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HomeMy WebLinkAbout07-6315UDREN 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 Company COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Company, as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Cumberland County Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman = NO. ©7 Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER'GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian for IRIS 2006-HE2 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: 406 Roxbury Road MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Mifflin Township COUNTY: Cumberland DATE EXECUTED: 7/31/06 DATE RECORDED: 8/4/06 BOOK: 1961 PAGE: 1245 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 10/20/07: Principal of debt due $130,999.53 Unpaid Interest at 8.6250 from 5/1/07 to 10/20/07 (the per diem interest accruing on this debt is $30.95 and that sum should be added each day after 10/20/07) 5,295.95 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $192.64 and that sum should be added on the first of each month after 10/20/07) 105.60 Late Charges (monthlyy late charge of $47.77 should be added in accordance with the terms of the note each month after 10/20/07) 477.70 Fees 234.50 Unapplied Funds (386.52) Attorneys Fees (anticipated and actual to 5% of principal) 6 549.98 TOTAL $143,881.74 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $143,881.74 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT PARCEL OF LAND IN TOWNSHIP OF UPPER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 276, PAGE 131, ID# 44-06-0037-065, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 147, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SUBDIVISION PLAN THEREOF BY CARL D. BERT, R.S., DATED JUNE 15, 1977 AND REVISED MAY 8, 1978, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE LOCATED AT THE SOUTHWESTERN CORNER OF SAID TRACT IN THE CENTERLINE OF L.R. 21001; THENCE ALONG SAID CENTERLINE, NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST, 304.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 89 DEGREES, 59 MINUTES, 10 SECONDS EAST, 101.78 FEET TO AN IRON PIN; THENCE SOUTH 64 DEGREES, 38 MINUTES, 29 SECONDS EAST, 272.38 FEET TO AN IRON PIN; THENCE SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN; THENCE ALONG THE LINE OF LOT NO. i OF THE AFOREMENTIONED SUBDIVISION PLAN, SOUTH 32 DEGREES, 10 MINUTES, 28 SECONDS WEST, 265.09 FEET TO AN IRON PIN; THENCE NORTH 40 DEGREES, 00 MINUTES, 50 SECONDS WEST, 100.00 FEET TO AN IRON PIN, THENCE NORTH 82 DEGREES, 00 MINUTES, 50 SECONDS WEST 219.03 FEET TO AN IRON PIN IN Till CENTERLINE OF L.R. 21001, THE PLACE OF BEGINNING. CONTAINING 109,824 SQUARE FEET WITH DWELLING HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO. 7 ON THE SUBDIVISION PLAN. DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 276, PAGE 131 DATED 07/31/2006 AND RECORDED 08/04/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. Page 4 August 9, 2007 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 OHOMEOWNERQS EMERGENCY MORTGAGE ASSISTANCE PROGRAM0 EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page a of7 EXHIBIT A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Gerald Laughman Marta Laughs an 406 Roxbury Rd. Ne lle. PA 17241 _ 2000193312.__ Wilmington FWauce U c,Y_. _ Deutsche Bank (Custodian) HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOIJ MAY R IGIRT.F FOR FINANCTAT. ASSISTANCE WATCH CAN SAVE YOITR HOME FROM FORRCLOSTTRE AND HVLP VOTJ MAKE FUTURE, MORT GAGE PAVMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE GACTO), 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. TRMPORARY STAY OF FORF.CT,OSITRF. - 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 0 H CCONSIMER CREDIT COUNSELING AGFNCTF,S -- 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 telenhnne numbers of designated consumer credit coins ,ling a?uemries for the county in whinh the pmpgdt is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender imme_ .d, of your intentions. APPT,ICATTON 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 7 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 fiends 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.) NATITRF OF THF. DF.FA TT.T - The MORTGAGE debt held by the above lender on your property located at: 406 Roxbury Rd. Newville, PA 17241 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: 1V)<o?t_Pyneof $1148.07 for dyne 1, 2007 through August 1, 2007 = $3444.21 _Monthly Late Charges of $47.77 for dune 1, 2007 through July 1,_2007 = $95.54 _ Other charges (explaWitemize). Other Fee= $75.00 Uncollected Late Fee= $238.85 Property Inspection= $19.00 _Unap?lied Funds= ($386,52) _ TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not Lse if not al licahle): NA HOW TO CURE. THE. DEFAIMI - 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 $34$5.0$ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either by cash, cashier's check, certifieAi check or money order made payable and cent tn, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of Page 3 of 7 this letter: (Fount nee if not armlicahle_l: 1U IF YOU DO NOT rTTRE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exgreag its rights to secelernte the mnr nge deht_ 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 foreclnew upw your mn gd W=eM. IF THE MORTGAGE IS FORECLOSED ITPON - 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 (3Q) DAY = erind, yon will not hg r?aired to pny 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 "JER, THE DF.FATILT PRIOR TO SHERIFF'S SAT,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 nt any time up to one boor hefnre the Sheriff g Sal ._ You may o so by pa, ing the total amount then as1Lt diie, lun c gn latF nr other .hsr=, then dnP, asnnahl . ttnrn .y's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff c Sale as snecifi in writing by the lender and by performing any t}th t?gltirPTFlet2ts 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 FARIJ ST POSSIBLE SHERIFF'S SALF. DATE. -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximmately 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. HOW TO CONTACT THE LENDERe Name of Lender/Servicer: Sax-gn Mortgggg,., Address: 4708 Mercantile Drive North Fort Worts TX 76137 Phone Number: _88_8-325-3502 Fax Number: Contact Person: Loss Mitigation lossmit@saxoumsLcom FFFF.C"T OF SURRJ U'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. ASSITMMON 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 Page 4 of 7 are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 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 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 6 of 7 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 7 of 7 0 Oc ?a =``:m ?O?Z xC) 0 ?OMMO m?m L !14 r, °oam70 t? w OZC; 4 m f cc ru ru s r- N r-I ......r r-I C3 r o ....._??..