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HomeMy WebLinkAbout07-3069UDREN 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 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services Inc. as its attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. R. Marcus Melissa L. 24 Millers Enola, PA Shughart ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Shughart NO. Gap Road 17025 Defendant(s) COMPLAINT IN MORTGAGE d7 -- 36L? FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO 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: Saxon Mortgage Inc. Assignments of Record to: Bankers Trust Company, as Custodian Recording Date: 6/15/01 Book: 677 Page: 1148 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: 24 Millers Gap Road MUNICIPALITY/TOWNSHIP/BOROUGH: Silver Spring Township COUNTY: Cumberland DATE EXECUTED: 6/11/01 DATE RECORDED: 6/15/01 BOOK: 1720 PAGE: 124 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 5/18/07: Principal of debt due $120,251.76 Unpaid Interest at 12.3750 from 5/1/06 to 5/18/07 (the per diem interest accruing on this debt is $40.77 and that sum should be added each day after 5/18/07) 16,310.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $191.47 and that sum should be added on the first of each month after 5/18/07) 1,031.36 Late Charges (monthlyy late charge of $64.93 should be added in accordance with the terms of the note each month after 5/18/07) 2,228.39 Recoverable Advance 2,744.10 Unapplied Funds (288 76) Attorneys Fees (anticipated and actual to 5% of principal) 6,012.59 TOTAL $148,895.16 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant (s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $148,895.16 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, SQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 eV ALL THAT =TAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of Miller Gap Road (T-594) at line of lands now or formerly of Thomas G. and Heidi L. Gilbert; thence along said line of lands now or formerly of Thomas G. and Heidi L. Gilbert, North 05 degrees 52 minutes 00 seconds West 204.50 feet to an iron pipe; thence by the same, North 15 degrees 06 minutes 18 seconds Went 199.19 feet to an irons pin to be Set; thence along line of Parcel 2 on the hereinafter referenced Subdivision Plan, North 15 degrees 06 minutes 18 seconds West 71.66 feet to ad iron pin to be sets thence along line of landau now or formerly of Dennis G. Horstick, North 85 degrees 54 minutes 00 seconds last 189.95 feet to an iron pin to be set; thence along a 33 footawide private right-of-way South 15 degrees 43 minutes 00,4seconds East 335.09 feet to a corner; thence by the name South 14 degrees 17 minutes 06 seconds East 203.36 feet to a corner; thence along the centerline of Miller Gap Road (T-594) North 80fdegrees 12 minutes 00 seconds West 82.49 feet to a point; thence by the same North 80 degrees 15 minutes 00 seconds west 159.95 feet to a corner, the Place of BEGINNING. CONTAINING a total lot area of 2.1546 acres, including the portion of said premises under and subject to the dedicated right-of-way of Miller Gap Road (T-594)). BEING Lot 1 on the Final Subdivision Plan for Elsie I. Bordner, as recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 78, Page 44. BEING Parcel No. 38-13-0985-050. BEING the same premises which Elsie I. Bordner, single woman, by Deed dated June 23, 1999 and recorded in Cumberland County, in Deed Book 202, page 748, conveyed unto Elsie ? Bordner, single woman. And the said Elsie I. Bordner is now known as Elsie I. Pearson. 11' C, November 17, 2005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT A Page 1 of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: R. Marcus Shugart Melissa L. Shugart - 24 Millers Gap Road Enola, PA 17025 11325294 Saxon Mortg p Inc. Deutsche Bank _ -?- ----?_-- HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOIJ MAY RE ELIGIBLE. FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOITR HOME FROM FORFCL OSURE AND HELP YOI1 MAKE. FITTITRE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN DHOW TO CURE YOUR MORTGAGE DEFAULT GACF. I1P TO DATE CONSUME CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers are set torth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender imm_ e-diated of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 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. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE. OF THE, DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 24 Millers Gap Road Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of 1447.22 for SMfember 1•_2005 thru November 1 2005 = $4341.66 -Month) Late Charges of $61.02 for September 1, 2005 thru November Other charges (explaintitemize): Other Fee=$75.00 Unapplied Funds=($236.66) NSF Fee=$20.00 _ Accumulated Late Charges-X1478.73 _TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not ai lirahle): hU NOW TO CTIRE. THE. DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 55861-79- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he matte either by cash cashier's heck certified) check or mnn y order matte pyahle, and sent to, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (loo not use if not a? plicahle ): LYE Page 3 of 3 IF YOU DO NOT CURE, THE DFFAiJT.T __ If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to x r w i c rights to accelerate h mortgage deb This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mn Ugeed property IF THE. MORTGAGE IS FORRCLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY prior], yon will not he required to nay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE. DEFAULT PRIOR TO SHFRiFF'S SAL F -- 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 u12 to one hour before the, Sheriff s Sale You may en by paying the total amour then ast due,_ lot any later or other charges then due,, reasonable attnrney's fees and costs connected with the foreclosure cal and any other costs connected with the Sheriffs Sale as . cifi . in writing by the lend r and by performing an? 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. F.ARi.LF.ST POSSiRL.E. SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 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. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: Saxon Mortgage Services Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: 888-325-35_02 Fax Number: 817-665-7750 Contact Person: _Customer Service 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 at any time. ASSLTMPTiON OF MORTGAGE -- You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 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 Page 5 of 5 • 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 5414670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 a o C3 a ? $ seed g e694sod 18301 r J ...1 r ? L L (pal nbad luawesiopu3) aed tienlleO PelolAseH W O W C3 aiaH ajGH 1 ...3? (pailnbey luawasiopu3) eat Idepay wniay O O d 41 C Q C3 ? 00d PeBivaO O C3 r'Vtl $ 869MOd (33 C33 LJl Ln .?? • ? -J 03 -J 03 •d cc W .Z a co ?Q 2o wa 0CCNZ a-ow ? U O o g cc ? z Lu cr 3: ? U D U ? ? O O l U (V? V ? 9 4t `a i c m r Certified Mail Provides: (esienaht) awa eunr ugs uuo:i ¦ A mailing receipt ¦ A unique identifier for your matipiece ¦ A record of delivery kept by the Postal Service for two years fmportaM Reminders: ¦ Certified Mail may ONLY be combined with First-Class Maiie or Priority ful ¦ Certified Mail is not available for any class of International mail. ¦ NO INSURANCE COVERAGE IS PROVIDED With Certified Mail. valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt 77 be requested to provide prow delivery. To obtain Return Receipt servicease complete and attach a Rol Receipt (PS Form 3811) to the article and add applicable postage to cover fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waivei a duplicate return receipt, a USPSe postmark on your Certified Mail receir required. ¦ For an additional fee, delivery may be restricted to the addressee addressee's authorized agent. Advise the clerk or mark the mailpiece with endorsement "Restricted Delivery". ¦ If a postmark on the Certified Mail receipt is desired, pplease present the i cle at the post office for postmarking. If a postmerk on the Certified P receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquir Internet access to delivery information is not available on mall . addressed to APOs and FPOs. ? ? to 0 U Z cr d X td t } Z m ?? s C Y13 ? ?a N r C m ? m EO U 0 Z V! ? O O y a? 10- /? a > a1 E L ` ' a ' T'? C? rZ+ O faA -?.- Q? Tcat" r a / E E f' m o m p ` Una wQ o ji ¦ ¦ m Ln rr1 $ d3 C3 o C:j C3 cc cc e a '. g Lr1 m r? U S C3 N 2 \ T z m O i LL 1 a c4; -- ------------- ---------- ?!° --- -- - ---- - C3 C3 °tue pjO s- $eal q eBalsod le;ol ? I? (peiinhey lug 3) w w N?lIeU pBl° ou WOH L (peilnbeH d I I Q C3 )Newisod p , , A j l j wryay C3 ;C3 ? e O IC3 d p 11!>re? C3 O $ eBMs°d C w iw . to In . , ¦ Eb w 'w • . w w ` cn to aOIAJ OS •, o: L) V4 :a co 't SR u? Q O Uawz boo= zt?? awc°C?