Loading...
HomeMy WebLinkAbout08-0395 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 Company COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage :Cumberland County Services, Inc. as its attorney- in-fact 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. Patrick Kelly Lauren M. Kelly NO. ?$' 3q Jr 1Vi( ?extM 1 West Dulles Avenue Camp Hill, PA 17011 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1 West Dulles Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Township of East Pennsboro COUNTY: Cumberland DATE EXECUTED: 7/26/06 DATE RECORDED: 8/1/06 BOOK: 1960 PAGE: 2318 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/3/08: Principal of debt due $111,165.57 Unpaid Interest at 8.25% from 2/1/07 to 1/3/08 (the per diem interest accruing on this debt is $25.13 and that sum should be added each day after 1/3/08) 8,457.11 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0 d h an t at sum should be added on the first of each month after 1/3/08 1,659.59 Late Charges (monthly late charge of $41.92 should be added in accordance with the terms of the note each month after 1/3/08 419.20 Other Fees 1,405.50 Suspense Balance (61.58) Attorneys Fees (anticipated and actual to 59, of princi al) P 5,558.28 TOTAL $129,208,67 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $129,208.67 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN?LAAjW OFFICE/S,, P.. C. BY: Attorneys fo'r Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE Exhibit A a&gal Description) ALL THAT PARCEL OF LAND IN TOWNSHIP OF EAST PENNSBORO, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED INDEED BOOK 275, PAGE 4661, ID# 09-17-1042-038, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING, AND BEING IN THE TOWNSHIP OF EAST PENNSBORO IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY CORNER OF MATTHEW ROAD AND DULLES DRIVE WEST; THENCE ALONG THE NORTHERLY.LINE OF DULLES DRIVE WEST, SOUTH 60 DEGREES; 00 MINUTES, WEST 89.21 FEET TO A POINT DIVIDING LINE BETWEEN LOT NOS. 12 AND 13, BLOCK "F" ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE, NORTH 30 DEGREES, 00 MINUTES WEST 120 FEET TO A POINT AT SOUTHERLY LINE OF PROPERTY NOW OR FORMERLY OF GORDON FRY ESTATE; THENCE ALONG SAME NORTH 60 DEGREES, 00 MINUTES EAST 89.21 FEET TO A POINT ON THE WESTERLY LINE OF MATTHEW ROAD AFORESAID: THENCE ALONG SAME, SOUTH 30 DEGREES, 00 MINUTES EAST, 120 FEET TO A POINT THE PLACE OF BEGINNING. BEING LOT NO. 13, BLOCK "F" IN PLAN NO. I OF RIDLEY PARK, WHICH PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 11, PAGE 26. DEED FROM JOSEPH W. FECHTER, SINGLE AS SET FORTH IN DEED BOOK 275, PAGE 4661. DATED 07/26/2006 AND RECORDED 08/01/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. Page 4 May 15, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HnMIROWNF.RDC MORTf A(`F ASSTSTANC'F PRO-GRAM 'm MAP) may ship to help to save your home This Notiee explains how the lirngram 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 SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO DHOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 'EXH113I7' A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Patrick Kelly Lauren 1 West Dulles Avenue Cam Hill, PA 17011 _ Equffjust Corporation Deutsche Bank National Trust Company HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE FT IGTBT F FOR FINANCTAT ASSTSTANTCE W ICH_CAN SAVE V IJR HOME FROM FORFCT OSTTRF AND HF.T,P VOTT MAKE FTTTTJRF MORTGAC.F PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF. YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORFCT ncTmE -_ 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. 'PHIS MEETING MUST OC CER -WITHIN THF. NEXT (30) DAYS- TF VOTT DO NOT APPT Y FOR FMFRCITNCY MORTGAGE ASSISTANCE VOTI MIDST RRTi`;Ci YnITR T?AnRT(7AC;F TTP TO DATE TNF PART ()F TxiTc NOTTCF, rAT.T FD 014O W TO C`TTRF YOUR MQRTrACTF DFFATTT TD FXPT ATN4 HC)W T(l RR TNG YOT TR MOR TOA QF T TP T D A TF CONSTIME,R CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, a?rl,-Sec tPler,h?nP n of designated consumer credit .nun Pliny agencies for the county in which th pnnnnerry is io atPn are get forty at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immedia 4 of your intentions. APPLICATTON FOR MORTGAGE A SS19T A A rF. _ 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 1! UST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGF,NC'V ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR M RTGAGF DEFAULT (Bring it ull to?aatp)NATITRF OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1 West Dulles Avenue Camp Hill, PA 17011 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 Paments_o0$3$.42 for Febr 1,20D7 tlirough_Mav 2007 --X3353,68 _ Months Late Charges of419Z for February 1.2007 through Aorit_I, 2007 = 125.7, 6 Other charges (explain/itemize): Other=$75.00 ? ?-- - NSF Fee-$20.00___ _ _ _ .TOTAL AMOUNT PAST DUE' _____- ??? ????