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HomeMy WebLinkAbout07-5602UDREN LAN OFFICES, P.C. BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsludren.com Deutsche Bank Trust Company :COURT Americas f/k/a Banker's Trust ;CIVIL Company, as Trustee and Custodian ATTORNEY FOR PLAINTIFF OF COMMON PLEAS DIVISION by• Saxon Mortgage Services, Inc. € Cumberland County f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Defendant(s) NO. 0'?- J j?O? 7W COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTE BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE NAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEB. 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 torte. 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 notification. Hate falta as?ee arr a tla orteaen forma escrita sus persona o con un abogado y ent g defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere qu des pa der dinero o sus provisiones de esta demanda. Usted p otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIME ABOGADO VAYA 8N O SI NO TIME EL DINERO SUPICIENTE DR PAGAR TAL SERVICIO, OFICINA ? PERSONA O MAKE POR TELEFONO LA DONDE 3 PUED? CONSEGIIIR RNCUENTRA ESCRITA ABAJO ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center III Woodcrest Road,'Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Saxon Mortgage, Inc. Assignments of Record to: Texas Commerce Bank Recording Date: 12/1/97 Book: 563 Page: 142 Assignor: Texas Commerce Bank Assignee: Deutsche Bank Trust Company Americas f/k/a Banker's Trust. Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 689 Mount Rock Road MUNICIPALITY/TOWNSHIP/BOROUGH: Penn Township COUNTY: Cumberland DATE EXECUTED: 11/21/97 DATE RECORDED: 12/1/97 BOOK: 1419 PAGE: 395 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 Mortg age 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 9/18/07: Principal of debt due $121,947.50 Unpaid Interest at 8.75% from 4/1/07 to 9/18/07 (the per diem interest accruing on this debt is $29.23 and that sum should be added each day after 4,942.98 9/18/07) 325.00 Title Report Court Costs (anticipated, excluding 280,00 Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account hould is $354.14 and that sum s of each 093.30 added 0 1 , month after 9/18/ 7) Late Charges (monthlyy late charge of $53.49 should be added in accordance with the terms of the note 427 92 each month after 9/18/07) 106.77 Fees Attorneys Fees (anticipated and actual ,6 097.38 o principal) to 5? TOTAL $135,220.85 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 $135,220.85 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 Fi xhihit A (Letd DescriDdOW ALL THAT PARCEL OF LAND IN TOWNSHIP OF PENN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 168, PAGE 773, ID# 31-09-0521-036, BEING KNOWN AND DESIGNATED AS LOT NO. 3, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE FINAL SUBDIVISION PLAN OF MOUNT ROCK MANOR, PREPARED BY ERIC. L. DIFFENBAUGH, PROFESSIONAL LAND SURVEYOR, WHICH SUBDIVISION PLAN HAS BEEN APPROVED BY THE APPROPRIATE MUNICIPAL AUTHORITIES AND IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 68, PAGE 49, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE SET IN CENTERLINE OF MOUNT ROACK (SR 3015) AT COMMON CORNER OF LOT NOS. 3 AND 2; THENCE ALONG COMMON BOUNDARY LINE OF LOT NOS. 3 AND 2, NORTH 45 DEGREES 51 MINUTES 9 SECONDS EAST 505.75 FEET TO AN IRON PIN IN LINE OF LAND NOW OR FORMERLY OF ROBERT AL SULOMAN; THENCE ALONG LINE OF LAND NOW OR FORMERLY OF ROBERT A. SULOMAN, SOUTH 60 DEGREES 33 M04MS 10 SECONDS EAST, 187.64 FEET TO AN IRON PIN AT COMMON CORNER OF LOT NOS. 3 AND 4; THENCE ALONG COMMON BOUNDARY LINE OF LOT NOS. 3 AND 4, SOUTH 45 DEGREES 51 NMgMS 09 SECONDS WEST, 558.75 FEET TO A RAILROAD SPIKE IN CENTERLINE OF MOUNT ROCK ROAD; THENCE ALONG-CENTERLINE OF MOUNT ROCK. ROAD NORTH 44 DEGREES 8 MINUTES 51 SECONDS WEST, 180.00 FEET TO A RAILROAD SPIKE, THE POINT AND PLACE OF BEGINNING. CONTAINING 2.1994 TOTAL ACRES, IN ACCORDANCE WITH THE SUBDIVISION OF PLAN. BEING PARCEL# 31-09-8522-036 TAX MAP 9-521. PARCEL 36 DEED FROM JAMES P. MC EVOY AND KIMBERLY R. MC EVOY, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 168, PAGE 773 DATED 05/16/1997 AND RECORDED 12/01/1997, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. Page 4 July 19, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE important legal informattou. If you have any questions, This Notice contains Agency may be able to help explain it. representatives at the Consumer Credit Counseling e ? bar association may be able you may also want to contact an attorney in ' your to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTA ? IA C OM APREFECTA NDE U DERECHO A CONTINUAR