= 0 S YY ?? v 3 I? •8A Certified Mail Provides: ¦ A unique Identifier for your maiipiec e ¦ A record of delivery kept by the postal Service for two years important • CCertified?tmay ONLY be combined with First-Class Malls or Priority Maile. ¦ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee a Remm Rem yy be requested to provide proof of delivery. To obtain Ream Receipt eervkree?please complete end attach a Return Receipt (PS Form 39111 to the article and add applicable postage to cover the fee. Endorse mailpleoe Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSA postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized M. Advise the clerk or mark the mailpiece with the endorsement Restricted irery'. ¦ If a postmark on the Certified Mail receipt is desired, please present the aril- do at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making on inquiry. Internet access to deliver y Information is not available on mail addressed to APOs and FPOs. Ln ca m ca M O , O O 0 Ln i¢ M I? l? Cl tti 0 a 2 ? s r M o N a t 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. r - Mark J. Udren, ES UIRE UDREN LAW OFFICES, P.C. fi -n ` ), trl -\ SHERIFF'S RETURN - REGULAR c (?ftE NO: 2007-03069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS SHUGHART R MARCUS ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHUGHART R MARCUS the DEFENDANT , at 1847:00 HOURS, on the 25th day of May , 2007 at 24 MILLERS GAP RAOD ENOLA, PA 17025 T') T/fT In/NT TO 11 TTT Tt'T-T 'A *MITI by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 Oglb ? 37.60 Sworn and Subscibed to before me this day So Answers: J y, j,? ` 1?:"?s%=? ?.?'`•'yf/ rte.-.A?'-? R. Thomas Kline 05/29/2007 UDREN LAW OFFICES By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR . CASE NO: 2007-03069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS SHUGHART R MARCUS ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHUGHART MELISSA L the DEFENDANT , at 1847:00 HOURS, on the 25th day of May 2007 at 24 MILLERS GAP ROAD ENOLA, PA 17025 MELISSA SHUGHART by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 d/bu/o z 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/29/2007 UDREN LAW OFFICES By: Deputy S riff A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. R. Marcus Shughart NO. 07-3069 CIVIL TERM Melissa L. Shughart 24 Millers Gap Road 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) R. Marcus Shughart and Melissa L. Shughart 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 $148,895.16 Interest Per Complaint 12,312.54 From 5/19/07 to 3/15/08 Late charges per Complaint 649.30 From 5/19/07 to 3/15/08 Escrow payment per Complaint 1,914.70 From 5/19/07 to 3/15/08 TOTAL $163,771.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY: - a/r ?/4 '?1??1? L LB Attorneys Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE : ??pglpR INDICATE PRO P THY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 plea lings(4udren.r.om Deutsche Bank Trust Company Americas Fk/a Bankers Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) TO: R. Marcus Shughart 24 Millers Gap Road Enola, PA 17025 DATE of Notice: March 4, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3069 Civil Term 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 PR.EUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PER.DER 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 SER.VICIO, 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 PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Mar en, squire Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 111em din ggAudren com Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) TO: Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3069 Civil Term DATE of Notice: March 4, 2008 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 DD 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 LISTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCI:ON 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 TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ar ren, Esquire Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Co. ::COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. NO. 07-3069 CIVIL TERM R. Marcus Shughart Melissa L. Shughart Defendant(s) STATE OF NEW JERSEY AFFIDAVIT OF NON-MILITARY SERVICE 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 Al.Lies 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: R. Marcus Shughart Over 18 As captioned above Unknown Melissa L. Shughart Over 18 As captioned Unknown Sworn, to and subscribed before me this 15th day of March, 2GO8.. Notary Public C;ARA SIEARS WAV Paul: of Nm JERSEY C0mM1 +0n uptras 4libs2Wa above C/ Name: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: R. Marcus Shughart € CHAPTER 13 Melissa L. Shughart CASE NO. 1-06-bk-00525 MDF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services Inc. as its attorney-in-fact Movant vs. R. Marcus Shughart Melissa L. Shughart Debtor(s) and Charles J. DeHart, III, Esquire Trustee RESPONDENTS ORDER MODIFYING AUTOMATIC STAY Upon consideration of the Motion of Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services Inc. as its attorney-in-fact for Relief from Automatic Stay, as well as the Certification of Default filed by same, it is hereby ORDERED AND DECREED THAT: The 11 U.S.C. §362 Automatic Stay of all proceedings is hereby modified with respect to premises located at: 24 Millers Gap Road Enola, PA 17025 so as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. By the Cowl. 71/A?