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HomeMy WebLinkAbout11-1013 UDREN LAW OFFICES, P.C. 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 for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 1661 Worthington Road, #100 West Palm Beach, FL 33409 Plaintiff V. Norman L. Shirk Brianne M. Shirk 638 Knapps Lane Dauphin, PA 17018 Defendant(s) . ? r fKA, -a •F? c.D - [? 7 tJ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO.0b'1-- )V)3 COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 awk ox 60 Au e*ass V-4,0 )5 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) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la torte 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 DENANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. Current assignments of mortgage of record are as follows. Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement Dated as of June 1, 2007 EquiFirst Loan Securitization Trust 2007-1 Mortgage Pass- Through Certificates Series 2007-1 Recording Date: 12/15/08 Document No: 20083:9655 Plaintiff is in the process of formalizing the assignment of mortgage in its favor 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. The loan terms were modified in accordance with the terms set forth in Exhibit "A" 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: 25 Carlisle Road MUNICIPALITY/TOWNSHIP/BOROUGH: West Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 12/27/06 DATE RECORDED: 1/2/07 BOOK: 1977 PAGE: 4785 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/26/11: Principal of debt due $112,727.81 Unpaid Interest at 6.00o* from 4/1/10 to 1/26/11 (the per diem interest accruing on this debt is $18.51 and that sum should be added each day after 1/26/11) 5,503.01 Title Report 300.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $177.73 and that sum should be added on the first of each month after 1/26/11) 1,107.01 Late Charges (monthly late charge of $37.13 should be added in accordance with the terms of the note after 1/26/11) 259.91 Property Inspection 31.50 BPO 111.00 Prior Servicer Fees 140.84 Attorneys Fees (anticipated and actual to 5% of principal) 5,636.39 TOTAL $126,097.47 *This interest rate is subject to adjustment as more fully described in the note and mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "B", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $126,097.47 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. S, P.¢. BY: 9 At-t me or intiff "M iY?NEt L Thomas, Esquire P!A ID 204460 Exhibit A ALL that certain tract atLead skmate is the Townd4 of West Paesaobw% CsmAkriand Cmu% Pmoeylvam* being Let No.11 In BIB 2 in Bid Spring Hems !fn of Lots bid oat by Andrlwr MtZlwab4 said Phis bdog recorded In the Raeordtr's Moe and daseriised as floilews: ON the Sorb by the cancrale road leading from Newritle ID Carlift am the West by Lot No. 10; on the Nwlh by hard am or fa mma ly of Andrew Md Owais oa die East by Lot No. 12; having a its+eshts W and the concrete rand of Sly-ame (51) feed and sit (6) [aches and a depth of twee hundred aigityr-Saar (3$4) fat. BK I977PG480t Prepared by and return to. Account Number: 0000326423274 HomEq Servicing Record Number: 28793 Attn: Mod Imaging-CA3507 06/1612009 4:04:09 PM 4837 Watt Avenue North Highlands, CA 95660 Modification Agreement This Modification Agreement ("Agreement") is made and entered into as of this 10^ day of June, 2009 by and between HomEq Servicing ("HomEq") and NORMAN L SHIRK (`Borrower") WHEREAS, HomEq is the holder or servicing agent of the holder of that certain Promissory Note ("Note'? dated as of 12/27/2006, executed by Borrower or Borrower's predecessor-in-interest in the original principal amount of $107,100.00. WHEREAS, the Note evidences a loan ("Loan") to Borrower or Borrower's ptdecessor-in-interest and is secured by either a deed of trust or mortgage ("Security Instrument") dated as of 12627/2006. The Security Instrument encumbers certain real property ("Property") owned by Borrower (and is more specifically described in the Security Instrument). WHEREAS, due to adverse economic circumstances, Borrower has requested that HomEq adjust the terms of the Note to permit Borrower to meet Borr'ower's Loan obligations in a full and in a timely manner. WHEREAS, the requested adjustment will benefit all parties to the Loan and any junior lien holder by providing the Borrower an opportunity to meet the Loan obligations in a manner intended to help the Borrower avoid default on the Loan and the necessity of foreclosure on the Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is herebyaclmowledged, the parties agree as follows: 1. NOTE MODIFICATIONS: (a) Outstanding Debt: Borrower agrees that the unpaid principal balance due on the Note of $105,802.53 shall be adjusted to $120,015.73 ("New Balance"), to reflect the amount of unpaid interest, late charges, fees and costs, advances for unpaid property taxes and/or insurance premiums (if applicable), less any amounts forgiven or deferred, as reflected on Attachment `A'. Should estimated deposits for unpaid property taxes or insurance premiums exceed the actual amounts required, the overage will be applied to reduce the New Balance. Borrower agrees to pay the New Balance to HomEq and has no defenses, claims or offsets with respect thereto. Interest will accrue on the New Balance at the interest rates, whether adjustable, variable or fixed, provided in the Note, unless modified by this Agreement. (b) New Interest Rate: Effective on 06101/2009, Borrower's rate of interest will be 6.000%. The date on which the interest rate change is next scheduled to occur is hereby changed to 0610112014. Subsequent interest rate changes will resume based on the frequency provided for in the Loan documents. (c) New Monthly Payments: Payment Adiustments: Effective with Borrower's monthly