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HomeMy WebLinkAbout09-0946 . Is 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under ':CIVIL DIVISION NovaStar Mortgage Funding Trust, Series 2007-2 :Cumberland County 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. Beth A. Alleman n/k/a Q?- "l ???-f Cpl ?? `? Beth A. Frenge 1 :NO. Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 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. 6 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 . I. & 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 demanders 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 A 46 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 .. i? 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 National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 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: 7 Independence Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Southampton Township COUNTY: Cumberland DATE EXECUTED: 1/26/07 DATE RECORDED: 2/05/07 BOOK: 1981 PAGE: 2658 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 ,r 4 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 2/13/09: Principal of debt due $152,210.22 Unpaid Interest at 8.40 from 9/01/08 to 2/13/09 (the per diem interest accruing on this debt is $35.03 and that sum should be added each day after 2/13/09) 5,747.40 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $204.55 and that sum should be added on the first of each month after 2/13/09) (595.46) Late Charges (monthlyy late charge of $55.50 should be added in accordance with the terms of the note each month after 2/13/09) 524.12 Unapplied Funds (85.44) Attorneys Fees (anticipated and actual to 5% of principal) 7,610.51 TOTAL $166,016.65 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. Notice of Intention to Foreclose as set forth in Act 6 0f *. of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to Defendant (s) on the date (s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $166,016.65 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UD Wsfor S, P.C. BYAtaintiff MARK J. U DREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -LOUIS A. SIMONI, ESQUIRE . ALL the following dacri ed real estate, toggdmr with itnpr0V=M is ***= mood, t:•a lying and being in Southampton Township, Cumberland County, Peaas9lveM more Ply described as follows, to wit: 8EGVVAWVG at a point on the northerly edge of Indepen imoe Drive at corner of Lot B- 22 on the b=i==t referred to plan of lots; thence by said Lot B-'A North 33 degrees 36 minutes 58 seconds Fast, 125 fieet to a point at comer of other lands now or formerly of I Gary Rine and Yr* gWa B. Rine, his wife; then= by said other lands now or faxmerty of J. Gary Pane and Virginia B. Rirsr, his wife, North 65 datip 39 29 seconds East, 64.28 The to a conaete manumau; thence by the same, North. 21 dW= 2 wim 45 seconds West, 68.52 feet to a point at eomw of Lot A-1 on said Plan of Lots; thence by said Lot A-2, South 33 degrees 36 minutes 38 seconds Sees 139.86 feat to a point on the northerly edge of ludependence Drive, North 56 degi= 23 minutes 2 seconds West, „ 90 feet to a palm, the place of BErGMING. COA'TABONG 14,117 square feet BMG Lot A-1 on subdivision plan prepared by Carl D. Bat dam. June 26, 1998, entitled "Lam Subdivision for Rine Estate, Phases I and Ir and recorded m Cumberland County. Pennsylvania Plan. Book 77, Page 64. .9UBATT lu dw pcuviaims of the Da iazudon of Covenants and R am for Rine Estates Subdivision. Phases I and 11; dated October 2Z 1999, and recorded to Cumberland County, Pc wrAvania, Book 590, Page 1071. s t . % 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. Section 4904 relating to unsworn falsification to authorities. UD OFFI S, P.C. BY: , Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -LOUIS A. SIMONI, ESQUIRE c__ ?? -.z r?s CXS ..._i ::?,: L? _? `? ? ?_ ?_ ti V ?? ? ?. '?` ,? -n fi -?` ar_, -C SHERIFF'S RETURN - REGULAR CASE NO: 2009-00946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ALLEMAN BETH A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALLEMAN BETH A K/A FRENGEL BETH A the DEFENDANT at 0020:58 HOURS, on the 20th day of February-, 2009 at 7 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 by handing to MICHAEL FRENGEL ADULT IN CHARGE 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: So Answers: Docketing 18.00 Service 18.90sL Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 46.90 02/23/2009 UDREN LAW OFFICES Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. d`..? -s 77a 1?; M SHERIFF'S RETURN - REGULAR CASE NO: 2009-00946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ALLEMAN BETH A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRENGEL MICHAEL E the DEFENDANT , at 0020:58 HOURS, on the 20th day of February-, 2009 at 7 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 MICHAEL FRENGEL by handing to DEFENDANT 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: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/23/2009 UDREN LAW OFFICES Sworn and Subscibed to By?? before me this day Deputy Sheriff of A.D. C"? 3 y ? '^Sl r"l ? ' S"„ ???a G'?"' "'4h 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 pleadingseudren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under 'CIVIL DIVISION NovaStar Mortgage Funding €,Cumberland County Trust, Series 2007-2 Plaintiff NO. 09-946 Civil Term V. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: March 24, 2009 UDREN LAW OFFICES, P.C. BY: Att'orneys.?-' _P_1aintiff MARK J. UDREN,`ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE --ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1 y. v V E R I F I C ,A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 'A 8 16 Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Loan #200041556-1 MJU #09020119-1 N • Regina C Alega?nder v T ' Te :Assistant Vice 'resident Co pa : Saxon mortgage Services, nc as servicer on behalf of Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 s-a ct .a ,L l UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU; - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingaoudren.com Deutsche Bank National Trust . Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 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) Beth A. Alleman n/k/a Beth A. Frengel and Michael E. Frengel 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 2/14/09 to 3/24/09 Late charges per Complaint From 2/14/09 to 3/24/09 Escrow payment per Complaint From 2/14/09 to 3/24/09 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-946 Civil Term $166,016.65 1,366.17 111.00 204.55 TOTAL $167,698.37 4 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OF P.C. B I A rneys fo aintiff MARK J. ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE --ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED y //? DATE : /?J o? Jam, d0 /cS A`? PRO PROTHY n V\l -? a W n ? C7 N C_ti ?" EPi 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. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingeOudren.com Deutsche Bank National Trust "COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. :NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) TO: Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 NOTICE Pursuant to Rule 236 of the Supreme Court of Pe sylvani you are hereby notified that a Judgment has been entere g u in the above proceeding as indicated below. of X Judgment by Default Money Ju, Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY_ Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. Frengel NO. 09-946 Civil Term Michael E. Frengel Defendant(s) TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 NOTICE Pursuant to Rule 236 of the Supreme Court of Pe sylvania you are hereby notified that a Judgment has been enter ag u in the above proceeding as indicated below. rot r x Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UD9W LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STCIART WINNEG, ESQUIRE - ID #45362 LOWRINE DOYLE, ESQUIRE - ID #34576 ALAS X. MINATO, ESQUIRE - ID #75860 CHAWRA M. ARKENA, ESQUIRE - ID #203437 LOt738 A. SIMONI, ESQUIRE - ID #200869 WOOMMST CORPORATE CENTER 111 MOODCREST ROAD, SUITE 200 CBSRRY BILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company,,as :COURT OF COMMON PLEAS Trustee under NovaStar Mortgage Funding :CIVIL DIVISION Trust, Series 2007-2 :Cumberland County Plaintiff V. Beth A. Alleman n k/a Beth A. Frengel Michael E. Frenge :NO. 09-946 Civil Term Defendant(s) TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Date of Notice: March 13, 2009 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 YOft 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 AGENHES 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 NECETS DAD DE ECODIEZ (10) MPARARECER IUSTED EN T CORTE I0 SCUOCH?,R EL PREU13A AALLGGUNAD DfCTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOA, IMPORTANTES. DEBE LLEOAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAMk 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 DZM= TO BE A DEBT COLLECTOR AND THI IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL B8t?1!!9L _ T PURPOSE. Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra'M. Arkema, Esquire Louis A. Simoni, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 ,ltvN 4 no HV ?z 8vw 6001 UDR] LAW OFFICES, P.C. MART J. UDREN, ESQUIRE - ID #04302 STVART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN X. MINATO, ESQUIRE - ID #75860 CBANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITS 200 CHERRY HILL, NJ 08003 856-669-5400 P1 jgaAAj ng;n?QuA r n nm = Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff V. Beth A. Alleman n[k/a Beth A. Frengel Michael E. Frengell fendant(s) TO:. Michael E. FrenDgel 7 Independence rive Shippensburg, PA 17257 Date of Notice: March 13, 2009 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-946 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOfJR 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 AGENCfES 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 IDDADO DE E CODIEZ (10) MPARARECER DIAS DE USTED ENT CORTTE I 0 ESCUCH?IR EL PREUBA ALGUNA D DfCT NECESI AR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAMh POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PfJEDE 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 D992M TO BE A DEBT COLLECTOR THIS ZS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE MR THAT PURPOSE. Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 VaNvii AS N v?G ? :of WV ?Z 8vw 60oz 0 301 -1-J0 -- I?IARJ 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 WOODCRLST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com L ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding !Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) STATE OF NEW JERSEY AFFIDAVIT OF NON-MILITARY SERVICE COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the military or Naval Service of the United States of America or its 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: Michael E. Frengel Over 18 As captioned above Unknown Beth A. Alleman n/k/a Beth A. Frengel Over 18 As captioned Unknown Sworn to and subscribed before *me this 24th day o;? March, 2008., above Name : -- -- Title: ATTORNE OR PLAINTIFF Company: UDREN LAW OFFICES, P.C. Notdry _UiftiRS N( ?!'AfKGAPUBIICA OF NEW SM Cotrxnbdm Bom 1QA5/2013 ? :0I H"I ?Z RIP4 65Ql 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 National Trust =COURT OF COMMON PLEAS Company, as Trustee under `:CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $167,698.37 Interest From 3/25/09 5,674.86 to Date of Sale September 2, 2009 Ongoing Per Diem of 35.03 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. ?t-te? _. fo Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE r-ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ?f 9g,-t 4 0-3 06 0 o? ,r » qh ?ryh: s oy os L? a, Ae -V6 9o'hl ? 'Ano t :01 VIV ?Z M 6001 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 K. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under =CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. A1leman n/k/a Beth A. :NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) WRIT OF EXECUTION TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 7 Independence Drive Shippensburg, PA 17257 SEE LEGAL DESCRIPTION ATTACHED Amount due $167.698.37 Interest From 3/25/09 5,674.86 to Date of Sale September 2, 2009 Ongoing Per Diem of 35.03 to actual date of sale including if sale is held at a later date (Costs to be added) $ Prothonotary By Clerk Date COURT OF COMMON PLEAS NO. 09-946 Civil Term Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 vs. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel WRIT OF EXECUTION REAL DEBT $ 167,698.37 INTEREST $ 5,674.86 from 3/25/09 to Date of Sale September 2, 2009 Ongoing Per Diem of 35.03 to actual date of sale including if sale is held at a later date COSTS PAID: PROTHY $ SHERIFF $ STATUTORY $ COSTS DUE PROTHY. $ PREMISES TO BE SOLD: 7 Independence Drive 3 17257 UDREN LAW OfFfMS, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE -ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 pleadings@udren.com 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 Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings®udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under !CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW FILES, P.C. Y: Attorne laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ..ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE E 1i, -?s J A!? jfr , ' •? t r [ Y N; ? f N. V ?t V w $"0Z 1 Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under 'CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2, 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: 7 Independence Drive, Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 7 Independence Drive Shippensburg, PA 17257 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 I 1. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank 4708 Mercantile Drive National Trust Company, Fort Worth, TX 76137 as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 7 Independence Drive Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 24, 2009 UDREN , .C. BY: A-tt-orneys foil-Rlaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE -ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE a; 11. ?o I UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust 'COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE V. Beth A. Alleman n/k/a Beth A. 'N0. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 Your house (real estate) at 7 Independence Drive Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 2, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,698.37, 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 7 i 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 TARS 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 1 k? 911 :01 IIV ?z T `14 6,30l 11 ,? A* FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under ::CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff .MORTGAGE FORECLOSURE UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com v. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) NO. 09-946"Civil Term NOTICE OF.SHERIFF'S SALE OF REAL PROPERTY TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Your house (real estate) at 7 Independence Drive Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 2, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,698.37, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 N. C {? 'i 1 'r"14w c1 l7?Ut? UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.com Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff V. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS - ID #04302 - ID #45362 - ID #34576 - ID #75860 ERE - ID #203437 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-946 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel PROPERTY: 7 Independence Drive, Shippensburg, PA 17257 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 2, 2009, at 10:00 A.M., 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. ALL to following described real estate, together with itnpmvameIs theeaoa amtod, lying and being in Southampton Townahip, ' Cumbedimd Comity, Penaaylvenia, more particularly described as follows, to wit: AhvVVAwc, at a point on the nadhady edge of kdcp a Drive at comer of Lbt 22 on the bUtinaft referred to PlAn of lots; thence by said Lot B-A North 33 dews 36 mkmtes 58 seconds Fast, 125 fed to a point at coma of other Lords now or fauaaly of J. Cary Rice and Vir*ia. B. Rim, his wife; thence by said other lands now or formaiy of J. Gay Rine and Virginia B. Rifle, his wife, North 65 dogmas 39 mioa 29 seconds East, 6429 fat to a eoncrett monum r, thence by the saint, North 21 degrees 2 mimm 45 seconds West, 68.52 fret to a point at comer of Lot A-1 on said Plan of Loo; tbenoc by said. Lot A-2, South 33 aegis 36 mimrtm 58 mconds West, 139.96 fat to a POW on the. northerly edge of Iud ce Drive, North 56 degrees 23 minutes 2 seconds West, 90 feet to a point, the place of BEGINNING. COATAROVG 14,117 squam fed. JUWVG Lot A-1 on mxbdivWon plan -prepared by Carl D. Bart dated.'Jime 26, 1998, entitled "Laved Subdivision for Rine £statm Pbasos I and lr and reom*d in Ct®bp,,im-id County, Pennsylvania Plan. Book 77, Page 64. BU LWY lu dlw pwvixiow of Lho Dwimadon of Covanents and Ratricdoffi fbr Pjnw Estates Subdivision, Phu= I and II, dwed October 22, 1998, and recorded in Cumberland County, Pennsylvan* Book 590, Pogo -1071. BEING KNOWN AS: 7 Independence Drive, Shippensburg, PA 17257 PROPERTY ID NO.: 39-37-2092-088 TITLE TO SAID PREMISES IS VESTED IN BETH A. ALLEMAN, NOW KNOWN AS BETH A. FRENGEL, AND MICHAEL E. FRENGEL, HUSBAND AND WIFE BY DEED FROM BETH A. ALLEMAN DATED 1/02/2004 RECORDED 1/16/04 IN DEED BOOK 261 PAGE 1499. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-946 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-2 Plaintiff (s) From BETH A. ALLEMAN N/K/A BETH A. FRENGEL AND MICHAEL E. FRENGEL (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$167,698.37 L.L.$.50 Interest FROM 3/25/09 TO DATE OF SALE SEPTEMBER 2, 2009 - ONGOING PER DIEM OF $35.03 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,674.86 Atty's Comm % Atty Paid $181.90 Plaintiff Paid Date: March 24, 2009 Due Prothy $2.00 Other Costs C AisR.ong, P otary (Seal) By: Deputy REQUESTING PARTY: Name ALAN M. MINATO, 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. 