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Home My WebLink About07-6874 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Company ;COURT OF COMMON PLEAS Americas f/k/a Banker's Trust ;CIVIL DIVISION Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. ECumberland County f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder € NO. ? O 455 Hunters Road , III u 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 btros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I I 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 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 appearinq on said Mortaaae. 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: 455 Hunters Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Mifflin Township COUNTY: Cumberland DATE EXECUTED: 11/30/06 DATE RECORDED: 12/11/06 BOOK: 1975 PAGE: 3660 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. ? R 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 11/3/07: Principal of debt due $103,076.29 Unpaid Interest at 8.0% from 6/1/07 to 11/3/07 (the per diem interest accruing on this debt is $22.59 and that sum should be added each day after 11/3/07) 3,481.08 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $191.83 and that sum should be added on the first of each month after 11/3/07) (166.93) Late Charges (monthlyy late charge of $37.97 should be added in accordance with the terms of the note each month after 11/3/07) 151.88 Fees 215.50 Attorneys Fees (anticipated and actual to 5% of principal) 5,153.81 TOTAL $112,516.63 * 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 A 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 $112,516.63 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 Exhibit A (Leval Description) ALL THAT PARCEL OF LAND IN TOWNSHIP OF LOWER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 277, PAGE 4681, ID# 15-05-0415-003, BEING BOUND AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE CENTER OF TOWNSHIP ROAD 414, SAID POINT BEING 349 FEET NORTHWEST OF THE PROPERTY LINE OF JOHN CHESTNUT AND ALFRED GAISLET; THENCE NORTH 43 DEGREES 07 MINUTES WEST A DISTANCE OF 129.45 FEET ALONG THE CENTER OF SAID TOWNSHIP ROAD 414 TO A PIN IN THE CENTER OF SAID ROAD; THENCE NORTH 52 DEGREES 5 MINUTES WEST A DISTANCE OF 80.22 FEET STILL ALONG THE CENTER OF SAID TOWNSHIP ROAD 474 TO A PIN IN THE CENTER OF SAID TOWNSHIP ROD AND CORNER OF OTHER LANDS OF THE GRANTOR HEREIN, THENCE NORTH 49 DEGREES 00 MINUTES EAST A DISTANCE OF 229.20 FEET ALONG LANDS OF THE GRANTOR HERE TO A STAKE AND CORNER OF OTHER LANDS OF THE GRANTOR HEREIN; THENCE SOUTH 41 DEGREES 00 MINUTES EAST A DISTANCE OF 208.00 FEET STILL ALONG OTHER LANDS OF THE GRANTOR HEREIN; THENCE SOUTH 49 DEGREES 00 MINUTES WEST A DISTANCE OF 208.00 FEET STILL ALONG OTHER LANDS OF THEGRANTORS HEREIN TO A PIN IN THE CENTER OF THE AFORESAID TOWNSHIP ROAD 414 AND THE PLACE OF BEGINNING. COMMONLY KNOWN AS 455 HUNTERS ROAD, NEWVILLE, PA 17241. DEED FROM JAMES L. ADAMS AND TERESA M. ADAMS, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 277, PAGE 4681 DATED 11130/2006 AND RECORDED 12/11/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. Page 3 .,, ACT 91 NOTICE September 14, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The H[)MFOWNFROS MORTGAGE, A,SSTSTANC'.F. PROGRAM HRAPl may he ahle to help to cave your home. Thic Nati .. explains how the program works. . 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 SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION ORTENGA 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 QHOMEOWNERDS EMERGENCY MOR'T'GAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IHIPOTECA. EXHIPI° Page 1 of 6 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Scott W. Finkenbinder >:Ste.Rhapie Finkenbinder 455 Hunters Road Ne ff3ft PA 17_,241 200,0238862 Lime Financial ServicesLTD?_.__ _ Deutsche Bauk HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOI1 MAY BF. ELIGIBLE FOR FINANC1,JT. ASSISTANCE WHTCH CAN CAVE VOTTR HOME FROM FOR .C LOC TR . AND HELP YOT1 MAKF FUTURE MORTGAGE. PAVMRNTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), 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. TRMPQRARY STAY OF FORFCLOSIIRF. - 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. TATS MF .TING MTJST OCCUR WITHIN NOTICE C T T Fn OHnW TO Ci 1RF YOUR MORTGAGOR, DEFAI MIG, RXPUATNS HOW TO BRING YCIITR MORTGAGE tTP TO DATE CONSTME CREDIT COTINSEL NG AGRNCIF.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 anti lenhone nnmhe" of designated ammmercredit nnncelin agencies. for the county in whichich he?nrop?y is located are_sd forth at the end of this Notice_ It is only necessary to schedule one face-to-face meeting. Advise your lender immediate]] of your intentions. AM,IC TION FOR MORTGAGE AfifiISTANCR - 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 6 ' 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 WELL BE DENIED. AC.F.NC'Y AM- ON -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE, OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 455 Hunters Road 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: _Monthly Payments of X9511for July 1, 2007 through.