payment due 07101/2009, Borrower's monthly Loan payment will be 5742.56. This payment amount does not include additional amounts which may also be due for the payment of taxes and insurance premiums. The taxes and insurance payment amount will be due monthly, together with Borrower's scheduled Loan payment. Borrower agrees that a full payment hereunder and with respect to the Loan shall only be deemed to have been made when funds remitted include the required scheduled Loan payment and monthly portion of taxes and insurance premiums. The monthly payment will adjust in the month following any interest rate change, if applicable. m326423274m¦miii 13mv_Mod_Agreeaient -Rev 5.29.09 Page 1 EXHIBIT A Account Number: 0000326423274 Record Number: 28793 06/16/2009 4:04:09 PM (d) Interest Rate and Payment Changes: Borrower's monthly payment and interest rate remains subject to change during the modification term, as long as the change results in an interest rate that is lesser or equal to the New Interest Rate. Should this condition occur, interest rate and payment changes will take place based on the time frames contained in the original loan documents. A notice of payment change will be sent before the change takes place. 2. ESTABLISHMENT OF IMPOUND/ESCROW ACCOUNT: Borrower acknowledges that HomEq will establish an impound/escrow account for the collection of property taxes and insurance premiums if such account is not currently in existence. Borrower has been notified of the estimated initial monthly amount that will be due for taxes and insurance and will be notified promptly after execution hereof of the final monthly amount that will be due for these items, if different The Borrower will be notified of any subsequent changes as they occur. 3. NO OTHER CHANGES: Except as expressly adjusted by this Agreement, all of the covenants, agreements, stipulations and conditions in the Note and the Security Instrument remain unmodified and in full force and effectwithout any defense, counterclaim, right or claim of set-off. None of Borrower's obligations or liabilities under the Security Instrument shall be diminished or released by any provisions herein, nor shall this Agreement in any way impair, diminish, or affect any of the Borrower's rights or remedies in the Security Instrument, whether such rights or remedies arise herein or by operation of law. 4. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties regarding the subject matter hereof. Except as otherwise provided herein, this Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, of the parties hereto, relating to the Note and Security Instrument 5. VOLUNTARY EXECUTION: Borrower is encouraged to review this Agreement with his/her legal advisor prior to signing it, but by signing below Borrower acknowledges and agrees that:Borrower has voluntarily signed this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Modification Agreement as of the date first above written BORROWER Signature: Date: Name: NORMAN L SHIRK BORROWER Signature: __ Name: BRIANNE M SHIRK Date: HOMEQ SERVICING Signature: Date: Name: Title: Umv_Mod_Agroement - Rev 5.29.09 Page 2 December 1.3, 2010 ACT 91, NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on -your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with -you when you meet with the Counseling As!2M . The name, address and vhone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-180). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT B HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Brianne M. Shirk _Norman L. Shirk 25 Carlisle Road Newville, PA 706266954 EquiFirst Corporation Deutsche Bank National Trust Company _ ____ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND . HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR. MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELLNG AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling ggencies for the count in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 25 Carlisle Road Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $920.29 for Mai 1 2010 through December 1, 2010_= $736232 Monthly Late Charges of $37.13 for May 1t 2Q10 thron8h November 1, 2010 = $259.91 TOther charges (explain/itemize): ^WEscrow Advance=$1107.01 BPO=$111.00 Property Inspection=$21.00 Prior Servicer=$140.84 TOTAL AMOUNT PAST DUE: .__ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9002.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hil ?NJ 08003-3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.): N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged vro arty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pav attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so byp"g the total amount then past due plus any late or other chars then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing ,by the lender and by performing any other requirements under the Mort gage. Curing your default in.the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender(Servicer: Ocwen Federal Bank ?- Address: 12650 Ingenuity Drive _Orlando, Phone Number: 1-877-596-8580_ Fag Number: 1407-737-5693 Contact Person: Customer Service E-Mail Address: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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) 664-5400 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Cumberland County HEMAP Consumer Credit Counseling Agencies CUMBERLAND County j Report last updated: 101151200710:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captiai Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Phiiadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 a Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse too that we can return the card to you. ¦ Attach this card to the back of the mallplece, or on the front It space permits. 