_??? X3574.44 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Da n_ at aAnot app 1_cahie): NLA ROW TO CURE ME DFFSITI T _ 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 &3574.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he mane ei her by as rashier'g nh. rk rertifre d rhek t nr monP? nniPr mane s and sent tn• You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not uce iff?t?ap in is^hig l: WA Page 3 of 6 IF Y011 -DO NOT CURE THE DREAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exer is its rights to acs el rate the mnrLugP deht This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forecln_.s"pan yon r mortgage pimpeM ILT>3F MORTGAGE TS FORECLOSED 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 vnn enre the default within the THTRTV (30) DAY period, yn it not he regnired to pay attorney's fees- OTHER ],ENDER 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. RHIAT TO C'ITRF T I DFFAUT T PRIOR TO SHERIFF'S I F -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the at to vent the ca . at anv time n to nne hour hefnr the Stierift'c Sale Yn„ M&YAam-boy pa)dng the total hunt then oast due hoc any late nr nthLIr charges then duPe, =sanahl . attnrne y's fP.rc and costs c_.nnnPCt with the fnrerlnsnre c. ale an any other costs ?nnne. tea v?i h t}ie Shen qSale in w1ifing er an ?+ nP nrming y tither Wurementc tinder the marrgage. 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,IFST POISSTRI F SHERIFF'S SALE- DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: _ Saxon Mo__rtgage Inc. Address: 4708 Mecantile Drive North Fort Wort?,..TX 76137 _,__._.? _ Phone Number: 1-800-874-9516 Fax Number: _ 1871-665-7750?? -V Contact Person: Loss Mitigation lossmit u saxonmsi.com F.FEF.Ci' OF SHFRTFF'c SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSIMMON 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 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 6 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR. TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road. Harrisburg, PA 17102 (717) 541-I757 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) 334-151.8 FAX (717) 334-8326 Page 6 of 6 Ifled Mail mulling r Providim r•-a! aaoa-W 'OOeE-nCWSd record of delivery kept by tits Postal Service for two years xmnt riarnbtclers: weW Mail may ONLY be combined with Fkret-Ques Malls or Pdorlty Mail. mulled Mall is not nvWWft for any class of ire ernabonal maiL O WSURANCE COVERAGE IS PROVIDED with Certified Mali. For Mumbles, please consider Inwred or Registered Mee. Div ryK Tadditional o abtahi Rearm R rmaayy ba requested fo pmvile proof of Receipt ?e, P complete artd attach a Return eoetp t (PS Form 3611) to Ow arlds and add apQNod* postage to cover the di pit apt, 'Return Receipt postmark an Re dour Certified Malall reweiver for ceipt is quired. Dr an additional fee. delivery, may be restricted to the addressee or ndo mentlft?weAdre. the dark or mark the maeplece with the a postmark on the C [tied MaN receipt is dpes?i ed, please present the arti- M. If i mark xelpt is rottnneeded detwh and aft label wah on the Certified MaN Postage and trtell. IORTANT: Save Ibis reoelpt and present It when making an inquiry. irnot scoots to delivery Information is not available on mail reseed to APO& and Ms. s 0 cc Q" CI Q' ra ru O CI Ct 0 ra rq rn Ln ::3J ti o: o: 9 2 U- F r 3 O co 0 W a. • i, { Lo }j f a_+y aic Q Ln w k 0 C3 C3 C ru rn a M w cr> 4L C_3 p -Lu u- (3 Sf? Z i+1 u.. 6- s v o ?- 175 ry_ uss LLI sr r Qrs. 0 v R r"l i 3 a c Ali I I , • !fulled Mali PmWdes: A"WAV receipt f•?a?err, moa eunr s„ sa mdpww A unique ktermler for your A record of delivery kept by ft po" g for two yrara xw&w R&m : ?Ieruiiad Maa may ONLY be oombkjed with First-Class Mails or r" W Man is not avaaattie for any class of Ifftmational mail p Man® . VO WSURANCE COVERAGE.-!S PROHiDED with CertHed Malt. For mhObift Pbaee cmwkl r frwured or Regwkwed Matt, 'or an addilional fee, a Return "I ay be feHva?y. To Obildn Return Receipl, pieaee to Pt (PS Form St3t1) to Ute arad9 eo?d add aPpB P etc a Pat m maii Pe " Receipt Requeatpd`. To roceive a fee waterer fo dupilcsjI6 r rewm rgcek* a USPue postmark on !roar Certaled Mea receipt Js mqLww, ?ar an addalonat fee, denvary may be testriged to the addressee or ?s , wed O?eerlK?h??re'Adryryv''ise the dark or mark the manpiece with the t a posmu rk on the Certlaed Mall 40 at the receipt to deeired, preserit the arti-for soaipt is rot ne *Mooed, detachanO aft 'k" rmml Certified Man 'ORTANT: Save ibfs renal pt sad ppresent it ilmll kg' aail. Inquiry. irnet aot:ess to doll" infermat1001s not available on mail Ironed to APOs and F%s.