intervene. Please advise if you concur or if you are opposed to the filing of this Petition within five (5) days of the date of this letter. If I do not receive a response from you within the five (5) days, I will file the enclosed Petition with the Prothonotary of Cumberland County. Yours truly, Susan J. Hart , Es ire LISLE. PA 17013 17.'07 ES OUNT e Cr n(1 <VUVIUVl 1-1G V z n p Crl Q z U) - O h O o -? r a td a V z LL Q U !"? Ca u 5 V W W -4 o A-1 z(n 0 44 Q) U v~i E CO 4-1 L r) c) O AJ $ QA J cn h r-i L) 2 u Co O A E CO 4j -+ W oz x s? ? vwi oo N E cZj b o Cd o m U) Q LL Z ?`?'? .? O 1••? o Da (D° LL N U ?+ G a 0 O 4 CL w o $ ~ m r7 N N Pr r'r+ >-O A -? o ? a r? • ? I'l CARLIfl3 170! '07 AUG 17 ED STG + •?• , AMOUNT dl. SEP ?Ad ? a? n n $1 05 fl? 6 uuviooii-i2 V m LL U) EL Z J F p a Z Lr) w 1-4 LL 0 ° -4 O J QJ m T? U Z p •r.( C/1 LL O w Ir Ix AJ V ww g W ? I4 o cd N zt; ro L)o w v~ w o U G o z ti N W V] O c2y QJ QI c P? L=+ C) U) F o? > o a z wo u u v a ~ a 10 wo 3 c d m O O m> 0 q .? o N m c M E 0 LL a RLISLE.PA 70!3 ?J ! TES MQUNT07 ytVICE l4 5 i ? n nnn I 'VVV1V0l 1-12 V z J O _ Q z w LL p O a Q c i LL O U F- Q z a Cl) W ZN ., c+•1 -i m •- •? O Q O? Cd C) y h h d Q1 . i a o +1 -4 m Ql ri Qi x a A PL4 2z 94 V o 9 a (D v w W ,C =) " c ? (j) a U) r4 1 r4 Q r-i O¢ w° LL iii G N P o M CY) Co O Dw >- O Co n q -1 U a w o a q -4 U 0 ai - o IUU05_1 .uuL c m :h 0 LL IL O h z a J O Q z L y W o U ul ?A 0 J P64 -rA Q) w u G _j V O 0 Ca U U i- F- Q W -W Q) A? (rw ccd O ca 0 u,_l L,-u u l Z ^^'' W y W m W O P. G v G O L) ar c y m Q1 U U wv U E no 2 z S~ F-A Z q W S? A O o z o G a d • w d wo d > c d a O 3 (A y ? K O N m Ca b h `o V) IL Duncan & Hartman, P.C. Susan J. Hartman, Esquire ID 65184 William A. Duncan, Esquire ID 22080 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Wells Fargo. Bank, N.A. as Trustee for ABFC Asset-Backed Certificates Series 2005-HEI, 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff Attorneys for James Goodhart and Susan I. Houghton In the Court of Common Pleas Civil Division : Cumberland County : No. 06-4786 - Civil Term VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Petition to Intervene and the Brief in Support thereof were served via first class mail on the following interest parties on the date indicated below. Mark J. Udren, Esquire United States of America Sheriff of Cumberland Co. Woodcrest Corporate Center 228 Walnut Street Cumberland Co. Cthouse 111 Woodcrest Road, Suite 200 P.O. Box 11754 One Courthouse Square Cherry Hill, NJ 08003 Harrisburg, PA 17108 Carlisle, PA 17013-3387 Don L. Casey 139 Amy Drive Carlisle, PA 17013 Date: Joseph P. Schalk, Esquire 107 N. Front Street, Suite 115 Harrisburg, PA 17101 By: Susan J. Hartman, Esquire f '' ` ..> ? :;-:; ? ?? ?? _ ?, ?_F ^7 ? . _ C ?f ?? ::3 ., UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as ':COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed €CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County Plaintiff V. Don L. Casey United States of America NO. 06-4786 Civil Term Defendant REPLY OF WELLS FARGO BANK, N.A., et seq. TO JPMORGAN CHASE BANK, N.A.'S MOTION TO SET ASIDE SALE Plaintiff, Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, by its Attorney, Mark J. Udren, Esquire, hereby replies to JPMorgan Chase Bank, N.A.'s Motion To Set Aside Sale as follows: 1. Admitted. 2. Admitted. By way of further reply, the attached Complaint exhibit is a writing, which writing speaks for itself. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. 6. Denied. This averment refers to a written document, which writing speaks for itself. 7. Denied. This averment refers to a written document, which writing speaks for itself. By way of further Reply, as of the date of July 9, 2007, the Plaintiff was intending to postpone the July 11, 2007 Sheriff's sale. To the best of Plaintiff's knowledge, information and belief, Intervener took no other steps, e.g., calling the Plaintiff attorney's office on July 10 or July 11, 2007 (the sale commenced at 10:00 a.m. on July 11, 2007) to confirm the status of the Sale, nor did the Intervener contact the Sheriff's Office to confirm the status of the sale of the subject mortgaged property. 8. Admitted In Part, Denied In Part. It is admitted that the subject property was sold on July 11, 2007 to the persons stated. The remainder of the averment is Denied as, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the remainder of the within averment. By way of further reply, the Plaintiff did not have a duty to contact the non-party Intervener to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party Intervener's duty to contact the Sherif and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party Intervener did not take such actions. 9. Denied. This averment is denied as a conclusion of law to which no response is required hereto. By way of further Reply, the Plaintiff did not have a duty to contact the non-party Intervener to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party Intervener's duty to contact the Sherif and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party Intervener did not take such actions. 10. Denied. This averment is denied as a conclusion of law to which no response is required hereto. By way of further Reply, all interested parties did have "the opportunity to bid on the Subject Premises". 11. Denied. This averment is denied as a conclusion of law to which no response is required hereto. By way of further Reply, there is no equity in the subject property so therefore, the Intervener would not have collected anything on its loan even if it were to purchase the property at the Sheriff's sale. It is hereby averred that the fair market value of the subject property is $140,000.00, the same amount that the property was purchased for at the sale. 12. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. 13. Denied. This averment is denied as a conclusion of law to which no response is required hereto. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. By way of further Reply, the Plaintiff did not have a duty to contact the non-party Intervener to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party Intervener's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non- party Intervener did not take such actions. 14. Admitted. The said Motion To Reassess Damages was filed with the Court on May 15, 2007. 15. Denied. This averment is denied as a conclusion of law to which no response is required hereto. 16. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. Admitted. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court deny and dismiss Intervener's Motion To Set Aside Sale, and to confirm the Sheriff's sale of July 11, 2007. Respectfully submitted, UDREN LAW OFFICES, P.C. By: Esquire or for Plaintiff VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Reply are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICXTS7?7,P-,,.C B a r> q 1 ZAttorv Dated : men, Esquire for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff V. Don L. Casey United States of America Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term PLAINTIFF'S MEMORANDUM OF LAW CONTRA MOTION TO SET ASIDE SHERIFF'S SALE ARGUMENT Intervener JPMorgan Chase Bank, N.A. ("Intervener") alleges in its Motion To Set Aside Sheriff's Sale that, inter alia, it was misled by Plaintiff two days prior to the Sale. On July 2, 2007, Intervener allegedly requested from Plaintiffs attorney via email (Intervener's Exhibit "B") the intended bid price as the Intervener, as Junior Mortgage Lienholder, was allegedly looking at bidding at the July 11, 2007 Sheriff's sale with regard to the subject mortgaged property located at 1471 Pine Road, Carlisle, PA 17013. On July 9, 2007, the Plaintiff s attorney's office allegedly responded to the July 2, 2007 email that "our sale is going to be postponed ...to 8/8/07"(Intervener's Exhibit B"). On July 9, 2007, Plaintiff intended to postpone the Sheriffs sale due to its pending Motion To Reassess Damages that was filed on May 15, 2007 had not yet been ruled on by the Court. On July 10, 2007, in reviewing the file in preparation for postponement, Plaintiff determined that the property could go to Sheriff s sale and that the sale did not have to be postponed. The Sheriff s sale took place on July 11, 2007, and the subject property was sold to one of the bidders gathered at the sale. The Intervener, as alleged was not present at the sale. To the best of Plaintiff s knowledge, information and belief, Intervener took no other steps, e.g., calling the Plaintiff attorney's office on July 10 or July 11, 2007 (the sale commenced at 10:00 a.m. on July 11, 2007) to confirm the status of the Sale, nor did the Intervener contact the Sheriff s Office to confirm the status of the sale of the subject mortgaged property. The Plaintiff did not have a duty to contact the non-party Intervener to inform it that the property was to ultimately go to sale on July 11, 2007. It was the non-party Intervener's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party Intervener did not take such actions. The Intervener was served the required lienholder Notice of the Sheriff's sale on November 15, 2006. A true and correct copy of the Notice, along with the proof of service/mailing are attached hereto as Exhibits "A" and "B" respectively. Appellant was properly notified of the date and time of the sheriff's sale, and neither he nor counsel appeared at the sale to verify that the property was removed from the list. GMAC Mortgage Corporation of PA vs Buchanan, 2007 PA Super 174, A.2d (2007)(Case where a mortgagor relied on an oral representation from the Sheriffs Office that a Sheriff's foreclosure sale of mortgagor's real property was going to be "removed from the sale list" except, the real property was not removed, was sold, and mortgagor never appeared at the sale). The Sheriff's sale was properly conducted and all interested parties herein did have "the opportunity to bid on the Subject Premises". Furthermore, there is no equity in the subject property so therefore, the Intervener would not have collected anything on its loan even if it were to purchase the property at the Sheriff's sale. It is hereby averred that the fair market value of the subject property is $140,000.00, the same amount that the property was purchased for at the sale. The Plaintiff's judgment was ordered reassessed on or about July 11, 2007 in the amount of $144,238.61. The judgment amount is greater than the alleged fair market value of the subject property. The Intervener has not proffered any evidence refuting the alleged $140,000.00 fair market value. Once the Plaintiff is paid, there wouldn't be any monies left over for the Intervener so, why would the Intervener even attempt to bid at the sale? If the fair market value of the subject property is $140,000.00, no bidder would bid higher, it doesn't make any sense. The burden of proving circumstances warranting the exercise of the court's equitable powers (to set aside a sheriffs sale) rests on the petitioner, as does the burden of showing inadequate notice resulting in prejudice, which is on the person who seeks to set aside the sale. GMAC Mortgage, supra, parag. 