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HomeMy WebLinkAbout07-1029UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee :CIVIL DIVISION 4837 Watt Avenue Suite 200 :Cumberland County North Highlands, CA 95660 Plaintiff V. Edwin Fleck Judy Fleck nn NO. 0`7 - 16,29 1, l V t `, 424 State Street Enola, PA 17025 Defendant (s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMIEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: New Century Mortgage Corporation Assignments of Record to: Deutsche Bank National Trust Company as Trustee Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the mortgage being foreclosed is as follows: MORTGAGED PREMISES: 424 State Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of West Fairview COUNTY: Cumberland DATE EXECUTED: 3/11/04 DATE RECORDED: 3/19/04 BOOK: 1857 PAGE: 2715 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below, (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said mortgage as of 2/6/07: Principal of debt due $70,055.59 Unpaid Interest at 6.55% from 8/1/06 to 2/6/07 (the per diem interest accruing on this debt is $12.49 and that sum should be added each day after 2/6/07) 2,363.07 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $374.10 and that sum should be added on the first of each month after 2/6/07) 4,197.41 Late Charges (monthly late charge of $22.87 should be added in accordance with the terms of the note each month after 2/6/07) 22.87 Recoverable Balance 100.00 Attorneys Fees (anticipated and actual to 50 of principal) 3.502.78 TOTAL $80,846.72 * 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 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 $80,846.72 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, NOW KNOWN AS EAST PENNSBORO, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE SOUTHERN LINE OF STATE ROAD AT OR OPPOSITE THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD; THENCE SORTHWARDLY THROUGH THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD AND BEYOND ONE HUNDRED TWENTY (120) FEET TO A POINT IN THE NORTHERN LINE OF AN UNNAMED ALLEY; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF SAID UNNAMED ALLEY NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT IN THE EASTERN LINE OF LOT NO. 4, ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE NORTHWARDLY ALONG THE EASTERN LINE OF LOT NO. 4, LANDS NOW OR FORMERLY OF RUDY, ONE HUNDRED TWENTY (120) FEET TO A POINT IN THE SOUTHERN LINE OF STATE ROAD; THENCE EASTWARDLY ALONG THE SOUTHERN LINE OF STATE ROAD, NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. BEING THE WESTERN PART OF LOT NO. 5 ON THE PLAN OF LOTS KNOWN AS MCCORMICK'S ADDITION TO WEST FAIRVIEW, SAID PLAN BEING RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 4. BEING KNOWN AND DESIGNATED AS TAX PARCEL I.D. NO. 45-16-1.050-075. SUBJECT TO THE RESERVATIONS, RESTRICTIONS, EXCEPTIONS, EASEMENTS, BUILDING LINES AND CONDITIONS AS SET FORTH IN PRIOR INSTRUMENTS OF RECORD IN CHAIN OF TITLE. ; OM Q SERVICIm-t DF785 November 29, 2006 EDWIN FLECK 424 STATE STREET ENOLA, PA 17025 HOMEOWNERS NAME(S): EDWIN FLECK PROPERTY ADDRESS: 424 STATE ST ENOLA, PA 17025 LOAN ACCOUNT NUMBER: 0321725343 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FO"n-uCLOSU-n-v This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and 1hone number of Consumer Credit Counseling Agencies servingyour county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE EXHIBIT A HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your propertty is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the Homeowners 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 completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 424 STATE ST ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $3,207.70 c) Late Charges: $114.35 d) Recoverable Corporate Advances: $113.50 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($436.88) g) Total amount past due as of (due date): $2,998.67 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$2,998.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made Payable to HomEa and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 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/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a 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/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to Dav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer 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, yQu still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff s Sale. You maw do so by paving the total amount then past due plus any late charges, other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. 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 Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. 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/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s 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 Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 HOMBQ SERVICING DF785 November 29, 2006 JUDY FLECK 424 STATE STREET ENOLA, PA 17025 HOMEOWNERS NAME(S): JUDY FLECK PROPERTY ADDRESS: 424 STATE ST ENOLA, PA 17025 LOAN ACCOUNT NUMBER: 0321725343 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FOX%-n-uCLOSUIm-n-v This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the counseling agency. The name address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, 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 completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 424 STATE ST ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $3,207.70 c) Late Charges: $114.35 d) Recoverable Corporate Advances: $113.50 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($436.88) g) Total amount past due as of (due date): $2,998.67 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$2,998.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomEq and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default biking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 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/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a 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/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer 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 Sheriff s Sale. You may do so by paving the total amount then past due plus any late charges other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. 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 Sheriff s sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. 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/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s 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 Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 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. Udren, ESQUIRE UDREN LAW OFFICES, P.C. w ? Z> C ri7 Tt ? C 3 T? t? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. Edwin Fleck :NO. 07-1029 Civil Term Judy Fleck Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure upon Defendant(s), Edwin Fleck and Judy Fleck by regular mail and certified mail, by posting the mortgaged premises, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at 424 State Street, Enola, PA 17025, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit A. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint in Mortgage Foreclosure upon said Defendant(s), Edwin Fleck and Judy Fleck by regular mail and certified mail, by posting the mortgaged premises, and also by publishing in accordance with Pa.R.C.P. 430 (b) (1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County. UDREN LAW OFFICES, P.C. By: Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. Edwin Fleck :NO. 07-1029 Civil Term Judy Fleck Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant(s)has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint in Mortgage Foreclosure upon Defendant (s) by regular mail and certified mail, by posting the mortgaged premises, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County. UDREN LAW OFFICES, P.C. i e By: Mark J. Udren, Esq ire Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01029 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FLECK EDWIN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , FLECK EDWIN 424 STATE STREET ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENUNT PRIOR TO EXPIRATION. Sheriff' s Costs: So answers :-?-' ---'?-' Docketing 18.00 Service 57.60 Not Found 5.00 - R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 90.60 UDREN LAW OFFICES 03/27/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01029 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FLECK JUDY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , FLECK JUDY 424 STATE STREET ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION. NOT FOUND , as to Sheriff's Costs: So answers` ?.r Docketing 6.00 Service .00 Not Found 5.00 R. Thom Kline Surcharge 10.00 Sheriff of Cerland County .00 21.00 UDREN LAW OFFICE 03/27/2007 Sworn and Subscribed to before me this day of , A. D. Feb-09-07 12:00pm From-Player's Association 636 230 0558 T-400 P.025/035 F-340 Players Nabonal Locator, Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number. 