- 'ao N cc CO tr O r%- n^ r9 rU CO O 0 O T1 n I T o U 0 H ?i v is i! i t 4 t r • L i, C3 O - L W O O r O Q N to CP o= _5 to Z U W C* OR g va ?? C. Cb S' 0 2 v r C). cc LIJ ; Cm ? vim, t` c?v o J r v t Y ?C} ?J 0 0 C? ! . a V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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. falsification to authorities. Section 4904 relating to unsworn UDREN LAW OFFICES, P.C. BY:( Z ?,1 1.f 'MI- Attorneys for Plaintiff ?- MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE „6q, r a ?Q "? V1 7 r `i ? O M__ p w Lfl SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-00395 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS KELLY PATRICK ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: KRTTY PATRICK but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE He therefore returns the NOT SERVED , as to the within named DEFENDANT KELLY PATRICK 1 WEST DULLES AVENUE CAMP HILL, PA 17011 DEFENDANT IS IN BANKRUPTCY. HIS ATTORNEY IS JAMES TURNER (717)232-4551 CHAP 13 1:07-BK01770-+MDP Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 Ila 9) b f .00 42.40 So answers: -> R. Thomas Kl1 Sheriff of Cumberland) County UDREN LAW OFFICES 00/00/0000 Sworn and Subscribed to before me this day of , A. D. I SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-00395 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS KELLY PATRICK ET AL i II R. Thomas Kline Sheriff why being duly sworn I according to law, says, that he made a diligent se4rch and inquiry for i the within named DEFENDANT to wit: I KELLY LAUREN M but was unable to locate Her in his bailiwick COMPLAINT - MORT FORE He theref?re returns the the within named DEFENDANT 1 WEST DULLES AVENUE KELLY LAUREN M NOT SERVED , as to CAMP HILL, PA 17011 DEFENDANT IS IN BANKRUPTCY. HER ATTORNEY IS JAMES TURNER (717)232-4551 CHAPTER 13 1:07-BK-01770-MDP Sheriff's Costs: So answje ?.7? ? Docketing 6.00 Service .00 ` Affidavit .00 R. Thomas line Surcharge 10.00 Sheriff of Cumberlai 00 1/19104 ? 16.00 UDREN LAW OFFICES 00/00/0000 Sworn and Subscribed to before me this day of County A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J.'UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Company :COURT OF COMMON PLEAS Americas, as Trustee and CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact :NO. 08-395 Civil Term Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: February 27, 2008 UDREN /nLAW?OOFFICEE?S, P.C. BY: .f/lj/UA,I L? J?I/4 Attorneys for Plaintiff MARK J: UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE C) W LJ C ` [t! C Ci IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 LAUREN M. KELLY F/K/A LAUREN M. ACRI CASE NO.1-07-bk-01770-MDF DEBTOR DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006- EQ1 BY: SAXON MORTGAGE SERVICES, INC. AS ITS ATTORNEY-IN-FACT MOVANT VS. LAUREN M. KELLY F/K/A LAUREN M. ACRI DEBTOR(S) CHARLES J. DEHART, III, ESQUIRE, TRUSTEE/ RESPONDENTS ORDER MODIFYING AUTOMATIC STAY Upon consideration of the Motion of Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact for Relief from Automatic Stay, as well as the Certification of Default filed by same, it is hereby ORDERED AND DECREED THAT: The 11 U.S.C. §362 Automatic Stay of all proceedings is hereby modified with respect to premises located at: 1 West Dulles Ave. Camp Hill, PA 17011 so as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. By the Cowl, Dated: December 14, 2007 7041)0441? dadse (IDK) This document is electronically signed and filed on the same date. . . I-% CASE NO: 2008-00395 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS KELLY PATRICK ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLY PATRICK the DEFENDANT , at 2008:00 HOURS, on the loth day of March 2008 at 1 WEST DULLES AVENUE CAMP HILL, PA 17011 by handing to PATRICK KELLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 - It) b1 ? 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/13/2008 UDREN LAW OFFICES By: L Deputy She i f A. D. CASE NO: 2008-00395 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS KELLY PATRICK ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLY LAUREN M the DEFENDANT at 2008:00 HOURS, on the 10th day of March , 2008 at 1 WEST DULLES AVENUE CAMP HILL, PA 17011 by handing to LAUREN KELLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 3?)?IU? .00 ? 