9. The Intervener has not met its burden. No proof that it was actually going to bid at the sale; no proof of the amount it was ready to bid at the sale; no proof that there was value in the subject property; and no proof that the Intervener would even benefit by bidding on the subject property. If per chance the sale is set aside, the purchasers should not be awarded any kind of damages except for the return of their sale proceeds. The purchasers moved into the subject property without the benefit of a Deed, and during the period allowed by the Rules Of Civil Procedure to file a Motion To Set Aside The Sheriff s Sale. Pa.R.C.P. 3132. Any damages allegedly suffered by the purchasers over and above the price paid for the purchase should be borne 100% by the purchasers. CONCLUSION For all the reasons set forth hereinabove, the Plaintiff respectfully requests that the Honorable Court deny and dismiss, with prejudice, Intervener's Motion To Set Aside Sheriffs Sale and that the Sheriff s sale of July 11, 2007 be Ordered confirmed in favor of the Plaintiff and in favor of the third party purchasers, James Goodhart, and Susan I. Houghton. Respectfully submitted, Udren, Esquire r for Plaintiff UDREN LAW OFFICES, P.C. EXHIBIT "A" 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HE1 :CUMBERLAND COUNTY 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff :NO. 06-4786 Civil Term V. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America Def endant (s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER (S) : Don L. Casey PROPERTY: 1471 Pine Road (Penn Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish - to- -t-tend--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 "B" r -+ N as -n K 3 6 W W V ? w ? O 00 T rn G t7D 9 s O s "'' W hJ cn P v z Q w v a ip. s CD O 'C C)6 K ?G f O -o 0 D m7Q NC: °N?a rL ., m W n Ni G? m °' 0 4B cNi 'OtCn C?7C (n _ 5 Vr Sow ma %0, O'Ovr m ?N 03 c -"P,S% DN X 0 -V, ..0 Nto ? ? C N C) r- .0 0 ? co Nzy -.iC of-- r-x m ??.. S a rn o to m to a a t' s C p o N N rn p a ? tQ N G7 N V o CA • u ct9o j ?o g m = n? m w? c w ? tJ A -4 o % ? 8(*3m? m_ Ise. tz-v CD ?. m ? 4 wk °a3m3 ? m ?333?0' w m ? so ? mX cn a? D a K , ?. m 3o??i0i3 ?y Qv ?R ? ? y QK O n Z s r ? 'D su m O N C ? rn ?- c gm w 00 0 C: z ? ix m V m to vm Tv Nrn mN ?.A m ?? zoo ;a? nZ 0 O? -4 w?s 7rd0 9- ?A (Cn? a n 0 s m i ??-1`t " cn 7 ? t n? y rnC ?'C r-1 CC [ NCO -T40 O A03 mO P ? ° ?'0m n a? O O to 4 03 ? N r z ocn c ,cn n? o m G) C -' n 'P T N -40 -+? p m -0 -P Z .t 0 o Z -.0 "' m - Z N '0 Z '0 rn p ? pn O wm c o Z 'a b ., 05 N O C s n . a pfCp m C N N f0 41• CD O C) mm 0 CL a 03 r- owl m ? w r m C y °' x 0 0? v a rn s. ?3m N N, <D ? .w (0 © a N co ?y c m a, p ?• -n CD -? rt a (D ???? CD UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-482-6900 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County Plaintiff V. Don L. Casey United States of America :NO. 06-4786 Civil Term Defendant CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Plaintiff's Reply to Motion to Set Aside Sale and Memorandum Of Law Contra upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxx Facsimile Transmission Other (certificate of mailing) Date Served: August 29, 2007 TO: Don L. Casey Susan J. Hartman, Esquire 1471 Pine Road 1 Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Michele Bradford, Esquire Sheriff Of Cumberland County Joseph P. Schalk, Esquire Courthouse 107 North Front Street, Ste 115 One Courthouse Square Harrisburg, PA 17101 Carlisle, PA 17013 United States Of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 UDREN LAWi?lFT P . C k U n, Esquire ?r -" Attorney for Plaintiff ,..., -_? -_.,, f 7 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl Plaintiff 'COURT OF COMMON PLEAS 'CIVIL DIVISION ;Cumberland County V. Don L. Casey United States of America Defendant NO. 06-4786 Civil Term REPLY OF WELLS FARGO BANK, N.A., et seq TO JPMORGAN CHASE BANK, N.A.'S EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO Pa.R.C.P. 3136(d) Plaintiff, Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, by its Attorney, Mark J. Udren, Esquire, hereby replies to JPMorgan Chase Bank, N.A.'s ("JPMorgan")Exceptions To Sheriff's Sale Distribution as follows: 1. Admitted. 2. Admitted. By way of further reply, the attached Complaint exhibit is a writing, which writing speaks for itself. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. 6. Denied. This averment refers to a written document, which writing speaks for itself. 7. Denied. This averment refers to a written document, which writing speaks for itself. By way of further Reply, as of the date of July 9, 2007, the Plaintiff was intending to postpone the July 11, 2007 Sheriff's sale. To the best of Plaintiff's knowledge, information and belief, JPMorgan took no other steps, e.g., calling the Plaintiff attorney's office on July 10 or July 11, 2007 (the sale commenced at 10:00 a.m. on July 11, 2007) to confirm the status of the Sale, nor did JPMorgan contact the Sheriff's Office to confirm the status of the sale of the subject mortgaged property. 8. Admitted In Part, Denied In Part. It is admitted that the subject property was sold on July 11, 2007 to the persons stated. The remainder of the averment is Denied as, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the remainder of the within averment. By way of further reply, the Plaintiff did not have a duty to contact the non-party JPMorgan to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party JPMorgan's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party JPMorgan did not take such actions. 9. Denied. This averment is denied as a conclusion of law to which no response is required hereto. By way of further Reply, the Plaintiff did not have a duty to contact the non-party JPMorgan to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party JPMorgan's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party JPMorgan did not take such actions. 10. Admitted. 11. Admitted. By way of further Reply, the attached exhibit is a writing, which writing speaks for itself. 12. Denied. This averment is denied as a conclusion of law to which no response is required hereto. By way of further Reply, JPMorgan was served the required lienholder Notice of the Sheriff's sale on November 15, 2006. A true and correct copy of the Notice, along with the proof of service/mailing are attached attached hereto as Exhibits "A" and "B" respectively. 13. Denied. This averment is denied as a conclusion of law to which no response is required hereto. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. By way of further Reply, the Plaintiff did not have a duty to contact the non-party JPMorgan to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party JPMorgan's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party JPMorgan did not take such actions. 14. Denied. This averment is denied as a conclusion of law to which no response is required hereto. 15. Denied. This averment is denied as a conclusion of law to which no response is required hereto. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the within averment. By way of further Reply, the Plaintiff did not have a duty to contact the non-party JPMorgan to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party JPMorgan's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party JPMorgan did not take such actions. 16. Denied. This averment is denied as a conclusion of law to which no response is required hereto. By way of further Reply, the Plaintiff did not have a duty to contact the non-party JPMorgan to inform them that the property was to ultimately go to sale on July 11, 2007. It was the non-party JPMorgan's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party JPMorgan did not take such actions. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court deny and dismiss JPMorgan's Exceptions To Sheriff's Sale Distribution, and to confirm the Sheriff's Schedule Of Distribution regarding the Sheriff's sale of July 11, 2007. Respectfully submitted, U DREN LAVl ?,Ff 10 r 'S, , • C . By: Mr dren, Esquire Aa 0 ey for Plaintiff VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Reply are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFF Dated: ? 4, /;v, By: r Att7k. .C. fin, Esquire or Plaintiff EXHIBIT "A" 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :CUMBERLAND COUNTY 1270 Northland Drive, Suite 200 € Mendota Heights, MN 55120 Plaintiff ":NO. 06-4786 Civil Term V. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Don L. Casey PROPERTY: 1471 Pine Road (Penn Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish -- -- - to-- at-tend--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 "B" z U1 CD ty W tJ y ' O aiD 00 4 -J CY) ? CD N i7- 'p. W N T+G ? ? ? ?? • ?. ? u+ a m Zv ?aa, w d w Z N ffa Z Np nC n's?D ° o °cv mm ? m Q nZ G CN??g+° 3. P Z aN°m m?p U) 270 c -4•0 70p am° CP -4 -;a cp ;A (A 0-0 - 0 74 $ AO o -n 74 N O a p w .? c a? 3 m o S r_ 7a m m t- C) 70 r C) CD :3 5 c-) (00 to c (D 1 0 vi "P s vvr m! £CZ m"'??n Z T?cp °? -r, 03 9) m ' DZ1 ?c ?YN An QyQN c c y ai w m 'v, C ?cp ao m :D co -P p? c ?W m ° c ?? ?m ?? s Nv n N e a C-) W r It1 m d ?c co ?''? w'pZ N tmt? o m o t? 3 c S -A l W z a ap -Lf Z q ..1 w 7D (p ? 'D c. a N b' O o? °x a p 15- 00 Z :fl a+ m m H O N N 7 O N N G Z O ;? p? in ce 0 0 CD No sue. O ? to _0 O ? Z w C W 3 a %S -? m c ?? ?, m 2a Nb'vm CD - -p 'C '3 g o Q y C '•1 cD aO 3' Sr ? 0 -0 m wed o cc?? s C V.. g 4` 0 sg?? ?W y s, • a ? -n 7? o °» ? ?' CD S,• ° a SA £m.3 m D .. a.? 00(7 di 70 o$a N t 7a n w a a, w g CP R K oil 0% $C m 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 Trustee for = COURT OF COMMON PLEAS ABFC Asset-Backed Certificates, Series CIVIL DIVISION 2005-HEI Cumberland County Plaintiff V. Don L. Casey United States of America '- NO. 06-4786 Civil Term Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW CONTRA EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION ARGUMENT Intervener JPMorgan Chase Bank, N.A. ("JPMorgan") alleges in its Exceptions To Sheriff's Sale Distribution that, inter alia, it was misled by Plaintiff two days prior to the Sale. On July 2, 2007, JPMorgan allegedly requested from Plaintiff's attorney via email (Intervener's Exhibit "B") the intended bid price as JPMorgan, as Junior Mortgage Lienholder, was allegedly looking at bidding at the July 11, 2007 Sheriff's sale with regard to the subject mortgaged property located at 1471 Pine Road, Carlisle, PA 17013. On July 9, 2007, the Plaintiff's attorney's office allegedly responded to the July 2, 2007 email that "our sale is going to be postponed ...to 8/8/07"(JPMorgan Exhibit "B"). On July 9, 2007, Plaintiff intended to postpone the Sheriff's sale due to its pending Motion To Reassess Damages that was filed on May 15, 2007 had not yet been ruled on by the Court. On July 10, 2007, in reviewing the file in preparation for postponement, Plaintiff determined that the property could go to Sheriff's sale and that the sale did not have to be postponed. The Sheriff's sale took place on July 11, 2007, and the subject property was sold to one of the bidders gathered at the sale. JPMorgan, as alleged was not present at the sale. To the best of Plaintiff's knowledge, information and belief, JPMorgan took no other steps, e.g., calling the Plaintiff attorney's office on July 10 or July 11, 2007 (the sale commenced at 10:00 a.m. on July 11, 2007) to confirm the status of the Sale, nor did JPMorgan contact the Sheriff's Office to confirm the status of the sale of the subject mortgaged property. The Plaintiff did not have a duty to contact the non-party JPMorgan to inform it that the property was to ultimately go to sale on July 11, 2007. It was the non-party JPMorgan's duty to contact the Sheriff and/or the Plaintiff to confirm the status of the