-Septem er 1X007 =X2853.84 Monthly Late Charges of $37;97 for. Ju1v_1 2007 thresh August I,, 2007 =$75.94 Other charges (explain/itemize): Other Fee= $75.00 ProXmU Inspection:_..DAQ TOTAL AMOUNT PAST DUE: SM14.28 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (loo not use if not aMlicahle): WA HnW TO C'URF. THE DFFAIMI _ 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 S-Q14-2R PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mnet he made either by .aR mshier's cherk cerfified check or mnne L nrder made paa3mhle and Rent tn: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not ap licahl . l: NA Page 3 of 6 jF VOIT DO NOT CURE THE DEFAiT[,T -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri&,bts to accelerate the mortgggl', debt_ This means that the entire outstanding balance, of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys. to start legal action to foreclose »Mn ronr mortgaged o---?-ty W THF, MORTGAGE IS F0R1F:CL,0SVD UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If ynn cur h d favilt within the THIRTY (3fl). DAY period, yon will not he Muir d to Ilav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RT ART TO CTTRF THE DFFATILT PRIOR TO SHERIFF'S SALF. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yo, still have the right to ire the def ult and ntc=j the sale at anytime tMto one hoar for the Sheriff c We You may do sa by paying the to al amount then pa, due, plus any late or other charges then due, r asonshle attorney's fees and vests connected with the forarinsure, _ alP and any other tn^ s ennnectPd 1=nth the sheriff s fiale as ?ii'i in ui i g by the er and by Derforming_ any other mAW meets under the mor aa?e, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.ART.TF,ST POSSIBLE SHERIFF'S SALE DATF -.It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately f months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fund out at any time exactly what the required payment or action will be by contacting the lender. HOW TO C'ONTAC'T THE LVr-MFR: Name of Lender/Servicer: Saxon IVlortga$e w_____. Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: ?88&325-3502 Fax Number: 8_71665-7613 __. ___ Contact Person: `Loss Mitigation _tossmit a _saz?smsi.com ?.., EFFECT OF SHFRIFF'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 fumishings and other belongings could be started by the lender at any time. ASSjIMPTTON OF MORTGAGE - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 6 2 ? 4 W NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debts„ 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) 664-5400 Page 5 of 6 ! , 4 t • 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 INSTYfUTED 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) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 i t, a a o a b-A cc W h- G:C74ch ti?S.1 - CG ILU ?- iu cn 0 0 z Y _ ?J f L ? { s r ) I y a a Certified Mail Provides: ¦ A mailing receipt„ • A unique identifier for your mailpiace . • A record of delivery kept by the Postal Service for two years fntportant Rewilnder's: • Certified Mail may ONLY be combined with First-C{ass Mabry or Priority Maiiq • Certified Mail Is notavailable for and class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Map. • For an additional fee, a Return Receipt may be requested to provide proof 01 delivery. To obtain Return Receipt service please complete and attach a Return Receipt (PS Form 38111 to the article and add applicable postage to cover tht fee. Endorse maiipiece Retu Recefnt Requested`. To receive a fee walver to aedduupliccate return receipt, a UP8® postmark on your Certified Mail receipt k ¦ For ltan additional tee, delivery m I be restricted to the addressee a addressee's authorized aggent. Advissne pork or mark the maitpiece with ttN endorsement 'Restrictedlleiivery. • If a pbstrhadc do the Certified Map re'Mt. (s desi`red, ptease present the arti cleat the post otncce for pcetmetidng. If a. pct{tmark to the Certified Ma receipt is not needed,. detach,and a(t6c lapel.I= postage and mail. IMPORTANT: S9ve this receipt,snd present It when,mpking an inquiry. PS Form 3800, August 2008 (Aeverae) PSN 7b30-02-060-W47' ci a lT' >a ? t=3 171- a: N C13 _ f? D C! C3 8 C3 • ' C3 a C7 Q r fh 41. D. f. , , 1 ys ) T t J'. Ir -J Q ?.?.. k-' Q A 0 k-j C3 rII x Ul d g7WQ Q yQW? rr. uj R 2i W - _ET U 0 0 z 7 a r?