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 03/13/2008 UDREN LAW OFFICES By: day Deputy Sheriff A.D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK'J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Company Americas, :COURT OF COMMON PLEAS as Trustee and Custodian for Soundview =CIVIL DIVISION Home Loan Trust 2006-EQ1 by: Saxon :Cumberland County Mortgage Services, Inc. as its attorney-in-fact :MORTGAGE FORECLOSURE 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. Patrick Kelly :NO. 08-395 Civil Term Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 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) Patrick Kelly and Lauren M. Kelly for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 1/4/08 to 4/12/08 Late charges per Complaint From 1/4/08 to 4/12/08 $129,208.67 2,513.00 125.76 TOTAL $131,847.43 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. UDRE LA WOFFICES, P.C. BY : DAMAGES ARE HEREBY ASSESSED AS DATE : Attorneys fof` TT&UffifI MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE INDICA D PRO OTHY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID-#203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings(A.ndren.eem Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attomey in-tact Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant(s) TO: Patrick Kelly 1 West Dulles Avenue Camp Hill, PA 17011 DATE of Notice: April 1, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-395 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR 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 LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -min 1411-11 Ia n, squire Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 11 I Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID'#04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ?d111$?.?_udren_cnm Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006- '- EQ1 by Saxon Mortgage Services, Inc. as its attorney- '• in-fact Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant(s) TO: Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 DATE of Notice: April 1, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-395 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANCE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALOUNA, 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 LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. A J arc ren, squire Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 1 I 1 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 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 Company ;COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. :NO. 08-395 Civil Term Patrick Kelly Lauren M. Kelly Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Defendant: Age: Residence: Employment: Lauren M. Kelly Over 18 As captioned above Unknown Patrick Kelly Over 18 As captioned Unknown Sworn to and subscribed before me this 12 day o April, 2008. N IM OF 1 #MW CO Mr MM &1*W UuPWW. above Name: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00395 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS KELLY PATRICK ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says., the within COMPLAINT - MORT FORE was served upon KELLY LAUREN M the DEFENDANT at 2008:00 HOURS, on the 10th day of March 2008 at 1 WEST DULLES AVENUE CAMP HILL, PA 17011 by handing to LAUREN KELLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 f ..., 00 10.00 R. Thomas Kline .00 16.00 03/13/2008 UDREN LAW OFFICES Sworn and Subscibed to before me this day of , Bye ?- Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS KELLY PATRICK ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLY PATRICK the DEFENDANT at 2008.:00 HOURS, on the 10th day of March 2008 at 1 WEST DULLES AVENUE CAMP HILL, PA 17011 by handing to PATRICK KELLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before.me this of So Answers: 18.00 ,. 14.40 f" 00 ?F 2.0.00, R. Thomas Kline .00 42.40 03/13/2008 UDREN LAW OFFICES By: 1,2 day Deputy She i f A.D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEKA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingstudren.aam Deutsche Bank Trust Company :COURT OF COMMON PLEAS Americas, as Trustee and ;CIVIL DIVISION Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Cumberland County Services, Inc. as its attorney- in-fact - 4708 Mercantile Drive 5:;P Ft. Worth, TX 76137 ' Plaintiff Patrick Kelly t' Lauren M. Kelly ;NO. D$ ..5 1 West Dulles Avenue NiTe'm Camp Hill, PA 17011 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 GAVE 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 140 FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 71 4 r Sa+ '-i r- ' V (? GtI tw 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 Company `:COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. 9 Patrick Kelly :NO. 08-395 Civil Term Lauren M. Kelly Defendant(s) TO: Patrick Kelly 1 West Dulles Avenue Camp Hill, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entere g = in the above proceeding as indicated below. Pro ar X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession M-T/08 Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE.CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN~LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARR 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 Company :COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. Patrick Kelly Lauren M. Kelly NO. 08-395 Civil Term Defendant(s) TO: Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Penns lvania, u are hereby notified that a Judgment has been entered al n the above proceeding as indicated below. rot o y X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esguire At this telephone number: 856-669-5400 .UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Company :COURT OF COMMON PLEAS Americas, as Trustee and 'CIVIL DIVISION Custodian for Soundview Home €Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. 