1. Article Addressed to: Sh, r Y -7 /Ve t-) V I: I i e, P z 2. Article Number (Aawfer from sandce tabe?) .7010 Ps Form 3811, February 2004 Do A. signature 13 Agent x ? Addressee B. Received by (Pdnted Nana) C. Date of Delivery D. Is delivery address different from item 17 13 Yes If YES, enter delivery address below: El No 3. ice Type Cer"fie TM Mail ? Matt Receipt for Merchandise . E3 Registered FOD. ? Insured mail ? 4. Restricted Deliver(? (Extra Fee) ? Yes 1870 0003 2755 9759 mestic Return Receipt 1c2595 o2-M-t5ao UDREN LAVA{ OFFICES --- - u u 111 VvCi?aU?;;? CHERRY HILL, 14J OE ?26 4)4J 16H,266, ici<'a 1 s 05-710 1/11/2010 o8 .4.5 U .... r6i,STA,OE f Complete items 1, 2, and 3. Also complete A Signature Item 4 if Restricted Deilvery Is desired. O Agent x ¦ Print your. name and address on the reverse O Addressee . so that we can return the card to you. M Attach this card to the back of the maiiptece, B. Received by (Printed Name) C. Date of Delivery or on the front If space permits. 1. Article Addressed to: D. Is deliveryaddress different from item 7? Oyes If YES, enter delivery address below: O No 8nPP? ?n? 8. ceType OeMed Mali ,? impress Mail ? Re istered ] r t fo M R i h di 7 ! V g ^ - + ece p r erc se . an L7 insured mail 13 C.O.D. C.O. 4. Restricted Delivery? aDrtra Fee) O Yes z. Article Number 7010 1870 0003 2755 9766 nice /abeQ- (liarrsfe?'rivm se ?__..- - ..- ------ Ps Form 3811, February 2004 Domestic Retum Receipt 1c2sgs.c2-MZO i ... ___?. -u a_ u ?ur_ UDREN LAW OF -17? WOODCRESS k"(')f pi- DtC/°, CHERRY HILL, PJ,f C l ! es ?r?? ? r d Z?76I }.. i?rs t t lei 12 k z (}fit\>iii ? ?z(1?; 1o (16 (." (' ?-/ tzr'-f` ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 41f Restricted Delivery is desired. ? Agerit 0 Print your name and address on the reverse x ? Addressee 9o that we can return the card to you. B. Received by (Printed Akm) 'C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to D. Is delivery address different from Rem 1? ? Yes n If YES, enter delivery address below: ? No AO O tq lop 3 L 3. Type CarHfted Mall ? Mail Registered Retum Receipt for Merchandise We" f? (?p fr' 170 / C] Insured Mail ? C.O.D. 4. Restricted Delivery? OWty Fee) ? Yes 2. Article Number 7 010 1870 0003 2755 9773 (13ansfer firm Service /abeij _._?_... _...... `.. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-rat-1540 UDREN LAW OF!".7-r WOODCREST CORPOR, 111 WOODCREST CHERRY HILL, NJ ? J 3 D4uphr)i cif 17vi? k?F t 05, ,jo liaeT! F?BUt:!;? L?Ci:S'I .GE Ocwen Loan Servicing, LLC P.O. Box 24737 '•°-................. West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address) W W W.OC WEN.COM October 01, 2010 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515136399614 Reference Code: 1005 Norman L. Shirk 25 Carlisle Road Newville, PA 17241-0000 Loan Number: 706266954 Property Address: 25 Carlisle Road, Newville, PA 17241-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91.18 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 O'C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) WWVI.OCWEN.COM October 01, 2010 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the- Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (217) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help plain it You may also want to contact an attorn@y in your areA The local bar association may be able to heIvou find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Norman L. Shirk PROPERTY ADDRESS: 25 Carlisle Road Newville, PA 17241-0000 LOAN ACCT. NO.: 706266954 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.18 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt { Ocwen Loan Servicing, LLC P.O. Box 24737 O C W E N West Palm Beach, Florida 33416-4 73 7 (Do not send correspondence orpayments to the above address) WWW.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MA FUTURE MORTGAGE PAYMENT IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TE MPO RARY STAY OF F ORECLOSURE -Under t he Act, yo u are entitled to a te mporary stu of for eclosure on you r mo rtgage for thirty _(30) days from the date of this Notice D uring that tim e you m ust arra nge and att . end a "face- to-f ace" meeting with one of the consumer credit couns eling agen cies li sted at t he end of this N otice THIS MEETING MU ST O CCUR WITHIN T HE NEXT (30) DAYS. IF YOU DO NOT APPL Y FOR EMER GENCY M ORTGAGE ASS IST ANCE YOU MUST B iN YOUR MOR TGAGE U P T O DAT E. TH E PART OF THI S NOTICE CA i •ED "HOW TO CURE YOUR MORTG'AG'E DE FAiTi EXPL AINS H OW T O BRING YOUR M _ ORTGAGE UP TO D ATE. CONSUMER EDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone number of designated consumer credit counseling agencies for the county in which the propea is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.1 S This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 O-O W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) WW W.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to dato NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 25 Carlisle Road, Newville, PA 17241-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 5 payments in the amount of $ 920.29 from May 01.2010 through October 01. 2010 DETAIL SUMMARY : Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 3,712.80 $ 0.00 $ 888.65 $ 222.78 $ 0.00 $ 151.34 $ 0.00 $ 0.00 $ 4,975.57 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,975.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Mond Gram, Cashier's Check, Certified Check or Money Order made. payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you it not be required to pay attorney' fee OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURET F DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then. past due, _plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale a specified in writing by the lender and by performing any, other requirements under the mortt4age. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91 18 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC . P.O. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address) WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S ALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 877-596-8580 Fax Number: 407-737-5693 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.18 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt 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 make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents. The statements made in the foregoing pleading are true and correct to the best of his/her 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. FIgES, P. C. BY At n f r aintiff ElIcitft 10 204460 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 JEROME B. BLANK, ESQUIRE - ID #49736 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 for the :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, CD c?? W 2007 Equifirst Loan f p j3 Ivl? Securitization Trust 2007-1 : NO. '° `-' Mortgage Pass-Through Certificates, Series 2007-1 1661 Worthington Road, #100 West Palm Beach, FL 33409 Plaintiff V. Norman L. Shirk Brianne M. Shirk 638 Knapps Lane Dauphin, PA 17018 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel:. Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire; Chandra M. Arkema, Esquire; Adam L. Kayes, Esquire; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire and Jerome B. Blank, Esquire on behalf of the Plaintiff, Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 in the above-captioned matter. UDREN nFFFICCES, P.C. BY: ( fInjmv___1 ite 1. Thomas, EsqiA PA 10 204460 f 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 for the :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 NO. 2011-1013 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk Brianne M. Shirk Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: C"y rya ? =CD 3 ? C-) 5= err, •-C w Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: August 26, 2011 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff Daniek }.Si:_dlman, Esquire PA 1D 306534 E '- UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 nleadines(&udren.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the Pooling and Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-through Certificates, Series 2007-1 Plaintiff V. NORMAN L. SHIRK 25 CARLISLE ROAD NEWVILLE, PA 17241 BRIANNE M. SHRIK 25 CARLISLE ROAD NEWVILLE, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 20111013 VERIFICATION The undersigned states that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the 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: ?'lg 11/ 2tfVY?--- 9.:tie WMmhw1ng Company: and MJU #: 10110669 CASE #: 10110669-1 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 for the :CIVIL DIVISION Pooling and Servicing Agreement :Cumberland County dated as of June 1, 2007 Equifirst Loan Securitization =MORTGAGE FORECLOSURE Trust 2007-1 Mortgage Pass- Through Certificates, Series 2007-1 1661 Worthington Road, #100 West Palm Beach, FL 33409 Plaintiff V. Norman L. Shirk -NO. 2011-1013 Brianne M. Shirk - 16q BOln Mlou0pca E 638 Knapps Lane New it, PA t ?a y1 Dauphin, PA 17018 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: C"! N CD ?rn ' x? 'pm cnr N ?? --4 CD = -n c C)-n E) c- > c? ca a rn tv Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Norman L. Shirk and Brianne M. Shirk 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 01/27/2011 to 08/25/2011 Late charges per Complaint From 01/27/2011 to 08/25/2011 Escrow payment per Complaint From 01/27/2011 to 08/25/2011 TOTAL $126,097.47 3,905.61 259.91 1,244.11 $131,507.10 414.00 P D ATIN a2&.3 . Noire e k&ipd 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 OFFICES, P.C. BY: Attorneys for Plaintiff D f S S,e?n?cr.? r> DAMAGES ARE HEREBY ASSESSED AS DATE : a AR9111 INDICATED PRO P IIDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsQudren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for the €CIVIL DIVISION ` Pooling and Servicing ??C or) Agreement dated as of June 1, ;Cumberland County 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 1661 Worthington Road, #100 West Palm Beach, FL 33409 Plaintiff V. Norman L. Shirk Brianne M. Shirk ' NO. a0 ?? - IQ13 638 Knapps Lane Dauphin, PA 17018 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE 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, PP. 17013 800-99C-9108 Of k t4 *-r William T. Tully Solicitor t Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-b590 fax: (717) 255-2889 Jack Du' an Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DEUTSCHE BANK NATIONAL TRUST COMPANY VS BRIANNE M SHIRK Sheriffs Return No. 2011-T-0393 OTHER COUNTY INTO. 20111013 And now: FEBRUARY 3, 2011 at 1:26:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon NORMAN L SHIRK by personally handing to NORMAN L SHIRK 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 638 KNAPPS LANE DAUPHIN PA 17018 Sworn and subscribed to before me this 7TH day of February, 2011 -P*Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August t7,2014 So Answers, Sheriff of D phin Count?i, a. By Deputy She ff Deputy: G MILLER Sheriffs Costs: $68.5 2/2/2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t ??4 c;+t?G?rf?P Jody S Smith Chief Deputy - Richard W Stewart Solicitor `FCC OF THE 5?Knitr Deutsche Bank National Trust Company Case Number vs. Norman L. Shirk (et al.) 2011-1013 SHERIFF'S RETURN OF SERVICE 01131/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Norman L. Shirk, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/3112011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Brianne M. Shirk, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/03/2011 Dauphin County Return: And now, February 3, 2011 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Brianne M. Shirk the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Deputies were advised, Brianne M. Shirk currently resides in Newville, Pennsylvania. 