sale, and/or to have attended the sale to have confirmed the status. The non-party JPMorgan did not take such actions. JPMorgan was served the required lienholder Notice of the Sheriff s sale on November 15, 2006. A true and correct copy of the Notice, along with the proof of service/mailing are attached as Exhibits "A" and "B" respectively to the attached Reply of Plaintiff.. Appellant was properly notified of the date and time of the sheriff s sale, and neither he nor counsel appeared at the sale to verify that the property was removed from the list. GMAC Mortgage Corporation of PA vs Buchanan, 2007 PA Super 174, A.2d (2007)(Case where a mortgagor relied on an oral representation from the Sheriffs Office that a Sheriff's foreclosure sale of mortgagor's real property was going to be "removed from the sale list" except, the real property was not removed, was sold, and mortgagor never appeared at the sale). The Sheriffs sale was properly conducted and all interested parties herein did have "the opportunity to bid on the Subject Premises". Furthermore, there is no equity in the subject property so therefore, JPMorgan would not have collected anything on its loan even if it were to purchase the property at the Sheriff s sale. It is hereby averred that the fair market value of the subject property is $140,000.00, the same amount that the property was purchased for at the sale. The Plaintiffs judgment was ordered reassessed on or about July 11, 2007 in the amount of $144,238.61. The judgment amount is greater than the alleged fair market value of the subject property. JPMorgan has not proffered any evidence refuting the alleged $140,000.00 fair market value. Once the Plaintiff is paid, there wouldn't be any monies left over for JPMorgan so, why would JPMorgan even attempt to bid at the sale? If the fair market value of the subject property is $140,000.00, no bidder would bid higher, it doesn't make any sense. Therefore, JPMorgan's demand that it is "entitled to be paid in full from the Sheriff s sale proceeds" is ludicrous. The burden of proving circumstances warranting the exercise of the court's equitable powers (to set aside a sheriffs sale) rests on the petitioner, as does the burden of showing inadequate notice resulting in prejudice, which is on the person who seeks to set aside the sale. GMAC Mortgage, supra, parag. 9. JPMorgan has not met its burden. No proof that it was actually going to bid at the sale; no proof of the amount it was ready to bid at the sale; no proof that there was adequate value in the subject property; and no proof that JPMorgan would even benefit by bidding on the subject property. CONCLUSION For all the reasons set forth hereinabove, the Plaintiff respectfully requests that the Honorable Court deny and dismiss, with prejudice, JPMorgan's Exceptions To Sheriff's Sale Distribution and to confirm the Sheriff s Schedule Of Distribution regarding the Sheriff s sale of July 11, 2007. Respectfully submitted, UDREN LAW OFFICES, P.C. f By Mar . Udren, Esquire Attorney for Plaintiff 1 40 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-482-6900 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4786 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Plaintiff's Reply to Exceptions To Sheriff's Sale Distribution and Memorandum Of Law Contra upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Don L. Casey United States of America Defendant xxxxx Facsimile Transmission Other (certificate of mailing) Date Served: August 29, 2007 TO: Don L. Casey Susan J. Hartman, Esquire 1471 Pine Road 1 Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Michele Bradford, Esquire Sheriff Of Cumberland County Joseph P. Schalk, Esquire Courthouse 107 North Front Street, Ste 115 One Courthouse Square Harrisburg, PA 17101 Carlisle, PA 17013 United States Of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 f?- UDREN LAW O_FFIL?RV, P. Cl___ By: ,?. ??f?i, Esquire t orne for Plaintiff r? WELLS FARGO BANK, N.A. as Trustee for ABFC Asset-Backed Certif'cates,: Series 2005-HE1, Plaintif V DON L. CASEY and UNITED STATES OF AM RICA, Defendan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4786 CIVIL TERM IN RE: JP MORG4N CHASE BANK, N.A.'s MOTION TO SET ASIDE SALE ORDER OF COURT AND NOW,Jthis 18th day of September, 2007, following hearing and argument thereon, the Motion of the Intervener JP Morgan Chase Bank, A. to set aside Sheriff's Sale and the Exceptions of JP Mo gan Chase Bank, N.A. to Sheriff's Sale Distribution are DE IED. Xrk J. Udren, Esquire For the Plaintiff ' n L. Casey, Defe dant nited State of Am rica, Defendant isan Hartman, Esq ire For Third Party Pu chaser ecy'ames Goodhart Susan I. Houghton Third Party Purcha ers /oseph P. Schalk, squire 1 For JP Morgan Chas Bank :bg ??' Amea?ca. P.0 -g04A I Ndel PA C?16g By the Court, even/A. Hess, J. VINVAIASNN3d L£ I I NV 8 1 J3S LODZ 10 WELLS FARGO BANK, NA, et al, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. : NO. 06-4786 CIVIL DON L. CASEY and UNITED STATES OF AMERICA, Defendant JP MORGAN CHASE BANK, NA Intervenor IN RE: APPEAL OF PLAINTIFF ORDER AND NOW, October 15, 2007, in accordance with Rule 1925 of the Rules of Appellate Procedure, the Plaintiff having filed a notice of appeal, the appellant is directed to file of record, within fourteen (14) days hereof, and serve upon the undersigned a concise statement of the matters complained of on the appeal. BY THE COURT, FILE O THE F-2, "' ?Y 2007 ECT IS PH 1: IS ii"ITY lark J. Udren, Esquire Michele M. Bradford, Esquire For the Plaintiff /Don L. Casey, Defendant 1471 Pine Road Carlisle, PA 17013 /Iusan Hartman, Esquire V For Third Party Purchaser Joseph P. Schalk, Esquire For JPMorgan Chase Bank J PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, ESQUIRE Identification No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, NA, as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEI Plaintiff vs. Don L. Casey and United States of America Defendant JP Morgan Chase Bank, NA Intervenor NOTICE OF APPEAL Court of Common Pleas Civil Division Cumberland County No. 06-4786 Notice is hereby given that JP Morgan Chase Bank, NA, Intervenor above named, hereby appeals to the Superior Court of Pennsylvania from the order entered in this matter on the 18th day of September, 2007. This order has been entered in the docket as evidenced in the attached copy of the docket entry. A copy of the Order is also attached. Plaintiff hereby requests a copy of the transcript. PHELAN Z ALLINAN & SCHMIEG, LLP Attorney for IN THE COURT OF COMMPN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 Plaintiff vs. Don L. Casey and : United States of America Defendant JP Morgan Chase Bank, NA Intervenor ORDER Court of Common Pleas Civil Division Cumberland County No. 06-4786 A Notice of Appeal having been filed in the matter, the Official Court Reporter is hereby ordered to produce, certify, and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. BY THE COURT J. cc: Official Court Reporter Michele M. Bradford, Esquire Mark J. Udren, Esquire Susan Hartman, Esquire Don L. Casey ELLS I ARGO BANK, N.A. ri x'Yu >' '" f' LAY' ABFC r?.`..sse `a(,?ke CP_r?. f 1.Ci tf':3, or.i-; 2005-H'E , Plaintiff Y1 ( T T ?JI'?lI'T?ai; .?'1'r?'ii^:S OF AMERICA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06--4°?36 CIVIL TERM 1N RE:: k),P MO.RGAN CHASE BANK, N.A.'s MOTION TO SET ASIDE SALE ORDER OF COURT AND NOW, this 18th day of September, 2007, following hearinrx and argument thereon, the Motion of the Intervener JP morgan tc-hase Bank, N.A. to set aside Sheriff's Sale and the Exceptions of JP Morgan Chase Bank., N.A. to Sheriff I s Sale D . }t r . >iat v.,?a are DENTED. By the Court:, Hess, J... Mark J. 7dren, Esquire For rtie ?Iaint:iff D or. L- Casey, Defendant (1r.i tied State of America, Defendant r.az°i _ _nan, Esquire C%." xhi rd Partv Purchaser James Good hart Su ar, .I. Hou li"Lon Third Part.;; Purchasers 13--,.,eph P. Schalk, Esquire „or.. J ror, qar, Chase Bank. : 11) 0 10/09/2007 16:56 TEL 7175997794 J CONRAD CM002/004 12492810092007 Cumberland (;gunt Prothonotary's Office Page 1 PYS510 Civil Ca a Print 2006-04786 WELLS FARGO BANK N A (VSO) CASEY DON L ET AL Reference No... riled ........ : 8/212006 Case Type...... COMPLAINT - MORT FORE T me.......... 1:31 and ent...... 130260.36 Executign Date 10/20/2006 J d e Agsigned: HESS KEVIN A J Trial.... Mspose Desc.: Dis osed Date. 0/00/0000 ------------- Case Comments ------------- Hog er Crt Z Higher Crt 2.. *wwt*w*ww*wwwwwwww*wwww?ewww*w?#w?r+r*www*1k9t 7?rwwwtwwwwwwwtlcww+kkw,rtltw,kww++kw+k#?t4wiww'k*ih General Index Attorney Info WELLS FARGO BANK N A PLAINTIFF UDREN MARK J 1270 NORTHLAND DRIVE SUITE 200 MENDOTA HEIGHTS MN 55120 CASEY DON L DEFENDANT 1471 PINE ROAD CARLISLE PA 17013 UNITED STATES OF AMERICA DEFENDANT 228 WALNUT STREET P O BOX 11754 HARRISBURG PA 17108 Judgment Index Amount Date Desc CASEY DON L 130; 260.36 11.0%20%2006 WRITUOF F O EXECUTION CASEY DON L 144,238.61 771172007 ORDER **w##*w**wwwww,M*wwwt*ww*www,tw,r?rt*w,t**,vY**ww*www*wwwwww+r?c*wwww**wwwww*wwwww,t,t**ww w Date Entries w *w***?t*ww*www**www**wwww,kttww?rtwi*w,rww*w1F**w,t*f*?r**w*wwwwwww,tw?.www+?f+r*t,tw+r*vww** FIRST ENTRY - - - - - - - - - - - - - - 8/21/2006 COMPLAINT - MORTGAGE FORECLOSURE --------------------------------------------- 9/28/2006 SHERIFF'S FILE RETURNED FILED Cassg Type: COMPLAINT - MORT FORE Ret Type.; Regular Litigant. ; CASEY DON L Add 8 tta.; 1471 PINE ROAD Ht?¢ Tt/ZDONCARLSLE, PA 1,7013 s f/ ly.: WI LIP?M CLINE Date Time: Q3 90 2006 1055:00 Costs....: 3 92 Pd By: UDREN LAW OFFICE 09/28/2006 9/28/2006 HE'$-FILE -RETURD?-FILED------^------------------------------ S RIFF JM. Case Type: COMP-MORT FORE,LETTER,STIPULAT Ret Type.: Out of Count Case TTyyp?e: COMP-MORT FORE LETTER STIPULAT Ret Type.: Out of Count Li igafit.: UNITED STATES bF AMERICA Add es : 228 WALNUT STREET SERVED 8/25/06 Ctyf;sj : HARRISBURG, PA 17108 County Nm: DAU'PH N Ret Casts....: $54/.8882006 'UDREN LAW OFFICE 09/28/2006 Pd By: UDREN L r ----------------------------------------- 10/20/2006 PRAECIPE TO SUBSTITUTE VERIFICATION COMPLAINT IN MORTGAGE FORECLSURE - BY MARK J UDREN ATTY FOR PLFF 10/20/2006 PRAECIPE-FOR-DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED - IN THE AMOUNT OF $130260.36 0/2006 NOTICE MATSLED TO DEFENDANT -------^------------+^_-+------------_-- 10/2IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) - "------------------------------------------------- 10/20/2006 10/20/2006 APFIDAVIT OF NON-MILITARY SERVICE__________________________________ ------------------------------ 10/20/2006 RAECIPE FOR WRIT OF EXECUTION AND WRIT OF EXECUTION ISSUED 92.50 PD ATTY $1.00 COUNTY $.50 LL --------- -------------------- -------------------- ]0/0912007 16:56 TEL 7175997794 J CONRAD 12851010092007 Cumberlan q unty Prothonotary'8 Office 2006-04786 WELLS FARGO BANK N A (vs) CASEY DON L ET AL Reference No..: Case Type.....: COMPLAINT - MORT FORE Judgment..... 