9 Patrick Kelly NO. 08-395 Civil Term Lauren M. Kelly Defendant(s) I W. Dulles Ave &MP Wit. PA I'10I[ PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $131,847.43 Interest From 4/13/08 3,618.72 to Date of Sale September 3, 2008 Ongoing Per Diem of 25.13 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. BY: / 111"(1 //L//L1 ?* /Ail/ Attornerys 'fore VlWintif f MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE b 94 r it i*- N (, 2 S Q 0000" fyT' O 00 O ' gg ? - - tP a - `?' t 8 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 Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant(s) I HEREBY CERTIFY THAT: CERTIFICATE ':COURT OF COMMON PLEAS =CIVIL DIVISION `Cumberland County :MORTGAGE FORECLOSURE NO. 08-395 Civil Term TO THE SHERIFF I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. / BY: Attorneys 'for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE t?? ? ? ? GS? ?; ? ??; "{" ? •4J,f ?_ ?: ? , i ?.r? 2 ?.? ??, ?.> r- ... • . ?^ ..? ?' 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 Company '-COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. Patrick Kelly 'NO. 08-395 Civil Term Lauren M. Kelly 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. UDRE %LAW OFFICES, P.C. BY : I, 0 /41,Md . Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE C? ? C cn r' r? i R' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 ti 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 Company Americas, :COURT OF COMMON PLEAS as Trustee and Custodian for Soundview :CIVIL DIVISION Home Loan Trust 2006-EQ1 by: Saxon :Cumberland County Mortgage Services, Inc. as its attorney-in-fact :MORTGAGE FORECLOSURE Plaintiff V. Patrick Kelly :NO. 08-395 Civil Term Lauren M. Kelly Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1 West Dulles Avenue Camp Hill, PA 17011 1. Name and address of owner(s) or reputed Owner(s): Name Address Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 Patrick Kelly 1 West Dulles Avenue Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address A R Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact MERS as Nominee for Equifirst Corp. Equifirst Corp. 4708 Mercantile Drive Ft. Worth, TX 76137 P.O. Box 2026 Flint, MI 48501 500 Forest Point Circle Charlotte, NC 28273 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17103 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 1 West Dulles Avenue Camp Hill, PA 17011 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 9, 2008 UDREI\L LAW OFFICES, P.C. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE (? r C-7:1 ?- ,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 Company :COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its €:MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. Patrick Kelly :NO. 08-395 Civil Term Lauren M. Kelly Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patrick Kelly 1 West Dulles Avenue Camp Hill, PA 17011 Your house (real estate) at 1 West Dulles Avenue Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,847.43, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with. this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 • UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Company :COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its ;MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. Patrick Kelly 08-395 Civil Term Lauren M. Kelly Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 Your house (real estate) at 1 West Dulles Avenue Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,847.43, 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.) ? y YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856- 669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Company =COURT OF COMMON PLEAS Americas, as Trustee and ':CIVIL DIVISION Custodian for Soundview Home 'Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its € attorney-in-fact 'NO. 08-395 Civil Term Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Patrick Kelly Lauren M. Kelly PROPERTY: 1 West Dulles Avenue Camp Hill, PA 17011 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 3, 2008, at 10:00 AM, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-395 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee and Custodian for SOUNDVIEW HOME LOAN TRUST 2006-EQI by: SAXON MORTGAGE SERVICES, INC., as its attorney-in-fact, Plaintiff (s) From PATRICK KELLY and LAUREN M. KELLY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,847.43 L.L.