75860 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor T~ ~ ~_ ~ ~_ rL r~ _ _ ~1j~r\! Deutsche Bank National Trust Company vs. Beth A Alleman Case Number 2009-946 SHERIFF'S RETURN OF SERVICE 06/25/2009 07:53 PM -Noah Cline,Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1952 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 Beth A. Alleman, n/k/a Beth A. Frengel and Michael E. Frengel, located at, 7 Independence Drive, Shippensburg, Cumberland County, Pennsylvania according to law. 06/25/2009 07:53 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1952 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Beth A. Alleman, n/k/a Beth A. Frengel, by making known unto,Michael E. Frengel, husband, at, 7 Independence Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/25/2009 07:53 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1952 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael E. Frengel, by making known unto, Michael E. Frengel, personally, at, 7 Independence Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/01/2009 Property sale postponed to 12/9/2009. 12/08/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property sale cancelled on 1/6/2010 01/07!2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Udren. SHERIFF COST: $956.98 SO ANSWERS, ,~ ., -• f. , ~. ~`~ a F;,= January 07, 2010 ~NNY R ANDERSON, SHERIFF ~~ ~k ~,~-~ ~ .~ 1 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff v. Beth A. Alleman n/k/a Beth A Frengel Michael E. Frengel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-946 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2, 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: 7 Independence Drive, Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Beth A. Alleman n/k/a 7 Independence Drive Beth A. Frengel Shippensburg, PA 17257 Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 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 .~ i 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank 4708 Mercantile Drive National Trust Company, Fort Worth, TX 76137 as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 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. Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 7 Independence Drive Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 24, 2009 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be UDREN__LAW~~~OF~'ICB~;~F .C. i° ~~ BY: _ A orneys fo antiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ._-ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LjDREN LAW OFFICES, P.C. ' MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff v. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-946 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael E: ~ Frengel 7 Independence Drive Shippensburg, PA 17257 Your house (real estate) at 7 Independence Drive Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 2, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,698.37, 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 • t 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. 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 National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff v. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE N0. 09-946 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Your house (real estate) at 7 Independence Drive Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 2, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,698.37, 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 A,LL the following described real estate, together with improvements thereon erected, lying and being in Southampton Township, Cumberland. County, Pennsylvania, more partioularly described as follows, to wit: B~GI7VNING at a point an the northerly edge of Independence Drive at corner of Lot ~- 22 on the hereinafter referred to plan of lots; thence by said Lot B-?2, North 33 degrees 36 minutes 58 seconds Bast, 125 feet to $ point at corner of other lands now or formeryy+ of 1. Crary Rine and 'Virginia $, trine, his wife; thence by said other lands now ar formerly aft. Gary Rime and Virginia B. Rave, his wife, North bS degrees 39 minutes 29 seconds Ease, b4.28 feet to a caztcr+ete monument; thence by the same, North.. 21 degrees 2 minutes 45 seconds West, 68.52 feet to a paint at corner of Lot A-1 on said Plan of ~.ats; thence by said Lot A-2., South 33 degrees 36 minutes 58 seconds Nest, 139,8fi feet to a paint an the northerly edge of Independence Drive, l~Torth 56 degrees 23 minutes 2 seconds West, 9Q feet to a point, the place of BEGIlVNING. CONTAINING 14,117 square feet. .B,~VG Lot A-1 on subdivision plea prepared by Carl D. Bert dated. June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and lI" and recorded is Cumberland Cdtmty, Penn,,,ylvatua Plan Book 77, page b4. SUBIE~'?' iu Llie pcvviaiuua aP the I3CC:laradon of Covenants and Resirlctions ibr Rana Bstaxes Subdivision, Phases I and II, dated Cctober 22, 1998, and recorded in Cumberland County, Pennsylvania, Book 59Q, page ip71. BEING KNOWN AS: 7 Independence Drive, Shippensburg, PA 17257 PROPERTY ID NO.: 39-37-2092-088 TITLE TO SAID PREMISES IS VESTED IN BETH A. ALLEMAN, NOW KNOWN AS BETH A. FRENGEL, AND MICHAEL E. FRENGEL, HUSBAND AND WIFE BY DEED FROM BETH A. ALLEMAN DATED 1/02/2004 RECORDED 1/16/04 IN DEED BOOK 261 PAGE 1499. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-946 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-2 Plaintiff (s) From BETH A. ALLEMAN N/K/A BETH A. FRENGEL AND MICHAEL E. FRENGEL (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$167,698.37 L.L. $.50 Interest FI20M 3/25/09 TO DATE OF SALE SEPTEMBER 2, 2009 -ONGOING PER DIEM OF $35.03 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,674.86 Atty's comet Atty Paid $181.90 Plaintiff Paid Date: March 24, 2009 (Seal) Due Prothy $2.00 Other Costs Cu tis R. Long, on tar By: Deputy REQUESTING PARTY: Name ALAN M. MINATO, 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. 