~ J Y - V r 1 c r R J , ' . A f i? O ' ri[ Q a Certified Mat! Provides: • A mailing receipt tr A unique Identifier for your maiipfece • A record of delivery kept by the Postal Service for two years tmportard Ran#nders: e Certified Mail may ONLY be combined with First-Class Made or Priority Maur s Certified Mail is not available for any, d2iss of intemational Ruin. a NO INSURANCE COVERAGE 1S PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. a For an additional fee, a Refund Raceiptma be requested to provide proof of and aft Receipry. t (pS Form 33811) to theme artkannd apleam dd appliccableel postage of cov ve re tthe fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery ma J>$"restricted to the addressee of addressee's authorized agent. Advisee clerk or mark the mallpiece with the endorsement Aa *ictedDeliv®ry". N If a postmark ort the "Certified Mail repeipt l8 desired; present the arfi- cie at the post offHice, for ppqq?tmdfd-?g if a p WmL qn the Cerfified Marl receipt is not needed, detac "d ?T label iyjttd postage and ma(i. IMPOttnui save this recetpt;alid preseat.itit A ip making an Inquiry. PS Fan WW. AugusE iD4- Reverse) P417¢80-02.901-964 _a I ? I 3. m Q f I 1 1 t 1 ?. - d CO n E 0 u_ a . , 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. Ll----? Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. OD ? c d C7 ^a C Ri C UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. ::COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact :NO. 07-6874-CIVIL TERM Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder 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 18, 2007 , P.C. UDR A LAW? ?/F?FI EShAlb BY : / I j //l 1 /U/?l . Attorrrieys for-Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE I 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 verif ies 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: ? I -;Q o- Scott W. Finkenbinder Stephanie Finkenbinder Loan #2000238862 MJU #07090036 Name : CY-, t?Q ; ?. Title: Company: Saxon rtgage Services, o Inc. as servicer on behalf of Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact N_ C Q A rT d.... ...i. M ?Y i- ?? awr? ?/d ?" C N -UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian .Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. Scott W. Finkenbinder :NO. 07-6874-CIVIL TERM Stephanie Finkenbinder 455 Hunters Rd, Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Scott W. Finkenbinder and Stephanie Finkenbinder 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 $112,516.63 Interest Per Complaint 1,016.55 From 11/4/07 to 12/18/07 Late charges per Complaint 75.94 From 11/4/07 to 12/18/07 Escrow payment per Complaint 191.83 From 11/4/07 to 12/18/07 TOTAL $113,800.95 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDR ?fL?AWj/ OnFFJ C S , P . C. BY : /?1// dl(?If?1! / ??? . Attorneys-for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : la_h g 1Q? s ?. O PROTHY UDREN LAW OFFICES, P.C. NAM J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN N. NINATO, ESQUIRE - ID #75860 CHANDRA N. AUXUA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadingsludren.com Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder Defendant (s) TO: Scott W. Finkenbinder 455 Hunters Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6874. Civil Term DATE of Notice: December 7, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS'TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2, Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION•INPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIF'ICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAN FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OB AINS WIL34 BE USED FOR THAT PURPOSE. a re squ}re 'StuartWinneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road,.Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. WREN, ESQUIRE - ID #04302 STUART WINNZG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN K. MINATO, ESQUIRE -.ID #75860 CHANDRA K. RKZK , ESQUIRE - ID #203437 WOODCRNST CORPORATE CENTER 111 WOODCRNST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Deutsche Bank Trust Company Americas f/k/a Banker's Trust Company, as Trustee and Custodian by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc.,as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder Defendant(s) TO: Stephanie Finkenbinder 455 Hunters Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County 'NO. 07-6874 Civil Term DATE of Notice: December 7, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT,A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE. A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9168 AWIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO.. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA"EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA'ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-2493166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WI BB USED FOR THAT PURPOSE. a ren, squire Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200. Cherry Hill, New Jersey 08003-3620 i2_1 r7 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 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. Scott W. Finkenbinder Stephanie Finkenbinder 455 Hunters Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-6874 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF SS COUNTY OFi THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained 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: Scott W. Finkenbinder Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Stephanie Finkenbinder Age: Over 18 Residence: As captioned above Employment: Unknown Ti e : Rick WilAo-lortgage knSworn to and subscribed Company: SaServices, Inc. as servicer on behalf of Deutsche Bank Trust Company Americas f/k/a Banker's Trust before M is Da-day of 20: No tar' u is Company, as Trustee and Custodian by. Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its attorney-in-fact Matthew Allan Banaszewski NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2011 V.rbal Confirmation of Service of Complaint Date: ? ? C m Spoke with: Defendant's): at: U served on air Defendant(s)-.& = . ?served on at: i Defendant(s): was served on at: Are there any additional fees due? !t so how much?_$ Yes. Nfl 1 " ? ' (ORD 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. ARKLMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY DILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. =COURT OF COMMON PLEAS Americas f/k/a Banker's Trust `-CIVIL DIVISION Co., as Trustee and Custodian =Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, -.MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder ?NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) To: Scott W. Finkenbinder 455 Hunters 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. X Judgment Money Ju Judgment Judgment Judgment Prothonotary by Default 3gment in Replevin for Possession on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren Esquire At this telephone number: 856-669-5400 4?07 lslatt4u f2tc UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Bankers Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, 'MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder €NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $113,800.95 Interest From 12/19/07 3,975.84 to Date of Sale 6/11/08 Ongoing Per Diem of 22.59 to actual date of sale including if sale is held at a later date (Costs to be added) -* IevH upon 0A salt 't? a -PMA t a ? described Properl4i NetOVitte, PA 1-1&%41 UDR O ICES, P. C. BY , Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE t rht) Fa ? C'3 z e? 03 ho R 44, o a # ? o O 0 O S 8 < C„ cn *UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust "CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder :NO. 07-6874-CIVIL TERM Stephanie Finkenbinder 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 B. Not resident in C. If more than one not applicable, the Commonwealth Resident: Commonwealth of Pennsylvania the Commonwealth of Pennsylvania Defendant and either A or B above is state which Defendant is resident of of Pennsylvania. UDR JM?W OFFICES P. C. BY . N(Pi/t?lf? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ? --- ^^^y n'l ?? ??? yyy n J G UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder :NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDRKV SAW 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 -on -c? t7' ri r-M ? r ..- 5 T) A rl) 6?- L UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. €COURT OF COMMON PLEAS Americas f/k/a Banker's Trust 'CIVIL DIVISION Co., as Trustee and Custodian ::Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder €NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon 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: 455 Hunters Road, (Lower Mifflin Township) Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Scott W. Finkenbinder Stephanie Finkenbinder 455 Hunters Road Newville, PA 17241 455 Hunters 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 s 4. Name and address of of record: Name C the last recorded holder of every mortgage Address Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 455 Hunters Road (Lower 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: December 18, 2007 UDRE W F?JF?ICES, P. C. 1 J /IUI h BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE I- 1 :2 6 Y ? o ? ?i.. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust 'CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, =MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder :NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott W. Finkenbinder 455 Hunters Road Newville, PA 17241 Your house (real estate) at 455 Hunters Road, (Lower 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 $113,800.95, 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.) OF ' -% 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 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 va 4 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust 'CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder :NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Stephanie Finkenbinder 455 Hunters Road Newville, PA 17241 Your house (real estate) at 455 Hunters Road, (Lower 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 $113,800.95, 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.) 