$ 0.50 Interest from 4/13/08 to Date of Sale 9/03/08 Ongoing Per Diem of $25.13 to actual date of sale including if sale is held at a later date - $3,618.72 Atty's Comm % Due Prothy $2.00 Atty Paid $245.80 Other Costs Plaintiff Paid Date: 4/15/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 .. R 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. ARKSMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Company Americas, :COURT OF COMMON PLEAS as Trustee and Custodian for Soundview :CIVIL DIVISION Home Loan Trust 2006-EQ1 by: Saxon :Cumberland County Mortgage Services, Inc. as its attorney-in-fact 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. Patrick Kelly Lauren M. Kelly :NO. 08-395 Civil Term 1 West Dulles Drive Camp Hill, PA 17011 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: July 22, 2008 UDREN LAW OFFICES, P.C. BY : Attorneys for 29bfTntiff MARK J. UDRE , ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, S. 'Ift 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 Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-395 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Patrick Kelly and Lauren M. Kelly PROPERTY: 1 West Dulles Avenue, Camp Hill, PA 17011 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 3. 2008, at 10:00 AM, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, Pa. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A (D U m -a O ct ?c a lL _ N N o m d oO mW ? m E 0.0 N W E .gbf_? U) a i Ed 2 m m E E ?? m ? x U cn LL ) m m m- ?r'L $ m o E -E N 'n U D W t o m W o °c H m 'W m 0 C6 E T! N OF O m `???[ 'e v o c m o m ma wco _ d'mm O m ALL ? a - c rnm CL 70 v s°=rom 2 r (n mE 20 S) -E w. t 0 J`am' m w'R E c c m m c L N N E5L 7, °i'0' /d co> __ c m m N m a °? E c m 7 - H m° g c c 7 ° d N C• C cr, ?O N 0 0 n m ?° aw = c H p 0 co C Q>- 0 6 0 -.2 ° 1 0 ' m ?C« t L U!n C N N rn o ` `p1°c ?`N c c 0 4) CO UIY?? ? Cm OEE?i W2i-°m$ m 2 MA 2 2U o c E u? w m.? o Q w m m E W L L m d a D_ N E e N N f6 w _ d X c w LL ? m N VJ IL ? y N ? U _ lA q?q?? w ?? ? ? a w go d ?, v z m 0 8 J w ° L d 0 Z a ? z v ¢ ab Q o 0 5! °¢ F - Pa z Vi LL - m ? m O to U a N g LL j p a ti - c, w O ai z ?a o e- LL -i E c u a U . W c o o a o Wp U a w r - U)- W? ? 3 a u LO ° d m ? Za L P w d N? tiMJ V CO » pLU L O Z.- o o m c f- an dN U. a _ q?y m _ N UN ?J pp Wl'7 =? CR LO O C J UG Z? g Q v a O a p E E; LO z Li o a W LU a w Z a p p L X J v op U 3 0) ?0_ C0L) o wH .: ?H w w L L O m H= a W M2 LO M Z> Lack Q ?? w ? ? O ¢ W `._ c? I-°!Y ?O O O Q w A r r z UU 00) 0a I-U LL W N N W °o "a ` y? = N O M O O a N t0 tt°ii v r <Z oo O o E E c a N CO E -0 N e 0 M- Z¢ O N .9 C%j CO m 0 p v_i N M V LO m P- m to I- J EXHIBIT A r-I r-I H H 43 N E A? b /-Lop), m A C4 w°m c rn S4 cd S4 A v w t` OD (VI F, f4 O CV U) D4 C c6 N 7 O w It- 0 LO 0 ti O Y C J N Y Y U cu a_ .-Ti a ? I :'I G 1 r ' l E+ Deutsche Bank Trust Company Americas, as In the Court of Common Pleas of Trustee and Custodian For Soundview Home Cumberland County, Pennsylvania Loan Trust 2006-EQ1 by: Saxon Mortgage Writ No. 2008-395 Civil Term Services, Inc. as its attorney in fact VS Patrick Kelly and Lauren M. Kelly Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2008 at 1852 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: Patrick Kelly and Lauren M. Kelly, by making known unto Patrick Kelly, for himself and for his wife, Lauren M. Kelly, at 1 West Dulles Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly swom according to law, states that on July 16, 2008 at 1922 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 Patrick Kelly and Lauren M. Kelly located at 1 West Dulles Drive, Camp Hill, 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: Patrick Kelly and Lauren M. Kelly by regular mail to their last known address of 1 West Dulles Drive, Camp Hill, PA 17011. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mark J. Udren. Sheriff s Costs: Docketing 30.00 Poundage 21.59 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Surcharge 30.00 Levy 15.00 Postpone Sale 20.00 Law Journal 413.00 Patriot News 491.48 Share of Bills 17.64 s ? ?r?o3? o $1,101.21 So Answers: R. Thomas Kline, Sheriff L BY ReqEst"at'e4g eant v,„ ?c,S89 .2 LG b 9 7 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 CnANDRA M. ARKEMA, ESQUIRE - ID #203437 *OODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank Trust Company Americas, :COURT OF COMMON PLEAS as Trustee and Custodian for Soundview :CIVIL DIVISION Home Loan Trust 2006-EQ1 by: Saxon ::Cumberland County Mortgage Services, Inc. as its attorney-in-fact MORTGAGE FORECLOSURE Plaintiff V. Patrick Kelly `:NO. 08-395 Civil Term Lauren M. Kelly Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1 West Dulles Avenue Camp Hill, PA 17011 1. Name and address of owner(s) or reputed owner(s): Name Address Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 Patrick Kelly 1 West Dulles Avenue Camp Hill, PA 17011 2. Name and address of