02/0312011 01:26 PM - Dauphin County Return: And now February 3, 2011 at 1326 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant: to wit: Norman L. Shirk by making known unto himself personally, at 638 Knapps Lane, Dauphin, Pennsylvania 17018 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/07/2011 05:18 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2011 at 1718 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brianne M. Shirk, by making known unto herself personally, at 154 Bottom Hollow Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 02/07/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Norman L. Shirk, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Norman L. Shirk. Request for service at 25 Carlisle Road, Newville, Pennsylvania 17241 is currently for sale. The Newville Postmaster has advised, Norman L. Shirk's new address is 638 Knapps Lane, Dauphin, Pennsylvania 17018. SHERIFF COST: $111.60 SO ANSWERS, I?, February 10, 2011 RON R ANDERSON, SHERIFF 'c.' w:.rh:°=w ie oRe; dT, Iom i A(* q_( UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-54.00 #10110669-1 Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-.Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk Brianne M. Shirk Defendant(s) TO: Brianne M. Shirk 154 Bottom Hollow Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 2011-1013 Date of Notice: March 1, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTIFICACION IM_PORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER US-LED EN CORTE 0 ESCUCHAP. PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PAPA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LP_ OFICINA, CUYP. 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 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED--F{S$t THAT PURPOSE. Woodcrest Corporate Ill Woodcrest Road, E Cherry Hill, New Jersey Center 08003-3620 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 #10110669-1 Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk Brianne M. Shirk Defendant(s) TO: Norman L. Shirk 638 Knapps Lane Dauphin, PA 17018 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 2011-1013 Date of Notice: March 1, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER- IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICT_i1R SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS'DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS? TTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE FOR THAT PURPOSE. - ,.- PA uir8 Woodcrest Corp` e enter 111 Woodcrest Road, Sui 0 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. 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 for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 1661 Worthington Road, #100 West Palm Beach, FL 33409 Plaintiff V. Norman L. Shirk 638 Knapps Lane Dauphin, PA 17018 Brianne M. Shirk 154 Bottom Hollow Road Newvile, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 2011-1013 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states, upon information and belief, that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Defendant: Age. Residence: Employment: Norman L. Shirk Over 18 As captioned above Unknown Brianne M. Shirk Over 18 As captioned above Unknown This statement is made subject to the penalties 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Name: Title. Company: Davie; S. S e man, sq«;; PA 11) 306534, 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 for the : CIVIL DIVISION Pooling and Servicing : Cumberland County Agreement dated as of June 1, C-) CD -q 2007 Equifirst Loan : MORTGAGE FORECLOSURE --u3 -= --i Securitization Trust 2007-1 M C Mortgage Pass-Through X = Certificates, Series 2007-1 Qo Plaintiff C V ? A s =-n Norman L. Shirk : NO. 2011-1013 2ta 3? _ x orn Brianne M. Shirk Defendant(s) LO PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $131,507.10 Interest From 08/26/2011 1,925.04 to Date of Sale 12/7/2011 Ongoing Per Diem of 18.51 to actual date of sale including if sale is held at a later date (Costs to be added) $ s *aq.oo Po ATrY 111.!010 CBr 901.00 UDREN LAW OFFICES, P.C. 14-001- -? aye. ? o - Po ?y BY: Attorneys for Plaintiff Daniel S. Siedmr:an, Lsc! PA ID 306534 .?a.oo ?ueCo s0 U. C4 l4 78A p-t ab3409 E 061 4MI I/ 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@uiren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for the :CIVIL DIVISION Pooling and Servicing =Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan :MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through 3 C Certificates, Series 2007-1 -n _ Plaintiff z? GC-3 -uurn v V. cn .?A ©© Norman L. Shirk :NO. 2011-1013 ?o sa. x° Brianne M. Shirk zc X? Defendant (s) 3> ' ern CERTIFICATE TO THE SHERIFF w a I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclo sure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY:7? Attorneys for Plaintiff Daniei S. Siedman, p= GQ Pal ID 3C<<_" 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 for the :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan :MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk :NO. 2011-1013 Brianne M. Shirk Defendant(s) C E R T I F I C A T E (-) C N ° MCO c s fi r- c-.) r" -cm :;Q r M `a ?O r - c c' =C y. C:) -q n ? CD 3 -a ra ? 