07028118 Attorney Firm: MARK J UDREN & ASSOCIATES Case Number. Subject: Edwin Fleck and Judy Fleck A.K.A.: Edwin H Fisch; Judy E Fleck, Judy E Beers Last Known Address: 424 State Street Enola, PA 17026 Last Known Number: ( ) - Melissa KCozma, being duty sworn according to law, deposes and says: 1. 1 am employed in the capacity of Location Specialist for Players National Locator, Inc. 2. On 0210912DD7, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):162-58-8335 210-60-0145 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Edwin Fleck or Judy Fleck. C. INQUIRY OF CREDITORS: Cmdltom Indicated the last reported address for Edwin Fleck and Judy Fleck is 424 State Streit, Enola, PA 17025 with no valid home number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for Edwin Fleck or Judy Fleck. We called (717) 732-6727 and spoke with a relative who stated Edwin Fleck and Judy Fleck are living at 424 State Street, Enola, PA 17026. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE. As of February Os, 2007 the National Change of Address {NCOA) has no change for Edwin Fleck or Judy Fleck from 424 State Street, Enola, PA 17025. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license Information for Edwin Flock or Judy Fleck. OTHER INQUIRIES - A. DEATH RECORDS. As of February 06, 2007 the Social Security Administration has no death records on file for Edwin f=leck or Judy Fleck and/or A.K.A's under the social security numbers provided. EXHIBIT I Feb-99-07 12.00pm From-Player's Association 636 230 0558 T-400 P.026/035 F-340 B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None Found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a fisting with the County Voters RegWtratfon Office. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Edwin - November 1970 Judy - November 1971 01(11AA elissa KoR before NATARY SEAL Kristine M. Soot, Notary Public 5t. Louis County. State of Missouri My Commission Expires 912t2oio Commission Number pWSW5 Players National Locator, Inc. 174 Clarkson Road, Suite 225 St.Louls, MO 63011 Phone: (636)230-9922 Fax: (636)230-0558 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 FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT 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. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Date: April 10, 2007 A"q- Mark J. dren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust =COURT OF COMMON PLEAS Company as Trustee :CIVIL DIVISION Plaintiff Cumberland County V. Edwin Fleck NO. 07-1029 Civil Term Judy Fleck Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: April 10, 2007 TO: Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 UDREN LAW OFFICES, P.C. BY. \ AAA ' Mark Udren, 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 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company as Trustee Plaintiff V. Edwin Fleck Judy Fleck Defendant(s) :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :NO. 07-1029 Civil Term AMENDMENT TO MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT TO THE PROTHONOTARY: Kindly add the following paragraphs to Motion for Alternate Service in compliance with Cumberland County Local Rules of Court .208.3(a)(2) and 208.3(a)(9): 5. 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. 6. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. UDREN LAW OFFICES, P.C.. \ /1 L?? Ma k ren, squire Attorney for Plaintiff APR 1 2 200W' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee '-.CIVIL DIVISION Plaintiff :Cumberland County V. Edwin Fleck :NO. 07-1029 Civil Term Judy Fleck Defendant(s) O R D E R AND NOW, this 2 `. day of qp") , 2 0 0 7 , upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Edwin Fleck and Judy Fleck, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Edwin Fleck and Judy Fleck at 424 State Street, Enola, PA 17025, by posting the mortgaged premises located at 424 State Street, Enola, PA 17025, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County. X?A nv mvti, (,nrmrr . LO LZ ?A Nll 3HI :40 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 Deutsche Bank National Trust Company as Trustee Plaintiff Edwin Fleck Judy Fleck V. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: April 30, 2007 UDREN LAW OFFICES, P.C. - L?? 1? Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF cm _ "'„ie 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 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. Edwin Fleck :NO. 07-1029 Civil Term Judy Fleck Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Complaint in Mortgage Foreclosure to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant (s) as follows: DATE MAILED: edP1o-7 Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: G-`to r(J-7 UDREN LAW OFFICES, P.C. Mark J. Udren, Esquire Attorney for Plaintiff •?•?..?. nj ti -0 -0 ? w .. C3 C3 ??.. 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Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FLECK JUDY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , FLECK JUDY NOT FOUND , as to 424 STATE STREET ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANTS PRIOR TO EXPIRATION. Sheriff's Costs: So answers Docketing 6.00 Service .00 Not Found 5.00 R. Thom Kline Surcharge 10.00 Sheriff of Cumberland County 00 q/0-410 9, V- 2 UDREN LAW OFFICE 03/27/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01029 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT - ? TJ TTTIT.TTTT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT FT,RrK 7nWTN NOT FOUND , as to 424 STATE STREET ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 57.60 Not Found 5.00 Surcharge 10.00 .00 g1by10990.60 So answer R. Thomas Kline Sheriff of Cumberland County UDREN LAW OFFICES 03/27/2007 Sworn and Subscribed to before me this day of A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER WEMER TIFY 111 WOODCREST ROAD, SUITE 200 WIT CHERRY HILL, NJ 08Q03-3620 CORREkATRUE,,- F HE OR€G, ; 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee ;CIVIL DIVISION 4837 Watt Avenue Suite 200 Cumberland County North Highlands, CA 95660 Plaintiff v. n Fleck Fleck `-_ NO. iu (?? ??02.9 Judy L 424 State Street c(( Enola, PA 17025 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE 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 TRUE We-, rHulioi nc(;ORD 717-249-3166 , 800-990-9108 Ta thonY whrr, i l-^"e!Int0setmyha Id the seal r` arlisle, Pa i y ?' zZI a- 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 SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: New Century Mortgage Corporation Assignments of Record to: Deutsche Bank National Trust Company as Trustee Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 424 State Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of West Fairview COUNTY: Cumberland DATE EXECUTED: 3/11/04 DATE RECORDED: 3/19/04 BOOK: 1857 PAGE: 2715 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 2/6/07: Principal of debt due $70,055.59 Unpaid Interest at 6.55% from 8/1/06 to 2/6/07 (the per diem interest accruing on this debt is $12.49 and that sum should be added each day after 2/6/07) 2,363.07 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $374.10 and that sum should be added on the first of each month after 2/6/07) 4,197.41 Late Charges (monthly late charge of $22.87 should be added in accordance with the terms of the note each month after 2/6/07) 22.87 Recoverable Balance 100.00 Attorneys Fees (anticipated and actual to 5% of principal) 3,502.78 TOTAL $80,846.72 * 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 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 $80,846.72 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, NOW KNOWN AS EAST PENNSBORO, COUNTY OF CUMBERLAND AND. COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE SOUTHERN LINE OF STATE ROAD AT OR OPPOSITE THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD; THENCE SOUTHWARDLY THROUGH THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD AND BEYOND ONE HUNDRED TWENTY (120) FEET TO A POINT IN THE NORTHERN LINE OF AN UNNAMED ALLEY; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF SAID UNNAMED ALLEY NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT IN THE EASTERN LINE OF LOT NO. 4, ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE NORTHWARDLY ALONG THE EASTERN LINE OF LOT NO. 4, LANDS NOW OR FORMERLY OF RUDY, ONE HUNDRED TWENTY (120) FEET TO A POINT IN THE SOUTHERN LINE OF STATE ROAD; THENCE EASTWARDLY ALONG THE SOUTHERN LINE OF STATE