VIVIENDO EN SU CASA. S CONTENDO DE ESTA NOTIFICACIOG?? T?G? ?v??HOUSING INMEDITAMENTE LLAMANDO ESTA FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO ?SySTANG?E P?R.t7?GRA11'I EL?CU? OHOMEOWNERDS EMERGENCY MORTGAGE PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. page I of 7 EXHIBIT A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: 3ames C. Dellavecchia _Patricia A. I)e???? 6S9 Mount Rock Road ('arLi:le+ PA 1701 - Saxon M4rtQ?.p..?i.. G --------- HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM V(H1 M T "F Fi is iRi F FtIR FiNA11t['iAi ASSiSTANCF. yF y0IT r[=hMF aM F.C7,0SITRE AND - -- MAKE JKITTITR MCIRTGAGE PANA0M ELP IF YOU COMPLY WITH THE PROVISIONS OFT?gOMUOW RBE EMERGENCY MORTGAGE ASSISTANCE ACT OF " (TAE B 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. ...KM,? "ARY RTAY (?F RFc1[)nS1IR.E - 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 Dfaee-to-face0 meeting with one of the consumer credit counseling agencies listed at the end of this Notice. " -HIS. a BUTST n -XIIR WIrim APPLY 'FOR W1 A rM ~ TF Y(?T T rnnTn "CIF T)FFATT( T{I FXPT ATN4 HnW TO *r C"AT T FD OH=Q= C"T IRE Y01 TR C)ng BRIM r ???T ro TACTF I TP TWIAM - 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 T+ -- -as-?-rte and tale= hc?ne. r you for thirty (30) days after the date of this meeting. are cep fn h at the eaea?d of thin NotiM It is only necessary to schedule one face-to-face meeting. Advise your lender immodiat 4 of your intentions. -APPL .mint` R MnRTGAGF &%9 TANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the hanature of your default.) If you have tried and are unable to resolve this problem with the lender, you ve 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 or 7 face- to-face meeting. YOU M3I?ST FILE YOUR APPLICATION PROMMY. IF YOU FAIL TO DS SET FORTH IN?THIS ORJEIF YOU DO NOT FOLLOW THE OTHER TIME P? FORECLOSURE MAY PROCEED AGAINST YOUR HOME WILL BE DETIIED IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE Aromr-Y A[MLIlI - Available funds for emergency mortgage assistance are very limited. They will criteria established by the Act. The Pennsylvania Housing be disbursed by the Agency under the eligibility During that time, Finance Agency has sixty (60) days to make a decision after it receives your application- no set forth no foreclosure proceedings will be pursued age you if you have met the time requirements above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTEC BY OF THIS NOTICE IS OR INFORMATION BANKRUPTCY, THE FOLLOWING PART PURPOSES ONLY AND SHOULD NO TBE THE CONSIDERED AS AN ATTEMPT TO you can still apply for Emergency Mortgage Assistance.) (If you have flied bankruptcy y The MORTGAGE debt held-by the above lender on your property located at: 689 Mount Rock Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $1424.05 for May 1, 2007 - $1424.051 2(107 = 5276$sL- 14fn..thiv Psvments of $13$4, 7 for inne i 207 ---16 1-tv ?rd? •kr..n Ju_w 12 007 = 5160.47 Monty f Other charges (e:tpiainlitemize): Other Fee= $75.00 NSF Fee- $2950 property Inspection Fee= $13.25 Other Uncollected Fee= $160.47 1 S45?A.S?!_ TOTAL AMOUN ?A DUE: - B. YOU HAVE FARM TO TAKE THE FOLLOWING ACTION pn n-d w if n&gphcahln): W& - 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 „50. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. anA w U: Page 3 of 7 You can. cure any other default by taking the following action within THIKTY (30} DAYS of the date of this letter. D1lA w vnit M N()T _ If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, and you may lose means that the entire outstanding balance of this debt will be considered due immediately due is not the chance to pay the mortgage in monthly installments. If full payment total to ?ustart? past past action to made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys legal - 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 will still be required to pay the reasonable attorney's the lender begins legal proceedings $50.00. you, you However, if legal proceedings are started against 's fees that were actually recurred, against , up incurred by the leader even if they exceed you, you will have to pay all reasonable attorney's fees actually also include other $50.00. Any attorney's fees will be added to the amount you owe the lender, which may reasonable costs. EMWEW to on V .