41 .11., . 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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 .. , _! . UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact NO Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder Defendant(s) 07-6874-CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Scott W. Finkenbinder Stephanie Finkenbinder PROPERTY: 455 Hunters Road (Lower Mifflin Township) Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County 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 07-6874 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST CO., AMERICAS f/k/a BANKER'S TRUST CO., as Trustee and Custodian by: SAXON MTG. SERVICES, INC. f/k/a MERITECH MTG. SERVICES, INC., as its attorney-in-fact, Plaintiff (s) From SCOTT W. FINKENBINDER & STEPHANIE FINKENBINDER (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 $113,800.95 L.L.$ 0.50 Interest from 12/19/07 to Date of Sale 6/11/08 Ongoing Per Diem of $22.59 to actual date of sale including if sale is held at a later date -- $3,975.84 Atty's Comm % Atty Paid $173.56 Plaintiff Paid Date: 12/19/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs 5 P. clo? P rotho tary By: Deputy Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, STE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06874 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS FINKENBINDER SCOTT W 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 FINKENBINDER SCOTT W the DEFENDANT at 2000:00 HOURS, on the 16th day of November , 2007 at 455 HUNTERS ROAD NEWVILLE, PA 17241 SCOTT FINKENBINDER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l, %0 Sworn and Subscibed to before me this of 18.00 10.56 .00 10.00 So Answers: R. Thomas Kline 11/20/2007 TMRFN T.AW OFFTCFS By: day A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06874 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS FINKENBINDER SCOTT W 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 FINKENBINDER STEPHANIE the DEFENDANT , at 2000:00 HOURS, on the 16th day of November , 2007 at 455 HUNTERS ROAD NEWVILLE, PA 17241 by handing to SCOTT FINKENBINDER, 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 Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/20/2007 UDREN LAW OFFICES By: A. D. 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 by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6874-CIVIL TERM 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 UDRE W OFFICES P. C. BY: Att for Plaintiff MARK J. UDR , ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1- 0- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust =CIVIL DIVISION Co., as Trustee and Custodian ":Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder ::NO. 07-6874-CIVIL TERM Stephanie Finkenbinder 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 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: 455 Hunters Road, (Lower Mifflin Township) Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Scott W. Finkenbinder 455 Hunters Road Newville, PA 17241 Stephanie Finkenbinder 455 Hunters 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 Darius & Associates c/o John H. Broujos, Esquire 2 East Main Street, Suite One Newville, PA 17241 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 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 455 Hunters Road (Lower 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 OFFICE', P.C. I eys for Plaintiff WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE BY A torn K JUDREN, SQUIRE S ART 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 by: Saxon Mtg. Services, Inc. € f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6874-CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Scott W. Finkenbinder and Stephanie Finkenbinder PROPERTY: 455 Hunters Road, (Lower 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 U- U m m m_ t w a ~ m c s Y m o m o o D i N E , p aow m' E O N ? ? E O p _ m m E ,Op N N ° V 9en 'vmmm _ C n O C m m N J d - (nlL Em m U E m a'i •a to Q ES CO N 0 .O 8m N 0 o CD fn LL Alp , f 2 t p N` p 'p H '? m m (D w , ` N m W yot o N ?7w w C O +?. ? d O y? 111 Z E? m«= D p C y C p m n m _ y C6 ' - N'Cpy O ? LL fl J = m m r C n Nc?? o 0 > ?E a C10 U CO N us P m U E p m N?o ins O ' D cL ?'O N um (D t s N C y m U Q Ow i caE?S x o _ m E m c t m o N > > m ES-22--!u ~ ' C C C6 .. or, m a a« « O 7 y C c m U m O p 3 0 0 E d N N_ C CO N 4) m 0 N l0 OC4 O o 2 O a n -d cc Qom- ° m E v m m$?- n a) d o @ C5 L L O N m 3 rN m C O ? In N Ux?? c`m c m'? Emc' 2U . p ? m C C6 U -D U O E D O U1 _ U U ' d ?- U N . LLU iE? 0 O O O N U N G O d M O N m d O <L d v W N ???? O O O) m N W y O a ? Z N c m 5 N O c O U U U U ?? 