- m o..••y 0 p l . il epj, t ? ?tt 4.5 t 2.,mtYt ?^FSa O C? C? ?n 0 Oc 3 MM M m13 <o 1 ? 0 ?C r=?aDO Zcn0'Tn 7 ` ?33?0 m °or"ro w OmC Z ri fU s _ s Ul M 0 0 T ?....?..?...? o Ul .?..rr. m .?.........?. -u ...?..._.,, O N 'AN t?f 1 , ii i y N 3 'C7 }. to i c C3 O Q' w Ln A 0 ? C3 Ej L LJ1 S i'L! C Q 6 3 ? W pN O m 3 ;a "J C3 d' W LM 0 O O C3 0 Lr n U a €I ¦ m r 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 Z?/???, Mark Udren, ESQUIRE UDREN LAW OFFICES, P.C. n r V ? V - ? F . _ [J1 -F- is n =-i ti 4. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :NO. 07-6315-CIVIL TERM Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: December 11, 2007 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire Attorney for Plaintiff 10 V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by 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: 11-S-07 - , /'Z'? - - - Name : Laura Heswtt Title: 74 VP 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 for IXIS 2006-HE2 by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney- in-fact Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Loan ##2000193312 MJU #07080071. Cl - , 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 for IXIS 2006-HE2 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. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6315-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) Gerald Laughman a/k/a Gerald E. Laughman and Marta Laughman a/k/a Marta I. Laughman 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 $143,881.74 Interest Per Complaint 1,609.40 From 10/21/07 to 12/11/07 Late charges per Complaint 47.77 From 10/21/07 to 12/11/07 Escrow payment per Complaint 385.28 From 10/21/07 to 12/11/07 TOTAL $145,924.19 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 LA OFFICES, P.C. M rk J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : Lit /oh s _ to. O PROTHY 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 856-482-6900 Deutsche Bank Trust Company Americas f/k/a Banker's Trust company, as Trustee and Custodian for IXIS 2006-HE2 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. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road - Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6315 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ff)N SS COUNTY OF ?("MQ_ 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: Gerald Laughman a/k/a Gerald E. Laughman Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Marta Laughman a/k/a Marta I. Lghman Age: Over 18 i Residence: As captioned above Employment: Unknown cName: Title: Sworn ubscribed Company: rnMort!?age Services, LIE; Inc., as servxcer on behalf of Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and JAMES C. MORRIS Custodian for IXIS 2006-HE2 by: NOTARY PUBLIC •MINNESOTA Saxon Mortgage Services, Inc. MYCOMMISSION f/k/a Meritech Mortgage EXPIRES JAN. 31, 2009 Services, Inc. as its attorney- in-fact befor me this day of N"q n)p_A - , 206 CASE NO: 2007-06315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS LAUGHMAN GERALD ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAUGHMAN MARTZ AKA MARTA I LAUGHMAN the DEFENDANT , at 1553:00 HOURS, on the 9th day of November , 2007 at 406 ROXBURY ROAD NEWVILLE, PA 17241 by handing to GERALD LAUGHMAN, HUSBAND 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 RETURN - REGULAR Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 6.00 .00 .00 10.00 So Answers: R. Thomas Kline 11/13/2007 UDREN LAW OFFICES day By: A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY Vs LAUGHMAN GERALD ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAUGHMAN GERALD AKA GERALD E LAUGHMAN the DEFENDANT ,at 1553:00 HOURS, on the 9th day of;November , 2007 at 406 ROXBURY ROAD NEWVILLE, PA 17241 by handing to GERALD LAUGHMAN 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 14.40 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/13/2007 UDREN LAW OFFICES By: A. D. [ `:a J D ` 00 = 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. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman :NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant (s) To: Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession 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 / /i//o 7 f s/C?C.t c?1?c-8 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. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman :NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $145,924.19 Interest From 12/12/07 5,663.85 to Date of Sale 6/11/08 Ongoing Per Diem of 30.95 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, FOR PLAINTIFF ?v 1 Sim -C ? O S 00000 00 00 °O r-- = ray cam, 4? top 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. ;COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman :NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman 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: Mark J. Udren, ESQUIRE Address & I . D . ## as above ? '' ' - -_ r-? ---? t- t ` r? 4 .` s?i? ?.?.' .? . , S ? ? ? t ??> ?? ?'... 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6315-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. Mart J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF -TI C') _-- y ?. ' ,11F ?Z 4 i ? ?wd Ll.r f Y UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) NO. 07-6315-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 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: 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gerald Laughman 406 Roxbury Road a/k/a Gerald E. Laughman Newville, PA 17241 Marta Laughman 406 Roxbury Road a/k/a Marta I. Laughman Newville, PA 17241 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 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Farmers National Bank MERS, Inc. as Nominee for Wilmington Finance, Inc. 1 West Big Spring Avenue Newville, PA 17241 P.O. Box 2026, Flint, MI 48501 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 406 Roxbury Road (Upper Mifflin Township) Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: December 11, 2007 e:?:? - - - Mark J. Udren, ESQ. Attorney for Plaintiff t`3 r7j ?!? _ . 1"3 V r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust ::CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman :NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman De f endant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 11, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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. 