- 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 banlauptcy without your having reaffirmed it, then lender cannot pursue this remedy. plum TO sHEROVIR SALE - If you have not cured the default RICH TO f size . ¦ have begun, -° °`at t+ave_the right to within ,,, the 30) DAY period and foreclosure proceedings With Tr71i\1 1HRT) ( • ____ "_ U-i ho! CTM..t^a ?i? ,T?i T. 1A?E Y(l l AV C? rip 121M L11,1111611 C rift your to the default in the manner set forth in this notice will restore your mortgage same position as if you had never defiulte& It is estimated that the earliest date that such a could be held would be spgrozimately . months from F-qT Sheriffs Sale of the mortgaged property the date of this Notice. A notice of the actual date of use the long a yowill be u wart. You may find out at any of course, the amount needed to cure the on will be by contacting the lender. time exactly what the required payment Name of Lender/Servicer: Saxon Miagt^ -- - Address: 4708 Mercantile Drive North Fort Worms X6 37 Phone Number: 2 6S---- -----_--__?__ --- Fag Number: L-_60:.7 Contact Person: Loss Mitigation lnwemit?agl`nmai COm ..--.-------- AIX - You should realize that a Sheriffs Sale will end your ownership of the it. If you continue to live in the property after the Sheriffs mortgaged property and your right to occupy and other belongings could be started by the lender at Sale, a lawsuit to remove you and your furnishings any time. Page 4 of 7 You may not transfer your home to a buyer or transferee who, will all the outstanding payments, charges and attorney's fees and costs assume the mortgage debt, provided that satisfied are paid prior to or at the sale and that the other requirements of the mortgage are Pogo 5 of 7 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 of the stated 30 days after receipt of this Notice and the attached document that the validity deb or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us we will obtain verification of the debt or a in writing of a dispute within the 30 day pe 'n? 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. notify in writing within the 30 day period as stated above, we will cease collection If you of your debt, or any disputed portion of it, antil we obtain the information that is required and mail it to you. Once we have mailed to you the required iaf°nnati°n+ 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/ Marls J. Udren, Esquire Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 6 of 7 TO SELL THE PROPERTY TO OBTAIN MONEY T?G INSTI MORTGAGE. DEBT OR PAY OFF THIS TO BORROW MONEY FROM ANOTHER DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHAIY. HAVE TO HAVE THE MORTGAGE RESTORED T DEFAULT. ((HHO?WE ERO, YOU DO NO DEFAULT HAD OCCURRED, IF YOU CURE THE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IDS THE FO MORTGAGE PROCEEDING OR ANY OTHER LAWSUIT IN DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. a TO SEEK PROTECTION UNDER THE FEDERAL. BANKRUPTCY LAW . CCCS of Western Pennsylvania, Inc. 2000 Langlestown Road Harrisburg, PA 17102 (717)541-1757 FAX (717) 541-4670 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 7 of 7 ?k } tP 0 tI' t 4- « c i= Sg Z rT-- A r ?n v ?gn m d I9-0 9 Er 0 x i i 1 r - r-1 C3 C3 a 0 c O r?TF. h? '•? 'R`?r:r 26, ?'•4 t: i 7 ? c ?'. ' `f 4 q i 1 co S C v m"t'mR' ? z ?$C.)? -??- ;$c Z tCD ? % ISM9 acct .n a is- Ln rr T a r-I O C3 0 _ O m duo ?f@ki ?rrt?'7?•aF y I., log r ° ° ff' F o ° till l Y O -j Own to ? ? c ? p c Q3 . g P o? 00 ? N N 1 Q' X a ° a -1 U' P 0 O • V E R I F I CAT 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 a.C.S. Section 4904 relating to unsworn falsification to P authorities. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. tL ` fV O Fr a url SHERIFF'S RETURN - REGULAR c• CASE NO: 2007-05602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUETSCHE BANK TRUST COMPANY VS DELLAVECCHIA JAMES C ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon itVT T.7T1TWr rT-TTA .721MPr, r• the DEFENDANT , at 1946:00 HOURS, on the 28th day of September, 2007 at 689 MOUNT ROCK ROAD CARLISLE, PA 17013 by handing to PATRICIA A DELLAVECCHIA, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 .00 Jo1osly? ?34.72 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/01/2007 UDREN LAW OFFICES By. 4-156-puty Sheri A. D. M CASE NO: 2007-05602 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUETSCHE BANK TRUST COMPANY VS DELLAVECCHIA JAMES C ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DELLAVECCHIA PATRICIA A the DEFENDANT at 1946:00 HOURS, on the 28th day of September, 2007 at 689 MOUNT ROCK ROAD CARLISLE, PA 17013 PATRICIA A DELLAVECCHIA was served upon 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 j0'p5'°? "' ? 