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 36 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: Attorneys for Plaintiff Daniel S. Siedman, Esquire PA ID 306534 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 for the : CIVIL DIVISION Pooling and Servicing ` Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan : MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through :x rnw 3:0 =?i Certificates, Series 2007-1 =? -ram Plaintiff v. a = -n Norman L. Shirk : NO. 2011-1013 C) = -n pc=? Brianne M. Shirk 5; rq °-+ Defendant (s) -Ac AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff in the above action, by its attorney, Udren Law Offices, P.C., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 25 Carlisle Road Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Norman L. Shirk 638 Knapps Lane Dauphin, PA 17018 Brianne M. Shirk 154 Bottom Hollow Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of of record: Name the last recorded holder of every mortgage Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Address 1661 Worthington Road, #100 West Palm Beach, FL 33409 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 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 25 Carlisle Road Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 26, 2011 UDREN LAW OFFICES, P.C. BY: _i? Attorneys for Plaintiff t)aniel S. Siedman, Esqui'-, PA ID 306534 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 for the : CIVIL DIVISION Pooling and Servicing ! Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan : MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 c c Plaintiff nncu s a Norman L. Shirk NO. 2011-1013 < o Brianne M. Shirk r . D - Defendant(s) ?', X" _ ;r NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -r rr TO: Norman L. Shirk 638 Knapps Lane Dauphin, PA 17018 Your house (real estate) at 25 Carlisle Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 7, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,507.10, 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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 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 for the :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan :MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk NO. 2011-1013 Brianne M. Shirk Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brianne M. Shirk 154 Bottom Hollow Road Newville, PA 17241 Your house (real estate) at 25 Carlisle Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 7, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,507.10, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. SALE NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S 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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 UDREN LAW OFFICES, P.C. 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 for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk Brianne M. Shirk Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 2011-1013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Norman L. Shirk and Brianne M. Shirk PROPERTY: 25 Carlisle Road Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 7, 2011, at 10:00am, 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 THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO 11 IN BLOCK 2 IN BIG SPRING HEIGHTS PLAN OF LOTS LAID OUT BY ANDREW MCELWAIN, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFICE AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY THE CONCRETE ROAD LEADING FROM NEWVILLE TO CARLISLE; ON THE WEST BY LOT NO. 10; ON THE NORTH BY LAND NOW OR FORMERLY OF ANDREW MCELWAIN; ON THE EAST BY LOT NO. 12; HAVING A FRONTAGE ON THE CONCRETE ROAD OF FIFTY-ONE (51) FEET AND SIX (6) INCHES AND A DEPTH OF THREE HUNDRED EIGHT-FOUR (384) FEET. BEING KNOWN AS: 25 Carlisle Road Newville, PA 17241 PROPERTY ID NO.: 20-1756-0011-0000000-46 TITLE TO SAID PREMISES IS VESTED IN NORMAN L. SHIRK AND BRIANNE M. SHIRK, HUSBAND AND WIFE BY DEED FROM DOROTHY E. ARBEGAST, WIDOW DATED 12/27/2006 RECORDED 01/02/2007 IN DEED BOOK 278 PAGE 1030. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1013 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 for the POOLING AND SERVICING AGREEMENT DATED AS OF 6/1/2007 EQUIFIRST LOAN SECURITIZATION TRUST 2007-1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1, Plaintiff (s) From NORMAN L. SHIRK and BRIANNE M SHIRK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $131,507.10 L.L.: $.50 Interest from 8/26/11 to Date of Sale 12/7/11 Ongoing Per Diem of $18.51 to actual date of sale including if sale is held at a later date -- $1,925.04 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $244.10 Other Costs: Plaintiff Paid: Date: 8/29/11 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: DANIEL S. SIEDMAN, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, N 7 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 306534 d.,.~L.tJ-T 14...±!1'~ , . s r! Y IIDRLN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCR}3ST CORPOR.ATE CENTER"~ " ~ 111 WOODCR}3ST ROAD, SUITE 200 3 ~~~L Ai'1~ ~l;i'y CHSRRY HILL, NJ 08003-3620 '•'~,.~=-„fi 856-669-5400, pleadings@udret~`~ Deutsche Bank National Trust ~COURT OF COMMON PLEAS Company, as Trustee for the €CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 €NO. 2011-1013 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff v. Norman L. Shirk Brianne M. Shirk ' Defendant(s) ' MOTION FOR SPECIAL SERVICE PUR.SUANT TO SPECIAL ORDER OF COURT I Plaintiff, by its counsel,.moves this Honorable Court for an Order directing service of the Notice of Sale upon Defendant(s), Brianne M. Shirk by regular mail and certified mail and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at 25 Carlisle Road, Newville, PA 17241, which is the property address. A copy of the Return of Service is attached hereto as Exhibit A. 2. Process was unable to be served at the then last known address of said Defendant(s) at 154 Beeteem Hollow Road, Penn Township Newville, PA 17241. A copy of the Return of Service is attached hereto as Exhibit B. ~ ~ 3. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit C. 4. Said investigation was unable to determine an alternate address for said Defendant(s). 5. The last known address of Defendant(s) is as set forth.in the attached Exhibits. 