1:1 El d w Q p m 0 ? X O 0 ZQ a?2 O N - Q N m Z o ~EL O? m a N L Li a w a i n LLI _ ° w m Z O a w u Z J ado a -? -j r 0 ?J?V} E wU 0O m U ) Q. LLI o m U O' E ' x w w In 'a z aa0Z ° ?? za wix ?a ?d O?J U m =) D _O LLJ 0 2 Q U'K ?: = m 0W 5D 0. z CL LU d -j = N m zN -j w () OC? UILL o 0 a o z 5O ? ? aN LL ?? ?? w w M a ~ GO Q ° m? w W 0 Z> f O? E 2? RO 2w O 2 Q Z? 0 ) oa T T T m Z UU F- aco O Ua F w -? F -X N N m O N d N ` ma 9 E m c 7 QZ p p a (n c c_ m -? T N M ' t 1C) w f- w m e - O F N - J EXHIBIT A r-? .-i 0 H M m Y .r•1 $4 C~ A Q1 J-) r-1 a O U N A a w° a° rn rn ro 44 r r- m en E S4 O 44 co a c co W E U co CO O O rn O 4t ^L W Y U- N c cu a N a c O C .O C (D Y C U- 3: y-+ O U U) N 16 m E 2 N (n LL N Cli f0 - ` ? N m U LL -D 0 N N O = ce w cc o LL N LO U) CL m E 'a O O O U N Ew(p ° Do co c Y 'w o N V O C U) U Ex ra mw J Q 0 m a N N O U N f0 y C C U U W p C J f`6 N d = C j d N _ N l6 Of f0 _ C N ? d O f0 O UQ Rea- a 7 Q O w O) Y.N..J N m pt =U a U -2 O E O N 0 O O Rf N U N C 4J 7 W V C W CA N N m a° m NO a? UU ? m ???? y uj v Lu Q CV O N O E,G Q Z co W O W w w a N ?? a ~ y ° 2- q :g W LL a y OOS = i W C) IX IX 3: U) a o = LL - ) W Z L) -' uj 0 J az - j C6 d ? u ° Q 0 0 It 0 ZVO? ° aD Q'9 WO?w c o6 (n O W T Z D T U z :3 0 N ow A a C V d E d C to Q 7 Z Y C m C L L m` Eacn i? j c a m Ea o UT r K K Go O 0 Q a 4) 1 Z Q C N M ..J T N C'7 d' Ln CO ? 00 Q) O r T ?-- T EXHIBIT A a^? °O m anN- no?om? 20 c0?E y!1'yt v c $ E d m!° C _ U C U E m ?p ° L _E ° X C y C m a m l m - C E o n m ? m L ° W O N r?cn(O y ° N = O c °.r" Ec m m ° O > ?3 acT£Ua d u E c m y W O C y y ? O ? _ _ J L J E H E ? c d N .X d O = C o m N y C t U V N y` > m O U « ? ? p O G E y C pO N N O C ° - E ?i o o m u a E 0 J U tN _ C c o° y E c 41 va?i n01-O d m ?r d - Q,2 5-2G a- C L a OO m.N N N C 4 m c4 o E?w A ?ZC m m y > 0 E S- co o m N 0 Y ' 0) m oa ECo C N U J d m O m m? C? L v °' m E 01 FLT- ° C?.? L d Q. N ? W N Q. c E O v V ? d w .Q 0 m m E 3 O LL U) 4) U m a O f6 U ?w cu U) .0 U LL d 'a r; `o (D a ? y M E? E c a LL E (D - J n r,.,, ^J ,F7 73 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which DEUTSCHE BANK TR CO AMERICAS TR AIF is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 19TH day of DEC, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 6874, at the suit of DEUTSCHE BANK TR CO AMERICAS TR AIF against SCOTT W FINKENBINDER & STEPHANIE is duly recorded as Instrument Number 200820752. IN TESTIMONY WHEREOF, I have hereunto set my hand and of said office this day of A.D. 1-9 - _ 12 of Deeds Rscordpr w ;?, uawerlend 00ft Garde, PA MY i:xp =the First Mondry o1Jrl =Q Deutsche Bank Trust Co., Americas f/k/a In the Court of Common Pleas of Banker's Trust Co, as Trustee and Cumberland County, Pennsylvania Custodian by: Saxon Mtg. Services, Inc., Wh Writ No. 2007-6874 Civil Term Meritech Mtg. Services, Inc., as its Attorney-in-fact Vs Scott W. Finkenbinder & Stephanie Finkenbinder Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 06, 2008 at 1855 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: Scott W. Finkenbinder and Stephanie Finkenbinder by making known unto both Scott W. Finkenbinder and Stephanie Finkenbinder personally, at 455 Hunters 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. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1340 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 Scott W. Finkenbinder and Stephanie Finkenbinder located at 455 Hunters 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: Scott W. Finkenbinder and Stephanie Finkenbinder by regular mail to their last known address of 455 Hunters 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 that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Chandra Arkema, on behalf of Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact. It being the highest bid and best price received for the same, Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact of 4708 Mercantile Drive, Fort Worth, TX 76137, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,232.24. Sheriff's Costs: Docketing 30.00 Poundage 24.17 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Law Journal 437.00 Patriot News 503.30 Share of bills 14.73 v f Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder :-NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant (s) FOR PLAINTIFF Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION .Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, :MORTGAGE FORECLOSURE 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. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact, 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: 455 Hunters Road, (Lower Mifflin Township) Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Scott W. Finkenbinder Stephanie Finkenbinder 455 Hunters Road Newville, PA 17241 455 Hunters 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 . Name and address of of record: Name C the last recorded holder of every mortgage Address Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services Inc. as its attorney-in-fact 4708 Mercantile Drive Fort Worth, TX 76137 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 455 Hunters Road (Lower 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: December 18, 2007 UDREA Z*W.DFFICES, P. C. BY: 1 w 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 pleadingo@udren.com Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f/k/a Meritech Mtg. Services, Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder Stephanie Finkenbinder Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION. Cumberland County MORTGAGE FORECLOSURE NO. 07-6874-CIVIL TERM NOTICE OF SHERIFF'°S SALE OF REAL PROPERTY To: Scott W. Finkenbinder 455 Hunters Road Newville, PA 17241 Your house (real estate) at 455 Hunters Road, (Lower 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 $113,800.95, 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. ..withln'ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA..,17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.com Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust 'CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County by: Saxon Mtg., Services, Inc. f/k/a Meritech Mtg. Services, ;MORTGAGE FORECLOSURE Inc. as its attorney-in-fact Plaintiff V. Scott W. Finkenbinder NO. 07-6874-CIVIL TERM Stephanie Finkenbinder Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Stephanie Finkenbinder 455 Hunters Road Newville, PA 17241 Your house (real-estate) at 455 Hunters Road, (Lower 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 $113,800.95, 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 RIGBTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer..may,bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER-TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENC,IDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT PARCEL OF LAND IN TOWNSHIP OF LOWER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 277, PAGE 4681, ID# 15-05-0415-003, BEING BOUND AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE CENTER OF TOWNSHIP ROAD 414, SAID POINT BEING 349 FEET NORTHWEST OF THE PROPERTY LINE OF JOHN CHESTNUT AND ALFRED GAISLET; THENCE NORTH 43 DEGREES 07 MINUTES WEST .A DISTANCE OF 129.45 FEET ALONG THE CENTER OF SAID TOWNSHIP ROAD 414 TO A PIN IN THE CENTER OF SAID ROAD; THENCE NORTH 52 DEGREES 5 MINUTES WEST A DISTANCE OF 80.22 FEET STILL ALONG THE CENTER OF. SAID TOWNSHIP ROAD 474 TO A PIN IN THE CENTER OF SAID TOWNSHIP ROD AND CORNER OF OTHER LANDS OF THE GRANTOR HEREIN, THENCE NORTH 49 DEGREES 00 MINUTES EAST A DISTANCE OF 229.20 FEET ALONG LANDS OF THE GRANTOR HERE TO A STAKE AND CORNER OF OTHER LANDS OF THE GRANTOR HEREIN; THENCE "SOUTH 41 DEGREES 00 MINUTES EAST A DISTANCE OF 208.00 FEET STILL ALONG OTHER LANDS OF THE GRANTOR HEREIN; THENCE SOUTH 49 DEGREES 00 MINUTES WEST A DISTANCE OF 208.00 FEET STILL ALONG OTHER LANDS OF THEGRANTORS HEREIN TO A PIN IN THE CENTER OF THE AFORESAID TOWNSHIP ROAD 414 AND THE PLACE OF BEGINNING. COMMONLY KNOWN AS 455 HUNTERS ROAD, NEWVILLE, PA 17241 DEED FROM JAMES L. ADAMS AND TERESA M. ADAMS, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 277, PAGE 4681 DATED 11/30/2006 AND RECORDED 12/11/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 455 HUNTERS ROAD (LOWER MIFFLIN TWP) NEWVILLE, PA 17241 PROPERTY ID NO.: 15-05-0415-003 TITLE TO SAID PREMISES IS VESTED IN SCOTT W. FINKENBINDER AND STEPHANIE FINKENBINDER, HUSBAND AND WIFE BY DEED FROM JAMES L. ADAMS AND TERESA M. ADAMS, HUSBAND AND WIFE DATED 11/30/06 RECORDED 12/11/06 IN DEED BOOK 277 PAGE 4681. WRIT OF EXECUTION and/or ATTACHMENT M I COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6874 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST CO., AMERICAS f/k/a BANKER'S TRUST CO., as Trustee and Custodian by: SAXON MTG. SERVICES, INC. f/k/a MERITECH MTG. SERVICES, INC., as its attorney-in-fact, Plaintiff (s) From SCOTT W. FINKENBINDER & STEPHANIE FINKENBINDER (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 $113,800.95 L.L.$ 0.50 Interest from 12/19/07 to Date of Sale 6/11/08 Ongoing Per Diem of $22.59 to actual date of sale including if sale is held at a later date -- $3,975.84 Atty's Comm % Atty Paid $173.56 Plaintiff Paid Date: 12/19/07 (Seal) REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. Due Prothy $2.00 Other Costs 41 i;l k lmt Proth o By: Deputy WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, STE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 62205 Real Estate Sale # 34 On February 25, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 455 Hunters Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 25, 2008 By: Real Est a 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. Marie SWORN TO AND SUBSCRIBED before me this 16 day of Ma,v, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 REAL B8TATE BALE NO. 34 Writ No. 2007-6874 Civil Deutsche Bank Trust Co., Americas