_j Ban p : Jove (EW) Dated: February 19, 2008 This document is electronically signed and filed on the same date. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS SHUGHART R MARCUS ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHUGHART R MARCUS was served upon the DEFENDANT , at 1847:00 HOURS, on the 25th day of May 2007 at 24 MILLERS GAP RAOD ENOLA, PA 17025 R MARCUS SHUGHART by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 s ,,- 9.60 00 10.00 R. Thomas Kline .00 37.60 05/29/2007 UDREN LAW OFFICES By: 2 day Deputy Sheriff of , A. D. StiERlr'i, " S RETURN - REGULAR 'CASE NO: 2007-03069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS SHUGHART R MARCUS ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHUGHART MELISSA L the DEFENDANT at 1847:00 HOURS, on the 25th day of May 2007 at 24 MILLERS GAP ROAD ENOLA. PA 17025 by handing to MELISSA SHUGHART a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 'zo t. .00 ? . 10.00 R. Thomas Kline .00 16.00 05/29/2007 UDREN LAW OFFICES By: day ?-Deputy S riff A. D. cn 0 ?En ; - C7 a co U s 25 .- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart :NO. 07-3069 CIVIL TERM Defendant(s) To: Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 NOTICE Pursuant to Rule 236 of the Supreme Court of Penn lvania, u are hereby notified that a Judgment has been entere a' n the above proceeding as indicated below. rathon y X Judgment by Default Money Judgment Judgment in Replevin l Judgment for Possession -y/ 08`00 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 MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart :NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) To: R. Marcus Shughart 24 Millers Gap Road Enola, PA 17025 NOTICE Pursuant to Rule 236 of the Supreme Court of Penn lvania, y u are hereby notified that a Judgment has been enter7roth in n the above proceeding as indicated below. on o X Judgment by Default Money Judgment Judgment in Replevin ?/og?og Judgment for Possession 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 Y "UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. R. Marcus Shughart :NO. 07-3069 CIVIL TERM Melissa L. Shughart 24 Millers Gap Road 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) R. Marcus Shughart and Melissa L. Shughart 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 5/19/07 to 3/15/08 Late charges per Complaint From 5/19/07 to 3/15/08 Escrow payment per Complaint From 5/19/07 to 3/15/08 $148,895.16 12,312.54 649.30 1,914.70 TOTAL $163,771.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES/,, P.C. ?BY: s. ?? sl .;" ? 2i /I/Vv,'?.,. Attorneys for Plaintif-f MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE: INDICATED PRO P OTHY - UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian - by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-3069 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due Interest From 3/16/08 to Date of Sale 9/3/08 Ongoing Per Diem of 40.77 to actual date of sale including if sale is held at a later date (Costs to be added) $163,771.70 7,012.44 $ UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE g f 9-5 As -? 0?0 S J ?7 m -a t R R? Ur O (A 0 O p 0 0 z r r: s (7) u UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services 'MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart ::NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) x C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual x B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY: .?L9'1C1ATTORNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE CO Zj l < UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-3069 CIVIL TERM C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the.provisions of Act 91 because it is. ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: ATTORNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ?. S ?:13 f. jTI ---- .mss .1µ I UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart :NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact, 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: 24 Millers Gap Road, (Silver Spring Twp) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address R. Marcus Shughart Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 24 Millers Gap Road 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 Krista L. Dombach 2712 Lisburn Road, Unit 201 Camp Hill, PA 17011 4. Name and address of of record: Name the last recorded holder of every mortgage