130260.36 Judge A sl ne.: HESS KEVIN A Dispose Desc ------------ Case Comments ------------- 10/20/2006 10/20/2006 10/20/2006 3/05/2007 3/06/2007 5/15/2007 5/30/2007 6/08/2007 7/03/2007 7/11/2007 8/14/2007 8/14/2007 8/14/2007 8/16/2007 8/16/2007 8/16/2007 8/23/2007 8/30/2007 8/30/2007 Filed......... T me.......... Execution Date Ds osedaDate. Hig er Crt 1.: Hig er Crt 2.: (003/004 PPage a4 8/212006 1:31 10/20/2006 0/00/0000 CERTIFICATE ----------- -------------------.,___ AFFIDAVIT PURSUANT TO RULE 3129-- _ _ _ NOTICE-OF SHERIFF'S-SALE-OF-REAL PROPERTY PURSUANT TO RULE 3129.2 - - - - - - AFFIDAVIT OF SERVICE - NOTICEOFSHFF'S SALE- BY MARK J UDREN -------------------- AFFIDAVIT FOR PLFF ------------------------------------------------------------------- CERT1FICATE OF SERVICE - NOTICE OF SALE - BY MARK J UDREN ATTY FOR PLFF MOTION FOR REASSESSMENT OF DAMAC3E3 - BY MARK J?UDREN ATTY-FOR-PLFF AMENDMENT -TOYMOTION FOR REASSESSMENT OF DAMAGES - BY MARK J-UDREN- ATTY FOR PLFF RULE TO SHOW-CAUSE-- ----------- W --------------- I-RUL9 ISSUED UPON RESPONDENT TO SHOW CAUSE WHY PETITIONER IS NOT ENTITLED TO RELIEF REQUESTED 2-RESPONDENT MAY FILE ANSWER TO PETITION ON OR BEFORE 20 DAYS 3-PETITION SHALL BE DECIDED UNDER PA RCP 206.7 6-90TICE OF ENTRY OF THIS ORDER SHALL HE PROVIDED TO ALL PARTIES BY PETITIONER - BY KEVIN A HESS J - COPY MAILED 06-08-07 --------------------------------------- MOTION TO MAKE -RULE ABSOLUTE- BY MARX JUDREN ATTY FOR PLFF ----------------------- ----------------------------- ORDER --DATED 3ULY 11 2007- THE PROTHONOTARY IS ORDERED TO -~- REASSESS THE DAMAGES fN REM IN THE AMOUNT OF $144 238.61 COPIES MAILED BY THE COURT KEVIN k HESS J ----- -- --------- - -- ------ - ------ ---- --- -------- ----- PETITION TO INTERVENE --BY JOSEPH-P-SCHALK ATTY FOR JPMORGAN-CHASE- BANK N A -------------------------- w -------------------- JPMORGAN CHASE BANK NAS MOTION TO SET ASIDE SALE - BY JOSEPH P_ _ SCHALK ATTY FOR INTERVENER EXCEPTIONS-------------------I-----------------------------•-------- 30136{D) - BY JOSEPHAPKSCHALK ATTYRFORSJPAMORpGANU HSETBANK NCAP RULE MORGAN ORDER --- DATED 08-I5-07 -IN RE: -JPMORGAN CHASE -BANK -NAB-PETION TO - INTERVENE - A BRIEF HEARING IS SET FOR 08-30-07 AT 11.00 AM IN COURTROOM NO 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY KEVIN A HESS J - COPIES MAILED 08-16-07 ORDER --DATED-08-15-07 --IN-RE:-JPMORGAN CHASE-BANK-NAS-MOTION TO SET ASIDE SALE - A BRIEF HEARING IS SET FOR 08-30-07 AT 11:00 AM IN COURTROOM NO 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY KEVIN A HESS J - COPIES MAILED 08-16-07 ---------------------------------- ORDER ---DATED 08-15-07?- IN RE: -PLAINTIFFSEXCEPTIONSTOSHERIFFS SALE DISTRIBUTION - A BRIEF HEARING IS SET FOR 08-30-07 AT 11:00 AM IN COURTROOM NO 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY KEVIN A HESS J - COPIES MAILED 08-16-07 PETITION -TOYINTERVENE -- SUSAN J-HARTMAN-ATTY FOP, -JAMES -GOODHART - AND SUSAN I HOUGHTON REPLY TO WELLS FARGO BANKNA ETSEQ TO JPMORGAN CHASE BANK NA'S? - - - - - MOTION TO SET ASIDE SALE - Bf MARK J UDREN ATTY FOR PLFF -------------------------------- -REPLY OF WELLS FARGO BANK NA ET SEQ TO JPMORGAN CHASE BANK NAISy EXCEPTIONS TO SHFFIS SALE DISTRIBUTION PURSUANT TO PA RCP 3136D - BY MARX J UDREN ATTY FOR PLFF 10/09/2007 16:57 TEL 7175997794 _ J CONRAD 004/004 12492810092007 Cumberland ggQunty Pro honotary's Office Page 3 PYS510 CiVil Case Pr nt 2006-04786 WELLS FARGO SANK N A (VS) CASEY DON L ET AL Reference No.. Filed ........ : 6/21(12036 Case Type...... COMPLAINT - MORT FORE T me.......... Judgment...... 130260.36 gxecuti n Date 10/20/2006 Ju?y Tr al Jud a Assigned: HESS KEVIN R Diel3osed Deec : DTs$o?se Date. 0/00/0000 -- Case Comments ------------- H ner Crt 1.: Hi her Crt 2.: 9/18/2007 ORDER OF COURT - PATER 9/18107 - IN RE JP M RGAN CHASE BANK N A'S MOTION TO SET ASIDE SALE FOLLOWING HEARS NG AND ARGUMENT TI4BREON THE MOTION OF THE INTERVENOR JP MORGAN CHASE BANK N A TO SET ASIDE SHERIFF'S SALE AND THE EXCEPTION'S OF JP MORGAN CHASE BANK N A TO SHERIFF'S SALE IS IRYEUTION ARE DENIED - BY KEVIN A HESS J - --------- -- -------- - - -- ---- ---- -- -- - ---- COPIES MAILED 7 10/08/2007 SHERIFF'S SALE -RETURN FILED SERVED DECEMBER 13 2006 SHERIFF PAID $1.00 CO Y & 0.50 LL ACIWOWLEDGE DEED $8.60 SHERIFF'S COST 4 801.86 PD R THOMAS KLINE HEOFF EXPOSED THE WITHIN PREMISES 7/11107 AND SOLD FOR THE SUM OF $$140 000.00 TO JAMES A GOODHART & SUSAN I HOUGHTON - BEING THE BUXHR PAID THE SHERIFF THE SUM OF DEED,FROM2SHERIFFSTo PURCHASERT&ODESCRITPION HOFIREAL ESTATE SEE INSTRUMENT NUMBER 200737222. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - t*w**w,tW***w*w+?*****w**wf?rw**w,r*?rrr*ww*w,r*w**ww*w**w*****wtw,r*,rt*w*?r*x?r*ww*,t,r,r*r+t * Escrow Info tion * Fees & Debits Be Bal *?Mts AAd End Bal. *,r**,t**w****#w,t,tw**ww,t*+t*ww**?•** w**,t*w* **w*** **,r*w*ww*w****+t,t*w**,+**,r*,vw**w,t COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION 00 JrCP FEE 10.00 10.00 . JDMT 9.00 9.00 .00 WRIT OF EXEC 15.00 15.00 .00 aDMT/DEFAULT 1 00 0 1 0 SUBPOENA 3. 0 3. .0 SUBPOENA 3.00 3.00 .00 SHFF RETURN E x 1 0 .50 LAW LIB PER .50 .0 ACKNOWLEDGMENT 48.00 48.00 .00 - ---,-149.00-- - 149.00- --- ------00 w+**********,k#*w**?Frt*w**w,t,tw*,tw?t**ir**** rrw#*w***f,rw*w+r *w***f***ww*w*irw,t,kwwww*,r*,t* * End of Case Information ??w**w**w**ww*w*#ww**.?**w#*,r***w*w***** ,r**wf*ww*ww*ww ?rww?x**w*,r,r*,r,t****w**w*,r***r? PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQUIRE IDENTIFICATION NO. 69849 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, NA, as Trustee for ABFC Court of Common Pleas Asset-Backed Certificates, Series 2005-HE1 Plaintiff Civil Division VS. : Cumberland County Don L. Casey and No. 06-4786 United States of America Defendant JP Morgan Chase Bank, NA Intervenor CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Notice of Appeal was served by regular mail to the following persons on the date listed below: Mark J. Udren, Esquire Honorable Kevin A. Hess Woodcrest Corporate Center Cumberland County Courthouse 111 Woodcrest Road, Suite 200 One Courthouse Square Cherry Hill, NJ 05003 Carlisle, PA 17013-3387 Don L. Casey 1471 Pine Road Carlisle, PA 17013 Official Court Reporter Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Date Susan Hartman, Esquire 1 Irvine Row Carlisle, PA 17103 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 is ele M. Br d rd, E uire Attorney for Pl ' tiff CZ) q a -. .- ' Q „p i Uj -- AY ' p p U b ' Z _ -r ? :? t? C 3 rn t`.) - c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which James A Goodhart & Susan I Hou ton is the grantee the same having been sold to said grantee on the 11 th day of July A.D., 2007, under and by virtue of a writ Execution issued on the 20th day of Oct, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4786, at the suit of Wells Fargo Bank N A Tr for ABFC Asset-Backed Cert Series 2005- het against Don L Casey is duly recorded as Instrument Number 200737222. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this n?15 day of ai2V2 ROW(W Of ON W, ftv**n cwnwWW 0 wq.C+i WPA mv* FwMw4"dJwLW0 Wells Fargo Bank, N.A., as Trustee for In the Court of Common Pleas of ABFC Asset-Backed Certificates, Series Cumberland County, Pennsylvania 2005-HE1 Writ No. 2006-4786 Civil Term VS Don L. Casey William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1340 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Don L. Casey, by making known unto Don L. Casey personally, at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2007 at 1951 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 Don L. Casey located at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Don L. Casey, by regular mail to his last known address of 1471 Pine Road, Carlisle, PA 17013. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 July 11, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $140,000.00 to James A. Goodhart and Susan 1. Houghton. It being the highest bid and best price received for the same, James A. Goodhart and Susan I. Houghton, of 1471 Pine Road, Carlisle, PA 17013, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $146,669.24. Sheriffs Costs: Docketing $30.00 Poundage 2,800.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.84 Certified Mail 3.09 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 352.10 Share of Bills 16.83 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3,801.86 ?oloplo ?,, a Saswers , Sheriff Thomas K]lne, R• B e rgeant gea1 Este g, o? n-.l 1 M , 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey ::NO. 06-4786 Civil Term 1471 Pine Road Carlisle, PA 17013 United States of America De f endant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1, 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: 1471 Pine Road, (Penn Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Don L. Casey 1471 Pine Road Carlisle, PA 17013 610 Chess Street Pittsburgh, PA 15211 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. JPMorgan Chase Bank, NA See Caption above. 1111 Polaris Parkway Columbus, OH 43240 111 East Wisconsin Ave., 6th Floor WII-4030, Milwaukee, WI 53202 c/o Francis S. Hallinan, Esquire Address to Follow 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 USA US Dept. of Justice, US Attorney Federal Bldg., 228 Walnut Street PO Box 11754, Harrisburg, PA 17108 Commonwealth of PA Bureau of Individual Tax Inheritance Tax, Division, 6th F1. Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax, Special Procedures Branch, P.O. Box 12051 Philadelphia, _.PA._1910.5_ Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, PO Box 281230 Department of Revenue 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 1471 Pine Road (Penn Township) Carlisle, PA 17013 f 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 o unsworn falsification to authorities. / UDREN,LAW OFF I CC'S , P.C. DATED: October 13, 2006 Mark J. Udren, ESQ. 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 ABFC Asset-Backed :CIVIL DIVISION Certificates, Series 2005-HEl :Cumberland County 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. Don L. Casey :NO. 06-4786 Civil Term United States of America 1471 Pine Road Carlisle, PA 17013 De f endant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Don L. Casey 610 Chess Street Pittsburgh, PA 15211 Your house (real estate) at 1471 Pine Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on.March 7, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $130,260.36, 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 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 treat of ]wad m but: in Pam Township, Cmnberland Cotmty, Pennsylvania, bound and described as follows: BEGINIYIIV'G at an adsting iron-ptn an the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plea, said iron pin being Iacated at the Xcrdm = corner of the property about to be de='W at t1w, line of land now or formerly of James Vyslacnch; thence by the dividing lino between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pint; thenuec by land now or formerly of Wobael E. Linter, of mc,, South 3 degrees 41 mint rtes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Barry S. Lit mw, Jr., et wL, South 3 degrees 42 mimuftx 23 %=onds Wcst 438.85 fiat to an existing iron pin; thence by the divif8 line betw= Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 29432 feet to an iron. piu; theacv by Ind now or formerly of Jatacs V73kirACh and along the Westan side of a private right-of way as shown an said Plam North 3 degrees 36 minutes 22 seconds East 49555 fat to an iron pin, the Place of BEGINNING. BEING KNOWN AS: 1471 PINE ROAD, (PENN TWP.) CARLISLE, PA 17013 PROPERTY ID NO.: 31-12-0034-025 TITLE TO SAID PREMISES IS VESTED IN DON L. CASEY BY DEED FROM DON L. CASEY AND MARYLYNN CASEY, HIS WIFE DATED 10/21/04 RECORDED 10/28/04 IN DEED BOOK 265 PAGE 4757. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA), NO 06-4786 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 ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-HEI, Plaintiff (s) From DON L. CASEY (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 $130,260-36 L.L. $.50 Interest FROM DATE 10/14/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $23.45 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $3,400.25 Atty's Comm % Due Prothy $1.00 Atty Paid $172.80 Other Costs Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) 7 Curt R. L ro onota 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 # 30 On November 6, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 1471 Pine Road, Carlisle, more fully described on Exhibit "A" to filed with this writ and by this reference incorporated herein. K-lJ .. Date: November 6, 2006 By: P J Real Estat?)Sergeant SZ:IIV 9Z1J04001 SCHEDULE OF DISTRIBUTION SALE NO. 30 Date Filed: August 10, 2007 Writ No. 2006-4786 Civil Term Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE 1 VS Don L. Casey 1471 Pine Road Carlisle, PA 17013 Sale Date: July 11, 2007 Buyer: James A. Goodhart and Susan I. Houghton Bid Price: $140,000.00 Real Debt: $144,238.61 Interest: Attorney Writ Costs: Total: $144,238.61 per order of court dated July 11, 2007 DISTRIBUTION: Receipts: Cash on account (11/06/2006): $ 1,500.00 Cash on account (07/11/2007): 14,000.00 Cash on account (07/26/2007 59,334.62 Cash on account (07/26/2007 73,334.62 Total Receipts: $1489169.24 Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Mable G. Stitt, Tax Collector Cumberland Co Domestic Relations Attorney Mark J. Udren Wells Fargo Bank Total Disbursements: Balance for distribution: So Answers: ?0000% 'je $3,801.86 300.00 1,784.62 1,784.62 2,034.77 1,240.87 1,500.00 135,722.50 ($148,169.24) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 30, held July 11, 2007 EFFECTIVE DATE: July 11, 2007 PREMISES: 1471 Pine Road, Carlisle, Pennsylvania 17013 (Penn Township), tax parcel No. 31-12-0334-025 (the "Premises") RECITAL: Being the same premises which Don L. Casey and Marylynn Casey, husband and wife, by their Deed dated October 21, 2004 and recorded October 28, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 265, Page 4757 granted and conveyed unto Don L. Casey. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. • i • 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $119,600.00 from Don L. Casey to M&T Mortgage Corporation dated October 22, 2004 and recorded October 28, 2004 in Mortgage Book 1885, Page 4456, last assigned December 14, 2006 in Misc. Book 732, Page 3894, to Wells Fargo Bank, N.A. -2- 21. Mortgage in the amount of $19,600.00 (open-ended) from Don L. Casey to J P Morgan Chase Bank, N.A. dated July 5, 2005 and recorded July 22, 2005 in Mortgage Book 1915, Page 3323. 22. Judgment against Don L. Casey and United States of America in the amount of $144,238.61 in favor of Wells Fargo Bank, N.A. entered July 11, 2007 to No. 2006-4786. 23. Judgment against Don L. Casey, also known as Casey Rental in favor of J P Morgan Chase Bank, N.A. in the amount of $22,655.93 entered July 26, 2006 to No. 2006-3295. 24. Judgment against Don L. Casey in favor of Bureau of Compliance in the amount of $911.08 entered September 5, 2006 to No. 2006-5153. 25. Federal tax lien in the amount of $5,633.51 against Donald L. Casey entered August 7, 2006 in favor of U. S. Treasury Department to No. 2006-4515. 26. All building setback lines, easements, notes, condition and all matters appearing in Plan Book 63, Page 85, Plan of Marlyn E. and Helen J. Casey. 27. Rights granted to PP&L in Misc. Book 441, Page 100. 28. Subject to the private right-of-way as noted in Deed Book 265, Page 4757. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: f Keith O. Brenneman -3- ... REAL ESTATE SALE NO. 30 Writ No. 2006-4786 Civil Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 VS. Don L. Casey Atty.: Mark Udren ALL that certain tract of land situ- ate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the North- western corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 min- utes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or for- merly Harry J. Litner, Jr., et ux., South 3 degrees 42 minutes 23 sec- onds West 438.85 feet to an exist- ing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 min- utes 37 seconds West 294.32 feet to an iron pin, thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 sec- onds East 495.55 feet to an iron pin, the Place of BEGINNING. BEING KNOWN AS: 1471 PINE ROAD, (PENN TWP.) CARLISLE, PA 17013. 0.) vf PROPERTY ID NO.: 31-12-9634- 025. TITLE TO SAID PREMISES IS VESTED IN Don L. Casey by Deed from Don L. Casey and Marylynn Casey, his wife dated 10/21/04 recorded 10/28/04 in Deed Book 265 Page 4757. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............... ......................................... COPY Sworn to an s s ri ed before me this 28 0Rh,tp$ M.RVANIA S A L E #30 Notarial Seal Terry L. Russell, Notary Public City Of Harris rg, Dauphin County rri Aires June 6, 2010 em c P ,n vania Association of Notaries NO ARY PUBLIC 11 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Z?sa Marie Co y)4 Editor SWORN TO AND SUBSCRIBED before me this 2 __day of NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 ]RRAL B&fA= &U& NO. 80 Writ No. 2006-4786 Civil Wells Fargo Bank, NA, as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 VS. Don L. Casey Atty.: Mark Udren ALL that certain tract of land situ- ate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the North- western corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 min- utes 29 seconds East 295.17 feet to an Iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or for- merly Harry J. Litner, Jr., et ux., South 3 degrees 42 minutes 23 ac- onds West 438.85 feet to an cxW- ing irm pin: thence by the dtvktmg line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 min- utes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 sec- onds East 495.55 feet to an iron pin, the Place of BEGINNING. BEING KNOWN AS: 1471 PINE ROAD, (PENN TWP.) CARLISLE, PA 17013. PROPERTY ID NO.: 31-12-0034- 025. TITLE TO SAID PREMISES IS VESTED IN Don L. Casey by Deed from Don L. Casey and Marylynn Casey, his wife dated 10/21/04 recorded 10/28/04 in Deed Book 265 Page 4757. COMMONWEALTH OF PENNSYLVANIA Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary y Superior Court of Pennsylvania Middle District October 23, 2007 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www. superior. court. state. pa. us Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 1782 MDA 2007 Wells Fargo Bank, NA, as Trustee fo ABFC Asset-Backed Cert. Series 2005-HE1 V. Don L. Casey and United States of America Appeal of: JP Morgan Chase Bank, NA, Intervenor Dear Mr. Long: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary WJT Enclosure 3:13 P.M. Appeal Docket Sheet Docket Number: 1782 MDA 2007 Superior Court of Pennsylvania Page 1 of 4 October 23, 2007 Wells Fargo Bank, NA, as Trustee fo ABFC Asset-Backed Cert. Series 2005-HE1 V. Don L. Casey and United States of America Appeal of: JP Morgan Chase Bank, NA, Intervenor Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: October 11, 2007 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Mortgage Foreclosure Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: November 7, 2007 Next Event Type: Original Record Received Next Event Due Date: December 10, 2007 10123/2007 3023 3:13 P.M. Appeal Docket Sheet Docket Number: 1782 MDA 2007 Superior Court of Pennsylvania Pate 2 of 4 Zq* October 23, 2007 COUNSEL INFORMATION Appellant JP Morgan Chase Bank, NA, Intervenor Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Bradford, Michele M. Bar No.: 69849 Law Firm: Phelan Hallinan & Schmieg, L.L.P. Address: 1617 JFK Blvd Ste 1400 Philadelphia, PA 19103-1814 Phone No.: (215)563-7000 Fax No.: (215)563-3459 Receive Mail: Yes E-Mail Address: michele.bradford@fedphe.com Receive E-Mail: Yes Appellee Wells Fargo Bank, NA, as Trustee fo ABFC Asset-Backed Cert. Series 2005-HE1 Pro Se: ' Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Udren, Mark J. Bar No.: 4302 Law Firm: Udren Law Offices, P.C. Address: Woodcrest Corporate Center 111 Woodcrest Road Cherry Hill, NJ 08003 Phone No.: (856)669-5400 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Don L. Casey and United States of America Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Casey, Don L. Bar No.: Law Firm: Address: 1471 Pine Road Carlisle, PA 17013 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Susan Hartman and Susan I. Houghton Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: 0/23/2007 3023 3:13 P.M. Appeal Docket Sheet Docket Number: Page 3 of 4 October 23, 2007 1782 MDA 2007 Attorney: Hartman, Susan J. Bar No.: 65184 Law Firm: Duncan & Hartman, P.C. Address: One Irvine Row Carlisle, PA 17013-3019 Phone No.: (717)249-7780 Fax No.: (717)249-7800 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 10/19/07 Notice of Appeal 60.00 60.00 2007SPRMD001007 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: September 18, 2007 Judicial District: 9 Date Documents Received: October 19, 2007 Date Notice of Appeal Filed: October 11, 2007 Order Type: Order Entered OTN: Judge: Hess, Kevin A. Judge Lower Court Docket No.: 06-4786 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By October 11, 2007 Notice of Appeal Filed Appellant JP Morgan Chase Bank, NA, Intervenor October 23, 2007 Docketing Statement Exited (Civil) Middle District Filing Office Superior Court of Pennsylvania 0/23/2007 3023 3:13 P.M Appeal Docket Sheet Docket Number: 1782 MDA 2007 Superior Court of Pennsylvania Page 4 of 4 October 23, 2007 10/23/2007 3023 r-? p °? ?? ? e:r? -1 cf?! _ ... ,?„? _.-, r'z ?r? ,? ? r?} ?'?'7 '?.1 ? -r s% r'' - ' ? ,_ ,_ ' ? - • ?7 f, ? r J . ? {.+.; PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, ESQUIRE Identification No. 69849 Attorney for Intervener One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, NA, as Trustee for ABFC Court of Common Pleas Asset-Backed Certificates, Series 2005-HE1 Plaintiff Civil Division VS. : Cumberland County Don L. Casey and No. 06-4786 United States of America Defendant JP Morgan Chase Bank, NA Intervener INTERVENER JP MORGAN CHASE BANK, NA'S STATEMENT OF MATTERS COMPLAINED OF ON APPEAL Intervener JP Morgan Chase Bank, N.A. (hereinafter "Chase") appealed the Court's September 18, 2007 Order for the following reasons: It was an error of law and an abuse of discretion to deny Chase's timely Exceptions to the Sheriffs Schedule of Distribution pursuant to Pa.R.C.P. 3136, considering Chase's justifiable reliance on the representation of Plaintiffs counsel that the July 11, 2007 Sheriffs sale would be postponed. 2. It was an error of law and an abuse of discretion to deny Chase's Exceptions, which inequitably resulted in Chase's mortgage being divested by the Sheriffs sale and Chase receiving no distribution from the sale proceeds, while Plaintiff received more than it expected from the sale proceeds, despite its negligence and misrepresentation. 3. Attorneys in the Commonwealth of Pennsylvania should be held accountable for their representations to other members of the bar, and should not be permitted to profit at the expense of an innocent party, as a result of their negligence or misrepresentation. 4. The Sheriffs sale proceeds were sufficient to satisfy both mortgage companies. 