f.k.a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f.k.a Meritech Mtg. Services, Inc., as its attorney-in-fact vs. Scott W. Finkenbinder & Stephanie Finkenbinder Atty.: Chandra Arkema ALL that parcel of land in Town- ship of Lower Mifflin, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 277, Page 4681, ID# 15-05-0415-003, being bound and described as fol- lows, to-wit: BEGINNING at a point in the center of Township Road 414, said point being 349 feet northwest of the property line of John Chestnut and Alfred Gaislet; thence North 43 degrees 07 minutes West a distance of 129.45 feet along the center of said Township Road 414 to a pin in the center of said road; thence North 52 degrees 5 minutes West a distance of 80.22 feet still along the center of said Township Road 474 to a pin in the center of said Township Rod and comer of other lands of the grantor herein, thence North 49 degrees 00 minutes East a distance of 229.20 feet along lands of the grantor here to a stake and comer of other lands of the grantor herein; thence South 41 degrees 00 minutes East a dis- tance of 208.00 feet still along other lands of the grantor herein; thence South 49 degrees 00 minutes West a distance of 208.00 feet still along other lands of thegrantors herein to a pin in the center of the aforesaid Township Road 414 and the place of BEGINNING. COMMONLY KNOWN AS 455 HUNTERS ROAD, NEWVILLE, PA 17241. DEED FROM James L. Adams and Teresa M. Adams, husband and wife as set forth in Deed Book 277, Page 4681 dated 11/30/2006 and recorded 12/11/2006, Cumberland County Records, Commonwealth of Pennsylvania. BEING KNOWN AS: 455 HUNT- ERS ROAD (LOWER MIFFLIN TWP), NEWVILLE, PA 17241. PROPERTY ID NO.: 15-05-0415- 003. TITLE TO SAID PREMISES IS VESTED IN Scott W. Finkenbinder and Stephanie Finkenbinder, hus- band and wife by deed from James L. Adams and Teresa M. Adams, husband and wife dated 11/30/06 recorded 12/11/06 in Deed Book 277 Page 4681. The - Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE I CAR PA 17013 the Pahiot 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 o Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of gener I circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The 3atriot-News anf 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 subj ct matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character f publication are true; and That he has ersonal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot- ews Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and bo rd of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Coun of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION I,COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 . . . . . . . . w w.? +rr.ffffff ? f . . . . . . . . . . . Sworn to a* sy6scribed before me this 27 day of May, 2008 A. D. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #34 Writ No. 2007-6874 Civil Term Deutsche Bank Trust Co., Americas f.k.a Banker's Trust Co., as Trustee and Custodian by: Saxon Mtg. Services, Inc. f.k.a Meritech Mtg. Services, Inc., as its attorney-in-fact VS Scott W. Finkenbinder & Stephanie Finkenbinder Attorney: Chandra Arkema DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF LOWER MIFFLIN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 277, PAGE 4681, fl)# 15-05-0415-003, BEING BOUND AND DESCRIBED AS FOLLOWS. TO-WIT: BEGINNING AT A POINT IN THE CENTER OF TOWNSHIP ROAD 414, SAID POINT BEING 349 FEET NORTHWEST OF THE PROPERTY LINE OF JOHN CHESTNUT AND ALFRED GAISLET; THENCE NORTH 43 DEGREES 07 MINUTES WEST A DISTANCE OF 129.45 FEET ALONG THE CENTER OF SAID TOWNSHIP ROAD 414 TO A PIN IN THE CENTER OF SAID ROAD; THENCE NORTH 52 DEGREES 5 MINUTES WEST A DISTANCE OF 80.22 FEET STILL ALONG THE CENTER OF SAID TOWNSHIP ROAD 474 TO A PIN IN THE CENIER OF SAID TOWNSHIP ROD AND CORNER OF OTHER LANDS OF THE GRANTOR HEREIN, THENCE NORTH 49 DEGREES 00 MINUTES EAST A DISTANCE OF 229.20 FEET ALONG LANDS OF THE GRANTOR HERE TO A STAKE AND CORNER OF OTHER LANDS OF THE GRANTOR HEREIN; THENCE SOUTH 41 DEGREES 00 MINUTES EAST A DISTANCE OF 208.00 FEET STILL ALONG OTHER LANDS OF THE GRANTOR HEREIN; THENCE SOUTH 44 DEGREES 00 MINUTES WEST A DISTANCE OF 208.00 FEET STILL ALONG OTHER LANDS OF THEGRANTORS 1; SREIN TO A PIN IN THE CENTER OF THE AFORESAID TOWNSHIP ROAD 414 AND THE PLACE OF BEGINNING. OMMONLY KNOWN AS 455 HUNTERS ROAD, NEWVILLE, PA 17241 DEED FROM JAMES L. ADAMS AND Ti.RESA M. ADAMS, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 277, PAGE 4681 DATED 11/3012006 AND RECORDED 1211112006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 455 HUNTERS ROAD (LOWER MIFFLIN TWP) NEWVILLE, PA 17241 PROPERTY ID NO.: 15-05-0415-003 TITLE TO SAID PREMISES IS VESTED IN SCOTT W. FINKENBINDER AND STEPHANIE FINKENBINDER, HUSBAND AND WIFE BY DEED FROM JAMES L. ADAMS AND TERESA M. ADAMS, HUSBAND AND WIFE DATED 11/30/06 RECORDED 12/11/06 IN DEED BOOK 277 PAGE 4681.