16.00 So Answers R. Thomas Kline 10/01/2007 UDREN LAW OFFICES Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Bankers Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Plaintiff v. James C. Dellavecchia Patricia A. Dellavecchia Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-5602 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: October 30, 2007 UDREN LAW OFFICES, P.C. BYI : ar J. UdrVQ,/Esquire t rney for Plaintiff r V E R I F I C A T I Q N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this. verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: o - 1 -?97 James C. Dellavecchia Patricia A. Dellavecchia Loan #0010012140 MJU #0235788 Name : MUM WFS&c5eT Title: ! V 1" Company: Saxon Mortgage Services, Inc., as servicer on behalf of Deutsche Bank Trust Company Americas f/k/a Banker s Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in--fact c-n V do UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas € f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-5602 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) James C. Dellavecchia and Patricia A. Dellavecchia 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 $135,220.85 Interest Per Complaint 1,227.66 From 9/19/07 to 10/30/07 Late charges per Complaint 53.49 From 9/19/07 to 10/30/07 Escrow payment per Complaint 354.14 From 9/19/07 to 10/30/07 TOTAL $136,856.14 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. UDR LAW OFFICES P.C. a k J. dre , ESQUIR t orney Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : /0?30?n7 / ?- OIGB (( 14Y UDREN LAW OFFICES, P.C. BY: Nark J. Udren, Esquire. ATTY I.D. NO. 04302 MOODCRBST CORPORATE CZ4TER 111 WOODCREST ROAD, SUITE 200 CMMY BILL, NJ'08003 856-669-5400 pleadinaaftdren com c Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian b Saxon Mortgage services, Inc. Y/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia De f endant (s) TO: James'C. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 DATE of Notice: October 19, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-5602 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS. YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A .HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE. YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166- Bob-990-9108 NOTIFICACION INPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN'ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL .PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION.A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ?---' NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES , THIS LAW FIRE IS DEENSD TO BE A DEBT COLLEC R AND THIS AN ATTEI4PT T COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BI USED FOR KA PURPOSE. W cre Corporate Center 111 oodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAN OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 NOODCREST CORPORATE CENTER 111 NOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 R2eadina&0udren. coma Deutsche Bank Trust Company Americas f/k/a.Banker's Trust Company, as Trustee and Custodian b • Saxon Mortgage Services, Inc. Y/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia Defendant(s) TO: Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 DATE of Notice: October 19, 2007 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-5602 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 717249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION. REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO. IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVI.CIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES , THIS LAN FIRM IS DEMMD TO BE A DEBT COLLECTOR AND THIS IS AN ATT COLLECT A DEBT. ANY INFORMATION OBTAINED WILL 9SE USED,WR THAT PUR rx ?. uare?squire W cr st Corporate Center 111 crest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDR.EN LAW OFFICES, P.C. BY: Mark J. Udxen, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 8SE-482-6900 Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc..as its attorney-in-fact 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Def endant (a) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-5602 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF COUNTY OF rn c? SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: James C. Dellavecchia Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Patricia A. Dellavecchia Age: Over 18 Residence: As captioned above Employment: Unknown Name :? ?? S d t b ib d Title: worn o an scr su e Company: Saxon Mo rtgage Services, Inc., as servicer on behalf of Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its before me this day -in-fact -0 inn of 2 0 6:). ?ski OTA 011 o ary is M Verbal Confirmation of Service of Complaint Date: 0 Spoke with: uJb J Defendant(s): , w UlIM-TUck w s served on at: U110 QL1QAG klU -3 Defendant(s): at: Defendant(s): at: was served on C> 2 Mrs ?nF as served on C'3 C. nr0 ?cvnlielu . Pa I?ia t Are there any additional fees due? Yes No If so how much?