5. Instead of dividing the sale proceeds equitably, according to the facts and circumstances of the case, the Court erroneously denied Chase's Exceptions, permitting Plaintiff to receive a windfall, that is, significantly more money than it expected to receive based on its specified Sheriffs sale bid. 6. The Court erred in failing to set aside the Sheriffs sale since Chase demonstrated proper cause pursuant to Pa.R.C.P. 3132 to set aside the sale. 7. Chase's justifiable reliance on the representation of Plaintiffs counsel that the July 11, 2007 Sheriffs sale would be postponed, as well as the fact that Chase's mortgage was divested by the sale, constituted proper cause to set aside the sale. 7. It was an abuse of discretion and an error of law to deny Chase's motion to set aside sale, considering the equities of the case and the resulting irreparable harm to Chase. 8. It was error to deny Chase's motion to set aside sale and Exceptions, since Chase sustained its burden of proof at the hearing, whereas no other parties presented any evidence in opposition to the Exceptions or motion. !TD Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. r d rd, Esquire Attorney for Int ener { PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQUIRE IDENTIFICATION NO. 69849 Attorney for Intervener ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, NA, as Trustee for ABFC Court of Common Pleas Asset-Backed Certificates, Series 2005-HEl Plaintiff Civil Division VS. Cumberland County Don L. Casey and No. 06-4786 United States of America . Defendant JP Morgan Chase Bank, NA Intervener CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Intervener JP Morgan Chase Bank, NA's Statement of Matters Complained of on Appeal were served by regular mail on the following persons on the date listed below: Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 05003 Don L. Casey 1471 Pine Road Carlisle, PA 17013 II It, Date Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (via Federal Express) Susan Hartman, Esquire 1 Irvine Row Carlisle, PA 17103 Michele M.`Brad or , Esquire Attorney for Inte a er ..rJ C7) r'rj ? w _' 54 ? , 1 WELLS FARGO BANK, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEI, Plaintiff VS. DON L. CASEY and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-4786 CIVIL UNITED STATES OF AMERICA, Defendants JP MORGAN CHASE BANK, N.A. Intervenor IN RE: OPINION PURSUANT TO RULE 1925 In this case, the defendant, Don L. Casey, defaulted on two mortgages. One was with the plaintiff, Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005- HII (Wells Fargo). The other was with JP Morgan Chase Bank, N.A. (JP Morgan). An in rem judgment was entered in favor of JP Morgan on July 26, 2006 in the amount of $22,655.93. An in rem judgment was also entered in favor of Wells Fargo in a mortgage foreclosure action on October 13, 2006. The judgment in favor of Wells Fargo was eventually assessed at $144,238.61. Pursuant to the Writ of Execution issued on October 20, 2006 to enforce the judgment, the mortgaged premises located at 1471 Pine Road, Carlisle, PA 17013 was scheduled to be sold at the July 11, 2007 Cumberland County Sheriff's sale. JP Morgan intended to bid on the premises at the sheriff's sale. On July 2, 2007, an employee of the bidding department of Phelan, Hallinan & Schmieg, LLP, attorneys for JP Morgan, emailed an employee of the bidding department of Udren Law Offices, P.C., attorneys for Wells Fargo, making Wells Fargo aware that JP Morgan wanted to bid at the foreclosure sale. . ., NO. 06-4786 CIVIL On July 9th, a Wells Fargo employee sent a short, one line email to a JP Morgan employee stating that the foreclosure sale was being postponed until August 8, 2007. However, Wells Fargo decided on July 10th that the foreclosure sale could proceed, even though its pending Motion to Reassess Damages had not yet been ruled upon, and the sheriff's sale took place as originally scheduled on July 11, 2007. At the sale, the subject property was sold to third party bidders, James Goodhart and Susan Houghton, for $140,000. After the sale, the Sheriff issued a proposed Schedule of Distribution, which listed Wells Fargo as receiving $135,722.50, and JP Morgan receiving nothing. According to 42 Pa.C.S.A. § 8152(c), "[a] judicial or other sale of real estate in proceedings under a prior judgment or a prior ground rent, or in foreclosure of a prior mortgage, shall discharge a mortgage later in lien." Therefore, JP Morgan's junior lien was divested by operation of law. JP Morgan subsequently intervened in the captioned Wells Fargo foreclosure action. James Goodhart and Susan Houghton also intervened in this action. JP Morgan filed Exceptions to Sheriff's Sale and a Motion to Set Aside Sale, which were both denied on order after hearing and argument. JP Morgan has appealed the order. "Upon petition of any party in interest before delivery of the personal property or of the Sheriffs deed to real property, the Court may, upon proper cause shown, set aside the sale and order a resale and any other order which may be just and proper under the circumstances."I 1 As an alternative to setting aside the sale, JP Morgan requests that we divide the proceeds of the July 11 h sale in some manner which is fair to both sides. We know of no authority for this procedure nor do we believe that the reallocation of the proceeds of a sheriff's sale, between bidding and non-bidding parties, is a proper judicial function under Pa.R.C.P. 3132. 2 { NO. 06-4786 CIVIL Pa.R.C.P. 3132. "A petition to set aside a sheriff's sale is grounded in equitable principles and is addressed to the sound discretion of the hearing court." Kaib v. Smith, 684 A.2d 630, 631 (Pa. Super. Ct. 1996). "The burden of proving circumstances warranting the exercise of the court's equitable powers rests on the petitioner, as does the burden of showing inadequate notice resulting in prejudice, which is on the person who seeks to set aside the sale." GMAC Mortgage Corporation of PA vs. Buchanan, 929 A.2d 1164, 1167 (Pa. Super. Ct. 2007). "It is settled that whether the order be the setting aside or the refusing to set aside a sheriff's sale, the order of the court below will not be disturbed unless there be a manifest and gross abuse of discretion." First National Bank of Koppel v. Mount, 1 A.2d 547, 548 (Pa. Super. Ct. 1938). In GMAC Mortgage Corporation of PA vs. Buchanan, a mortgagor relied upon an oral representation from an employee at the Sheriff's Office that the sale of the mortgagor's real property was going to be "removed from the sale list." GMAC Mortgage Corporation of PA vs. Buchanan, 929 A.2d 1164, 1166 (Pa. Super. Ct. 2007). The property was not removed from the sale list and was sold at the sheriff's sale, with the mortgagor absent. Id. The mortgagor petitioned to set aside the sheriff's sale. Id. The Pennsylvania Superior Court held that the mortgagor could not rely upon the representation from the unnamed employee at the Sheriff's Office, and the sale would not be set aside. Id. at 1169. The court reasoned that "Appellant was properly notified of the date and time of the sheriff's sale, and neither he nor counsel appeared at the sale to verify that the property was removed from the list." Id. at 1168. Furthermore, the court reasoned that "the Appellant had not cited to any case law, statutory provision or rule of procedure, either statewide or local, that entitled him to rely on oral representations by an unnamed person given over the telephone that a property will be removed from the list for a 3 NO. 06-4786 CIVIL scheduled sheriff's sale," or "that absolved him from the responsibility of verifying that his real property was removed from the sheriff's sale list." Id. at 1169. In the present case, JP Morgan, like the Appellant in GMAC, was notified of the date and time of the sheriff's sale in which the mortgaged property would be auctioned. JP Morgan received notice on November 15, 2006 that the sheriff's sale would take place on July 11, 2007. JP Morgan, like the Appellant in GMAC, did not make reasonable efforts to verify that the sale of the property would not take place after receiving information that it had been postponed. Neither counsel for JP Morgan nor any JP Morgan representative appeared at the July 11 sheriff's sale to verify that the property was no longer being auctioned. Furthermore, JP Morgan did not call the Cumberland County Sheriff's Office, and did not call counsel or any representative of JP Morgan to verify that the email message it received was accurate and that the sale had been postponed. December 4, 2007 v --Mark J. Udren, Esquire For the Plaintiff ? Don L. Casey, Defendant V/Isusan Hartman, Esquire For Third Party Purchaser Joseph P. Schalk, Esquire For JP Morgan Chase Bank rlm i l- A. Hess, J. Oa %'as fnzll Lc0.- ,z f H1v7 4 l .'1 SZ :01 VIN I , - T-110 LODZ AdVi ]HI JO CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 vs Don L. Casey and United States of America 2006-4786 Civil 1782 MDA 2007 The documents comprising the record have been numbered from No.1 to 330, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 12//';L/2007. Curt' R. Lon th no Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Cumberland in the Commonwealth of Pennsylvania 1782 MDA 2007 to No. 2006-4786 Civil Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl vs. Don L. Casey United States of America **See Certified Copy of Docket Entries** Commonwealth of Pennsylvania County of Cumberland ss: I, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated whereiN.A. as Trustee Wells Fargo Mia, or ABFU sAsset-Backect ica es, P 1ffSa Don L. Casey and itn i tpA StateG of Amerir!a Defendant , as the same remains of record before the said Court at No. 2006-4786 of civil Term, A. D. 19 . In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 12th day of D ember A. D., IIJx2007 Prothonotary ( 17- 1, Fiigar S_ Bad ley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Qirtic R_ Tnnq , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualifie 11 of whose acts as such full faith and credit are and ought to be given as well in Courts of judicat as else he the said record, certificate and attestation are in due form of law and made y the prop offi President .1 ge Commonwealth of Pennsylvania County of Cumberland ss: 1, Curtis R. Long , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable FdJar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set hand and affi d the seal of said Court . bb7 d of '?eCembe A. D. 19 xx Prothonotary b 0 0 a m 't{ O O d o X o c n ? ? b o. n 0 d n O G No i 1 k G C z it o V. ? N O O? Pb N C9 N ? N ? O Ul Y ? p u 1 '? 41 m z 0 c? I PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2006-04786 WELLS FARGO BANK N A (vs) CASEY DON L ET AL Reference No..: Filed........: 8/21/2006 Case Tyyppe..... : COMPLAINT - MORT FORE Time.........: 11:31 Judgment..... 130260.36 Execution Date 10/20/2006 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments -------------, Higher Crt 1.: 1782MDA2007 Higher Crt 2.: General Index Attorney Info WELLS FARGO BANK N A PLAINTIFF UDREN MARK J 1270 NORTHLAND DRIVE SUITE 200 MENDOTA HEIGHTS MN 55120 CASEY DON L DEFENDANT 1471 PINE ROAD CARLISLE PA 17013 UNITED STATES OF AMERICA DEFENDANT 228 WALNUT STREET P 0 BOX 11754 HARRISBURG PA 17108 ******************************************************************************** Judgment Index Amount Date Desc . CASEY DON L 130260.36 10/2'02006 FAILURE TO ANSWER CASEY DON L 130,260.36 10%20/2006 WRIT OF EXECUTION CASEY DON L 144,238.61 7/11/2007 ORDER ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - - - - - - I'd?1f 8/21/2006 COMPLAINT - MORTGAGE FORECLOSURE ------------------------------------------------------------------- S 9/28/2006 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT - MORT FORE Ret Type.: Regular Litigant.: CASEY DON L Addres : 1471 PINE ROAD Cty_/St%ZPONCARLISLE, PA 17013 Hn To: DD CASEY Shf/D ty.: MLIAM CLINE Date/Time: 08 2006 1055:00 Costs....: .9 Pd By: UDREN LAW OFFICE 09/28/2006 ----------------------------------------------- ?