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 f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6315-CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman PROPERTY: 406 Roxbury Road (Upper Mifflin Township) Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland Counter Sheriff's Sale on June 11, 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 07-6315 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 for IXIS 2006-HE2 by: SAXON MTG. SERVICES, INC., f/k/a MERITECH MTG. SERVICES, INC. as its attorney-in-fact, Plaintiff (s) From GERALD LAUGHMAN a/k/a GERALD E. LAUGHMAN & MARTA LAUGHMAN a/k/a MARTA I. LAUGHMAN (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 $145,924.19 L.L. $.50 Interest from 12/12/07 to Date of Sale 6/11/08 Ongoing Per Diem of $30.95 to actual date of sale including if sale is held at a later date -- $5,663.85 Atty's Comm % Atty Paid $177.40 Plaintiff Paid Date: 12/11/07 (Seal) Due Prothy $2.00 Other Costs Protho tary By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 f • .CASE NO: 2007-06315 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS LAUGHMAN GERALD ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAUGHMAN GERALD AKA GERALD E LAUGHMAN the DEFENDANT , at 1553:00 HOURS, on the 9th day of November , 2007 at 406 ROXBURY ROAD NEWVILLE, PA 17241 by handing to GERALD LAUGHMAN 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 /. "?b? - Sworn and Subscibed to before me this of 18.00 14.40 .00 10.00 day So Answers: / .r R. Thomas Kline 11/13/2007 UDREN LAW OFFICES By. A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS LAUGHMAN GERALD ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAUGHMAN MARTZ AKA MARTA I LAUGHMAN the GERALD LAUGHMAN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE at 406 ROXBURY ROAD NEWVILLE, PA 17241 by handing to DEFENDANT , at 1553:00 HOURS, on the 9th day of November , 2007 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: ' F R. Thomas Kline 11/13/2007 UDREN LAW OFFICES By. of A. D. Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day 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 Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman :NO. 07-6315-CIVIL TERM Marta Laughman a/k/a Marta I. Laughman 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: April 2, 2008 UDREI,r W OFFI/ , P. C. B 41 A rneys f _Plaintiff MARK J . LTDR 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. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a =MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co.-Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 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: 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gerald Laughman 406 Roxbury Road a/k/a Gerald E. Laughman Newville, PA 17241 Marta Laughman 406 Roxbury Road a/k/a Marta I. Laughman Newville, PA 17241 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 Fairlane Credit LLC P.O. Box 6508, Mesa, AZ 85216 c/o Donald B. Mazzotta, Esquire 938 Penn Avenue Pittsburgh, PA 15222 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Farmers National Bank MERS, Inc. as Nominee for Wilmington Finance, Inc. 1 West Big Spring Avenue Newville, PA 17241 P.O. Box 2026, Flint, MI 48501 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 has knowledge who has affected by the sale: Name Tenants/Occupants every other person of whom the plaintiff any interest in the property which may be Address 406 Roxbury Road (Upper Mifflin Township) Newville, PA 17241 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: April 2, 2008 UDREN P. C. BY: 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. 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 Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6315-CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gerald Laughman a/k/a Gerald E. Laughman . Marta Laughman a/k/a Marta 1. Laughman PROPERTY: 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 11, 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 11 ? - U m p O N CD m m L J m G O.~ W O LL N m a°? N a o w 'm 'E O co " O m ?L _ m m E S. m m 0 U Q m'AV m M1m E c ? c o E m 2- E m° m r E (6 LL N m L N oi= ? 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F., Deutsche Bank Trust Co., Americas f/k/a Banker's Trust Co, as Trustee and Custodian for IXIS 2006-HE2; by Saxon Mtg. Services, Inc., a/k/a Meritech Mtg. Services, Inc., as its Attorney-in-fact Vs Gerald E. Laughman and Marta Laughman a/k/a Marta I. Laughman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6315 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 06, 2008 at 1930 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: Gerald E. Laughman and Marta Laughman a/k/a Marta I. Laughman by making known unto both Gerald E. Laughman and Marta I. Laughman personally, at 406 Roxbury Road, Newville, PA 17241, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1325 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 Gerald E. Laughman and Marta I. Laughman located at 406 Roxbury Road, Newville, 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: Gerald E. Laughman and Marta I. Laughman by regular mail to their last known address of 406 Roxbury Road, Newville, PA 17241. This letter was mailed under the date of March 31, 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 Mark Udren. Sheriff s Costs: Docketing 30.00 Poundage 23.86 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 24.96 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 479.00 Patriot News 547.01 Share of Bills 14.73 $1,217.06 ? gI14 OS er?Ls377 R4-z3j7y So Answers: , R. Thomas Kline, Sheriff B Real Estate rgeant 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. ':COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman :NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 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: 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gerald Laughman 406 Roxbury Road a/k/a Gerald E. Laughman Newville, PA 17241 Marta Laughman 406 Roxbury Road a/k/a Marta I. Laughman Newville, PA 17241 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 r 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Farmers National Bank MERS, Inc. as Nominee for Wilmington Finance, Inc. 1 West Big Spring Avenue Newville, PA 17241 P.O. Box 2026, Flint, MI 48501 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 406 Roxbury Road (Upper Mifflin Township) Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: December.ll, 2007 Mark J. Udren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITS 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 for IRIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E'. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6315-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 11, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available.Sale. NOTICE OF ONN$R'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 DOSS TAKE PLACE. 