6. A Judge has not ruled upon any other issue in this or a related matter, and there is no other issue before a Judge to be ruled upon. 7. There is no opposing counsel of record and therefore, no concurrence bf opposing counsel can be sought. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sale by regular mail and certified mail upon said Defendant(s), Brianne M. Shirk. UDREN LAW OFFICES, P.C. ~ BY Attorneys for Plaintiff Daniel S. Sie,mGn, Esquire PA IG 306534 Serrice a#'Process by pentsche Baak tYationai Trast Company, as Trustee, et a1.. Apg International, Ltd. Plaintiff(s) „S. ~ 1-800-328-7171 Norman L. Shirk, et. al., Dcfendant(s) APS International Piaxa " r 7809 Glenroy Ro'd Minneapolis, MkV 55439-3I22 APS Ffie M: I13409-0601 AFFIDAVIT OF DUE .AND DiLIGENT ATTEMPT i Service of Process on: UDREN I.AW OFF'ICES --Brianne M. Shirk ~ lYls. Henni Crommartv i CottR Case No. 2011-1013 ~ 1 I t Woodcrest Rd., Sta 200 ~ i Cherry HiU, NJ 080Q3-3620 C~tomerFite: NlOII0669-1--------~------- - - - - - - - State of: 'e~~ 7 ~ ss, - County of: ~ . Name of Server: aft 1,+ et, "3tL undersigned, being duly sworn, depases and says that at all times mentioned herein, s/tie was of legal age and was not a party to this actian; I Documents Served: the undersigned atttmpted to save the documents described as: ~ Notice of Shrrif!`s Sale of Rea[ Properly . Service of Process on: The undersigned attempted to setve the documents on ' Brianne M. Shirk j 2nd after due and ditigtnt tfforts, was unabie to effect service. Attempts: , Thz foliowing is a iist of the attempts made to effict rvice: ' DatestrinxJAddress :11tempNed: 25 CarEisl RoAd, Ne?wille, PA t7241 a~~ ~c. P, tM • • Rcaaon Cor NanServitr. 0 nX''& Ekle-, k- -4 e ~ &VC-S 15 Dates/("anNAJdreas Attcmptcd: ellili r0 e-r 8 tl\J 6-~; f ~t5 bd4 RessonforNon-Service: i ~ ~ti S a'~v ' efC ! S llaies/PimelAddress ketempted: \ ~ ~ ~ ~ ~ • Rcaxoa for Non-Scrvice: ? Based upan the a}ove stated facts, Affiant believes the defendant 'ss avoiding service. nd sworn to before me this ury Subscribed a Signature of Server: Umok tnday of 20 i/ Si mrc of Server Notary Public (Commission Expires} APS International, Ltd. NOTARIAi. SEl1t IUCiLlE H. CARTY Nolary PubUc LETTERKENNY TWP FRAiJKIlN COUNTY My Commissian Expires Nov 18, 2011 cotH,i~ SIT A SHERIFF'S OFFICE C}F CUMBERLAtVD COUNTY ~ Ranny R Anderson ~ Sheriff ~p,t~~p p~ ~=ttltl~~pr~i~b Jody S Smith Chief Deputy Richard W Stewart ° Solicifor 0~`:'V` 07; ~"4 s"{ki`A Deutsche Bank Nativna! Trust Company Case Number vs. 2011-1 Q13 Norman L. Shiric (et al.) SHERIFF'S RETURN OF SERVICE 90110I2011 03:02 PM - Deputy Noah Cline, being duly swom according to law, states service was performed by pcssiing a trUE capy of the requested Raai Estata 1h'ii#; Natice anci Descripticn, in ;he abcve titlsd ac;icn, upon the property located at 25 Carlisle Road, Newville, PA 17241, Cumberland Coun#y. 10/11/2011 01:50 PM - Roriny R Anderson, Sheriff, being duly swom according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brianne M. Shirfc, but was unable to locate the Defendant in his bailiwick. He therefare retums the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 154 Beeteem Hollow Road, Penn Twp, Nevwille, PA 17241, per mother defendant maved from address stated, did not leave a forwarding address with the post office. SHERIFF COST: $920.94 SO ANSWERS, . October 19, 2011 RON R ANDERSON, SHERIFF R.I`~~arrB PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 10110669-1 Attomey Firm: Mark J Udren & Associates Case Number: Subject: Brianne M Shirk A.K.A: Brianne M Hudson, Briannee M Hudson Property Address: 25 Carlisle Road Newville, PA 17241 Last Known Address: 154 Beetem Hollow Road Newville, PA 17241 i I Sandra Krekeler, being duly sworn according to law, deposes and says: ! 1. I am employed in the capacity of Location Specialist for Players National Locator. I 2. On November 1, 2011 I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER(S): 165-66-)oooc B. EMPLOYMENT SEARCH: ' We were unable to verify current employment for Brianne M Shirk. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Brianne M Shirlc is 154 Beetem Hollow Road, Newville, PA 17241 with no valid home number. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for Brianne M Shirk. We called (717) 486-3811 and spoke with a relative who stated Brianne M Shirk stays with her sometimes at 154 Beetem Hollow Road, Newville, PA 17241, but could not confirm where Brianne stays when she is not there. INQUIRY OF NEIGHBORS We were unable to contact any neighbors to confirm any other information for Brianne M Shirk. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of October 27, 2011, the National Change of Address (NCOA) has no change for Brianne M Shirk from 154 Beetem Hollow Road, Newville, PA 17241. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE: EXHIBIT C i ~ We were unable to verify current drivers license information for Brianne M Shirk. OTHER lNQUIRIES A. DEATH RECORDS: As of October 27, 2011, the Social Security Administration has no death record on file for Brianne M Shirk and/or A.K.A.s under the social security number(s) provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. ADDITIONAL iNFORMATION ON SUBJECT A. DATE OF BIRTH: Brianne - March 1980 L Notory ubi c,~~1o ory geal Stoto of Mlsso rl Suworn to fore me on ve b 0 1 sr. Louis coun~y C C~ ~i~~ 1042866 AF4PIayers Krekeler National Locator, 12400 Olive Boulevard, Suite 555, Saint Louis, MO 63141 Phone: (314) 590-0859 Fax: (314) 744-7766 UDREN LAW OFFICES, P.C. ATTORNFY FOR PLAINTIFF WOODCREST CORPOR.ATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udrea.com Deutsche Bank National Trust '_COURT OF COMMON PLEAS Company, as Trustee for the €CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June l, 2007 Equifirst Loan Securitization Trust 2007-1 :NO. 