ROAD, NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. BEING THE WESTERN PART OF LOT NO. 5 ON THE PLAN OF LOTS KNOWN AS MCCORMICK'S ADDITION TO WEST FAIRVIEW, SAID PLAN BEING RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 4. BEING KNOWN AND DESIGNATED AS TAX PARCEL I.D. NO. 45-16-1050-075. SUBJECT TO THE RESERVATIONS, RESTRICTIONS, EXCEPTIONS, EASEMENTS, BUILDING LINES AND CONDITIONS AS SET FORTH IN PRIOR INSTRUMENTS OF RECORD IN CHAIN OF TITLE. Oomp,Q Sum-ICING DF785 November 29, 2006 EDWIN FLECK 424 STATE STREET ENOLA, PA 17025 HOMEOWNERS NAME(S): EDWIN FLECK PROPERTY ADDRESS: 424 STATE ST ENOLA, PA 17025 LOAN ACCOUNT NUMBER: 0321725343 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FOX%'D-vXjCLOSU-nXd This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any Questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE EXHIBIT A HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the Homeowners 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 completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 424 STATE ST ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $3,207.70 c) Late Charges: $114.35 d) Recoverable Corporate Advances: $113.50 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($436.88) g) Total amount past due as of (due date): $2,998.67 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$2,998.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomEo and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 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/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a 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/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired to vav attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer 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 Sheriff s Sale. You may do so by paving the total amount then past due plus any late charges other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. 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 Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. 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/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s 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 Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 DF785 November 29, 2006 JUDY FLECK 424 STATE STREET ENOLA, PA 17025 HOMEOWNERS NAME(S): JUDY FLECK PROPERTY ADDRESS: 424 STATE ST ENOLA, PA 17025 LOAN ACCOUNT NUMBER: 0321725343 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FThis is an official notice that the mortgagee on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR 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 attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the 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/servicer, you have the right to apply for financial assistance from the Homeowners 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 completed, application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The 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 Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE • Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 424 STATE ST ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $3,207.70 c) Late Charges: $114.35 d) Recoverable Corporate Advances: $113.50 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($436.88) g) Total amount past due as of (due date): $2,998.67 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS S$2,998.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made Payable to HomEa and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 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/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a 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/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired to Dav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer 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 Sheriff s Sale. You may do so by paving the total amount then past due plus any late charges other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. 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 Sheriff s sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. 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/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s 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 Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 0 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. Udren, ESQUIRE UDREN LAW OFFICES, P.C. ?????? ti UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Company as Trustee 4837 Watt Avenue Suite 200 North Highlands, CA 95660 Plaintiff V. Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 Civil Term PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached Proof of Publication with regard to the captioned matter. UDREN LAW OFFICES, P.C. BY Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: June 8, 2007 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) May 16, 2007 COPY OF NOTICE OF PUBLICATION CN COUD COUNTY CIVIL ACTIOI 07-1029=011 1* IN MORT 'tEl1TSCHE ST COMI { `EDWIN DY DEFENI 1":eom 4U f Ff? D?Mn You an hereby COMPANY AS , has tllod a 1d with a Notloa to Defend, " you In ft so ot foreclose an tta nwripape sactaW an your Enola, PA 1706, vn year I b Cumberland,00ulisly. i rv YOU HAVE BEEN SUED IN COURT. 11 "you in the notice above, you must 111" a l/?tal Complaint and Notre are setwd, Oy?wlsAri anomeyand tune in wrt Q with the(7aurt??nn set forth agalnst you. You are warn" Urelt'If n1t hitlueatad by the You may tfta mil to you. YOU SHOULD TAKE THIS PAPER To YOUR HAVE A LAWYER GO TO OR TELEPHONI THIS OFFICE CAN PROVIDE FYOU O WITH I MAL ER1 /ICF O ELM ON PLEAS OF ENNSYLvANIJ?- AW TERM 5 AE FORECLOSURE JY AS TRUSTEE, PLAINTIFF va NT$ tile, wlfoss ?tarlorrn adtb?ese'te { TRU 11 e Foreclosure Compla k?t endorsed M of Common Pleas of Cum' IL TERM, party located. 424 Stalls Street, uld be solo by the Worm of k. o defend inst the clakn$.sat fort >Y ( days after this Mnlllien appearance pers4naty or defenses or oblations to tw { fsb to do so the case may or on7WM or AT A OR NO FEE. ER R"ERM SERVICE , CuMbe0land'County Bar Assoc. 32 S. Bedford St., Ca le, FA .17013 717249.3186 Zidw"006"1Z "Ir. 1 w , 3%. 200 Ch" HR, NJ 08003 858. .6900 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 16th. day of May 2007. rqjAatki?u 9 apug--2- Notary Pu is My commission expires: 9/1 /06 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstlna L. Wolfe, Notary Pubic Carlisle Boro, Cumberland County My Commission Expires Sept 1, MW Member, Pennsylvania Association Of Notarie. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 25, 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. Lisa)blarie Coyne, SWORN TO AND SUBSCRIBED before me this 25 day of May, 2007 NOTARIAL SEAL - LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 07-1029-Civil Term DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, PLAINTIFF vs. EDWIN FLECK and JUDY FLECK, DEFENDANTS NOTICE OF ACTION IN MORTGAGE FORECLOSURE TO: EDWIN FLECK and JUDY FLECK, Defendants, whose last known address is 424 State Street, Enola, PA 17025. COMPLAINT IN MORTGAGE FORECLOSURE You are hereby notified that Plain- tiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, has filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to 07-1029-CIVIL TERM, wherein Plaintiff seeks to foreclosure on the mortgage secured on your property located, 424 State Street, Enola, PA 17025, whereupon your property would be sold by the Sheriff of Cumberland County. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the notice above, 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 de- fenses 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE IFNROAMTION ABOUT HIR- ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO- VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF- FER LEGAL SERVICES TO ELI- GIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford St., Carlisle, PA 17013 (717) 249-3166 MARK J. UDREN, ESQUIRE UDREN LAW OFFICES, P.C. Attorneys For Plaintiff 111 Woodcrest Rd., Ste. 200 Cherry Hill, NJ 08003 (856) 482-6900 May 25 4 r. a c: " i - ? 5 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLECK EDWIN the DEFENDANT , at 1645:00 HOURS, on the 9th day of May 2007 at 424 STATE STREET ENOLA, PA 17025 by handing to POSTED PROPERTY AT 424 STATE STREET ENOLA 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 15.36 ??i?s.' Posting 6.00 f Surcharge 10.00 R. Thomas Kline 0 .06 49.3 05/10/2007 UDREN LAW OFFICE Sworn and Subscibed to D By: before me this day eputy S eriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01029 P w f .. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLECK JUDY the DEFENDANT , at 1645:00 HOURS, on the 7th day of May , 2007 at 424 STATE STREET ENOLA, PA 17025 by handing to POSTED PROPERTY AT 424 STATE STREET ENOLA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this of So Answers: 6.00?? .00 6.00 10.00 R. Thomas Kline .00 22.00 05/10/2007 01 UDREN LAW OFFICES By: day Depu Sheriff A. D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank National :COURT OF COMMON PLEAS Trust Co. as Trustee :CIVIL DIVISION 4837 Watt Avenue, Suite 200 :Cumberland County North Highlands, CA 95660 Plaintiff :MORTGAGE FORECLOSURE V. Edwin Fleck :NO. 07-1029 CIVIL TERM Judy Fleck 424 State Street Enola, PA 17025 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) Edwin Fleck and Judy Fleck 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 2/7/07 to 6/19/07 Late charges per Complaint From 2/7/07 to 6/19/07 Escrow payment per Complaint From 2/7/07 to 6/19/07 TOTAL I hereby certify that (1) the addresses of the are as shown above, and (2) that notice has been Rule 237.1, a copy of which is attached hereto. $80,846.72 1,661.17 114.35 1,496.40 $84,118.64 Plaintiff and Defendant given in accordance with REN OFFICES, P. C. Udren, SQUIRE A orney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : -Ju..4je- 19, adz PRO PRO UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Enquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 flleadinagft ran corn Deutsche Bank National Trust Company as Trustee Plaintiff v. Edwin Fleck Judy Fleck Defendant(s) TO: Edwin Fleck 424 State Street Enola, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 Civil Term DATE of Notice: June 8, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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 NOTIFIC-AC;ON IMPORTANT USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI 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 FAIR DEBT COLLECTION PRACTIC S ACT, THIS LAW FIRM IS DEBMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEM TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL,?8 UW FOR TfikT PURPOSE WS crest Corporate Center 111 oodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company as Trustee Plaintiff V. Edwin Fleck Judy Fleck Defendant(s) TO: Judy Fleck 424 State Street Enola, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 Civil Term DATE of Notice: June 8, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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, LISTED 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 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT T COLLECT A DEBT. ANY INFORMATION OBTAINED WILL Us OR THAT P SE. Sq uire rest Corporate Center W tdi 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National :COURT OF COMMON PLEAS Trust Co. as Trustee :CIVIL DIVISION Plaintiff Cumberland County V. Edwin Fleck :MORTGAGE FORECLOSURE Judy Fleck Defendant(s) :NO. 07-1029 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age. Residence: Employment: Edwin Fleck Over 18 As captioned above Unknown Judy Fleck Over 18 As captioned above Unknown 11 Titl ATTORNEY FOR PLAINTIFF Sworn to and subscribed before me this 19t1 day of June, 2007. M Notary Public Company: UDREN LAW OFFICES, P.C. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLECK EDWIN t1,A DEFENDANT , at 1645:00 HOURS, on the 9th day of May 2007 at 424 STATE STREET ENOLA, PA 17025 by handing to POSTED PROPERTY AT 424 STATE STREET ENOLA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this of So Answers: 18.0 15.36 6 6.00 10.00 R. Thomas Kline .00 49.36 05/10/2007 UDREN LAW OFFICE By: day eputy S eriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS FLECK EDWIN ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLECK JUDY the DEFENDANT at 1645:00 HOURS, on the 7th day of May 2007 at 424 STATE STREET ENOLA, PA 17025 by handing to POSTED PROPERTY AT 424 STATE STREET ENOLA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 00 6.00 10.00 R. Thomas Kline .00 22.00 05/10/2007 UDREN LAW OFFICES By: day Depu Sheriff A.D. r-? ?; --? t _\ .y.?... ?ry 4?,t .r+ •.?_ {h} ?? 4 ? ? ? D . ' ' . '? al •"4? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY T.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCRLST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National =COURT OF COMMON PLEAS Trust Co. as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. :MORTGAGE FORECLOSURE Edwin Fleck :NO. 07-1029 CIVIL TERM Judy Fleck Defendant(s) To: Edwin Fleck 424 State Street Enola, PA 17025 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. Prot onotary x Judgment by Default Money Judgment Judgment in Replevin l 41 Judgment for Possession `I [07 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. 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 Deutsche Bank National Trust :COURT OF COMMON PLEAS Co. as Trustee CIVIL DIVISION Plaintiff =Cumberland County V. =MORTGAGE FORECLOSURE Edwin Fleck Judy Fleck =NO. 07-1029 CIVIL TERM Defendant(s) To: Judy Fleck 424 State Street Enola, PA 17025 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 f Judgment in Replevin / Judgment for Possession 4i//Q1 p7 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 Deutsche Bank National Trust Co. as Trustee Plaintiff V. Edwin Fleck Judy Fleck Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-1029 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $84,118.64 Interest From 6/20/07 2,110.81 to Date of Sale 12/5/07 Ongoing Per Diem of 12.49 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. k J. ren, E A TORNEY FOR PLAINTIFF r V 1 it- V Ca I, 0 w z? 4 n w w y 1 ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1029 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST CO., AS TRUSTEE, Plaintiff (s) From EDWIN FLECK AND JUDY FLECK (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 gamishee(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 $84,118.64 L.L. $.50 Interest FROM 6/20/07 TO DATE OF SALE 12/5/07 - ONGOING PER DIEM OF $12.49 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,110.81 Atty's Comm % Atty Paid $278.96 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JUNE 19, 2007 (Seal) - ?VDLAMr!" Curtis . Long, P no aryBy: 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 Deutsche Bank National :COURT OF COMMON PLEAS Trust Co. as Trustee JCIVIL DIVISION Plaintiff ,Cumberland County V. ;MORTGAGE FORECLOSURE Edwin Fleck ?NO. 07-1029 CIVIL TERM Judy Fleck Defendant (s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is. ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FFICES, P.C. . Udrenv ESQUIRE EY FOR PLAINTIFF r-? ? C _„ _-a n ?r.- ..?'r v,3 - ?_. a = ?s";t ?? f 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 Deutsche Bank National Trust Co. as Trustee Plaintiff V. Edwin Fleck Judy Fleck Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-1029 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Co. as Trustee, 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: 424 State Street, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Edwin Fleck Judy Fleck 424 State Street, Enola, PA 17025 424 State Street, Enola, PA 17025 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 Deutsche Bank National 4837 Watt Avenue, Suite 200 Trust Co. as Trustee North Highlands, CA 95660 fi 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 424 State Street, Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: June 19, 2007 Ma J. Udren; ESQ. At rnev for Plaintiff f-ZI t- N 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 Deutsche Bank National Trust Co. as Trustee Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Edwin Fleck NO. 07-1029 CIVIL TERM Judy Fleck Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Edwin Fleck 424 State Street Enola, PA 17025 Your house (real estate) at 424 State Street, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $84,118.64, 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 tao }, t UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National =COURT OF COMMON PLEAS Trust Co. as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. ;MORTGAGE FORECLOSURE Edwin Fleck :NO. 07-1029 CIVIL TERM Judy Fleck Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Judy Fleck 424 State Street Enola, PA 17025 Your house (real estate) at 424 State Street, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $84,118.64, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) T a w YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C? C o (D k c_ . - . w --y 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 Deutsche Bank National Trust Co. as Trustee 4837 Watt Avenue, Suite 200 North Highlands, CA 95660 Plaintiff V. Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 CIVIL TERM VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: August 30, 2007 Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: October 18, 2007 UDREN LAU OFFICES, P.C. n, Esquire APR Is 2DD7 (?