- 9/28/2006 SHERIFF'S FILE RETURNED FILED. Case Type: COMP-MORT FORE,LETTER,STIPULAT Ret Type.: Out of Count Case Type: COMP-MORT FORE LETTER STIPULAT Ret Type.: Out of Count Litigant.: UNITED STATES bF AMERICA Cty St/Z 2STPARE17108 SERVED 8/25/06 County Nm: : HARRISBURG, DAUPHIN Ret Date.: 09/28/2006 Costs....: $54.88 UDREN LAW OFFICE 09/28/2006 Pd By: UDREN L ------------------------------------------------------------------- a9 30 10/20/2006 PRAECIPE TO SUBSTITUTE VERIFICATION - COMPLAINT IN MORTGAGE FORECLSURE - BY MARK J UDREN ATTY FOR PLFF -------------------------------------------------- 31 10/20/2006 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF $130260.36 ------------------------------------------------------------------- 10/20/2006 NOTICE MAILED TO DEFENDANT ---------------------------- 2,?2-3O 10/20/2006 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) --------------------------- --------------------------- 3S 10/20/2006 AFFIDAVIT OF NON MILITARY SERVICE ------------------------------------------------------------------- 3 ?..3? 10/20/2006 PRAECIPE FOR WRIT OF EXECUTION AND WRIT OF EXECUTION ISSUED $2.50 PD ATTY $1.00 COUNTY $.50 LL ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary's Office Civil Case Print 2006-04786 WELLS FARGO BANK N A (vs) CASEY DON L ET AL Reference No..: Case Type.. COMPLAINT - MORT FORE Judgment..... : 130260.36 Judge Assigned: HESS KEVIN A Disposed Desc.: ------------ Case Comments -------------, 3if 10/20/2006 yl' y 10/20/2006 y3 y? 10/20/2006 IK- 3/05/2007 45. 3/06/2007 71 - 5/15/2007 lee- lpf 5/30/2007 W) 6/08/2007 7/03/2007 7/11/2007 8/14/2007 /ySf'I?1 8/14/2007 8/14/2007 /0 8/16/2007 /I/5/ 8/16/2007 /?? 8/16/2007 ,;2 8/23/2007 071zl 8/30/2007 -2a5--,-?378/30/2007 Page 2 Filed......... 8/21/2006 Time. 1.31 Execution Date 10/20/2006 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: 1782MD 2007 Higher Crt 2.: CERTIFICATE ----------------------------------------------------------------- AFFIDAVIT PURSUANT TO RULE 3129.1 ----------------------------------------------------------------- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 AFFIDAVIT OF SERVICE - NOTICE OF SHFF'S SALE - BY MARK J UDREN ATTY FOR PLFF ------------------------------------------------------------------- CERTIFICATE OF SERVICE - NOTICE OF SALE - BY MARK J UDREN ATTY FOR PLFF ------------------------------------------------------------------- MOTION FOR REASSESSMENT OF DAMAGES - BY MARK J UDREN ATTY FOR PLFF ------------------------------------------------------------------- AMENDMENT TO MOTION FOR REASSESSMENT OF DAMAGES - BY MARK J UDREN ATTY FOR PLFF ------------------------------------------------------------------- RULE TO SHOW CAUSE - 06-08-07 - ORDERED: 1-RULE ISSUED UPON RESPONDENT TO SHOW CAUSE WHY PETITIONER IS NOT ENTITLED TO RELIEF REQUESTED 2-RESPONDENT MAY FILE ANSWER TO PETITION ON OR BEFORE 20 DAYS 3-PETITION SHALL BE DECIDED UNDER PA RCP 206.7 6-NOTICE OF ENTRY OF THIS ORDER SHALL BE PROVIDED TO ALL PARTIES BY PETITIONER - BY KEVIN A HESS J - COPY MAILED 06-08-07 ------------------------------------------------------------------- MOTION TO MAKE RULE ABSOLUTE - BY MARK J UDREN ATTY FOR PLFF ------------------------------------------------------------------- ORDER - DATED JULY 11 2007 - THE PROTHONOTARY IS ORDERED TO REASSESS THE DAMAGES fN REM IN THE AMOUNT OF $144,238.61 COPIES MAILED BY THE COURT KEVIN A HESS J ' ------------------------------------------------------------------- PETITION TO INTERVENE - BY JOSEPH P SCHALK ATTY FOR JPMORGAN CHASE BANK N A ------------------------------------------------------------------- JPMORGAN CHASE BANK NAS MOTION TO SET ASIDE SALE - BY JOSEPH P SCHALK ATTY FOR INTERVENER ------------------------------------------------------------------- EXCEPTIONS OF JP MORGAN CHASE ANK N A TO SHERIFFS SALE PUSUANT TO PA RCP RULE 3136(D) - BY JOSEPH P SCHALK ATTY FOR JP MORGAN CHSE BANK N A ------------------------------------------------------------------- ORDER - DATED 08-15-07 - IN RE: JPMORGAN CHASE BANK NAS PETION TO INTERVENE - A BRIEF HEARING IS SET FOR 08-30-07 AT 11:00 AM IN COURTROOM NO 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY KEVIN A HESS J - COPIES MAILED 08-16-07 ------------------------------------------------------------------- ORDER - DATED 08-15-07 - IN RE: JPMORGAN CHASE BANK NAS MOTION TO SET ASIDE SALE - A BRIEF HEARING IS SET FOR 08-30-07 AT 11:00 AM IN COURTROOM NO 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY KEVIN A HESS J - COPIES MAILED 08-16-07 ---------------=--------------------------------------------------- ORDER - DATED 08-15-07 - IN RE: PLAINTIFFS EXCEPTIONS TO SHERIFFS SALE DISTRIBUTION - A BRIEF HEARING IS SET FOR 08-30-07 AT 11:00 AM IN COURTROOM NO 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY KEVIN A HESS J - COPIES MAILED 08-16-07 ------------------------------------------------------------------- PETITION TO INTERVENE - SUSAN J HARTMAN ATTY FOR JAMES GOODHART AND SUSAN I HOUGHTON ------------------------------------------------------------------- ORDER - DATED AUGUST 30 2007 - UPON CONSIDERATION'OF JPMORGAN CHASE BANK NA PETITION ?O INTERVENE IT IS HEREBY ORDERED AND DECREED THAT THE INSTANT PETITION TO INTERVENE IS GRANTED JPMORGAN CHASE BANK NA IS HEREBY MADE AN INTERVENER IN THIS CASE BY THE COURT KEVIN A HESS J ------------------------------------------------------------------- REPLY TO WELLS FARGO BANK NA ET SEQ TO JPMORGAN CHASE BANK NA'S MOTION TO SET ASIDE SALE - B41 MARK J UDREN ATTY FOR PLFF PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2006-04786 WELLS FARGO BANK N A (vs) CASEY DON L ET AL Reference No..: Filed........: 8/21/2006 Case Tyyppe..... : COMPLAINT - MORT FORE Time..;..... 1:31 Judgment..... 130260.36 Execution Date 10/20 2006 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------ Higpher Crt 2,: 1782MDA2007 ------------------------------------------------------------------- a3 ._as'j 8/30/2007 EXREPLY OF CEPTIONS ETOSSHFFGS SABANK NA ET SEQ TO JPMORGAN CHASE LE DISTRIBUTION PURSUANT TO PA RCP K3136D - BY MARK J UDREN ATTY FOR PLFF ------------------------------------------------------------------- ,25,7 9/18/2007 ORDER OF COURT DATED 9/18/07 - IN RE JP MORGAN CHASE BANK N A'S MOTION TO SET ASIDE SALE - FOLLOWING HEARING AND ARGUMENT THEREON THE MOTION OF THE INTERVENOR JP MORGAN CHASE BANK N A TO SET ASIDE SHERIFF'S SALE AND THE EXCEPTIONS OF JP MORGAN CHASE BANK N A TO SHERIFF'S SALE DIS IRIBUTION ARE DENIED - BY KEVIN A HESS J - COPIES MAILED 9/18//07 ------------------------------------------------------------------- a RETURN D SERVED 10/08/2007 PAIDI$1.00 SALECOUNTY & $0.50ELLL ACKNOWLEDGECDEEDR$83602006 SHERIFF SHERIFF'S COST 4 8001.86 PD E WITHIN SOLDO OR HEN $SUMHOFI$140X000 00TTO JAMES APGOODHART7&1S//USAN IND HOUGHTON - BEING THE BUYAR PAID THE SHERIFF THE SUM OF $146,669.24. SO ANSWERS R THOMAS KLINE SHERIFF DEED FROM SHERIFF TO PURCHASER & DESCRITPION OF REAL ESTATE SEE INSTRUMENT NUMBER 200737222. ------------------------------------------------------------------- /-?7oZ 10/15/2007 ORDER - DATED 10/15/07 - IN RE APPEAL OF PLAINTIFF - IN ACCORDANCE WITH RULE 1925 O THE RULES OF APPELLATE PROCEDURE THE PLAINTIFF HAVING FILED A NOTICE OF APPEAL THE APPELLANT IS DIRECTED TO FILE OF RECORD WITHIN 14 DAYS HEREOF AND SERVE UPON THE UNDERSIGNED A CONCISE STATEMENT OF THE MATTERS QOMPLAINED OF ON THE APPEAL - BY KEVIN A HESS J - COPIES MAILED 10/15/07 ------------------------------------------------------------------- 0 73--)-9,/10/11/2007 NOTI E OF APPEAL TO SUPERIOR COURT OF PA FROM THE ORDER ENTERED ON 9/1807 - BY MICHELE M BRADFORD ESQ FOR PLFF ------------------------------------------------------------------- 10/25/2007 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #1782 MDA 2007 ------------------------------------------------------------------- 10/29/2007 INTERVENER JP MORGAN CHASE BANK NA'S STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY MICHELE M BRADFORD ESQ FOR PLFF ------------------------------------------------------------------- d9p-33,, ' 11/15/2007 TRANSCRIPT FILED - DATED 11-14-07 - BY KEVIN A HESS J ------------------------------------------------------------------- 3;V., 12/04/2007 OPINION PURSUANT TO RULE 1925 - BY KEVIN A HESS J - COPIES MAILED ------------------------------------------------------------------- 12/12/2007 NOTICE OF DOCKET ENTRIES MAILED TO MARK J UDREN ESQ MICHELE M BRADFORD ESQ SUSAN HARTMAN ESQ AND DON L CASEY .330 - --- - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************4*?r ******************************************************** * Escrow Information * Fees & Debits Beq*Bal***Pmts/Adl End Bal ******************************** **** ****** ******************************* COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 JDMT 9.00 9.00 .00 WRIT OF EXEC 15.00 15.00 .00 JDMT/DEFAULT 14.00 14.00 .00 SUBPOENA 3.00 3.00 .00 SUBPOENA 3.00 3.00 .00 SHFF RETURN FEE 1.00 1.00 .00 LAW LIB FEE .50 50 .00 ACKNOWLEDGMENT 48.00 48..00 .00 APPEAL HIGH CT 48.00 48.00 .00 ------------------------ ------------ 197.00 197.00 .00 ******************************************************************************** PYS511 Cumberland County Prothonotary's Office Page 4 Civil Case Print 2006-04786 WELLS FARGO BANK N A (vs) CASEY DON L ET AL Reference No..: Filed........: 8/21/2006 Case Type.... COMPLAINT - MORT FORE Time.........: 11:31 Judgment..... 130260.36 Execution Date 10/20/2006 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments --- Higher Crt 1.: 1782MDA2007 * End of Case Information Higher Crt 2.: * TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ..... /..?....... day of...04e-- .............. so .............. ` /) .. .:. &:. ' Prothonota ?_ , e Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. January 12, 2009 Deputy Prothonotary Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Wells Fargo Bank, NA et al v. Casey, D et al No. 1782 MDA 2007 Trial Court/Agency Dkt. Number: 06-4786 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 100 Pine Street. Suite 400 Harrisburg, PA 17101 717-772-1294 www.superior.court.state.pa.us Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Part Filed Date Description December 12, 2007 1 Date of Remand of Record: FFB 1 Q 2009 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. '?L. n? t Jame elf McCullough, sq. Deputy Prothonotary Signature Date Printed Name ??? t'"? ? ? ?. ? ?+ ?? ?? ` + ?? :£ ?