1. If the Sheriffs 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 PARCEL OF LAND IN TOWNSHIP OF UPPER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 276, PAGE 131, ID# 44-06-0037-065, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 147, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SUBDIVISION PLAN THEREOF BY CARL D. BERT, R.S., DATED JUNE 15, 1977 AND REVISED MAY 8, 1978, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE LOCATED AT THE SOUTHWESTERN CORNER OF SAID TRACT IN THE CENTERLINE OF L.R. 21001; THENCE ALONG SAID CENTERLINE, NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST, 304.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 89 DEGREES, 59 MINUTES, 10 SECONDS EAST, 101.78 FEET TO AN IRON PIN; THENCE SOUTH 64 DEGREES, 38 MINUTES, 29 SECONDS EAST, 272.38 FEET TO AN IRON PIN; THENCE SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN; THENCE ALONG THE. LINE OF LOT NO. 1 OF THE AFOREMENTIONED SUBDIVISION PLAN, SOUTH 32 DEGREES, 10 MINUTES, 28 SECONDS WEST, 265.09 FEET TO AN IRON PIN; THENCE NORTH 40 DEGREES, 00 MINUTES, 50 SECONDS WEST, 100.00 FEET TO AN IRON PIN; THENCE NORTH 82 DEGREES, 00 MINUTES, 50 SECONDS WEST 219.03 FEET TO AN IRON PIN IN THE CENTERLINE OF L.R. 21001, THE PLACE OF BEGINNING. CONTAINING 109,824 SQUARE FEET WITH DWELLING HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO.7 ON THE SUBDIVISION PLAN. DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 276, PAGE 131 DATED 07/31/2006 AND RECORDED 08/04/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 406 ROXBURY ROAD (UPPER MIFFLIN TWP) NEWVILLE, PA 17241 PROPERTY ID NO.: 44-06-0037-065 TITLE TO SAID PREMISES IS VESTED IN GERALD LAUGHMAN AND MARTA 276 PAINTER PHIS HIS WIFE BY WIFE DATED T7/31/060 RECORDED 8/4/06 IN DEED BOOK KELLY PAGE 131. 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Gerald Laughman NO. 07-6315-CIVIL TERM a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 11, .2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To'prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court.to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT PARCEL OF LAND IN TOWNSHIP OF UPPER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 276, PAGE 131, ID# 44-06-0037-065, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 147, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SUBDIVISION PLAN THEREOF BY CARL D. BERT, R.S., DATED JUNE 15, 1977 AND REVISED MAY 8, 1978, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE LOCATED AT THE SOUTHWESTERN CORNER OF SAID TRACT IN THE CENTERLINE OF L.R. 21001; THENCE ALONG SAID CENTERLINE, NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST, 304.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 89 DEGREES, 59 MINUTES, 10 SECONDS EAST, 101.78 FEET TO AN IRON PIN; THENCE SOUTH 64 DEGREES, 38 MINUTES, 29 SECONDS EAST, 272.38 FEET TO AN IRON PIN; THENCE SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN; THENCE ALONG THE LINE OF LOT NO. 1 OF THE AFOREMENTIONED SUBDIVISION PLAN, SOUTH 32 DEGREES, 10 MINUTES, 28 SECONDS WEST, 265.09 FEET TO AN IRON PIN; THENCE NORTH 40 DEGREES, 00 MINUTES, 50 SECONDS WEST, 100.00 FEET TO AN IRON PIN; THENCE NORTH 82 DEGREES, 00 MINUTES, 50 SECONDS WEST 219.03 FEET TO AN IRON PIN IN TH$ CENTERLINE OF L.R. 21001, THE PLACE OF BEGINNING. CONTAINING 109,824 SQUARE FEET WITH DWELLING HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO. 7 ON THE SUBDIVISION PLAN. DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 276, PAGE 131 DATED 07/31/2006 AND RECORDED 08/04/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 406 ROXBURY ROAD (UPPER MIFFLIN TWP) NEWVILLE, PA 17241 PROPERTY ID NO.: 44-06-0037-065 TITLE TO SAID PREMISES IS VESTED IN GERALD LAUGHMAN AND MARTA LAUGHMAN, HIS WIFE BY DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HIS WIFE DATED 7/31/06 RECORDED 8/4/06 IN DEED BOOK 276 PAGE 131. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6315 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 for IXIS 2006-HE2 by: SAXON MTG. SERVICES, INC., f/k/a MERITECH MTG. SERVICES, INC. as its attorney-in-fact, Plaintiff (s) From GERALD LAUGHMAN a/k/a GERALD E. LAUGHMAN & MARTA LAUGHMAN a/k/a MARTA I. LAUGHMAN (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 $145,924.19 L.L. $.50 Interest from 12/12/07 to Date of Sale 6/11/08 Ongoing Per Diem of $30.95 to actual date of sale including if sale is held at a later date - $5,663.85 Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs Plaintiff Paid Date: 12/11/07 Proth notary (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 C?1 Real Estate Sale # 36 On February 25, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA Known and numbered as 406 Roxbury Road, Newville, more fully described on Exhibit "A" C;F ?? filed with this writ and by this reference incorporated herein. Date: February 25, 2008 By: Real Esta 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: May 2, May 9, and May 16, 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. ?_Vsa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 RTAL LDTATE BALE NO. 36 Writ No. 2007-6315 Civil Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis 2006-HE2 by: Saxon Mtg. Services Inc., f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact vs. Gerald Laughman a/k/a Gerald E. Laughman & Marta Laughman a/k/a Marta I. Laughman Atty.: Mark Udren ALL that parcel of land in Town- ship of Upper Mifflin, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 176, Page 131, ID# 44-06-0037-065, being known and designated as all that certain tract of land with the impents thereon erected situ- ate in Upper Mifflin Township, Cum- berland County, Pennsylvania, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 32, Page 147, bounded and described in accordance with a subdivision plan thereof by Carl D. Bert, R. S., dated June 15, 1977 and revised May 8, 1978, as follows: BEGINNING at a railroad spike located at the southwestern comer of said tract in the centerline of L.R. 21001; thence along said center- line, North 00 degrees, 00 minutes, 50 seconds West, 304.20 feet to a railroad spike; thence North 89 de- grees, 59 minutes, 10 seconds East, 101.78 feet to an iron pin; thence South 64 degrees, 38 minutes, 29 seconds East, 272.38 feet to an iron pin; thence South 46 degrees, 42 minutes, 12 seconds East, 102.38 feet to an iron pin; thence along the line of Lot No. 1 of the aforementioned subdivision plan, South 32 degrees, 10 minutes, 28 seconds West, 265.09 feet to an iron pin; thence North 40 degrees, 00 minutes, 50 seconds West, 100.00 feet to an