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. Edwin Fleck :NO. 07-1029 Civil Term Judy Fleck Defendant(s) ??11 ORDER AND NOW, this /?tD day of 2 0 0 7 , upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant (s) , Edwin Fleck and Judy Fleck, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Edwin Fleck and Judy Fleck at 424 State Street, Enola, PA 17025, by posting the mortgaged premises located at 424 State Street, Enola, PA 17025, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County. BY TH COURT: J. .; ray hand To4z In r P . y (? '1 e s-.". 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E m m ao ?18a ?rpc ? ° C yam C15 0 d9 fl m z awm •ZaZ 'U3o1'9 ? -,m m •s ?? ?L_ eo 8 m? ?$a6 ?O ro g morn a- s Wg =r 13H ..c 4182 5io .0 m Ff 9 c3i m ?? m R UK _-4 C? o m a;m$m& <7 @ w v m amv 0 ro 3 T -M fa C o J2 X 0.0 L* ?4D M_ c a nM0?g ?. ?o .o ,,3 g -n m rn - m? ,m° o= ¦ Complete lterns 1 2, and 3. Also complete item 4 Idlestricted Delivery, is desired. ¦ Print,yoUr name and address on the'reverse so that we can return the cans toyou. ¦ Attach thls card to the back of themallpiece, or on the "nt If space permits. 1. Article Addressed to: Edwin Fleck 424 State St., Enola, PA 17025 A. Signature 13 Agent X - ' 0 Addressee:, B. Received by (Printed Name) Q,- Date of Delivery i i D. Is delivery address different from item 1? Q If YE§, enter delivery address 'below: 0140 i i i 3.:Service'lyper C rtifted Mall. ? ExotessUail 13 Registered ?Returp Receipt for Merchandise 1 Cl insured Mall E3 C.O.Q.. 1 - 1 4.• Restricted Delivery? (Enna Fee) 17 Yes 7007 0710 0004 8146 5413 PS Form 3811, August 2001, Domestic Return Receipt o2595-02-W15401 A a? N ?cmimR`o m GF c U. N C m 0 O .69 m a ° r6 E E E25 -' in d E E -0 9 c?? W Ego . ? ? ? N C = N r? U. O p R O E ? R r _ ? t E G m +. - 0 N .C, N m CO C c Omm ?w.0 m U) U_ =2 cEE N `p w N p rn. . 0 c C m O O am a m a c o N W 0 ) Q' LL N??a SO N d = m E 'a a 0 cg tea m E nn o go ac , E m m cis c ?m o ? EU mrn lQ N E G r) O E ' ?A m s mc xO 70 .. -?c-mE=mc 10 Q r? C. a ?? c E yv ' IZ g E ? m O m O W j L W m U Z C - p , D C m? m m o o - Y 0 L U c c O m O m C O E c . _ i 0 - ((m m O N C C ca C N CL 7 . ma n-i m 51 ZH 2 CL 0 da > ' . 10 CL O rf ca_0 > >1 No (D rm El 1:1 0 0 a m afL C6 9 m " =U m 8 Ern a r v O N ao ? `O cl rp L L E a v _ (D a) aa) 0 N E a d m CL c1 C W U_ 0 m N O a v 0 V U 0 ? ? ? ? In N 0 ti 2 m Q a. Q O N v ` p a of `d V F ?„? in W c U) E IL a° w 0 E (A 0 CL W C C Z U) ; Q U. Cl 0 _3 Cl) cn a 3 CO) = N v 04 0 0 ID -be Z V _ v E G Z _ L = m DOV 0 L ?3 a E z w - r , N C v 70 E ' ¢ c; N .LD min ? (D z Z ?a ? aa) E U) v 0 c N CV) r ? -- N M LO (a ti 00 0) - H J rn _rn a? LL ti co m E O LL a C c? N U w 0 N O ti _? V LL c w-5 C 0 r-r iC. CD UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust €COURT OF COMMON PLEAS Co. as Trustee :CIVIL DIVISION 4837 Watt Avenue, Suite 200 €,Cumberland County North Highlands, CA 95660 Plaintiff ::NO. 07-1029 CIVIL TERM V. Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 Defendant(s) PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached Proof of Publication with regard to the captioned matter. UDREN LAW OFFICES, P.C. BY Mar J. ATTO E /iren, Esquire FOR PLAINTIFF DATE: October 18, 2007 4 PR IS 20% ?iS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust Company as Trustee Plaintiff Edwin Fleck Judy Fleck V. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 Civil Term Def endant (s) O R D E R AND NOW, this ZA day of 2007, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant (s) , Edwin Fleck and Judy Fleck, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Edwin Fleck and Judy Fleck at 424 State Street, Enola, PA 17025, by posting the mortgaged premises located at 424 State Street, Enola, PA 17025, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the. action once in the local legal publication and once in a newspaper of general circulation within the County. BY TH COURT: AAA J. TR r my t In st. Pa. ... ?? ? www N1 ?• ?S ?1 r PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of 'THE SENTINEL on the following day(s) September 25, 2007 COPY OF NOTICE OF PUBLICATION k? Ina ,.?. 9[,. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. U Sworn to and subscribed before me this 27th. day of September, 2007. rq, ? U I - 9"L4---- Notary Publi My commission expires: q/I e4 COMMONWEALTH OF PENNSYLVANIA NOW W Seal Christina L. Wolfe, Notary PubIC cadisle Boro' curnbsiand county 1, 2008 Member,, Pennsylvania is Assa'aation Of Notaries I'14W PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 7L. I..", Q L sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 28 day of September, 2007 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary PubNC CARLISLE BORO, CUMBERLAND COUNTY My COMMIislon Expires Apr 28, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 28, 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. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-1029 CIVIL TERM Deutsche Bank National Trust Co. as Trustee, 4837 Watt Avenue, Suite 200, North Highlands, CA 95660 Plaintiff V. Edwin Fleck and Judy Fleck Defendant(s) NOTICE OF SALE OF REAL PROPERTY To: Edwin Fleck & Judy Fleck, 424 State Street, Enola, PA 17025 Your house (real estate) at 424 State Street, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 5, 2007 at 10:00 a.m. in the Commissioners Hear- ing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $84,118.64, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. PROPERTY DESCRIPTION: ALL that certain piece or parcel of land situate in the Borough of West Fairview, now known as East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of State Road at or opposite the center of the partition wall dividing properties known as No. 422 and No. 424 State Road; thence southwardly through the center of the partition wall dividing properties known as No. 422 and No. 424 State Road and beyond one hundred twen- ty (120) feet to a point in the northern line of an unnamed alley; thence westwardly along the northern line of said unnamed alley nineteen (19) feet ten (10) inches, more or less, to a point in the eastern line of Lot No. 4, on the hereinafter mentioned plan of lots; thence northwardly along the eastern line of Lot No. 4, lands now or formerly of Rudy, one hundred twenty (120) feet to a point in the southern line of State Road; thence eastwardly along the southern line of State Road, nineteen (19) feet ten (10) inches, more or less, to a point, the place of beginning. BEING the western part of Lot No. 5 on the plan of lots known as Mc- Cormick's Addition to West Fairview, said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 4. BEING known and designated as Tax Parcel I.D. No. 45-16-1050- 075. SUBJECT to the reservations, restrictions, exceptions, easements, building lines and conditions as set forth in prior instruments of record in chain of title. BEING KNOWN AS: 424 State Street, Enola, PA 17025. PROPERTY I.D. NO.: 45-16-1050- 075. TITLE TO SAID PREMISES IS VESTED IN Edwin Fleck and Judy Fleck by Deed from Edgar J. Foultz, Jr. and Helen M. Foultz, his wife dated 12/30/02 recorded 1/7/03 in Deed Book 255 Page 1206. MARK J. UDREN, ESQUIRE MARK J. UDREN & ASSOCIATES Attorneys for Plaintiff Woodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Sept. 28 C= t7l, CD N l N J W UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Co. as Trustee :CIVIL DIVISION 4837 Watt Avenue, Suite 200 :Cumberland County North Highlands, CA 95660 Plaintiff V. Edwin Fleck Judy Fleck :NO. 07-1029 CIVIL TERM 424 State Street Enola, PA 17025 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/y Pa Rule C.P. 3129. 1 This Affidavit is made subject to the relating to unsworn falsification to Dated: November 8, 2007 BY: ti s o 18 a.C.S. Section 4904 ities. LAW ICES, P.C. MArk J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOOOCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Co. as Trustee Plaintiff V. Edwin Fleck Judy Fleck Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Edwin Fleck, Judy Fleck PROPERTY: 424 State Street Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 5. 2007, at 10:00 am, at the Commissioners Hearing Room, 2"d 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 ?,..-A UNIp O W LL NFC N C6 ? ? E N O •- y E,°pam,g ? ?' d'na a? is m C C E •;.c O N Ep`Dm S EcE -? M X (n LL r p- M f0 7J '- ? Q U Q) C C c-l ?Oa m ? ' 1 ? v (n LL -2 cEv m.. Q:- E?W-«t • _ NOw O O C4 ? vpcaco ?dmna°?ic NC ?.?y C4 m O 0 ALL rnaci%?-? M 4) dEC. "o E - ?aaEa L, O C p•O U La N ' mppm pv° c=O m L6 W C -t?Bc .. D C acc c N s r x:C? y O C N C N U uE?'_?rn E dv O Q U (a ?U ?':_ ME?c E C C U M-0--w mEmcr N 7 7 OME v?tp a O C C lfl s JJ) D _c m m m E 00= O y ! ., t °p0OCD ,6 7 y y?V NW NONCC It 0 t6. Ny _ a LA r i? W? a N doac j C W p- O O N 0 j a C = Y"om" :C ,W y _ to 4) ot- 0) 0 a 0EV) t dCA3? CN , ` op=ED g mo El 11 Cf6 mz w cc 2mE 6 tot c d'a 2 rn SU c E ?pV u:E' - O y rr EM .CL N H" = N LO ? ? U y y L6 N t x LL c W ?2?? E m W m 4 0 a c W w '01 7 ? 