Address Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact George D. Gavigan and Robin A. Gavigan 4708 Mercantile Drive Fort Worth, TX 76137 27 Miller's Gap Road Enola, PA 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants 24 Millers Gap Road (Silver Spring Twp) 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. DATED: March 15, 2008 UDRE?NLAW OFFICES, P.C. BY: ATTORNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281.230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be Address ?j is 7 t UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services '-MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart :NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: R. Marcus Shughart 24 Millers Gap Road Enola, PA 17025 Your house (real estate) at 24 Millers Gap Road, (Silver Spring Township) Enola; PA 17025 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $163,771.70, 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 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart :NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 Your house (real estate) at 24 Millers Gap Road, (Silver Spring Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $163,771.70, 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 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 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3069 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): R. Marcus Shughart Melissa L. Shughart PROPERTY: 24 Millers Gap Road (Silver Spring Twp) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 3, 2008, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3069 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST CO. AMERICAS, f/k/a BANKERS TRUST CO., as Trustee and Custodian by: SAXON MTG. SERVICES, INC., f/k/a MERITECH MTG. SERVICES INC., as its attorney-in-fact, Plaintiff (s) From R. MARCUS SHUGHART and MELISSA L. SHUGHART (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 $163,771.70 L.L.$ 0.50 Interest from 3/16/08 to Date of Sale 9/03/08 Ongoing per diem of $40.77 to actual date of sale including if sale is held at a later date -- $7,012.44 Atty's Comm % Due Prothy $2.00 Atty Paid $172.60 Other Costs Plaintiff Paid Date: 4/08/08 Prothonotar (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, 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. 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. R. Marcus Shughart Melissa L. Shughart :NO. 07-3069 CIVIL TERM 24 Millers Gap Road 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 by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: June 2, 2008 P. C. UDR M.LAW OFFIC , Ail BY : Attorneys -for -P`Y&intiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE n ? Q t -TI rr, `77 ri l UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian ':Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services ;MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart ::NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact, 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: 24 Millers Gap Road, (Silver Spring Twp) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address R. Marcus Shughart Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 24 Millers Gap Road 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 Krista L. Dombach 4. Name and address of the of record: Name Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact George D. Gavigan and Robin A. Gavigan 2712 Lisburn Road, Unit 201 Camp Hill, PA 17011 last recorded holder of every mortgage Address 4708 Mercantile Drive Fort Worth, TX 76137 27 Miller's Gap Road Enola, PA 17025 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 24 Millers Gap Road (Silver Spring Twp) 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. DATED: May 30, 2008 UDREN LAW OFFICES, P.C. BY: ATT RNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-3069 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): R. Marcus Shughart and Melissa L. Shughart PROPERTY: 24 Millers Gap Road, (Silver Spring Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 3. 2008, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, Pa. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A o4t mia? GAO ?? O ? m ?O wLL - -?? 51 I .,r is "r, 44 V m COL 1B 0 .? E m TI 'O tiG Er ©O© C E ? 7W) UO Z 4 iL C35 Q Os ?. '?.0 Q ffl U ? 'L D L] 0 Cl) RA v 0 l a L Qa a _ O VU p. Z O 4 cl? S ? •rt U? 14 YJzi !E F- r 4- w W ? N t6 p 4. 4Uotnfp-= v) qu C-4 0 r yp V s(Z Q d 0 ui 4 r N c,.. 'C3 u?J ? N ?Q ~NQ°CL0 ch Z 0 G t13 _ m pW Wd0? © otf? ul%. = Z5UU4c?vc0`n0 ? Oa LL k6 N W iL ZDW LYw WrwO? ? »_ Q W V IA fit 57 v 14- Odd dZ OD r ? bf0 r ch N Zd? ? cv h] <: CY3 r C f?? O ? al L.