Defendant(s) in-the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank Trust Company Americas, as Trustee and Custodian. for Soundview Home by: Saxon Mortgage Services, Inc. as its attorney-in-fact MERS as Nominee for Equifirst Corp. Equifirst Corp. 4708 Mercantile Drive Ft. Worth, TX 76137 P.O. Box 2026 Flint, MI 48501 500 Forest Point Circle Charlotte, NC 28273 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of'every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17103 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 1 West Dulles Avenue Camp Hill, PA 17011 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 9, 2008 UDRE LAWOFFICES, P.C. BY : blo'llid, 6 ' 0/®'; Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE r_ 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 Company :COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. - Patrick Kelly €NO. 08-395 Civil Term Lauren M. Kelly Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patrick Kelly 1 West Dulles Avenue Camp Hill, PA 17011 Your house. (real estate) at 1 West Dulles Avenue Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,847.43, 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.) f f • YOU MAY STILL BE ALE TO SAVE YOUR PROPERTY AND YOU RAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with, this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAIN9 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 FOR PLAINTIFF Deutsche Bank Trust Company :COURT OF COMMON PLEAS Americas, as Trustee and :CIVIL DIVISION Custodian for Soundview Home :Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its :MORTGAGE FORECLOSURE attorney-in-fact Plaintiff V. Patrick Kelly NO. 08-395 Civil Term Lauren M. Kelly Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Lauren M. Kelly 1 West Dulles Avenue Camp Hill, PA 17011 Your house (real estate) at 1 West Dulles Avenue Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,847.43, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL. BE ABLE TO SAYS YOUR PROPERTY AND YOU HAVE OTHER RIGHTS: EVEN IF THE SHERIFF'S. SALE DOES TAKE-PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856- 669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 MAY-21-200$ 'dE? 01:37 FM Udren Law 'AX NO, $5642$$007 p, 02 ALL THAT PARCEL OF LAM IN TOWNRW OF BAST PEII OOR0, CUhGMV.AAID COUNTY, STATE OF PRNNMVAMA, AS "S FULLY DESCRMW IN DEED BOOK 275, PAGE 4661, ID# 09-17-1041.038, HISING KNOWN AND DESIGNATED AS AM THAT CERTAIN TRACT OR PARCEL OF LAND AND PRENM, SITUATE, LYING, AND BEING IN THE TOWNSHIP OF EAST PMOMRO IN THE COUNTY OF COMERLAND AND COMMONWEALTH OF PMe4SYLVANIA. MORE PARTICULARLY DESCRII;BD AS FOLLOWS: BEGI)MG AT A POINT ON THE NOWTHWESIMY COPt M OF MATTHEW ROAD AND DMIRS DRLV13 WEST; TIMCE ALONG THE NORTHERLY IDE OF DULL.ES DRM WBST. SOUTH 60 DEGREES, 00 bMLft'135, WEST 89.21 FRET TO A POINT DIVIDING LINE BETWEEN LOT NOS. 12 AND 13, BLOCK -F- ON nM HBRMNAFM)?OUIONED PLAN OF LOTS; TMWCE ALONG SAID DWMDW L20, NORTH 30 DBGREES, 00 MINUTES WEST 120 IM TO A POINT AT SOUTHERLY LANE OF PROMMY NOW OIL FORMERLY OF GORDON PRY ESTATE; TE04CB ALONG SA-V& NORTH 60 DEGREES, 00 M NL)TE'S ROT 89.21 FEET TO A POINT ON THE WESTERLY LINE OF MATTHEW ROAD AFORESAID; THENCE ALONG SAME, SOUTH 30 DECS.tF.ES, 00 MINUTES EAST, 120 FELT TO A POINT THE PLACE OF BEG>NNWG.. BEING LOT NO. 13, BLOCK "F IN PLAN NO.1 OF RIDLEY PARK, WMC H PLAN IS RECORDED IN TEX OFFICE; OF THE RECORDER OF DHBDS IN AMID FOR CUMBMU A D CIDUNTY, PENNSYLVANIA, IN PLAN BOOK 11, PAGE 26. DEED FROM JOSEPH W. PEC HTER, SINGLE AS SET FORTH INDEED BOOK 275, PAGE 4661 DATED 07/=OD6 AND RECORDED OMI/2006, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PE3NNSYLVANL& BEING KNOWN AS: 1 West Dulles Drive Camp Hill, PA '17 011 PROPERTY ID NO.: 09-17-1042-038 TITLE TO SAID PREMISES IS VESTED IN LAUREN M KELLY, HUSBAND AND WIFE BY DEED FROM JOSEPH PERSON DATED 7/26/2006 RECORDED 8/1/2006 IN 4661. . KELLY AND PATRICK W. FECHTER, SINGLE DEED BOOK 275 PAGE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-395 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee and Custodian for SOUNDVIEW HOME LOAN TRUST 2006-EQI by: SAXON MORTGAGE SERVICES, INC., as its attorney-in-fact, Plaintiff (s) From PATRICK KELLY and LAUREN M. KELLY (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 $131,847.43 L.L.$ 0.50 Interest from 4/13/08 to Date of Sale 9/03/08 Ongoing Per Diem of $25.13 to actual date of sale including if sale is held at a later date - $3,618.72 Atty's Comm % Due Prothy $2.00 Atty Paid $245.80 Other Costs Plaintiff Paid Date: 4/15/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale #40 On May 21, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Curd County, PA Known and numbered as 1 West Dulles Drive, Camp Hill more fully described on Exhibit A C+! filed with this writ and by this reference &Ipowe incorporated herein. Date: May 21, 2008 By: t Real Es a Sergeant L I -b d L 18dV 8001 dd IIkiHIIU,) 1 J3W N5 -Jill ?? ??