= ?, ? i .. . P ?? ?,,,' ?. ' . a J. A24030/08 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 WELLS FARGO BANK, N.A., AS IN THE SUPERIOR COURT OF TRUSTEE FOR ABFC ASSET-BACKED PENNSYLVANIA CERT. SERIES 2005-HE1 V. DON L. CASEY AND UNITED STATES OF AMERICA APPEAL OF: JP MORGAN CHASE BANK, N.A., INTERVENOR No. 1782 MDA 2007 Appeal from the Order Entered September 18, 2007, Court of Common Pleas, Cumberland County, Civil Division, at No. 06-4786. BEFORE: GANTMAN, SHOGAN and KELLY, JJ. MEMORANDUM: FILED: January 12, 2009 Appellant, JP Morgan Chase Bank, N.A., an intervenor, appeals from the order denying both its motion to set aside sheriff's sale and exceptions to sheriff's sale distribution in this mortgage foreclosure action brought by Appellee, Wells Fargo Bank, N.A., against Defendant, Don L. Casey. After careful review, we reverse in part and remand for further proceedings. The trial court aptly summarized the history of this case as follows: In this case, the defendant, Don L. Casey, defaulted on two mortgages. One was with [Appellee], as Trustee for ABFC Asset-Backed Certificates, Series 2005- H[E]1 (Wells Fargo). The other was with [Appellant]. An in rem judgment was entered in favor of [Appellant] on July 26, 2006 in the amount of $22,655.93. An in rem judgment was also entered in favor of [Appellee] in a mortgage foreclosure action on October 13, 2006. A J. A24030/08 The judgment in favor of [Appellee] was eventually assessed at $144,238.61. Pursuant to the Writ of Execution issued on October 20, 2006 to enforce the judgment, the mortgaged premises located at 1471 Pine Road, Carlisle, PA 17013 was scheduled to be sold at the July 11, 2007 Cumberland County Sheriff's sale. [Appellant] intended to bid on the premises at the sheriff's sale. On July 2, 2007, an employee of the bidding department of Phelan, Hallinan & Schmieg, LLP, attorneys for [Appellant], emailed an employee of the bidding department of Udlren Law Offices, P.C., attorneys for [Appellee], making [Appellee] aware that [Appellant] wanted to bid at the foreclosure sane. On July 9th, [an Appellee] employee sent a short, one line email to [an Appellant] employee stating that the foreclosure sale was being postponed until August 8, 2007. However, [appellee] decided on July 10th that the foreclosure sale could proceed, even though its pending Motion to Reassess Damages had not yet been ruled upon, and the sheriff's sale took place as originally scheduled on July 11, 2007. At the sale, the subject property was sold to third party bidders, James Goodhart and Susan Houghton, for $140,000. After the sale, the Sheriff issued a proposed Schedule of Distribution, which listed [Appellee] as receiving $135,722.50, and [Appellant] receiving nothing. According to 42 Pa.C.S.A. § 8152(c), "[a] judicial or other sale of real estate in proceedings under a prior judgment or a prior ground rent, or in foreclosure of a prior mortgage, shall discharge a mortgage later in lien." Therefore, [Appellant's] junior lien was divested by operation of law. [Appellant] subsequently intervened in the captioned Wells Fargo foreclosure action. James Goodhart and Susan Houghton also intervened in this action. [Appellant] filed Exceptions to Sheriff's Sale and a Motion to Set Aside Sale, which were both denied on order after hearing and argument. [Appellant] has appealed the order. Trial Court Opinion, 12/4/07, at 1-2.1 1 "It is clear that an appeal will lie from a final order sustaining or dismissing exceptions to a sheriff's schedule of distribution." Mid-State Bank & Trust -2- w J. A24030/08 Appellant presents the following issues for our review: 1. Did the lower court abuse its discretion or commit an error of law in denying [Appellant's] timely exceptions to sheriff's schedule of distribution considering [Appellant's] justifiable reliance on the representation of [Appellee's] counsel that the July 11, 2007 sheriff's sale would be postponed? 2. Did the lower court abuse its discretion in failing to exercise its equitable powers when [Appellant's] mortgage was divested by the July 11, 2007 sheriff's sale without any distribution from the sale proceeds, while [Appellee] received more than it expected from the sale proceeds, despite negligence and misrepresentation? Appellant's Brief at 4. We will address these interrelated issues pertaining to the trial court's exercise of its equitable powers simultaneously.2 Where exceptions to the distribution of proceeds of a foreclosure sale are filed, a court will hear and determine them according to law and equity. Extraco Mortgage v. Williams, 805 A.2d 543 (Pa. Super. 2002). Our standard of review with respect to the action of a chancellor in equity is limited. We will reverse only where the trial court was "palpably erroneous, misapplied the law or committed a manifest abuse of discretion." Thermo- Guard Inc. v. Cochran, 596 A.2d 188, 193 (Pa. Super. 1991). Co. v. Globalnet International Inc., 710 A.2d 1187, 1190 (Pa. Super. 1998). z We note that Appellant only challenges the portion of the trial court's order pertaining to Appellant's exception to the sheriff's schedule of distribution. Appellant does not advocate the setting aside of the sheriff's sale as that would harm the third party purchasers in this case. See Appellant's Brief at 17. Accordingly, we will not address the portion of the order which denied Appellant's motion to set aside the sheriff's sale. -3- 3. A24030/08 Equitable estoppel is a doctrine that prevents one from doing an act differently than the manner in which another was induced by word or deed to expect. Kreutzer v. Monterey County Herald Co., 560 Pa. 600, 606, 747 A.2d 358, 361 (2000) (citing Novelty Knitting Mills v. Siskind, 500 Pa. 432, 435, 457 A.2d 502, 503 (1983)). A doctrine sounding in equity, equitable estoppel recognizes that an informal promise implied by one's words, deeds or representations which leads another to rely justifiably thereon to his own injury or detriment may be enforced in equity. Id. Thus, the two essential elements of equitable estoppel are inducement and justifiable reliance on that inducement. Novelty Knitting Mills, at 436, 457 A.2d at 504. The inducement may be words or conduct and the acts that are induced may be by commission or forbearance provided that a change in condition results causing disadvantage to the one induced. Id. In addition, we are mindful that the Pennsylvania Rules of Civil Procedure require that notice of an impending sheriff sale be served upon all lien holders so that they may protect their interests at the sheriff's sale. Pa.R.C.P. 3129.1. Our review of the record reflects that counsel for Appellant contacted Appellee's counsel on July 2, 2007 via email.3 The correspondence informed Appellee that Appellant was intending to bid on the foreclosed property at the sheriff's sale. In addition, Appellant requested that Appellee inform 3 The parties have stipulated to the authenticity of the emails. -4- 6 1. A24030/08 Appellant of the "upset price" when it was available. One week later, on July 9, 2007, Appellee's counsel responded to Appellant's counsel via email. At that time, two days before the scheduled date of sheriff's sale, Appellee informed Appellant that the sheriff's sale was going to be postponed. Appellant's counsel subsequently replied by email and requested the new sale date. Again via email, Appellee's counsel informed Appellant's counsel that the sheriff's sale was being postponed to August 8, 2007. Appellee's counsel took no further steps to inform Appellant's counsel that the sheriff's sale had not been postponed as indicated in the email. As a result, Appellant was not present at the July 11, 2007 sheriff's sale and was not able to bid on the property to protect its lien rights. Thus, the record indicates that after being induced by Appellee into believing that the sheriff's sale was being postponed, Appellant justifiably relied upon that representation and did not attend the scheduled sheriff's sale. Consequently, Appellant's justifiable reliance resulted in injury, which equity requires the trial court to correct. Therefore, the trial court erred in failing to grant relief to Appellant.4 Accordingly, we are constrained to remand this 4 To the extent that the trial court denied equitable relief based upon its understanding of GMAC Mortgage Corp. v. Buchanan, 929 A.2d 1164 (Pa. Super. 2007), it is our observation that GMAC is distinguishable. In GMAC, the trial court denied the appellant homeowner's petition to set aside the sheriff's sale and this Court affirmed holding that the appellant failed to cite authority that would require the sheriff to provide notice that the property had not been removed from the sale list. In GMAC, the appellant property was sold at a scheduled sheriff's sale despite "an oral representation -5- 3. A24030/08 matter to the trial court, sitting in equity, to address the distribution of the sale proceeds so as to correct the injury suffered by Appellant in reliance of Appellee's misrepresentation. Order reversed in part. Case remanded for further proceedings consistent with this memorandum. Jurisdiction relinquished. Judgment Entered: c r1uty Prothonotary January 12, 2009 14 Date: allegedly made by an unnamed member of the Sheriff's Office that purportedly indicated the subject property would be removed from the sheriff's sale." Id. at 1168. In the instant matter, Appellant only challenges the sheriff's schedule of distribution and does not request that the sale be set aside. Furthermore, it is undisputed that the representation that the sheriff's sale would be postponed was made by Appellee's counsel. Hence, GMAC is inapposite as the facts are sufficiently dissimilar. -6- ?-' ^? <-? r. ? "t'1 -Tl P ?'i 4'3 'I7 .. I`J ._". Z.? T y'1 t.i 1 ", s 7^- , ....., l ? ? t.; ,. :? ? .. PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee for ABFC Asset-Backed Certificates, Series 2005-HE1 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff VS. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4786-Civil Term PRAECIPE TO WITHDRAW MOTION TO SET ASIDE SHERIFF SALE AND EXCEPTIONS TO THE SHERIFF SALE TO THE PROTHONOTARY: Intervener, JPMorgan Chase Bank, N.A., hereby withdraws its Motion to Set Aside Sheriff Sale and Exceptions to the Sheriff Sale filed on or about August 14, 2007 with prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP DATE: d? B • VA ose P. halk, Esquire Atto ev for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff (215) 563-7000 x 7365 Wells Fargo Bank, N.A. as Trustee Court of Common Pleas for ABFC Asset-Backed Certificates, Series 2005-HE1 Civil Division 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Cumberland County Plaintiff No. 06-4786-Civil Term vs. Don L. Casey 1471 Pine Road Carlisle, PA 17013 United States of America 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to Withdraw the Motion to Set Aside Sheriffs Sale and Exceptions to Sheriff Sale was served by U.S. first class mail on all parties on the date listed below: Don L. Casey Sheriff of Cumberland County United States of America 1471 Pine Road Cumberland County Courthouse 228 Walnut Street Carlisle, PA 17013 One Courthouse Square P.O. Box 11754 Carlisle, PA 17013-3387 Harrisburg, PA 17108 Mark J. Udren, Esquire Susan Hartman, Esquire Woodcrest Corporate Center 1 Irvine Row 111 Woodcrest Road, Suite 200 Carlisle, PA 17013 Cherry Hill, NJ 08003 C7 A4 /0 Date James Goodhart Susan I. Houghton 443 Adams Road Carlisle, PA 17013 chalk, Esquire for Intervener t? F# D-Di-- i O THE: 1?..' i ?!?.,iA K- ARi 2009 SEP -3 AN 10= 2G uiv`i a ' PEI C CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA C] The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Wells Fargo Bank, N.A., as Trustee for ABFC Asset-Backed Certificates, Series 2005-HEl vs Don L. Casey and United States of America 2006-4786 Civil 1782 MDA 2007 Received in Superior Court DEC 1 2 2007 MIDDLE The documents comprising the record have been numbered from No.l to 330, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 12/~~/2007 . ,, i ,~ Curtis R. Long,;. at "or~~~ ary Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title