= t rn COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SAXON 2001-2 TR is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 8TH day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 3069, at the suit of DERTSCH BANK TR CO AIF against R MARCUS SHUGHART & MELISSA L is duly recorded as Instrument Number 200838605. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this day of A.D. Recorder of Deeds R "r of tzsds, Cwnbedand County, CaAiste, PA My C*miwion Expires ft Fiat Monday of Jan. 2010 Deutsche Bank Trust Co. Americas f/k/a In the Court of Common Pleas of Bankers Trust Co., as Trustee and Custodian by: Cumberland County, Pennsylvania Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Writ No. 2007-3069 Civil Term Services Inc. as its attorney-in-fact VS R. Marcus Shughart and Melissa L. Shughart Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 0935 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: R. Marcus Shughart and Melissa L. Shughart, by making known unto Marcus Shughart personally, for himself and as adult in charge for Melissa L. Shughart, at 24 Millers Gap Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2008 at 1954 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 R. Marcus Shughart and Melissa L. Shughart located at 24 Millers Gap Road, Enola, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: R. Marcus Shughart and Melissa L. Shughart by regular mail to their last known address of 24 Millers Gap Road, Enola, PA 17025. These letters were mailed under the date of July 2, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee for Saxon 2001-2. It being the highest bid and best price received for the same, Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee for Saxon 2001-2, of 4708 Mercantile Drive, Fort Worth, TX 76137, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,364.59. Sheriff s Costs: Docketing $30.00 Poundage 26.76 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 24.00 Levy 15.00 Surcharge 30.00 Law Journal 521.00 Patriot News 535.19 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 nn $1,364.59 7?- So Answers: R. Thomas Kline, Sheriff N r r, BY Real Estate S rgeant 11 V, LA ? ? j AIN T UDREN LAW OFFICES, P.C. ?MARk J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart Melissa L. Shughart Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-3069 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact, 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: 24 Millers Gap Road, (Silver Spring Twp) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name ` Address R. Marcus Shughart Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 24 Millers Gap Road 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 Krista L. Dombach 2712 Lisburn Road, Unit 201 Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 George D. Gavigan and Robin A. Gavigan 27 Miller's Gap Road Enola, PA 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 24 Millers Gap Road (Silver Spring Twp) 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. DATED: March 15, 2008 UDREN LAW OFFICES, P.C. BY: C !?? lls2/ ?`?, ATTORNEYS FOR PLAINTIFF MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ,UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian _Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart `:NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: R. Marcus Shughart 24 Millers Gap Road Enola, PA 17025 Your house (real estate) at 24 Millers Gap Road, (Silver Spring Township) Enola; PA 17025 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $163,771.70, 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 MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust =CIVIL DIVISION Co., as Trustee and Custodian ::Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. R. Marcus Shughart ::NO. 07-3069 CIVIL TERM Melissa L. Shughart Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Melissa L. Shughart 24 Millers Gap Road Enola, PA 17025 Your house (real estate) at 24 Millers Gap Road, (Silver Spring Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $163,771.70, 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 tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows BEGINNING at a point in the centerline of Miller Gap Road (T-594) at line of lands now or formerly of Thomas G. and Heidi I;. Gilbert; thence along said line of lands now or formerly of Thomas G. and Heidi L. Gilbert, North 05 degrees 52 minutes 00 seconds West 204.50 feet to an iron pipe; thence by the same, North 15 degrees 06 minutes 18 seconds West 199.19 feet to an iron pin to be set; thence along line of Parcel 2 on the hereinafter referenced Subdivision Plan, North 15 degrees 06 minutes 18 seconds West 71.66 feet to aii iron pin to be set, thence along line of lands now or formerly of Dennis