'C O V U ?O L > U ? o ?? ? ? ?O c cam O cu M 0 1: 2 v CMp Q ? U L E ca 0 a 6(6 0 0 L) C) (D U U Z 4- co CM • W O O c: ?., N CU M N V- (D E HM o ML C C 0) N CC a' h a?°o E o_ H•- ?? E oM :3 x a Np v 2 _ m O W-? C m aL car- a) O m N 0 r- cf) r- .t LZ v 0 i O Z? mQ 0? ? M a.a U) N ? J te- m n d ?[O X N pa - 0(6 L 00 r Q cc C a l M cc CD 4) . y wZ = V v m n ca 0: N 3M N U k pZ Z ww o < O r- 4i (D U O CAN ON E•, " O W L N"'• ti O? a? 53 a ?c ?a5 Ea Ea- c? z W > OQ m wco o... acn 00< UDa m¢ CL F- r y V u a, ? 00) ti a? o,0 UE az ' O N Z° . 04 ?c c W E-0Cn Z C J C:, 04 Cf) It r M r N co It LO Cc P.- 00 CA EXHIBIT A z m 2 LL ti co M O LL F c ca L N U 00 O N O ti O LL ? C LL .D w? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust :COURT OF COMMON PLEAS Co. as Trustee :CIVIL DIVISION 4837 Watt Avenue, Suite 200 :Cumberland County North Highlands, CA 95660 Plaintiff V. Edwin Fleck Judy Fleck :NO. 07-1029 CIVIL 424 State Street Enola, PA 17025 Defendant(s) REGULAR MAIL PURSUANT TO COURT ORDER TE `'l: c? AND-'f Co -? The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: August 30, 2007 Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LA4?j OFFICES, P.C. Dated: October 18, 2007 /} Mark J1.1 U Esquire EXHIBIT B UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Co. as Trustee 4837 Watt Avenue, Suite 200 North Highlands, CA 95660 Plaintiff V. Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 CIVIL TERM VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: August 30, 2007 Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: October 18, 2007 UDREN LAU OFFICES, P.C. Mark J1.1 Udren, Esquire EXHIBIT B APR 1,8 2007 /rb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust Company as Trustee Plaintiff Edwin Fleck Judy Fleck V. Def endant (s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1029 Civil Term O R D E R AND NOW, this ZOA day of 2007, upon consideration of Plaintiff' s Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant (s) , Edwin Fleck and Judy Fleck, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant (s) , Edwin Fleck and Judy Fleck at 424 State Street, Enola, PA 17025, by posting the mortgaged premises located at 424 State Street, Enola, PA 17025, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County. BY TH COUR.T : J. TRU ny hand In ? Pa. EXHIBIT B 0 C4 ? N ?CD o rn N N v?4 3' `h < V Ts Yr s?% ' a N ? - ?a? --? ,? 0 p ---''ter COOWed F®e 'Fee ?- S g?tum R Re4u?? perry Fey 13 ?? ?' Postage &Fees N C3 'sox N C5 OrPO Sots, gt., E state naa, r I i v m n o } -j a oz 00 o? D M co k-' M Np O r-3 0 O ti IT ul Ili 0 r CD CD i Lt,06-000-30-0£91 NSd (-GAGH) 9003 rsn6ny'00gg uuo:j 5 -Aainbul ue bupow uegm 11 lueseid PUB }diessi s!q# BAeS -1NVIHOdP •Ilsw pus e6a;sod Lpm legal xyle pus yos;ep 'pepeau;ou 9! 108001 IMN Pall.4je0 e4; uo aw;sod a ; •66!4mw;sod ao; solp ;sod aU; je elo -12JS atp ;uesaid assel`pealsap sl;laosi IIsW peylpe0 ay; uo ?{isw;sod a;{ ;,k9A//e? pe40/nSay ;uawasaopua eql tg" wae{dpw ay; Wtu ao )ljelo an aslApy •;ue-6s p,?o/?zuoy;ne s,seesaipps ao easseipps ey; o; pepipei eq taw tieAllep 'ee; Isuowpps us jod •pe nnbei sl ;dleow IIaW pal;l>ae0 inoh uo Milaw;sod ®Sdsn s `Aleoei wn;ea e;solldnp a jo; iaAmm eel s sAlem off, •.pwenbeH ;dwea wrphl eoeldllew es iopu3 •ea; ay; Jenoo o; a6s;sod elgeo?ldde ppe pus elolpe eLp o; 7;lee uuo3 Sd);dpo% wrued s 4mme us e;eldwoo essald `aowes;dleoey wruetl ula;go of ?Ganl{ep ;o;ooud eplnad o; pemenbei eq Aaw #dieoey wrgey s `se; leuolMppa us god ,pejN paaa;sl6e>d jo peinsul isplsuoo essald `salgsnleA Jod TLAN p9IJWG3 Uwm CIMIAONd SI 30VUBA00 30NVHnSNI ON 'Imw Isuop9we;ul;0 sselo Am jo; elgellsns jou s! Ilelnl peippe0 "surm ),Iuoud ao ®IISW ss$10-MId L41m peulgwoo eq KINO AM IIsW peglpe0 :siapulwey;uemodu sreaA OAR JO; ealAaeS I4sOd ey; Aq;deM IJenllep;0 paooaa y soeldgew anon jo; aa>;puspl enblun y ;diem 6uipaw y egz"-.. :SBPIAOad Ift P911114 Y EXHIBIT B ?CR !.ST ) ei\; 'P-L, NJ 0800',l I 'd W m m ? N t S i O • Q a m 3 C w • i M m Cn w r-• N ? Y ? ? EpQ ? LL Y LL LLL LL C a m .a S W ++ • ? • 2? 0? gW E m E b ;g 2 ;N 7 :s! $ .8 ETfi5 9hT9 fi000 OU-0 z00L ETfi5 9fiT9 fi000 OTLO LOOL r 1 • NOTICE OF SHERIFF'S SALE O To: Edwin Fleck 424 State Street Enola, PA 17025 EXHIBIT B _ NR • ¦ ¦ ¦ ¦¦3 T *0 ° a:--- tD al -n eW o ?mw aa$ nmm?o mZ nC) ? ¦¦¦t,) D D D sr Z tow 01 m ? Ch cc- Oz cp m m M (D 1b m ?0 Q?? Cr Z co ?, 2. O a br- CD amp 3$d ?C a "' 7T-1 6 iim= a c m pOw ?Nf HMO .C p c C m?(n aM 0 -n& D Q 9 d y a m a a 3 m pr a CL o p =1 Cc. n 3 -o m M m .-. (D - aam -? ° mm g R N ? Q m ao C a m m a cQQiw a ff?? m Z w < 0 Q v im :.? a b a< w 70 ?? ?? o o: m ?o pm m` e3 m a Cr u?i9m 1 , "'t ti z ?mw e 0 mm o ar a ?D 64 'O u 8 .8 _N m O i0 K N ?. 9 CD 0 " p? q W rS er=" m fA?O MTl n rL 3? D 0 y E Iv (j) $ ° _ ?a f?3 ? X,M m- o R O P ?gm ? SMN 01 , ? m$ Q 0 7 fD am 7g. n " m ov?0)a 3 hi 4; 0" 0 o a v c L. °: o 0 3 (0c (D ° m? Ammer o a en w o m m w CL -0 0 0 m 0 w° o ° g m mm D °c. A) Co am) m - a a L ' y 0?m O C) - 0 N ,? lD S f Qm 3m M. -13 c R9 I ma m . a w cu m o aA " e N 0 m3$ % . S al Complete items 1, 2, and 3. Also complete" A.'Signature item 4 ItAestricted Delivery.is desired. ' i 13 Agent x e N Pnnt.your name and address on the reverse - ? Addressee ' So that we can return the Card to-you. ¦ Attach -this.?card to the back of the.:malipiece, B. Received. by (Pdrftd Name) C,,- Date of.D.siivery I I or on the frront'if space permits ` i 1. Article Addressed to: I l D. Is delivery:address dWerent'from Item 1? 13 Yes If YES, eater delivery addres's'belov- ? No - i I I Edwin Fleck 424 State St., Enola, PA 17025 (f?? I `' ) ? . `.Sehike rype? ?C?rdfi?ed'Mall _ ? F?cpress'NIaII ?J I i ? Registered Returp Receipt for Merchandise i 13 Insured Mail C3 C.O.O.. I 4.., Restricted Delivery? (Extra Fee) 10 Yes 7007 0710 0004 8146 5413 PS Form 3811, August 2001 Domestic Return :Receipt i o25gs•o2-M-154o EXHIBIT B N °cmim?'o m mr U) a~ca w Co O m E ?a?E ?U) LL ??0y 1L y com?°a> E m H U ?vivmmm E c H 5 n (6U- E?Em -U 'R 5.t w = ca 0 iB Q E c o cc i 20 r ?-Z m e m O? Q Cal EyW cE O C CAw :t= C O m d m ' m O O mp 0 m 9 m G m ? , p? - Rl co C m Q Q LL Z; w ' .o E Ol cm Tio C= t E n v C ` BE naEn c p d O E y m 00..00 m 1 C)° ? =E E_ ct N 7O c c?En!mo, Q U e6 0 g. E 'Em c m u c c E U mV •? m E m c z N E E h m u 0 0 m C Cep DE??mtp E fU) _ , ,_... o o o E C 0 O'd 0. C! c c a i c ? CO , . _ r ' ' a .. ., 0 m o "is O ? m W N C o? W a 7 v f CL ? yoo,o0Em CL O o a a Q x _ m m o a c oo W r ( N L_ L Y N ' CN9 GN m > O ?? y ? w C d ? p? - ,.. OC C O EC- W o' > U ? El c ca c -E?mo N L m M .C U 'DoU;N _ = v E - o w m O N D X z r w E Ix a v _ t- 4) W D T) 5 c i a r Ll. Q' V C W to .O rn E ca M N O n v d Q N O V V ti ? ? ? ? O N m d ?? ? O ti co Z Q < Q 0 U a cm tr_ O O f6 7 y W >. y W 5 C E a 5 o as a° _ LLJ to U) ° E W o E U a h ) VQZ ? U. O Z V y O m ti O .?. O?J ? Cl) Cf) d u. _ N y Ja'? ayi ?c 't o a ZVQ.' _ G> U ?O= Z C u z 2 o . c w T T N U (D Q vE ¢z' ? O O ON z CD C ` C%j R a o a?aci N E > O G E?? Q Z C_ -? N M "tr Lf) CD r- D r r M e- 14, LO ?- FO- J EXHIBIT B CA to cc LL ti ti 0o M O LL Cl) CL C cu L E U co T' O N O ti ? U F_ FL C W UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust :COURT OF COMMON PLEAS Co. as Trustee :CIVIL DIVISION 4837 Watt Avenue, Suite 200 :Cumberland County North Highlands, CA 95660 Plaintiff :,.NO. 07-1029 CIVIL TERM V. Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 --?i Defendant(s) TI ;~ PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: = Kindly file the attached Proof of Publication with regacrcd) to the captioned matter. UDREN LAW OFFICES, P.C. BY Mar JE ATT DATE: October 18, 2007 ,ren, Esquire FOR PLAINTIFF it EXHIBIT B UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST COPRORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust :COURT OF COMMON PLEAS Co. as Trustee :CIVIL DIVISION 4837 Watt Avenue, Suite 200 :Cumberland County North Highlands, CA 95660 Plaintiff :NO. 07-1029 CIVIL TERM V. Edwin Fleck Judy Fleck 424 State Street Enola, PA 17025 Defendant(s) PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached Proof of Publication with regard to the captioned matter. UDREN LAW OFFICES, P.C. BY Mar J. ATTO E DATE: October 18, 2007 )5ren, Esquire FOR PLAINTIFF EXHIBIT B APR I ? 2pp7 p?6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Trustee =CIVIL DIVISION Plaintiff =Cumberland County V. Edwin Fleck NO. 07-1029 Civil. Term Judy Fleck Defendant(s) O R D E R AND NOW, this LA day of 2007, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant (s) , Edwin Fleck and Judy Fleck, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant (s) , Edwin Fleck and Judy Fleck at 424 State Street, Enola, PA 17025,, by posting the mortgaged premises located at 424 State Street, Enola, PA 17025, and also by publishing in accordance with Pa.R.C.P. 430(b) (1) a Notice of the.action once in the local legal publication and once in a newspaper of general circulation within the County. BY Tx COURT: Iyjln J. rr. s?'"r r Nye P.; 7? C { 4 EXHIBIT 13 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes arid says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same, as was printed and published in the regular editions and issues of'THE SENTINEL on the following day(s) September 25, 2007 COPY OF NOTICE OF PUBLICATION 40TICE TlO7?ICE??A'C?