iron pin; thence North 82 degrees, 00 min- utes, 50 seconds West 219.03 feet to an iron pin in the centerline of L.R. 21001, the place of beginning. CONTAINING 109,824 square feet with dwelling house and frame build- ings thereon and being designated as Lot No. 7 on the subdivision plan. DEED FROM Michael D. Painter and Kelly Painter, husband and wife as set forth in Deed Book 276, Page 131 dated 07/31/2006 and recorded 08/04/2006, Cumberland County Records, Commonwealth of Pennsylvania. BEING KNOWN AS: 406 ROX- BURY ROAD (UPPER MIFFLIN TWP), NEWVILLE, PA 17241. PROPERLY ID NO.: 44-06-0037- 065. TITLE TO SAID PREMISES IS VESTED IN Gerald Lwaghman and Marta Laughman, his wife by deed from Michael D. Painter and Kelly Painter, his wife dated 7/31/06 recorded 8/4/06 in Deed Book 276 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot 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 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: 04/23/08 04/30/08 05107/08 .... ............... Sworn to (anc(/subscribed before me this 27 day of May, 2008 A.D. Notary Pu lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal c Chyrle L. Sheppard, Notary :tY Coun Ot Harrisburg, Dauphin 010 [City Commission Expires MaY y Member, Pennsylvania Association of Notaries ALL THAT PARCEL OF LAND IN TOWNSW OF UPPER MIFFLIN, CUtAIND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 276, PAGE 131, ID# 44.O&M7-065, BEING MOWN ANDD "WWASALLTfKC RTAIN TRACT OF LAND WITH THE SITU IkB MffL TOWNSHIP, CUMBERLAND COUNTY. PENNSYLVANIA, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 147, BOUNDED AND DESCRIBES IN ACCORDANCE WITH -A SUBDIVW PLAN THEREOF BY CARL D. BERT, RS.. DAM JUNG 15,19r AND REVISED MAY 8;1978, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE LOCATED AT THE SOUTHWESTERN CORNER OF SAID TRACT IN THE CENTERLINE OF L.R 21101; THENCE ALONG SAID CENTERLINE, NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST, 304.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 89 DEGREES,. 59 MINUTES, 10 SECONDS EAST, 101.78 FEET TO AN IRON PIN; THENCE SOUTH 64 DEGREES, 38 MINUTES, 29 SECONDS EAST, 272.38 FEET Tb AN IRON PIN; THENCE SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN; TMENNCE ALONG TIE LINE OF LOT NO. 1 OF THE "EMMONED SUBDIVISION PLAN, SOUTH 32 DEUM, 10 MNUTES,, 28 SECONDS WEST, 265.09 FEET TO AN IRON PIN; THENCE NORTH 40 DEGREES, 00 h41NVTF5, 50 SECONDS WFST,100.00 FEET TO AN IRON PIN; THENCE NORTH 82 UEGREES, OD MINUTES, 50 SECONDS ,, BEST 219.03 FEET TO AN IRON MN IN THE CEN7ERM OF L:R 21001, THE PLACE OF BEGINNING. (8ONTAINING 109,824 SQUARE FEET WITH DWELLING HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO. 7 ON THE SUBDIVISION PLAN. DEED FROM MI WEL D. PAINTER AND KELLY PABN TER. HIISBANDAND WIFE AS SET FORTH WIDOD BOOK 276, PAGE 131 DATED 07f# ANb RWORM 08+" -2006 MANIA. BRAG KNOWN AS: 14 Wff FED, IN Tnu Got" 01) fiAi& Dm w 13Y ` F LA AN. '100 NIUCHAEL. D. rxmm AND KELLY VS Qsnod L=qqbp*o s1WGerald E 1AWWWOMA 4 WI- VS Ci?ald l?t'??fk/a i3eraid 1%* dren ALL 7HAF 1ARCEL OF LAND IN TOWN' OF UPPER : •MftW, CU11$PWANI3 COUNTY, STATE OF POWSYLVAMIk AS MORE FULLY DESCRIBED 1N> IM BOOK 276, PAGE 131, ID4 4446-0037-065, BE114G KNOWN AND DBSJGIBA*D MALL UW GAIN TRACT OF„ LAND ,WITH THE THEREON ERECTED SITUATE IN. MM MMIN TOWNSHM CUMBERLAND COUNTY, PENNSYLVANIA, 9 RECORDED IN THE OFFICE OF, THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 147, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SUB PLAIT THEREOF BY CARL D. MERRTLRS., KMM JUNE 15, 1977 AND REVIMMAY & 1517& ASFOLLOWS: BEGM4ING AT -A RAILROAD SPIKE LOCATED AT.:THE SOUTHWESTERN CORNER OF SAw TRACT IN THE CENTER11NB OF L.R. 21001; THENCE ALONG SAE) CENTERLINE, NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST, 304.20 FEET TO A RARMAD SPIRE?; THE NORTH 89 DEGREES, 59 MINUTES, 19 SECONDS EAST,101.78 FEET TO AN MOO MN; THENCE SOUTH 64 DEGREES, 3W" IIVUTFS, 29 SECONDS EAST, 272.38 FEET TO AN IRON PIN; THENCE" SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN; THENCE ALONG THE LINE OF LOT N0. 1 OF THE 40RE1ENTIONFD SUBDIMON PLAN, SOUTH 32 DEGREES, 10 MUTES, 28 SECONDS WEST,-265.09 FEET TO AN.IRON PIN; THENCE NORTH 40 DEGREES, 00 M NUTTES, 50 SECONDS WEST, 100-00 FEET TO AN MM-PIN; THENCE NORTH 82 '^EGREES, 00 MINUTES, 50 SECONDS ,MT 214.03 FEETTOAN MNPIN INTHE CENIERI: M OF L.R. 21001; THE. PLACE. OF BEG&M. CONINNING 109,824 SQUARE FEET WITH DWFLLIM • HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO. 7 ON THE SUBDOISIIN4 PLAN. DEED FROM MKTIAE. D. PAINTER AND KELLY PAINTER, HUSBAND AND WIFE AS SET FORTH INDEED BOOK 276, PAGE 131 DATED 07131(2096 AND RECORDED 081041 2006, C IOVAA A COUNTY R13CQRDS, CaMMONWEAL'TH OF PENNSYLVANIA. BEING KNOWN ASi ME TO SAID. PREMISES IS VESTED IN GERALD ' LAUGHMAN AND, _ MARTA Lam, Ins w1k BY :DEED FROM -MOHAIR D. PAW= AND KELLY PA a8k .BLS fff 'Dk1TFD 7131106 ROCORDED31?tSt6?'?DT EE BOOK276 PACE 131. 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 Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Gerald Laughman a/k/a Gerald €NO. 07-6315-CIVIL TERM E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $145,924.19 Interest From 12/12/07 13,896.55 to Date of Sale March 4, 2009 Ongoing Per Diem of 30.95 to actual date of sale including if sale is held at a later date (Costs to be added) UDRENLyAW 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 =° ? $ cp V = z ? 4 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 eaaingswudren.com Deutsche Bank Banker's Trust Custodian for Mtg. Services, Mtg. Services, in-fact Trust Co. Americas f/k/a Co., as Trustee and IXIS 2006-HE2 by: Saxon Inc. f/k/a Meritech Inc. as its attorney- Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Gerald Laughman a/k/a Gerald E. NO. 07-6315-CIVIL TERM Laughman Marta Laughman a/k/a Marta I. Laughman 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 : P z1i/) ,1vz21,4 ; Attorneys-for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE m cry M4, t+? ;7 .? IIG 2-1, 1 c -n ?3 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald NO. 07-6315-CIVIL TERM E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) C E R T I F I C A T E I hereby state that as 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: (/h?,i 1/l?? Att6rneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE p ?i G7 Mrr rl 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald :NO. 07-6315-CIVIL TERM E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 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: 406 Roxbury Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Farmers National Bank MERS, Inc. as Nominee for Wilmington Finance, Inc. 1 West Big Spring Avenue Newville, PA 17241 P.O. Box 2026, Flint, MI 48501 