G. Horstick, North 85 degrees 54 minutes 00 seconds Bast 189.95 feet to an iron pin to be sets thence along a 33 footawide private right-of-way South 15 degrees 43 minutes 00,4secands East 335.09 feet to a corner; thence by the same South 14 degrees 17 minutes 06 seconds East 203.36 feet to a corner; thence along the centerline of Miller Gap Road (T-594) North 80?,degrees 12 minutes 00 seconds West 82.49 feet to a point; thence by the same North 80 degrees 15-minutes 00 seconds West 159.95 feet to a corner, the Place of BEGINNING. CONTAINING a total lot area of 2.1546 acres, including the portion of said premises under and sub ect to the dedscated right-of-way of Miller Gap Road (T-594. BEING Lot 1 on the Final Subdivision Plan for 3;sia I. Bordner, as recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 76, Page 44. BEING Parcel No. 38-13-0985-050. BEING the same prem: Deed dated June 23, Deed Book 202, page woman. And the said Pearson. BEING KNOWN AS: PROPERTY ID NO.: uses which Elsie I. Bordner, single woman, by 1999 and recorded in Cumberland County, in 748, conveyed unto Elsie I. Bordner, single Elsie I. Bordner is now sown as Elsie I. j.. 24 MILLERS GAP ROAD (SILVER SPRING TWP) ENOLA, PA 17025 38-13-0985-050 TITLE TO SAID PREMISES IS VESTED IN R. MARCUS SHUGHART AND MELISSA L. SHUGHART, HUSBAND AND WIFE, AS TENANTS IN THE ENTIRETY BY DEED FROM ELSIE PEARSON, FORMERLY KNOWN AS ELSIE I. BORDNER, AND DANIEL R. PEARSON, HER HUSBAND DATED 6/11/01 RECORDED 6/15/01 IN DEED BOOK 246 PAGE 950. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3069 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST CO. AMERICAS, f/k/a BANKERS TRUST CO., as Trustee and Custodian by: SAXON MTG. SERVICES, INC., f/k/a MERITECH MTG. SERVICES INC., as its attorney-in-fact, Plaintiff (s) From R. MARCUS SHUGHART and MELISSA L. SHUGHART (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 $163,771.70 L.L.$ 0.50 Interest from 3/16/08 to Date of Sale 9/03/08 Ongoing per diem of $40.77 to actual date of sale including if sale is held at a later date -- $7,012.44 Atty's Comm % Due Prothy $2.00 Atty Paid $172.60 Other Costs Plaintiff Paid Date: 4/08/08 Prbthonotar (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, 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. 203437 Real Estate Sale # 14 On May 2, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 24 Millers Gap Road, Enola more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 2, 2008 By: 6 Real Estate Sergeant L S (1 0 1 dd v Uzi'ul PROOF OF PUBLICATION OF NOTICE. IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L"--V,a Marie Coyne, E rtor SWORN TO AND SUBSCRIBED before me this ay of August, 2008 1J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 14 Writ No. 2007-3069 Civil Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact vs. R. Marcus Shughart and Melissa L. Shughart Atty.: Mark Udren ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described o follows: the point BEGINNING at a centerline of Miller Gap Road (T- 594) at line of lands now or tormerly of Thomas G. and Heidi L. Gilbert; thence along said line of lands now or formerly of Thomas G. and Heidi L. Gilbert, North 05 degrees 52 minutes 00 seconds West 204.50 feet to an iron pipe; thence by the same, North 15 degrees 06 minutes 18 seconds West 199.19 feet to an iron pin to be set; thence along line of Parcel 2 on the hereinafter referenced Sub- division Plan, North 15 degrees 06 minutes 18 seconds West 71.66 feet to an iron pin to be set; thence along line of lands now or formerly of Den- nis G. Horstick, North 85 degrees 54 minutes 00 seconds East 189.95 feet to an iron pin to be set; thence along a 33 foot wide private right-of- way South 15 degrees 43 minutes 00 seconds East 335.09 feet to a corner; thence by the same South 14 degrees 17 minutes 06 seconds East 203.36 feet to a corner; thence along the centerline of Miller Gap Road (T-594) North 80 degrees 12 minutes 00 seconds West 82.49 feet to a point; thence by the same North 80 degrees 15 minutes 00 seconds West 159.95 feet to a corner, the Place of BEGINNING. CONTAININU a total tot area of 2.1546 acres, including the portion of said premises under and subject to the dedicated right-of-way of Miller Gap Road (T-594). BEING Lot 1 on the Final Sub- division Plan for Elsie I. Bordner, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 78, Page 44. BEING Parcel No. 38-13-0985- 050. BEING the same premises which Elsie I. Bordner, single woman, by Deed dated June 23, 1999 and re- corded in Cumberland County, in Deed Book 202, page 748, conveyed unto Elsie I. Bordner, single woman. And the said Elsie I. Bordner is now known as Elsie 1. Pearson. BEING KNOWN AS: 24 MILLERS GAP ROAD (SILVER