+74CI?IC?I?TG44>:3£CIiOSUAE y ?4A1 #tE;l Q1JF3 fS3F fir`( YIMOIEi PLEA l3F aCi A B 1 e7D iI3Ui l ; EIS !13U"MIA ClV1L1'At;TK)N11 AW . N O;f07-ti1D29't? I.Vd L TER'NI DeutsdWZsrtk'National T- Tiist Do,ias`Tnustee 4887MAttftenue `,Sufte 200 - ,Nort i'+Iighlands 'A:95660 'Plaintiff t Y. Edwin'Rec"rid Judy Fqeck Defendant (s) NOVICE OF?SAL&OF;REAL PROPERTY ,TO: Edwin Fledkt&,Judyfledk 424 StateStreet Enola PA 17025 Yourhouse';(reelf$state) at424Btate`Street ,Enola Pa K7.02Sischedd#ed3a?eaheY}15Sale on Decernber5,"2CiQ7,ateltMb amlr lhe,'C©mmiss'loners Hearirig:Roorn' 2ntl,Floor;?Ooucfhonse, CaiJisle,yPA, 3otaaifOrcH e. T'GM,?p#geTnerlt-bl $84;118:64,' ` obtalae bowl thear?+o ggeea 4 gainst a i'?ei?mperty?lit=be le'..Sates, WF ipAL3P-go'EBCZIfPAlIiIV .. A :,A ,/?Il iaa "fAmdsltuatein;,the - _ ikn slEa& `? >ven etiantl aor Wx rGeriter3qW pattftnw dilfiMding . tntn?eslDioA1 22;and%lo 41!W tate Zia shronghAheaoenter ofkhe ttiestknow"s%lo +122 ;arad ems. ateAsaftud0eyon'dz6e#uindrad ! efJ# o sofa! nathe..WoMerriNine ?f an :r?nnareed teno6ANestwardly;aion_gthe j iordaerri fe.ofsamu mam6dailey.tnineteens(19)teet ten lHi)drrdies, nDrew191ess?fto a;pointin+the Eaetem ;tins?ifiLbtWo ':4; annhatereirii"rnnentioned plan of dots; emcse lorthviardiy-aforrg et'`astem:fine df:Lot t t+lo 4; ands owsor'frrrtnarly of:f?udy,;zn&hundred +Merq?+;(7?0)aest3o;a,poinf?3n?heSouthem tine.of State4t®ad thence;Eastwerdly long the SouthernIinedf State-Road,?ninateen (19)#eetlen (1'0)`inches, more:or less; toia;point,-the place ofbeginning. Being the Western part of tot No. .5 on the plan of lots known as .McCormick's addition to West Fairview, . Aairl:nlan hainmrarnMad intha nffiPa,fnrfha :rannMinn Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. U Sworn to and subscribed before me this 27th. day of September, 2007. Notary Publi My commission expires: q/l ,P COMMONWEALTH OF PENNSYLVANIA Notarial Seal [CW"k.%iw E)Vhs :Chnstna L. WoIFe, Notary Ptd*cY 1, 2008 Member. Pennsylvania Asscdetion of Notaries EXHIBIT B 3 eingCnc+wri andfesignated-as taxparceftD. No. .4b=15-7n50=075. _., 5ubjectto-theireseraratlons:;.Kestrictions, exceptions, easemsrlts;`Wl Idinglines.and,condhions7as set torth in •prlorlns;tmmnts of Grecord in chain sof tltie. BEING 3CNID??NAS 424 State Street Enola; PA 17025 FROPERTY3Dr?tQ ?45.?i 2050-075 ytvu't?' ?r?rp ' Title io?aidsprsmisesI !!ested-,inEEdwin Fleekian'd-Judy Flsokby:ead, in.BOgar d,,F©t=, Jr.,and Releri'f51: Fonttz jiidsaaffa tfated 2J30/02-recorded'1/7/034n deed booka255?$ge i206. f Vark J;a,Aren >`Attomey for 4ainttff ?Ma0k,l;UdrePA ooiates Aproodoregt' Gb> atWQenter 11 10. ondorestAoad,,SUfte,.200 C h errj+i? Ht;"fd J ±08Dtl 3=3620 856 00 = r. " EXHIBIT B PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 28, 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. L sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 28 day of September, 2007 nn® Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubuc CARLISLE BORO, CUMBERLAND COUNTY My COMMMdon Expires Apr 28, 2010 EXHIBIT B 1. r CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-1029 CIVIL TERM Deutsche Bank National Trust Co. as Trustee, 4837 Watt Avenue, Suite 200, North Highlands, CA 95660 Plaintiff V. Edwin Fleck and Judy Fleck Defendant(s) NOTICE OF SALE OF REAL PROPERTY To: Edwin Fleck & Judy Fleck, 424 State Street, Enola, PA 17025 Your house (real estate) at 424 State Street, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 5, 2007 at 10:00 a.m. in the Commissioners Hear- ing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $84,118.64, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. PROPERTY DESCRIPTION: ALL that certain piece or parcel of land situate in the Borough of West Fairview, now known as East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of State Road at or opposite the center of the partition wall dividing properties known as No. 422 and No. 424 State Road; thence southwardly through the center of the partition wall dividing properties known as No. 422 and No. 424 State Road and beyond one hundred twen- ty (120) feet to a point in the northern line of an unnamed alley; thence westwardly along the northern line of said unnamed alley nineteen (19) feet ten (10) inches, more or less, to a point in the eastern line of Lot No. 4, on the hereinafter mentioned plan of lots; thence northwardly along the eastern line of Lot No. 4, lands now or formerly of Rudy, one hundred twenty (120) feet to a point in the southern line of State Road; thence eastwardly along the southern line of State Road, nineteen (19) feet ten (10) inches, more or less, to a point, the place of beginning. BEING the western part of Lot No. 5 on the plan of lots known as Mc- Cormick's Addition to West Fairview, said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 4. BEING known and designated as Tax Parcel I.D. No. 45-16-1050- 075. SUBJECT to the reservations, restrictions, exceptions, easements, building lines and conditions as set forth in prior instruments of record in chain of title. BEING KNOWN AS: 424 State Street, Enola, PA 17025. PROPERTY I.D. NO.: 45-16-1050- 075. TITLE TO SAID PREMISES IS VESTED IN Edwin Fleck and Judy Fleck by Deed from Edgar J. Foultz, Jr. and Helen M. Foultz, his wife dated 12/30/02 recorded 1/7/03 in Deed Book 255 Page 1206. MARK J. UDREN, ESQUIRE MARK J. UDREN & ASSOCIATES Attorneys for Plaintiff Woodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Sept. 28 EXHIBIT 13 Deutsche Bank National Trust Co., as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Edwin Fleck and Judy Fleck Writ No. 2007-1029 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2007 at 1720 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Edwin Fleck and Judy Fleck, by posting a true and correct copy of the within Real Estate Writ, Notice of Sale and Description upon the premises located at 424 State Street, Enola, Cumberland County, Pennsylvania pursuant to order of court. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1419 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 Edwin Fleck and Judy Fleck located at 424 State Street, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Edwin Fleck and Judy Fleck by regular mail to their last known address of 424 State Street, Enola, PA 17025. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. So Ans R. Thomas Kline, Sheriff t I -& BY J(CL,1' ?(M I Real Estate ergeant EXHIBITB rw '3 C -- ] °M 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which MORGAN STANLEY ABS CAPITAL I INC TRUST 2004-NC7 TR is the grantee the same having been sold to said grantee on the 5TH day of DEC A.D., 2007, under and by virtue of a writ Execution issued on the 19TH day of JUNE, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1029, at the suit of DEUTSCHE BANK NATIONAL TR CO TR against EDWIN FLECK & JUDY is duly recorded as Instrument Number 200808328. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -.2e) day of , A.D. c;?jr'W Recorder of Deeds hecxz+d?t ci 1:1e9dk t:uML land County. cartisr. PA My Carnmi',*n ExPh thn First MonCoy of Jan. 2010 Deutsche Bank National Trust Co., as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Edwin Fleck and Judy Fleck Writ No. 2007-1029 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2007 at 1720 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Edwin Fleck and Judy Fleck, by posting a true and correct copy of the within Real Estate Writ, Notice of Sale and Description upon the premises located at 424 State Street, Enola, Cumberland County, Pennsylvania pursuant to order of court. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1419 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 Edwin Fleck and Judy Fleck located at 424 State Street, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Edwin Fleck and Judy Fleck by regular mail to their last known address of 424 State Street, Enola, PA 17025. These letters were mailed under the date of October 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 December 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of August 1, 2004 Morgan Stanley ABS Capital I Inc. Trust 2004-NC7 Mortgage Pass-Through Certificates, Series 2004-NC7. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of August 1, 2004 Morgan Stanley ABS Capital I Inc. Trust 2004- NC7 Mortgage Pass-Through Certificates, Series 2004-NC7, of 51 East Bethpage Road, Plainview, NY 11803, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,141.30. Sheriffs Costs: Docketing $30.00 Poundage 22.38 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Posting 12.