_$ 1?1 -31A& loo CZ) } UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas : COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon =Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant (s) To: James C. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment Money Ju Judgment Judgment Judgment Prothonotary by Default 3gment in Replevin for Possession 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 lC >/,3 Olt) 7 /R, 0 10 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas:COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. ::MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia :NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $136,856.14 Interest From 10/31/07 3,712.21 to Date of Sale 3/5/08 Ongoing Per Diem of 29.23 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. k J. Udren, O RIVY FOR PLAINTIFF na 9+ .G oo r 171 W o? i 00 0 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas:COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. ::MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia ::NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia 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 Pe77?? Resident: Mark J. Udren, ESQUIRE Address & I.D. # as above cox ? c? :"T1 c-n UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas :COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. :MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia :NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is. ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. REN LAW OFFICES, P.C. f\ /**_?\ k J. Udren, E UI A ORNEY FOR PLAINTIFF C? ru Ca3 cz) r C_11 1 ^-4 f_.. AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage 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: 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address James C. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as ::CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. ::MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia :NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact American General 4708 Mercantile Drive Fort Worth, TX 76137 601 NW 2nd Street Evansville, IN 47708 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 689 Mount Rock Road (Penn Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: October 30, 2007 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be UDREN LAW OFFICES, P.C. k J. Udren, Q. Att rney for Plaintiff na r7l 7i rn ;r t ..,? C!7 `S3 r + UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-5602 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: James C. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Your house (real estate) at 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $136,856.14, 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 SAYS 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 u UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas :COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as ;CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. :.,MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Your house (real estate) at 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $136,856.14, 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 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. Americas:COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc.: as its attorney-in-fact :NO. 07-5602 CIVIL TERM Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): James C. Dellavecchia Patricia A. Dellavecchia PROPERTY: 689 Mount Rock Road (Penn Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 5, 2008, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5602 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 BANKER'S TRUST CO., as Trustee and Custodian by: SAXON MORTGAGE SERVICES, INC, f/k/a MERITECH MORTGAGE SERVICES, INC, as its attorney-in-fact, Plaintiff (s) From JAMES C. DELLAVECCHIA & PATRICIA A. DELLAVECCHIA (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 $136,856.14 L.L. $.50 Interest from 10/31/07 to Date of Sale 3/05/08 Ongoing per diem of $29.23 to actual date of sale including if sale is held at a later date Atty's Comm % Atty Paid $169.72 Plaintiff Paid Date: 10/30/07 (Seal) REQUESTING PARTY: Name MARK J. UDREN ESQUIRE Address: UDREN LAW OFFICES, PC Due Prothy $2.00 Other Costs S C is R. Long, ProthonolAry By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 -- $3,712.21 Supreme Court ID No. 04302 9?4REN 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. Americas -:COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as =CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia NO. 07-5602 CIVIL TERM 689 Mount Rock Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C'P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B" 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: January 8, 2008 UDRE 00 LAWA OUIICES P?fC. BY: YA ,Di, , Attorneys fof 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 Deutsche Bank Trust Co. Americas f/k/a € COURT OF COMMON PLEAS Banker's Trust Co., as Trustee and € CIVIL DIVISION Custodian by: Saxon Mortgage Services, Cumberland County Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Plaintiff NO. 07-5602 CIVIL TERM V. James C. Dellavecchia Patricia A. Dellavecchia Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): James C. Dellavecchia and Patricia A. Dellavecchia PROPERTY: 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 5. 