75860 Real Estate Sale # On April 30, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 7 Independence Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Apri130, 2009 By: ~' Real Estate Coordinator ~~ ~ '~~ - a ~~, .:._ _ _ ~ fihe Patriot-News Co. 81 Z Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~lahiot Neu~s 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 char ~c' r of publication are true; and That c,,~ 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. PUBLIC ^TION COPY This ad ran on the date(s) shown below: 07/24/09 ~ 07/31/09 08107/09 1, / /f Sworn to and subs ribed before me this 'C4 da,~ of August, 2009 A.D. ._. ~~/ -- ,.- ~ -----.~_ Notary Public COMMONWEALTH OF PENNSYLVANfA Notarial Sea! Shemo L. Ksner, Notary f ublic City OF Hartisbur~, Dauphin Courriy MY Comnmission i~xpireaa Nov. 26, 2011 Member, Pertnaylvanle Aasa;latfon nt Notaries Sals No. 9 Wrft No. 2009-548 Clvil Term Deutsche Bank National Trust Company as Trustee under NOYASTAR Mortgage Funding Trust, Series 2007-2 vs. Beth A Alleman n/k/a Beth A. Frenget Michael E Frenget Atty: Alan Minato ALL THE FOLLOWING DESCRffiED REAL 'ESTATE, TOGETHER WITH ..IMPROVEMENTS THEREON ERECTED, LYING, AND BEING IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WTT: BEGINNING AT A POINT ON THE NORTHERLY EDGE OF INDEPENDENCE DRIVE AT CORNER OF LOT B-22 ON THE JIEREINAFCER REFERRED TO PLAN OF LOTS; THENCE BY SAID LOT B-22, NORTH 33 DEGREES 36 MINUTES 58 SECONDS EAST, 125 FEET TO A POINT AT CORNER OF OTHER LANDS NOW OR FORMERLY OF J. GARY RIME AND VIRGINIA B. RINE, ' HIS ,WIFE; THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF J. GARY RINE AND VIRGINIA B. RINE, HIS WQ•'E, NORTH 65 DEGREES 39 MINUTES. 29 SECONDS EAST, 64.28 FEET TO A CONCRETE MONUMENT; THENCE BY 'THE SAME, NORTH 21 DEGREES 2 MINUTES 45 SECONDS WEST 68.52 FEET TO A POINT AT CORNER OF LOT A-1 ON SAID PLAN OF LOTS; THENCE BY SAII) LOT A-2, SOUTH 33 DEGREES 36 MINUTES 58 SECONDS WEST, 139.86 FEET TO A POINT ON THE NORTHERLY EDGE OF INDEPENDENCE DRIVE, NORTH 56 DEGREES 23 MINUTES 2 SECONDS WEST, 90 FEET TO A POINT, THE PLACE OF BEGINNING. CONTAINING 14, 117 SQUARE FEET. BEING LOT A-1 ON SUBDMSION PLAN PREPARED BY CARL D. BERT DATED JUNE 26, ]998, ENTITLED "LAND SUBDIVISION FOR RINE ESTATES, PHASES 1 AND IT' AND RECORDED IN CUMBERLAND COUNTY, PENNSYLVANIA PLAN BOOK 77, PAGE 64. SUBJECT TO _ THE PROVISIONS OF THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR RIME ESTATES SUBDIVISION, PHASES I AND II, DATED OCTO$ER 22, 1998, AND RECORDED IN CUMBERLAND COUNTY, PENNSYLVANIA, BOOK 590, PAGE 1071. Being known as 7 Independence Drive, 5hippensburg, PA ] 7257 Property ID No: 39-37- - 2092-088 Title to said premises is vested in Beth A. Alleman, now known as Beth A. Frenget, and v i Michael E. Frenget, husband and wife by deed from Beth A. Alleman, Dated 112/2004, Recorded 1liC>I04 in deal book 261 page 1499. PROPERTY ADDRESS: 7 Independence Drive, Shippensburg, PA 17251 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 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, E~itor SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NUTARl.AL SEAL DEBORAH A COLLINS Notary Public CARLISLE BGRO, CUfV!BERLAND CUUNi'( My Commissicn Expires Apr :?3, 2bld REAL ESTATE SALE NO. 1 Writ No. 2009-946 Civil Deutsche Bank National Trust Company as Trustee under Novastar Mortgage Funding Trust, Series 2007-2 vs. Beth A. Alleman n/k/a Beth A. Frengel, Michael E. Frengel Atty.: Alan Minato ALL THE FOLLOWING described real estate, together with improve- ments thereon erected, lying, and being in Southampton Township, Cumberland County, Pennsylvania, more particularly described as fol- lows, to wit: Beginning at a point on the northerly edge of Independence Drive at corner of Lot B-22 on the hereinafter referred to plan of lots; Thence by said Lot B-22, North 33 degrees 36 minutes 58 seconds East, 125 feet to a point at corner of other lands now or formerly of J. Gary Rine and Virginia B. Rine, his wife; Thence by said other lands now or formerly of J. Gary Rine and Virginia B. Rine, his wife, North 65 degrees 39 minutes 29 seconds Rast, 64.28 feet to a concrete monument; Thence by the same, North 21 degrees 2 min- utes 45 seconds West 68.52 feet to a point at corner of Lot A-1 on said plan of lots; Thence by said Lot A-2, South 33 degrees 36 minutes 58 sec- onds West, 139.86 feet to a point on the northerly edge of Independence Drive, North 56 degrees 23 minutes 2 seconds West, 90 feet to a point, the place of beginning. Containing 14,117 square feet. BEING Lot A-1 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Sub- division for Rine Estates, Phases 1 And II" and recorded in Cumberland County, Pennsylvania Plan Book 77, Page 64. Subject to the provisions of the Declaration of Covenants and Restrictions for Rine Estates Subdivi- sion, Phases I and II, dated October 22, 1998, and recorded in Cumber- land County, Pennsylvania, Book 590, Page 1071. Being known as: 7 Independence Drive, Shippensburg, PA 17257. Property ID No: 39-37-2092- 088. Title to said premises is vested in Beth A. Alleman, now known as Beth A. Frengel, and Michael E. Frengel, husband and wife by deed from Beth A. Alleman, Dated 1/2/2004, Recorded 1 / 16/04 in deed book 261 page 1499. PROPERTY ADDRESS: 7 Inde- pendence Drive, Shippensburg, PA 17257. 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 National Trust :COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE v. Beth A. Alleman n/k/a Beth A. €NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $167,698.37 Interest From 03/25/2009 18,670.99 to Date of Sale September 8, 2010 Ongoing Per Diem of 35.03 to actual date of sale including if sale is held at a later date (Costs to be added) $ ~a~-U C~ f C~ 1y~{~ UD OFFICES, . C. gv - C'os-~ a ~,IG . BY: 1 i L .bU _ ~~ ~ ~ or Plaintiff Q $~, 48 "' ~' ~~ MARK J. STUART UDREN,-- UIRE WINNEG, ESQUIRE ~~ ~~ SU ~- ~f $ LORRAIN E DOYLE, ESQUIRE I~ , ALAN M. MINATO, ESQUIRE '~ lY-vu CHANDRA M. ARKEMA, ESQ~REv << ~,.. , f 3 8 - 0 ~~ [ ~_ r. _ ~^.- . . V j fi ; i'_._ -, ~ . O D .