SPRING TWP) ENOLA, PA 17025. PROPERTY ID NO.: 38-13-0985- 050. TITLE TO SAID PREMISES IS VESTED IN R. Marcus Shughart and Melissa L. Shughart, husband and wife, as tenants in the entirety by deed from Elsie Pearson, formerly known as Elsie 1. Bordner, and Dan iel R. Pearson, her husband dated 6/ 1 1 /01 recorded 6/ 15/01 in Deed Book 246 Page 950. the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Z4ePatriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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: 07/23/08 07/30/08 08/06/08 V. 008 A.D. ...... , . __- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Limynion E)q*w Shortie L Kisner, Notary Pubic Cxxyvrj Nov. Z8 X11 Cay of Harrisburgi Dauphin Member, penneytvanis Assoctatton of Notarles Real Eel SeM No. 14 Writ No. 2007-30W CM Taunt Deutsche Bank Trust Co. Americas Vida Bankers Trust Co., a* Thtstas tint Custodian by: Saxon Mllg. SsrAces, Inc. VW a Msritsch Wg. Services Inc. as Its 9l?p4n-fact R. Marcus Shughart and Melissa L. Sh rt Attorney lJdren LEGAL DE wnoN ALL THAT CERTAIN tract of land situate in Silver SpringTownship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of fda ?'W?"??16. Gem al ing said I= of W& maw or foonrly of Thomas G. ad fk& L. Chat, North 05 degrees 52 minutes 00 seconds West 20430 feet to an iron pipe; thence by the same, North 15 degrees 06 minutes 18 seconds West 199.19 feet to an iron pin to be set; thence along line of Parcel 2 on the hereinafter referenced Subdivision Plan, North 15 degrees 06 minutes 18 seconds West 71.66 feet to an iron pin to be set; thence along line of lands now or formerly of Dennis G. Horstick, North 85 degrees 54 minutes 00 seconds East 189.95 feet to an iron pin to be set; thence along a 33 foot wide private right-of-way South 15 degrees 43 minutes 00 seconds East 335.09 feet to a comer, thence by the same South 14 degrees 17 minutes 06 seconds East 203.36 feet to a comer; thence along the centerline of Miller Gap Road (T-594) North 80 degrees 12 minutes 00 seconds West 82.49 feet to a point; thence by the same North 80 degrees 15 minutes 00 seconds West 159.95 feet to a comer, the Place of BEGINNING. _JNTAINING a total lot area of 2.1546 acres. including the portion of said premises under and subject to the dedicated right-of-way of Miller Gap Road(T-594). BEING Lotl on the Final Subdivision Plan for Elsie I. Bordner, as recorded in the Office of the Recorder of Deeds for Cumberland ,iunty, Pennsylvanian Plan Book 78, Page 44. BEING Parcel No. 38-13-0985-050. BEING the same premises which Elsie 1. Bordner, single woman, by Deed dated June 23, 1999 and recorded in Cumberland County, in Deed Book 202, page 748', conveyed unto Elsie 1. Bordner, single woman. And the said Elsie I. Bordner is now known as Elsie I. Pearson. PROPERTY ID NO.: 38-13-0985-050 BEING KNOWN AS: 24 MILLERS GAP ROAD(SILVER SPRING TWP) ENOLA, PA17025 T1TLE TO SAID PREMISES IS VESTED IN R. MARCUS SHUGHART ANDMELISSA L. SHUGHART, HUSBAND ANDWIFE, AS TENANTS IN THE ENTIRETY BY DEED FROM ELSIE PEARSON, FORMERLY KNOWN AS ELSIE L BORDNER, ANDDANIEL R. PEARSON, HER HUSBAND DATED 6/11/01 RECORDED 6/15/01 IN DEED BOOK 246 PAGE950. FORECLOSURE CAPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian By: Saxon Mtg. Services, Inc. flkla Meritech Mtg. Services Inc. as its attorney-in-fact Plaintiff CIVIL ACTION AT LAW Vs. R. Marcus Shughart Melissa L. Shughart Defendant(s) No. 07-3069 ..................................................................................................................... ASSIGNMENT OF SHERIFF'S SALE BID I, Mark J. Udren, Esquire, am the Attorney acting on behalf of Deutsche Bank Trust Company Americas flkla Bankers Trust Company, as Trustee and Custodian By: Saxon Mortgage Services, Inc. flkla Meritech Mortgage. Services Inc. as its attorney-in-fact, Plaintiff/Bank, on the Writ of Execution, in connection with a Mortgage Foreclosure action as captioned above. 2. At the Sheriff s execution sale I, Mark J. Udren, Esquire, was the successful bidder on behalf of Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee and Custodian By: Saxon Mortgage Services, Inc. flkla Meritech Mortgage. Services Inc. as its attorney-in-fact, Plaintiff/Bank. 3. I, Mark J. Udren, Esquire, being authorized by to do so, hereby assign the bid to Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee for Saxon 2001-2, Assignee, whose address is 4708 Mercantile Drive, Fort Worth, TX, 76137 and instructs the Sheriff, upon payment of the costs of settlement, to record said Sheriff's Deed in favor of said Assignee. Dated: o Respectfully submitted, Udren L , P.C. By: ;or- Mark J. Udren, Esquire ATTY I.D. No. 04302 111 Woodcrest Rd., Ste. 200 Cherry Hill, NJ 08003 856-669-5400