2008, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, Pa. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in. accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A Q1 =1im?o W N L J W LL Qa~ oo _ N p >.W 4 W ? N "? cts ac p'W" E E E c - ai ui N E ?om-3 Um y V yN - C y W O C c 7 8 d m m z m E? E m- o Uj LL mW L Q ty0 = U 41 N W c y W c v iE .9 a Wi 'm m •O o.0 N W-M CO LL _ n. c E wow 0 m c;o °c o W " NCO N • LL m??mNo d (aN mmm LE a O n E p p p•O J cc0 N o m p o c£ O m ANC N d c?a X'L•y y N0 E n4 ?WEE<< U W ?•- W m E d c L M W m° W N N 7 7 cc - N W N .'`7.. U N l0 Cam, V -c?mm(O ? t? L) t o E c u C a a m a 7 N .... N O c c C r Q1 N ... FOQw 'm. 0 N O O t W m 2? a aT:o U) pp????_ 02 d N ?? om O .r f? E m m p a E c °. a? 0 c ?co i. 0 . O r c nc" 0 egg O G1 c . ! .- r E v N L c o c ?a?? vo> cm . c WaWg 2 W c v cc = _ . Fi Ta'Wo CL v -7 m v a? y O 2 ry - m 0 m k. ?r a. y ID s a A" m - a LL . ?m ?? ' r Q m + W N V ° p d y y 0 !. FM C O d) W U V U c U o ?? ? ED H a o w ¢O a ? 0 Z ? o Z O ? S UN U a a ° a? U w EL Z LL? O '- O w > W w? o N C)W _ O ¢W (n(j Z QQQ W a F- ter d M E FM a?0 O 0 WJ J _ O r S 0 0 _ y fAN? E v < F- U o C a0 zz a wd m w CV ? ?r >(mn ? to "' apZ ° d ? Za ? ?L Z N03 0?_3 'c »0 O? OS ¢? °m a0 I N d en O ? J M 0. = Q ` O O a a = ' ? d Z? WC W O? VU c s ?,? 0 J :5o aN a) C7 a E WO W Z E- Q LYS Co ~W 1 X in? 2 7y Z Z 000 Q -5 2C O 2 Z o o? E n U E 0 O O W (D n Qv F-- 0: r Z L) (1) UC 1 N ao °o ? CL a? 0) .0 L IN O a N'O Z E <Z ? O CD O a) E j N ? , c a N E?(n m d Co- Z ¢ O C .J N M ef• (D F- 00 0) N N F?• 'J CYWIRIT 4 c cv L.. E U co co 1 _ LO M N O 4t U U L] Q to U L IL C M (6 U L) 9) > N ? 3 M 0 W LL U co E O U. N U a r.., e .. f.? ......? Z.+ _ ..r C'"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 Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its :NO. 07-5602 CIVIL TERM attorney-in-fact Plaintiff V. James C. Dellavecchia Patricia A. Dellavecchia Defendant PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: February 18. 2008 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 ??a u -c i ' ? t i=' .-- sz: ? ?f y y . L, ?? r • (' ?! ? 1 ?1 Deutsche Bank Trust Co. Americas f/k/a In the Court of Common Pleas of Bankers Trust Co., as Trustee and Custodian Cumberland County, Pennsylvania By: Saxon Mortgage Services, Inc. f/k/a Writ No. 2007-5602 Civil Term Meritech Mortgage Services, Inc, as its Attorney-in-fact VS James C. Dellavecchia and Patricia A. Dellavecchia David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on December 03, 2007 at 2046 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: James C. Dellavecchia and Patricia A. Dellavecchia, by making known unto Patricia A. Dellavecchia, personally and adult in charge for James C. Dellavecchia at 389 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1341 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 James C. Dellavecchia and Patricia A. Dellavecchia located at 389 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James C. Dellavecchia and Patricia A. Dellavecchia by regular mail to their last known address of 389 Mount Rock Road, Carlisle, PA 17013. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Udren. Sheriffs Costs: Docketing 30.00 Poundage 345.46 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 15.36 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 460.01 Share of Bills 16.17 $1299.50 y12 P/a F . trV ?'V h ?0 P:z[?o So Answeerrs`_: 7 R. Thomas Kline, Sheriff Real Estate Sergeant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas :COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon €Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. :MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia :NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage 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: 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address James C. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of of record: Name the last recorded holder of every mortgage Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact American General Address 4708 Mercantile Drive Fort Worth, TX 76137 601 NW 2nd Street Evansville, IN 47708 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 689 Mount Rock Road (Penn Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: October 30, 2007 UDREN LAW OFFICES, P.C. k J. Udren, Q. Att rney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas€COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. ":MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia ::NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: James C. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Your house (real estate) at 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $136,856.14, 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 BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas-":COURT OF COMMON PLEAS f/k/a Banker's Trust Co as =CIVIL DIVISION Trustee and Custodian by: Saxon :Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. ::MORTGAGE FORECLOSURE as its attorney-in-fact Plaintiff V. James C. Dellavecchia `_NO. 07-5602 CIVIL TERM Patricia A. Dellavecchia Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Patricia A. Dellavecchia 689 Mount Rock Road Carlisle, PA 17013 Your house (real estate) at 689 Mount Rock Road, (Penn Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 5, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $136,856.14, 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 foz- 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 PARCEL OF LAND IN TOWNSHIP OF PENN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 168, PAGE 773, ID# 31-09-0521-036, BEING KNOWN AND DESIGNATED AS LOT NO. 3, MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE FINAL SUBDIVISION PLAN OF MOUNT ROCK MANOR, PREPARED BY ERIC. L. DIFFENBAUGH; PROFESSIONAL LAND SURVEYOR, WHICH SUBDIVISION PLAN HAS BEEN APPROVED BY THE APPROPRIATE MUNICIPAL AUTHORITIES AND IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 68, PAGE 49, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE SET IN CENTERLINE OF MOUNT ROACK (SR 3015) AT COMMON CORNER OF LOT NOS. 3 AND 2; THENCE ALONG COMMON BOUNDARY LINE OF LOT NOS. 3 AND 2, NORTH 45 DEGREES 51 NIINUTES 9 SECONDS EAST 505.75 FEET TO AN IRON PIN IN LINE OF LAND NOW OR FORMERLY OF ROBERT AL SULOMAN; THENCE ALONG LINE OF LAND NOW OR FORMERLY OF ROBERT A. SULOMAN, SOUTH 60 DEGREES 33 MINUTES 10 SECONDS EAST, 187.64 FEET TO AN IRON PIN AT COMMON CORNER OF LOT NOS. 3 AND 4; THENCE ALONG COMMON BOUNDARY LINE OF LOT NOS. 3 AND 4, SOUTH 45 DEGREES 51 MINUTES 09 SECONDS WEST, 558.75 FEET TO A RAILROAD SPIKE IN CENTERLINE OF MOUNT ROCK ROAD; THENCE ALONG CENTERLINE OF MOUNT ROCK ROAD NORTH 44 DEGREES 8 MINUTES 51 SECONDS WEST, 180.00 FEET TO A RAILROAD SPIKE, THE POINT AND PLACE OF BEGINNING. CONTAINING 2.1994 TOTAL ACRES, IN ACCORDANCE WITH THE SUBDIVISION OF PLAN. BEING PARCEL# 31-09-8522-036 TAX MAP 9-521. PARCEL 36 DEED FROM JAMES P. MC EVOY AND KIMBERLY R MC EVOY, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 168, PAGE 773 DATED 05/16/1997 AND RECORDED 12/01/1997, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 689 MOUNT ROCK ROAD, (PENN TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 31-09-0521-036 TITLE TO SAID PREMISES IS VESTED IN JAMES C. DELLAVECCHIA AND PATTI PATRICIA A. DELLAVECCHIA, HUSBAND AND WIFE BY DEED FROM JAMES P. MCEVOY AND KIMBERLY R. MCEVOY, HUSBAND AND WIFE DATED 5/16/97 RECORDED 12/1/97 IN DEED BOOK 168 PAGE 773. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5602 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 BANKER'S TRUST CO., as Trustee and Custodian by: SAXON MORTGAGE SERVICES, INC, f/k/a MERITECH MORTGAGE SERVICES, INC, as its attorney-in-fact, Plaintiff (s) From JAMES C. DELLAVECCHIA & PATRICIA A. DELLAVECCHIA (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 $136,856.14 L.L. $.50 Interest from 10/31/07 to Date of Sale 3/05/08 Ongoing per diem of $29.23 to actual date of sale including if sale is held at a later date Atty's Comm % Atty Paid $169.72 Plaintiff Paid Date: 10/30/07 -- $3,712.21 (Sea!) REQUESTING PARTY: Name MARK J. UDREN ESQUIRE Address: UDREN LAW OFFICES, PC Due Prothy $2.00 Other Costs Is/ Lqt? P. " iCuttis R. Long, Prothonot By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 a.. Real Estate Sale # 47 On November 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 689 Mount Rock Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 8, 2007 By: Real Estate Sergeant 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: January 25 and February 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. "I L Marie Coyne, I SWOV,baGi AND SUBSCRIBED before me this 1 day