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 401.00 430.28 14.92 25.00 39.50 $1,141.30 R. Thomas Kline, Sheriff BY "j. Real Estate S geant 3/21,/08 '-X?rl 5-6.50 C' K-:0 &.2,898 Rztk- .?Ovy sd 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 Deutsche Bank National :COURT OF COMMON PLEAS Trust Co. as Trustee :CIVIL DIVISION Plaintiff ::Cumberland County V. :MORTGAGE FORECLOSURE Edwin Fleck NO. 07-1029 CIVIL TERM Judy Fleck Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Co. as Trustee, 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: 424 State Street, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Edwin Fleck Judy Fleck 424 State Street, Enola, PA 17025 424 State Street, Enola, PA 17025 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 of record: Name Deutsche Bank National Trust Co. as Trustee the last recorded holder of every mortgage Address 4837 Watt Avenue, Suite 200 North Highlands, CA 95660 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 424 State Street, Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C.,' DATED: June 19, 2007 Ma? J. Udren, ESQ . At rney 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 Deutsche Bank National :COURT OF COMMON PLEAS Trust Co. as Trustee =CIVIL DIVISION Plaintiff ':Cumberland County V. :MORTGAGE FORECLOSURE Edwin Fleck :NO. 07-1029 CIVIL TERM Judy Fleck Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Edwin Fleck 424 State Street Enola, PA 17025 Your house (real estate) at 424 State Street, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $84,118.64, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 Deutsche Bank National :COURT OF COMMON PLEAS Trust Co. as Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. :MORTGAGE FORECLOSURE Edwin Fleck :NO. 07-1029 CIVIL TERM Judy Fleck Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Judy Fleck 424 State Street Enola, PA 17025 Your house (real estate) at 424 State Street, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $84,118.64, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, NOW KNOWN AS EAST PENNSBORO, COUNTY OF CUMBERLAND AND. COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE SOUTHERN LINE OF STATE ROAD AT OR OPPOSITE THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD; THENCE SOUTHWARDLY THROUGH THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD AND BEYOND ONE HUNDRED TWENTY (120) FEET TO A POINT IN THE NORTHERN LINE OF AN UNNAMED ALLEY; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF SAID UNNAMED ALLEY NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT IN THE EASTERN LINE OF LOT NO. 4, ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE NORTHWARDLY ALONG THE EASTERN LINE OF LOT NO. 4, LANDS NOW OR FORMERLY OF RUDY, ONE HUNDRED TWENTY (120) FEET TO A POINT IN THE SOUTHERN LINE OF STATE ROAD; THENCE EASTWARDLY ALONG THE SOUTHERN LINE OF STATE ROAD, NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. BEING THE WESTERN PART OF LOT NO.5 ON THE PLAN OF LOTS KNOWN AS MCCORMICK'S ADDITION TO WEST FAIRVIEW, SAID PLAN BEING RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 4. BEING KNOWN AND DESIGNATED AS TAX PARCEL I.B. NO. 45-16-1050-075. SUBJECT TO THE RESERVATIONS, RESTRICTIONS, EXCEPTIONS, EASEMENTS, BUILDING LINES AND CONDITIONS AS SET FORTH IN PRIOR INSTRUMENTS OF RECORD IN CHAIN OF TITLE. BEING KNOWN AS: 424 STATE STREET, ENOLA, PA 17025 PROPERTY ID NO.: 45-16-1050-075 TITLE TO SAID PREMISES IS VESTED IN EDWIN FLECK AND JUDY FLECK BY DEED FROM EDGAR J. FOULTZ, JR. AND HELEN M. FOULTZ, HIS WIFE DATED 12/30/02 RECORDED 1/7/03 IN DEED BOOK 255 PAGE 1206. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1029 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST CO., AS TRUSTEE, Plaintiff (s) From EDWIN FLECK AND JUDY FLECK (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 $84,118.64 L.L. $30 Interest FROM 6/20/07 TO DATE OF SALE 12/5/07 - ONGOING PER DIEM OF $12.49 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,110.81 Atty's Comm % Due Prothy $2.00 Atty Paid $278.96 Other Costs Plaintiff Paid Date: JUNE 19, 2007 (Seal) Curti AR.Longg%, onot 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 e? GID Real Estate Sale # 15 On August 3, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 424 State Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 3, 2007 By: I (&k-, s Real Estate Sergeant 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: October 26, November 2 and November 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. Lis Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 9 _day of November, 2007 Ili - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY COmmtssfon ExPires Apr 28, 2010 REAL ESTATE SALE NO. 15 Writ No. 2007-1029 Civil Deutsche Bank National Trust CO., as Trustee vs. Edwin Fleck and Judy Fleck Atty.: Mark Udren DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of West Fairview, now known as East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of State Road at or opposite the center of the partition wall dividing properties known as No. 422 and No. 424 State Road; thence southwardly through the center of the partition wall dividing properties known as No. 422 and No. 424 State Road and beyond one hundred twen- ty (120) feet to a point in the northern line of an unnamed alley; thence westwardly along the northern line of said unnamed alley nineteen (19) feet ten (10) inches, more or less, to a point in the eastern line of Lot No. 4, on the hereinafter mentioned plan of lots; thence northwardly along the eastern line of Lot No. 4, lands now or formerly of Rudy, one hundred twenty (120) feet to a point in the southern line of State Road; thence eastwardly along the southern line of State Road, nineteen (19) feet ten (10) inches, more or less, to a point, the place of BEGINNING. BEING the western part of Lot No. 5 on the plan of lots known as Mc- Cormick's Addition to West Fairview, said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 4. BEING known and designated as Tax Parcel I.D. No. 45-16-1050- 075. Subject to the reservations, restrictions, exceptions, easements, building lines and conditions as set forth in prior instruments of record in chain of title. BEING KNOWN AS: 424 STATE STREET, ENOLA, PA 17025. PROPERTY ID NO.: 45-16-1050- 075. TITLE TO SAID PREMISES IS VESTED IN Edwin Fleck and Judy Fleck by deed from Edgar J. Foultz, Jr. and Helen M. Foultz, his wife dated 12/30/02 recorded 1/7/03 in Deed Book 255 Page 1206. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4fPahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 ........jcribed I? ., ........... Sworn to and ,b;f° a me this 30 day of November, 2007 A.D. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Claris, Notary Public City Of HanWxq, Dauphin County My Commission Expres June 2, 2008 Member, Pennsylvania Association of Notsrlae Real Estate Sale No. 15 Writ No. 2007-1029 ChrN Tenn Deutsche Bank National Trust Co., as Trustee VS Edwin Fleck and Judy Fleck Atty. Mark Udren DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF WEST FAIRVIEW NOW KNOWN AS EAST PENNSBORO, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE SOUTHERN LINE OF STATE ROAD AT OR OPPOSITE THE CENTER OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NO. 422 AND NO. 424 STATE ROAD; THENCE SOUTHWARDLY THROUGH THE CENTER df, THE PARTITION WALL DIVIDING PROP09 ES KNOWN AS NO. 422 AND NO. 424 STATE ROAD AND BEYOND ONE HI,NDRED TWENTY (120) FEET TO A POINT IN THE NORTHERN LINE OF AN UNNAMED ALLEY; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF SAID UNNAMED ALLEY NINETEEN (19) FEET TEN (10) INCHES, MORE OR LESS, TO A POINT IN THE EASTERN LINE OF LOT NO. 4, ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE NOUTHWARDLY ALONG THE EASTERN LINE OF LOT NO. 4, LANDS NOW OR FORMERLY OF RUDY, ONE HUNDRED TWENTY (120) FEET TO A POINT IN TIE SOUTHERN LINE OF STATE ROAD; THENCE EASTWARDLY ALONG THE SOUTHERN LINE OF STATE ROAD, NINETEEN (19) FEET TEN (10) iNMS, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. BEING THE WESTERN PART OF LIT NO.5 ON THE PLAN OF LOTS KNOWN AS MCCORMICK'S ADDITION TO WEST FAIRVIEW, SAID PLAN BEING RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK I, PAGE 4. BEING KNOWN AND DESIGNATED AS TAX PARCEL I.D. NO. 45-161050-075. SUBJECT TO THE RESERVATIONS, RESTRICTIONS, EXCEPTIONS, EASEMENTS, BUILDING LINES AND CONDITIONS AS SET FORTH IN PRIOR INSTRUMENTS OF RECORD IN CHAIN OF TITLE. BEING KNOWN AS: 424 STATE STREET, ENCT A,PA 17025 PROPERTY ID NO.: 45-161050-075 TITLE TO SAID PREMISES IS VESTED IN EDWIN FLECK AND JUDY FLECK BY DERV.) FROM EDGAR J. FOU117, JP, AND HELEN M. FOULIZ, HIS WIFE DATED 121 30/02 RECORDED 0103 IN DEED BOOK 255 PAGE 1206.