~ C y~ '.'G 4 ~7 ... ,,,` CI~'I 1 sU~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-946 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-2, Plaintiff (s) From BETH A. ALLEMAN N/K/A BETH A. FRENGEL AND MICHAEL E. FRENGEL (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 $167,698.37 L.L. Interest FROM 3/25/2009 TO DATE OF SALE 9/8/2010 -ONGOING PER DIEM OF $35.03 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $18,670.99 Atty's Comm Atty Paid $1160.38 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JUNE 9, 2010 el , rothonotary (peal} By. REi~UES ~ ir1G PARTY: Name. li'IARI J,. UI~IZEN, ESQUIRE. Address: UD~tEN L.AW OFFICES, P.C. WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Deputy Telephone: 856-669-5400 Supreme Court ID No. 04302 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 National Trust :COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff 'MORTGAGE FORECLOSURE v. Beth A. Alleman n/k/a Beth A. 'NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant(s) C E R T I F I C A T E n ~ _ =Ei ~ ~' ---~ ~',~ t.:. ~.~ ..... ~--- C_Y ~:i~ ~! Ti d': 1~ - . ; -_ mac.. , , - ~ t_._ ; c "mow ~. ' 4 I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: ainti_f f MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ' UDREN LAW OFFICES, P.C. ATTORNEY y 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 pleadingsC~udren.com FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under =CIVIL DIVISION NovaStar Mortgage Funding =Cumberland County Trust, Series 2007-2 Plaintiff `MORTGAGE FORECLOSURE v. Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 C> ~ L o -ti ~~.. .~ ~ ~-~ .^ W -- = ~' C• rte ~ . ~ ..... _., ~J .. j~'' Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2, 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: 7 Independence Drive, Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Beth A. Alleman 7 Independence Drive n/k/a Beth A. Frengel Shippensburg, PA 17257 Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 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 Asset Acceptance LLC 28405 Van Dyke Avenue Warren, MI 48093 • 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank National 4708 Mercantile Drive Trust Company, as Trustee Fort Worth, TX 76137 under NovaStar Mortgage Funding Trust, Series 2007-2 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 7 Independence Drive Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 4, 2010 UDREN , v . '-. Attorneys~zsr-cif f MARK J. UDREN, ESQUIRE STUART WTNNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com D FOR PLAINTIFF eutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding =Cumberland County Trust, Series 2007-2 Plaintiff €NO. 09-946 Civil Term v. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel PROPERTY: 7 Independence Drive Shippensburg, PA 17257 Improvements: RESIDENTIAL DWELLING ~ ~~-' ,. o - r~ --3 rTi~ G.. ~ ~;;__ ~ r is - ~,.. ~ The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 8, 2010, at 10:00 A.M., 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. 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 pleadingsCudren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding =Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE n o v . ~ `, `'~ ter ~ c_._ ` _ Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term "= -. ~~ r f r, ~ ~ Frengel ~, .r,, Michael E . Frengel ~='- -- Defendant (s) ~'~„ ~ _- . ~;._ , -• NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ .~.. =K TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Your house (real estate) at 7 Independence Drive, Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,698.37, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i YOU MAY STILL BE ABLE TO SAVE YOUR. PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOII SHOIILD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOII DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OIIT 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 pleadingsC~udren.com Deutsche Bank National Trust €COURT OF COMMON PLEAS Company, as Trustee under 'CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County r,`, Trust, Series 2007-2 C Plaintiff ?MORTGAGE FORECLOSURE ~~, o -.~ V. ~1'pr•-. C' ;iii J .... f ~ i Beth A. Alleman n/k/a Beth A. €NO. 09-946 Civil Term ~.~. `~° } _-, .. Frenge l - `- - ;- =° -;.; Michael E. Frengel Wit-, --- ~=,~; Defendant (s ) ~ ~- '-{ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 Your house (real estate) at 7 Independence Drive, Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $167,698.37, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) -YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. 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 HAYS 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 + IIDRSN LAW OFFICES, P.C. MARK J. IIDRSN, ESQIIIRS - ID #04302 STIIART WINNEG, SSQIIIR,S - ID #45362 LORRAINS DOYLE, SSQIIIRS - ID #34576 ALAN M. MINATO, SSQIIIRE - ID #75860 CIiANDRA M. ARKSMA, ESQIIIRS - ID #203437 ADAM L. 1CAYSS, SSQIIIRS - ID #86408 MARGIIERITS L. THOMAS, SSQIIIRS - ID #204460 WOODCRSST CORPORATE CENTER 111 WOODCRSST ROAD, 3IIITS 200 CHERRY HI~,L, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff v. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant (s ) ATTORNEY FOR PLAINTIFF ~..~. ''JUI,3o f1~t 3~3N r ; ... e COURT OF COMMON PLEAS :CIVIL DIVISION ;Cumberland County ENO. 09-946 Civil Term AFFIDAVIT OF SERVICE PIIRSIIANT TO Pa.R.C.P.RIILS 3129.1 Plaintiff, by its/his/her Attorney 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 21, 2010 LAW OFFI , BY: Attorneys for P intiff ~` MARK , STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE / ALAN M. MINATO, ESQUIRE/ CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE IIDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. IIDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, LSQIIIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQIIIRE - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust :COURT OF COMMON PLEAS Company,. as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff :MORTGAGE FORECLOSURE v. Beth A. Alleman n/k/a Beth A. NO. 09-946 Civil Term Frengel Michael E. Frengel Defendant (s ) AMENDED AFFIDAVIT PIIRSIIANT TO RIILE 3129.1 Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2, 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: 7 Independence