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 406 Roxbury Road (Upper Mifflin Township) Newville, PA 17241 • 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: September 10, 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 > Ts UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 1 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 WQODCREST 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald :NO. 07-6315-CIVIL TERM E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road(Upper Mifflin Township)Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 c Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff 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 CHANDIRA M. ARKEMA, ESQUIRE - ID #203437 WOODC'REST CORPORATE CENTER 111 WIOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-61:69-5400 pleadlings@udren.com Gerald Laughman E. Laughman Marta Laughman Laughman V. a/k/a Gerald a/k/a Marta I. Defendant(s) NO. 07-6315-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road(Upper Mifflin Township)Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, 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 OWNSR'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHT'S 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6315 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 for IXIS 2006-HE2 BY: SAXON MTG. SERVICES, INC f/k/a MERITECH MTG, SERVICES, INC, Plaintiff (s) From GERALD LAUGHMAN a/k/a GERALD E. LAUGHMAN and MARTA LAUGHMAN a/k/a MARTA I. LAUGHMAN (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 $145,924.19 L.L. Interest from 12/12/07 to Date of Sale 3/04/09 Ongoing Per Diem of $30.95 to actual date of sale including if sale is held at a later date -- $13,896.55 Atty's Comm % Due Prothy $2.00 Atty Paid $1,299.46 Other Costs Plaintiff Paid Date: 9/15/08 othono (Seal) By: REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RAOD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Deputy Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #453 2 LORRAINE DOYLE, ESQUIRE - ID #34 76 ALAN M. MINATO, ESQUIRE - ID #75 60 CHANDRA M. ARKEKA, ESQUIRE ID 203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. America: f/k/a Banker's Trust Co., as Trustee and Custodian for IRIS 2006-HE2 by: Saxon Mtg. Service; Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney- in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6315-CIVIL TERM ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sh riff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", as 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 appea ing on the attached Return Receipt, which was signed for by Defendant(s) on th date specified on the said Return Receipt. Copies of the said Notice and Re urn 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 This Affidavit is made subject t relating to unsworn falsificatic Dated: December 19, 2008 time limits set forth by Pa Rule C.P. 3129. the penalties of 18 Pa.C.S. Section 4904 to authorities. UDREN LAW OFFICES, P.C. BY Attorneys for P ainti 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 - STUART WINNEG, ESQUIRE - LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUI WOODCREST CORPORATE CENT 111 WOODCREST ROAD, SUIT CHERRY HILL, NJ 08003-36 856-669-5400 .com Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintif v. Gerald Laughman a/k/a G rald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendan (s) ID #04302 ID #45362 ID #34576 ID #75860 ,E - ID #203437 200 0 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6315-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Trustee and Custodian fc Inc. f/k/a Meritech Mtg. Plaintiff in the above a ESQ., sets forth as of t Execution was filed the property located at: 406 1. Name and address of Name Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman 2. Name and address of Name mericas f/k/a Banker's Trust Co., as IXIS 2006-HE2 by: Saxon Mtg. Services, Services, Inc. as its attorney-in-fact, tion, by its attorney, Mark J. Udren, e date the Praecipe for the Writ of ollowing information concerning the real Roxbury Road, Newville, PA 17241 r(s) or reputed Owner(s): Address 406 Roxbury Road Newville, PA 17241 406 Roxbury Road Newville, PA 17241 :fendant(s) in the judgment: Address SAME AS #1 ABOVE 3. Name and address of a record lien on the r Name Fairlane Credit LLC 4. Name and address of of record: Name ry judgment creditor whose judgment is property to be sold: Address P.O. Box 3508, Mesa, AZ 85216 C/o Donald S. Mazzotta, Esquire 700 Fifth Avenue, FL 2 Pittsburgh, PA 15219-4720 last recorded holder of every mortgage Address Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee an Custodian for IXIS 2006- E2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Serv ces Inc. as its attorney-in- act Farmers National Bank MERS, Inc. as Nominee fo Wilmington Finance, Inc. 5. Name and address of on the property: Name None 6. Name and address of e, interest in the property the sale: Name Real Estate Tax Dept. Domestic Relations Sect Commonwealth of PA, Department of Revenue 7. Name and address of e- has knowledge who has an affected by the sale: Name 4708 Mercantile Drive Fort Worth, TX 76137 1 West Big Spring Avenue Newville, PA 17241 P.O. Box 2026, Flint, MI 48501 ry other person who has any record lien Address very other person who has any record and whose interest may be affected by Address 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 ry other person of whom the plaintiff interest in the property which may be Address Tenants/Occupants 406 Roxbury Road (Upper Mifflin Township) Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of m 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: December 19, 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 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - I #04302 STUART WINNEG, ESQUIRE - I #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE -1 #75860 CHANDRA M. ARKEMA, ESQUI E - ID #203437 WOODCREST CORPORATE C NTER 111 WOODCREST ROAD, SUIT 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Ame Banker's Trust Co., as Trustee Custodian for IXIS 2006-HE2 t Mtg. Services, Inc. f/k/a Meritei Services, Inc. as its attorney-in Plaintiff V. Gerald Laughman a/k/a Gerald Laughman Marta Laughman a/k/a Marta I. Laughman Defendant(s) TO: ALL PARTIES IN f/k/a Saxon i Mtg. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6315-CIVIL TERM AND CLAIMANTS CE OF SHERIFF'S SALE OWNER(S): Gerald Laughman?a/k/a Gerald E. Laughman Marta Laughman k/a Marta I. Laughman PROPERTY: 406 Roxbury Road, (Upper Mifflin Township) Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property 's scheduled to be sold at the Cumberland County Sheriffs Sale on March 4. 