{ ?P_I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Co Editor SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL RBTATE BALE NO. 40 Writ No. 2008-395 Civil Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ 1 by: Saxon Mortgage Services, Inc. as its attorney in fact vs. Patrick Kelly and Lauren M. Kelly Atty.: Mark Udren ALL that parcel of land in Town- ship of East Pennsboro, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 275, Page 4661, ID# 09-17-1042- 038, being known and designated as all that certain tract or parcel of land and premises, situate, ly- ing, and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northwesterly corner of Matthew Road and Dulles Drive West; thence along the northerly line of Dulles Drive West, South 60 degrees, 00 minutes, West 89.21 feet to a point dividing line between Lot Nos. 12 and 13, Block "F" on the hereinafter mentioned plan of lots; thence along said dividing line, North 30 dqpvn, 00 minutes West 120 feet to a point at southerly line of property now or formerly of Gordon Fry estate; thence along same North 60 degrees, 00 minutes East 89.21 feet to a point on the westerly line of Matthew Road aforesaid; thence along same, South 30 degrees, 00 minutes East, 120 feet to a point the place of BEGINNING. BEING Lot No. 13, Block "F" in Plan No. 1 of Ridley Park, which plan is recorded in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Plan Book 11, Page 26. Deed from Joseph W. Fechter, single as set forth in Deed Book 275, Page 4661 dated 07/26/2006 and recorded 08 / 01 / 2006, Cumberland County Records, Commonwealth of Pennsylvania. BEING KNOWN AS: 1 West Dulles Drive, Camp Hill, PA 17011. PROPERTY ID NO.: 09-17-1042- 038. TITLE TO SAID PREMISES IS VESTED IN Lauren M. Kelly and Patrick Kelly, husband and wife by deed from Joseph W. Fechter, single person dated 7/26/2006 recorded 8/1/2006 in Deed Book 275 Page 4661. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 f f Sworn to an scribed before 4e thi 20i ofiAuaust, 2008 A.D. Notary Public COMMONWEALTH Of PENNSYLVANIA s a s ? ftw, NWAy Pubic CRY Of Wftbn Canwre?bn ?_ 26Comy MY 1011 Member, PennWmje AuoolwMon o1 Nohrlw beat Ee1Ms Sob No. 40 Writ No. 2006-M CWNTerm DeuWM ow*Tnwt Company Anwdca%asTlustse and -Custodlen tar Soundview Home Low Thud M"01 by. Saxon mor4pw Services, inc. as its att nrwy in tact vs Patrick Kelly and Lauren Y. Kelly Attomey Mario Udren LEGAL Dim 1'ldtt v ?l TNAT TIOWNW 60 EAST" MWSBORO, CIAiINlL M COUNTY, ? STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 275, PAGE4661, ID# 09-174042-038, BEING KNOWN ANDDESGINATED AS ALLTHAT CERTAIN TRACT OR PARCEL OF LANDANDPREMISES, SITUATE, LYING, ANDBEING IN THE TOWNSHIP OF EAST PENNSBORO ON THE COUNTY OF CUMBERLAND ANDCOMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY CORNER OF MATTHEW ROADANDDULLED DRIVE WEST; THENCE ALONG THE NORTHERLY L NEOF DULLES DRIVE WEST, SOUTH 60 DEGREES, 00 MINUTES, WEST 89.21 FEET TO A POINT DIVIDING LINEBETWEEN LOT NOS. 12 AND13, BLOCK "F" IN THE HEREINAFTER MENTIONED PLANOF LOTS; THENCE ALONG SAID DIVIDING LINE, NORTH 30 DEGREES, 00 MINUTES WEST 120 FEET. TO A POINT AT SOUTHERLY LINEOF PROPERTY NOWOR FORMERLY OF GORDON FRY ESTATE; THENCE ALONG SAME NORTH 60 bEGREES, 00 MINUTES EAST 8921 FEET TO A POINT ON THE WESTERLY LINEOF ? kTI`HEW ROADAFORESAID; THENCE, ALONG SAME, SOUTH 30 DEGREES, 00 hflN TTFS EAST, 120 FEET TO A POINT THE PLACE OF BEGINNING. BEING LOTNO. 13, BLOCK "F" IN PLANOO. I OF RIDLEYPARK, WHICH IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN ANDFOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLANBOOK it, PAGE26. DEED FROM JOSEPH W. FETCHER, SINGLE AS SET FORTHIN DEED BOOK 275, PAGE4661 DATED 07/261 2006ANDRECORDED 001006, CUMBERLANDCOUNTYRECORDS, COMMONWEALTHOF PENNSYLVANIA BEING KNOWN AS: I West Dulles DriveCamp Hill,PA17011 PROPERTY ID NO.: 09-17-1042-038 TITLE TO SAID PREMISES IS VESTED IN LAUREN M. KELLY ANDPATRICK KELLY HUSBAND ANDWIFE BY DEED FROM JOSEPH W. FECHTFR, SINGLE PERSON DATED 7/20006RECORDED 8/U2006IN DEED BOOK 275 PAGE4661. 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 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, as Trustee and :CIVIL DIVISION Custodian for Soundview Home 'Cumberland County Loan Trust 2006-EQ1 by: Saxon Mortgage Services, Inc. as its attorney-in-fact 'NO. 08-395 Civil Term Plaintiff V. Patrick Kelly Lauren M. Kelly Defendant PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE. DATED: September 29, 2009 UDREN LAW OFFICES, P.C. BY: Attorneys for a tYff MARK J. UDREN, QUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM KAYES, ESQUIRE MARGUERITE THOMAS, ESQUIRE FILE t-O3 ICE OF THE PROTHONOTARY 2009 OCT -6 AM f0: 35 cu('Ji,:1',,-. V Yi, vow-JN (`4 iS.od P? A C?`? 138 335 p„?" aa?soa