February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 47 Writ No. 2007-5602 Civil Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc, as its attorney-in-fact vs. James C. Dellavecchia and Patricia A. Dellavecchia Atty.: Mark Udren DESCRIPTION ALL that parcel of land in Town- ship of Penn, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 168, page 773, ID# 31-09-0521-036, being known and designated as Lot No. 3, more particularly bounctea ana described in accordance with the final subdivision plan of Mount Rock Manor, prepared by Eric L. Diffen- baugh, Professional Land Surveyor, which subdivision plan has been ap- proved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 68, page 49, as follows: Beginning at a railroad spike set in centerline of Mount Rock (SR 3015) at common corner of Lot Nos. 3 and 2; thence along common bound- ary line of Lot Nos. 3 and 2, North 45 degrees 51 minutes 9 seconds East 505.75 feet to an iron pin in line of land now or formerly of Robert Al Suloman; thence along line of land now or formerly of Robert A. Sulo- man, South 60 degrees 33 minutes 10 seconds East, 187.64 feet to an iron pin at common corner of Lot Nos. 3 and 4; thence along common boundary line of Lot Nos. 3 and 4, south 45 degrees 51 minutes 09 sec- onds West, 558.75 feet to a railroad spike in centerline of Mount Rock Road; thence along centerline of Mount Rock Road North 44 degrees 8 minutes 51 seconds West, 180.00 feet to a railroad spike, the point and place of beginning. Containing 2.1994 total acres, in accordance with the subdivision of plan. Being Parcel # 31-09-8522-036. Tax Map 9-521. Parcel 36. Deed from James P. McEvoy and Kimberly R. McEvoy, husband and wife as set forth in Deed Book 168, page 773 dated 05/ 16/ 1997 and recorded 12/01/1997, Cumberland County Records, Commonwealth of Pennsylvania. Being known as: 689 Mount Rock Road (Penn Township), Carlisle, PA 17013. Property ID No: 31-09-0521-036. Title to said premises is vested in James C. Dellavecchia and Patti Patricia A. Dellavecchia, husband and wife by deed from James P. McEvoy and Kimberly R. McEvoy, husband and wife dated 5/16/97, recorded 12/1/97 in Deed Book 168 page 773. t. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 ....... i?M?... .......... Sworn to and_?t*cribed before me thX25ffiY1df February, 2008 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal -? Sherrie L. Kisner, Notary Public CilyOfHarrisburg; Dauphin Count My Commission Expires Nov. 26 , . Member, Pennsylvania Ass©ciatsll ^+ ^Jotaries REAL ESTATE SALE NO. 47 Writ No. 2007-5m CNN Term Deutsctis Bank Trust Co. Americas Vida Banker's Trust Co., as Trustee and Custodian by: Saxon Mortgage Services, Inc. We Merksch Mortgage SerAces, Inc. as Its attorney4n- fact 4 VS James C. Dellavecchia and Patricia A. Dellavecchia Attorney Mark Udren DESCRIPTION ALL that parcel of land in Township of Penn, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 168, page 773, W# 31-09-0521-036, being known and designated as Lot No. 3, more particularly bounded and described in accordance with the final subdivision plan of Mount Rock Manor, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, which subdivision plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 68, page 49, as follows: Beginning at a railroad spike set in centerline of Mount Rock (SR 3015) at common comer of Lot Nos. 3 and 2; thence along common boundary line of Lot Nos. 3 and 2, North 45 degrees 51 minutes 9 seconds East 505.75 feet to an iron pin in line of land now or formerly of Robert AI Soloman; thence along line of land now or formerly of Robert A. Suloman, South 60 degrees 33 minutes 10 seconds East, 187.64 feet to an iron pin at common corner of Lot Nos. 3 and 4; thence along common boundary line of Lot Nos. 3 and 4, south 45 degrees 51 minutes 09 seconds West, 558.75 feet to a railroad spike in centerline of Mount Rock Road; thence along centerline of Mount Rock Road North 44 degrees 8 minutes 51 seconds West, 180.00 feet to a railroad spike, the point and place of beginning. Containing 2.1994 total acres, in accordance with the subdivision of plan. Being Parcel # 31409-8522-036 Tax Map 9-521 Parcel 36 Deed from James P. McEvoy and Kimberly R. McEvoy, husband and wife as set forth in Deed Book 168, page 773 dated 05!16097 and recorded 12101/1997, Cumberland County Records; CommOnweahh of Pennsylvania. 9',109 known as: 689 Mount Roa Road (Penn gip) Cade, FA 17013 hVeglDNo; 31-WW21-036 Title to said premises is vested in James C. Dellavecchia and Patti Patricia A. Dellavecchia, husband and wife by deed from James P. McEvoy and Kimberly R. McEvoy,' husband and wife dazed 5/16197, recorded 1211/97 in Deed Book 168 page 773. .