2009, 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 b not later than 30 days after sa schedule unless exceptions ar( schedule. filed by the Sheriff on a date specified by the Sheriff . Distribution will be made in accordance with the filed thereto within 10 days after the filing of the EXHIBIT A d - BmWo a S?- c c LL m o T m p - N p m n o N m E cg mf_p H aEi E°?sg E$C9?W um Sd C6 i c m m E m m-tTm E m w 20 E c 2 $ 0 .n ? m om toa?o? ??mp;m Om 1Y m U) E w c mE ` r_CO m N l0 ?W Q mN of LL ?.•o ?pN c m€ m a a mEa ° ? p v O t) Gm G N W W8 o ovo .? so m . E:W:io '?c10 W c mp m'am?vrn m?vc?m - N coo d :, ?v° cm m E_ m c m L 0 2: y E. o E m ? L ? c m m ? W CD m E?_ c m o Y N = N io C'O? 9 8 m N > a€ t O oR t7 cc aX E v f? N C Vl ^ m" N o 0 d C f6 •- a) 42 S m m m E ° 2° f6 y. ° m m M. m m°° a- C z n > o m o i n a c a 'sp Z, s-2 o Nf! Lm U??? v1?' cc =v 8 2mc?i 2U E O 1 t i? q? p I LLtl'ES c n v MC1W I Cfl.d Cfl r I f- - 1 m d P aaaaa wasj aa!!u 9,3 ;, g ? °Q`i (f n )7- t7o v v w I trL u7 tr: N o ?? ? ? ?tZElS9Z?l96a G? '•` ?I w D d N Q°• ti w , s C ? N p 0 N ? C U - U O ?? ?? w W > J8 m 41 4) L o- o o z a? m $a z v _ N Q W C a oC ?d Z U- ? 0 OC1? 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LL :3 C/) N <L J CD c"`, tri;; ?-. --? '? = ?: r Y t F ? `'? r' • t Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and In The Court of Common Pleas Custodian for IXIS 2006-HE2 by: Saxon Cumberland County, Pennsylvania Mtg. Services, Inc. f/k/a Meritech Mtg. Writ No. 4408-6315 Civil Term Services, Inc. as its attorney-in-fact d oo 17 - VS Gerald Laughman and Marta Laughman Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2008 at 2000 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: Gerald Laughman and Marta Laughman, by making known unto Gerald Laughman personally and husband of Marta Laughman, at 406 Roxbury Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1933 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 Gerald Laughman and Marta Laughman, located at 406 Roxbury Road, Newville, 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: Gerald Laughman and Marta Laughman, by regular mail to their last known address 406 Roxbury Road, Newville, PA 17241. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs Docketing 30.00 Poundage 24.42 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 21.60 Levy 15.00 Surcharge 30.00 Postpone sale 40.00 ' Law Journal 473.00 Patriot News 564.05 Share of bills 15.52 1,245.59 So Answers: R. Thomas Kline, Sheriff BY Real Estate Coordinator ,?. Q-6 a,. TTDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF MARK J.,UDXEN, 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff v. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman NO. 07-6315-CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 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: 406 Roxbury Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS 41 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX '76137 Farmers National Bank MERS, Inc. as Nominee for Wilmington Finance, Inc. 1 West Big Spring Avenue Newville, PA 17241 P.O. Box 2026, Flint, MI 48501 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St.. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 1.7128-1230 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 406 Roxbury Road. (Upper Mifflin Township) Newville, PA 17241 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: September 10, 2008 UDREN LAW OFFICES, P.C. BY t// fl?46& rI 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. 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 pleadingsCudren.com Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I Laughman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6315-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marta Laughman a/k/a Marta I. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road(Upper Mifflin Township) Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, 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 IAW 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 for IXIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a :MORTGAGE FORECLOSURE Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I Laughman Defendant(s) NO. 07-6315-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gerald Laughman a/k/a Gerald E. Laughman 406 Roxbury Road Newville, PA 17241 Your house (real estate) at 406 Roxbury Road(Upper Mifflin Township)Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $145,924.19, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF-THE SHERIFF'S SALE DOES TAKE PLACE. 1. Il the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT PARCEL OF LAND IN TOWNSHIP OF UPPER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 276, PAGE 131, 1D# 44-06-0037-065, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 147, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SUBDIVISION PLAN THEREOF BY CARL D. BERT, R.S., DATED JUNE 15, 1977 AND REVISED MAY 8, 1978, AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE LOCATED AT THE SOUTHWESTERN CORNER OF SAID TRACT IN THE CENTERLINE OF L.R. 21001; THENCE ALONG SAID CENTERLINE, NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST, 304.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 89 DEGREES, 59 MINUTES, 10 SECONDS EAST, 101.78 FEET TO AN IRON PIN; THENCE SOUTH 64 DEGREES, 38 MINUTES, 29 SECONDS EAST, 272.38 FEET TO AN IRON PIN; THENCE SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN; THENCE ALONG THE LINE OF LOT NO. 1 OF THE AFOREMENTIONED SUBDIVISION PLAN, SOUTH 32 DEGREES, 10 MINUTES, 28 SECONDS WEST, 265.09 FEET TO AN IRON PIN; THENCE NORTH 40 DEGREES, 00 MINUTES, 50 SECONDS WEST, 100.00 FEET TO AN IRON PIN; THENCE NORTH 82 DEGREES, 00 MINUTES, 50 SECONDS WEST 219.03 FEET TO AN IRON PIN IN THE CENTERLINE OF L.R. 21001, THE PLACE OF BEGINNING. CONTAINING 109,824 SQUARE FEET WITH DWELLING HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO. 7 ON THE SUBDIVISION PLAN. DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 276, PAGE 131 DATED 07/31/2006 AND RECORDED 08/04/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 406 ROXBURY ROAD (UPPER MIFFLIN TWP) NEWVILLE, PA 17241 PROPERTY ID NO.: 44-06-0037-065 TITLE TO SAID PREMISES IS VESTED IN GERALD LAUGHMAN AND MARTA LAUGHMAN, HIS WIFE BY DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HIS WIFE DATED 7/31/06 RECORDED 8/4/06 IN DEED BOOK 276 PAGE 131. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6315 Civil COUNTY OF CUMBERLAND) 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 for IXIS 2006-HE2 BY: SAXON MTG. SERVICES, INC f/k/a MERITECH MTG, SERVICES, INC, Plaintiff (s) From GERALD LAUGHMAN a/k/a GERALD E. LAUGHMAN and MARTA LAUGHMAN a/k/a MARTA L LAUGHMAN (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 $145,924.19 L.L. Interest from 12/12/07 to Date of Sale 3/04/09 Ongoing Per Diem of $30.95 to actual date of sale including if sale is held at a later date --- $13,896.55 Atty's Comm % Atty Paid $1,299.46 Plaintiff Paid Date: 9/15/08 Due Prothy $2.00 Other Costs 4 - rothonotar j (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RAOD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale # 15 On October 31, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA Known and numbered as 406 Roxbury Rd., Newville more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2008 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 30, February 6, and February 13, 2009 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. _ f> Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 3 day of February 13 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Publ;c CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26, 2010 REAL ESTATE SALE NO. 15 Wru tio. 200/.. Deutsche Bank Trust Co. Anaericas f/k/a Banker's Trust Co , as Trustee and Custodian for IRIS 2006-HE2 by: Saxon Mtg. Services, Inc, f/k/a Meriteeh Mtg. Services, Inc. as its attorney-in-fact Gerald Laughman ant; Marta Laughman Attv_ .: Mark Udren ALL that parcel of land in Town ship of Upper Mifflin, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 276, Page 131, ID*f 44-06-0037-065, being known and designates as all that certain tract of land with the improvements thereon erected situ- ate in Upper Mifflin Township, Cum- berland County, Pennsylvania, as recorded in the Office, of the Recorder of Deeds for Cumberland County in Plan Book 32. Page 147, bounded and described in accordance with a Subdivision Plan thereof by Carl D. Bert, R.S., dated June 15, 1977 and revised May 8, 1978. as follows. BEGINNING at a railroad spike located at the southwestern corner of said tract in the centerline of L.R. 21001; Thence along said center- line, North 00 degrees, 00 minutes, 50 seconds West, 304.20 feet to a railroad spike; Thence North 89 de grees, 59 minutes, 10 seconds East, 101.78 feet to an iron pin; Thence South 64 degrees, 38 minutes. 29 seconds East, 272.38 feet to an iron pin; Thence South 46 degrees, 42 minutes, 12 seconds East, 102,38 feet to an iron pin: Thence along,, the line of Lot No. 1 of the aforementioned Subdivision Plan„ South 32 degrees. 10 minutes, 28 seconds West, 265.09 feet to an iron pin; Thence North 40 degrees, 00 minutes, 50 seconds Wes*, 100.00 fe.er an. rcn 'pin., Thence North 82 degrees, 00 rain utes, 50 seconds West 219.03 feet to an iron pin in the centerline of i,.P_ 21001, the place of BEGINNING CONTAINING 109,824 scquare feel with dwelling house ?md frame build ings thereon and being designated as Lot No. 7 on the Subdivision Plan DEED from Michael D fainter and Kelly Paintei . husband and wife as set forth in Deed Book 276, Page 131 dated 0 7 ' <t 1 i'2000 anti recorded 08/04' /2006, Cumberland County Records. Commonwealth of Pennsylvania. BEING KNOWN A5: 406 kUX BURY ROAD (UPPER MIFFLIN TWP), NEWVILLE, PA 1724 PROPERTY ID NO.: 44-06-0037 065. "TITLE TU SA1D PREMISES IS VESTED IN Gerald Laughman and Marta Laughman, his wife by deed from Michael D. Painter and Kelly Painter, his wife dated 7!31 /06 recorded 8/4/06 in Deed Book 270 Page 131 r-? ThP Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: WnWE SALE NO. 15 01 /21 /09 Wait N& 2W- *M C&A Tenn Deowift Co. 01/28/09 Ads iptwr k Eatnlar's 7hw CO'' as Trusin 02/04/09 me- And Cron 1* 5ij HE2 W 8"9n_ services, ?.. Inc. We Meek" A!g. 9WvIces plc. as its ....... ..... ........ . i - Vill Geraw Lau~ afro Sworn to and cribed before me this 25 dayof,February, 2009 A.D. Kills% AMornsy-dark Udren LEGAL DeOCRUMON Notary Public ALL THAT PARCEL OF LAND IN TOWNSLIIP OF UPPER MIFFLIN, CUMBERLAND COUNTY STATE OF COMMONWEALTH OF PENNSYLVANIA PIIVNSWANIA, -AS FULLY Not rid; 3? ? DESCRIBED IN DEED-BMK 276, PAGE 131, W# 44-66-a03Y4&6 RWG KNOWN Sherrie L. Kisner, Notary Public AND DESIGNATED AS ALL THAT CERTAIN CRy Of Harrisburg, Dauphin County TRACT OF LAND WITH THE W C.anxnpeior? Expires Nov. A 2011 TEMM M cm Member, Pennsylvania Association of Notw%s s1TUAT IN, UPPER MIFFLIN Tc?vrl w, CUMBERLAND' COUNTY, PENNSYLVANIA, AS RWORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PACE 147, BWWED AND DESCRIBED IN AocaRpANcE wrrH A SUBDIVISION PLANTHEREOF BY CARL D. BERT, R.S.; I3idiRl) LUKE 13, 1937 AND REVIDSED MAY $ 1979,AS FOUA)WS: BEGINNING ` AT A RA MAD SPIKE I ?` ; ;? ' - LOCATED AT THE SOUTHWESTERN CORNER' OF SAID TRACT IN THE CENTERIM OF L.R. 21001; THENCE ALONG SAID. CEN ERLINE; NORTH 00 DEGREES, 00 MINUTES, 50 SECONDS WEST , 304.20 FEET TO A RAILROAD SPIN, THENCE NORTH 89 DEGREES,. 59 MINUTES, 10 SECONDS EAST, 101.78 FEET TO AN IRON PIN; THENCE SOUTH 64 DEGREES, 38 MINUTES, 29 SECONDS EAST 272.38 FEET TO AN IRON PIN; THENCE SOUTH 46 DEGREES, 42 MINUTES, 12 SECONDS EAST, 102.38 FEET TO AN IRON PIN, THENCE ALONG THE LINE OF LOT NO. 1 OF THE AFOREMENTIONED SUBDIVISION PLAN SOUTH 32 DEGREES,. 10 MINUTES, 28 SECONDS WEST, 265.09 FEET TO AN IRON PIN; THENCE NORTH 40 DEGREES, 00 MINUTES, 50 SECONDS WEST, 100.00 FEET TO AN IRON PIN; THENCE NORTH 82 DEGREES, 00 M 4UTES, 50. SECONDS WEST 219.03 FEET TO AN IRON PIN IN THE CENTERLINE OF L.R. 21001, THE PLACE OF BEGINNING. CONTAINING 109,82A SQUARE FEET WITH DWELLING HOUSE AND FRAME BUILDINGS THEREON AND BEING DESIGNATED AS LOT NO. 7 ON THE SUBDIVISION PLAN. DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 276, PAGE 131 DATED 07/31/2006 AND RECORDED 08/04/ 2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OFPENNSYLVANIA BEING KNOWN AS : 406 ROXBURY ROAD (UPPER MIFFLIN TWP) NEWVILLE, PA 17241 PROPERTY ID NO.:44-06-M7-M TITLE TO SAID PREMISES IS VESTED IN GERALD LAUGHMAN AND MARTA LAUGHMAN, HIS-WIFE.BY DEED FROM MICHAEL D. PAINTER AND KELLY PAINTER, HIS WIFE DATED 7/31/06 RECORDED 814/06 IN DEED BOOK 276 PAGE 131. ad Cwlkft, PA UDREN LAW OFFICES, P.C. ATTORNEY 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.c Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for IRIS 2006-HE2 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. FOR PLAINTIFF C3 OM {"r COURT OF COMMON PLEAS M , =CIVIL DIVISION; :Cumberland County :NO. 07-6315-CIVIL TERM i as its attorney-in-fact Plaintiff V. Gerald Laughman a/k/a Gerald E. Laughman Marta Laughman a/k/a Marta I. Laughman Defendant rg c? c? Na v O w 0 7c PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE. DATED: September 22, 2009 UDREN LAW ??OFFICES, P.C. BY: Attornfays for` intiff MARK J. UDREN, SQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM KAYES, ESQUIRE MARGUERITE THOMAS, ESQUIRE LEI) 2009 OCT 12 A 10: 12 G r`, of ?? .23i7gS