Drive, Shippensburg,- PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 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 Asset Acceptance LLC 28405 Van Dyke Avenue Warren, MI 48093 Arrow Financial Services, LLC P.O. Box 2041, Warren, MI 48090 5996 West Touhy Avenue, Niles, IL 60714 c/o Frederic I. Weinberg, Esquire c/o Joel M. Flink, Esquire 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 c/o Philip C. Warholic, Esquire 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank National 4708 Mercantile Drive Trust Company, as Trustee Fort Worth, TX 76137 under NovaStar Mortgage Funding Trust, Series 2007-2 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 7 Independence Drive Shippensburg, PA 17257 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: July 21, 2010 UDREN LAW O A torneys f Plaintiff -s i D ~ ESQUIRE STUART WINNEG,~E LORRAINE DOYLE, ESQUIRE,/ ALAN M. MINATO, ESQUIRE V CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 Plaintiff v. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-946 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Beth A. Alleman n/k/a Beth A. Frengel and Michael E. Frengel PROPERTY: 7 Independence Drive, Shippensburg, PA 17257 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 8. 2010, at 10:00 A.M., 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 fled thereto within 10 days after the filing of the schedule. 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O ~~~~ o, y v fD > > a, c ~' ~ ~m m W ~• O O N O ~ ' ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~ Ronny R Anderson Sheriff ~~tr of +~e;wnbrr~ Jody SSmith Chief Deputy ~Q ~b -~ '~`' Richard W Stewart SOI1CltOf oFF~CE f)F THE SMERlFF Deutsche Bank National Trust Company vs. Beth A Alleman (et al.) Case Number 2009-946 SHERIFF'S RETURN OF SERVICE 06/23/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 1405 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 Beth A. Alleman 8~ Michael E. Frengel, located at, 7 Independence Drive, Shippensburg, Cumberland County, Pennsylvania according to law. 06/25/2010 10:21 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Beth A. Alleman, by making known unto, Beth A. Alleman, personally, at, 17 Independence Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/25/2010 10:21 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1010 hours, he served a true copy of the within Reai Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Micheal E. Frengel, by making known unto, Beth A. Alleman, wife of defendant, at, 17 Independence Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $908.42 July 01, 2010 SO ANSWERS, .Y.1~' RON R ANDERSON, SHERIFF ~iB1re (c) Co~mtySuite Sheriff. Teleosoff, Inc. t DEC 0 7 mo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 'NO. 09-946 Civil Term Plaintiff v . ?.S7 Beth A. Alleman n/k/a Beth A. E° -+ Frengel 3 -` Michael E. Frengel Defendant(s) co, r ? q', 0 R D E R > C-) z r /? m- o ?; c u? m AND NOW, this day of December, 2010, after ;z consideration of Plaintiff's Petition for Postponement of `o -< Sheriff's Sale of the mortgaged property located at 7 Independence Drive, Shippensburg, PA 17257, it is hereby ORDERED that the said Sale currently scheduled for December 8, 2010, is extended 2 (two) month(s) to the regularly scheduled Cumberland County Sheriff's Sale scheduled for February 2, 2011. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced_at_.,tthe December 8, 2010 Sheriff's Sale. Big COURT : TO Seth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 ,,--?dren Law Offices, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 120E t ,P , rrLC1 L C61-L J. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udxen .com Deutsche Bank National Trust :COURT OF COMMON PLEAS _ X "- --s Company, as Trustee under ;CIVIL DIVISION U ! NovaStar Mortgage Funding ;Cumber land County T y7Q rn ?? ran Trust, Series 2007-2 - i :;OLD ,a Plaintiff ? C -?o v Beth A. Alleman n/k/a Beth A NO. 09 -946 Civil Term ) ? < ? C . Frengel (3 ) Michael E. Frengel s Defendant(s) PETITION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, petitions the Court for a 2 (two) month postponement of the Sheriff's sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's sale of the mortgaged property involved herein, located at 7 Independence Drive, Shippensburg, PA 17257 was originally scheduled for September 8, 2010, then postponed to October 6, 2010, due to pending forbearance agreement, then postponed to December 8, 2010, then postponed to February 2, 2011. 2. The Plaintiff now seeks the postponement of the Sheriff's sale 1 (one) month to allow time to further complete mortgage loan account review. 3. Pursuant to local rule the defendant(s) are unrepresented by counsel and plaintiff has no manner in which to seek concurrence except by mail. 4. No Judge has been assigned to this matter. WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff's sale of the mortgaged property be postponed to the March 2, 2011 Sheriff's sale. Respectfully submitted, r y. ..Nathan C . Wp3 f , Esquire Local Counsel L' UDREN LAW OFFICES, P.C. BY: .., Attorney Alan M. Minato, Esquire PA ID 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Deutsche Bank National Trust =COURT OF COMMON PLEAS Company, as Trustee under ;CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff v. :NO. 09-946 Civil Term Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for the postponement of a Sheriff's sale. In the present matter, the sale has been previously postponed. Plaintiff now seeks an additional postponement to allow time to further complete mortgage loan account review. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale more than once, and without new notice, by Special order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests continuance of the Sheriff's Sale of the mortgaged premises, located at 7 Independence Drive, Shippensburg, PA 17257, to the March 2, 2011 Sheriff's sale as set forth in the Motion. Respectfully submitted, UDREN LAW OFFICES, P.C. N -- ` BY ? Natha Wolf, Esquire Attorney for"Plain-t_iff Local Counsel _..._____..._.._..... - Alan M. Minato, Esquire PA ID 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOO DCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Deutsche Bank National Trust ;COURT OF COMMON PLEAS Company, as Trustee under ;CIVIL DIVISION NovaStar Mortgage Funding ;Cumberland County Trust, Series 2007-2 Plaintiff V. NO. 09-946 Civil Term Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of the attached Petition for Postponement of Sheriff's Sale was served upon the following person(s) named herein at their last known address or their attorney of record by: xxxx Regular First Certified Mail Other Date Served: February 1, 2011 TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Natha olf, Esquire Local 60unsel Class Mail Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 UDREN LAW OFFICES, P.C. _,. By: Attorney °f `or -P- ai:nt i f f Alan M. Minato, Esquire PA ID 75860 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION FEB 012011 Deutsche Bank National Trust Company, as Trustee under -?a NovaStar S Mortgage Funding ries 2007-2 NO. 09-946 Civil Term rn ? rn Co -n --? Trust, e Plaintiff M m -cy V. cr' ?° p Beth A. Alleman n/k/a Beth A. Frengel =: C:)-n Michael E. Frengel . r C Defendant (s) C R D E R -?? AND NOW, this ( d ay of February, 2011, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 7 Independence Drive, Shippensburg, PA 17257, it is hereby ORDERED that the said Sale currently scheduled for February 2, 2011 is extended 1 (one) month to the regularly scheduled Cumberland County Sheriff's Sale scheduled for March 2, 2011. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced at the Febru 20 Sheriff's Sale. THE COUR . J. TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 Michael E. Frengel , 7 Independence Drive Shippensburg, PA 17257 all Udren Law Offices, P.C. ill Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department Office of the Sheriff " L"ya UJOdkfiJ 'b Sk4VV Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.c om F-0 Deutsche Bank National Trust ;COURT OF COMMON PLEAS _;? -- --; Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 ? Plaintiff .o v. NO. 09-946 Civil Term . Beth A. Alleman n/k/a Beth A. . Frengel s , Michael E. Frengel Defendant (s) PETITION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, petitions the Court for a (1) one month postponement of the Sheriff's sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's sale of the mortgaged property involved herein, located at 7 Independence Drive, Shippensburg, PA 17257 was originally scheduled for September 8, 2010, then postponed to October 6, 2010, due to pending forbearance agreement, then postponed to December 8, 2010, then postponed to February 2, 2011. 2. The Plaintiff now seeks the postponement of the Sheriff's sale (1) one month to allow time to further complete mortgage loan account review. 3. Pursuant to local rule the defendant(s) are unrepresented by counsel and plaintiff has no manner in which to seek concurrence except by mail. 4. The Honorable Edward E. Guido, was assigned to this matter and granted Plaintiff's order to Postpone Sheriff's sale to March 2, 2011. WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff's sale of the mortgaged property.be postponed to the April 6, 2011 Sheriff's sale. Respectfully submitted, UDREN LAW OFFICES, P.C. BY: DI&AnALinhu,? N-gEhan olf, Esquire Attorney for Plaintiff Local Counsel OWpk ft M. Arkema, Esquits PA ID 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Deutsche Bank National Trust COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff V. NO. 09-946 Civil Term Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for the postponement of previously postponed. Plaintiff now seeks an additional a Sheriff's sale. In the present matter, the sale has been postponement to allow time to further complete mortgage loan account review. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sheriff's sale, a postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale more than once, and without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests continuance of the Sheriff's Sale of the mortgaged premises, located at 7 Independence Drive, Shippensburg, PA 17257, to the April 6, 2011 Sheriff's sale as set forth in the Motion. Respectfully submitted, than f, Esquire Local Co sel UDREN LAW OFFICES, P.C. BY: 0 r) k IN, Attorney for Plaintiff Chl"ft M. ArkOM, Esquire PA ID 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Deutsche Bank National Trust -COURT OF COMMON PLEAS Company, as Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2007-2 Plaintiff V. NO. 09-946 Civil Term Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of the attached Petition for Postponement of Sheriff's Sale was served upon the following person(s) named herein at their last known address or their attorney of record by: xxxx Regular First Class Mail Certified Mail Other Date Served: March 1, 2011 TO: Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shippensburg, PA 17257 ?1. Nathan C &Wolf, Esquire Local Counsel Michael E. Frengel 7 Independence Drive Shippensburg, PA 17257 UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff C?*'ndra M. Arkema, Esquire PA ID 20343 7 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee under NovaStar Mortgage Funding Trust, Series 2007-2 NO. 09-946 Civil Term Plaintiff V. Beth A. Alleman n/k/a Beth A. Frengel Michael E. Frengel Defendant(s) O R D E R .0 7? AND NOW, this t day of March, 2011, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 7 Independence Drive, Shippensburg, PA 17257, it is hereby ORDERED that the said Sale currently scheduled for March 2, 2011 is extended (1) one month to the regularly scheduled Cumberland County Sheriff's Sale scheduled for April 6, 2011. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced at the March 2, 2011 Sheriff's Sale. . BY THE CO Edward E. Guido J. TO:? Beth A. Alleman n/k/a Beth A. Frengel 7 Independence Drive Shi ensbur PA 17257 - a Michael E. Frengel r 7 Independence Drive Shippensburg, PA 17257a '/ Udren Law Offices, P. C. c.? 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department ? Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Ma,. I ew 3I11n R4^-