2011-1013 Mortgage Pass-Through Certificates, 5eries 2007-1 Plaintiff v. Norman L. Shirk Brianne M. Shirk Defendant(s) ` MEMOR.ANDtTM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule . the plaintiff may move the court for a special order I . directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE : A sherif f' s return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit "A", and 11B11 the Sheriff and/or Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant (s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "C". WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sale upon Defendant(s) by regular mail and certified mail. UDREN LAW OFFICES, P.C. ) BY: - - Attorneys for Plaintiff ` D~j;iie! S, Siedman, Esqtaira PA IC3 306514 UDRSN LAW OFFICSS, P.C. ATTORNEY FOR PLAINTIFF WOODCR£ST CORPORAT$ CSNTER 111 WOODCRF3ST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadiags@udrea.com Deutsche Bank National Trust :COURT OF CONIIMON PLEAS Company, as Trustee for the ;CIVIL DIVISION Pooling and Servicing €Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 €NO. 2011-1013 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff v. Norman L. Shirk Brianne M. Shirk Defendant(s) . CBRTIFICATE OF SLRVICL I, hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their ' attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: November 11, 2011 TO: Brianne M. Shirk 154 Beeteem Hollow Road Penn Township Newville, PA 17241 25 Carlisle Road Newville, PA 17241 UDREN LAW OFFICES, P.C. BY : Attorneys for Plaintiff Dariie! S. Siedman; Esquire PA ID 3055?4 IN THE COURT OF COM14ON PLEAS OF Cumberland COUNTY CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing - Agreement dated as of June 1, NO. 2011-1013 C ) 2007 Equifirst Loan rn CO Securitization Trust 2007-1 -rrn Mortgage Pass-Through Certificates, Series 2007-1 Plaintif f V. Norman L. Shirk Brianne M. Shirk Defendant(s) O R D E R o r1 co ?•t r.,? .:j AND NOW, this C ? { ? day of k o v c __,_LC) , 2011, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale upon Defendant(s), Brianne M. Shirk, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale by certified mail and regular mail to the last known address of Defendant (s) , Brianne M. Shirk at 154 Beeteem Hollow Road, Penn Township Newville, PA 17241 and by posting the mortgaged premises located at 25 Carlisle Road Newville, PA 17241. Siedrnc? C°AI µr8 jll l? 2011.101$ Chill Term Deutsche Bank National Trust Company Vs Norman L. Shirk Brianne M. Shirk Atty. Mark J Udren Al) That Certain Tract Of Land Situate In The Township Of West Pennsboro, Cumberland County, Pennsylvania, Being tot No 11 bOlock 2In Big Spring Heights Plan Of Lots Laid Out By Andrew Mcelwain, Said Plan Being Reauded In The Recorder's Office And Described As Follows: On The South By The Concrete Road Leading From Newville To Carlisle; On The West By Lot No. 10; On The North By Land Now Or Formerly Of Andrew Mcehvain; On The East By Lot No. 12; Having A Frontage On The Concrete Road Of Fifty-One (51) Feet And Six (Q Inches And A 1':pth Of Three Hundred Eight- Four t,;A) Feet. Being Known As: 25 Carlisle Road Ncwvil.:; : .7241 Propeny Id No.: 20-1756-0011- 0000000-46 Title To Said Premises Is Vested In Norman L. Shirk And Brianne M. Shirk, Husband And Wife By Deed From Dorothy E. Arbegast, Widow Dated 12/27/2006 Recorded 01/02/2007 In Deed Book 278 Page 1030. $1- 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 for the :CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan :MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk :NO. 2011-1013 Brianne M. Shirk Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007--1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff in the above action, by its attorney, Udren Law Offices, P.C., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 25 Carlisle Road Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Norman L. Shirk 638 Knapps Lane Dauphin, PA 17018 Brianne M. Shirk 154 Bottom Hollow Road Newville, PA 17241 2. Name and address Name SAME AS #2. ABOVE 3. Name and address a record lien on th Name of Defendant(s) in the judgment: Address of every judgment creditor whose judgment is e real property to be sold: Address None 4. Name and,address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank National Trust Company, as Trustee for the Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 1661 Worthington Road, #100 West Palm Beach, FL 33409 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 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 25 Carlisle Road Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 26, 2011 UDREN LAW OFFICES, P.C. r BY: _ Attorneys for Plaintiff ,anI S. Si?dman, Esqu',,r.. pp, ID 306534 ._v LZ :Z V 0E SAN ii0Z 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 for the =CIVIL DIVISION Pooling and Servicing 'Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan :MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff V. Norman L. Shirk :NO. 2011-1013 Brianne M. Shirk Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Norman L. Shirk 638 Knapps Lane Dauphin, PA 17018 Your house (real estate) at 25 Carlisle Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 7, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,507.10, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain. the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid. to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 L Z .Z V OE 9,91/ 12Z ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO 11 IN BLOCK 2 IN BIG SPRING HEIGHTS PLAN OF LOTS LAID OUT BY ANDREW MCELWAIN, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFICE AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY THE CONCRETE ROAD LEADING FROM NEWVILLE TO CARLISLE; ON THE WEST BY LOT NO. 10; ON THE NORTH BY LAND NOW OR FORMERLY OF ANDREW MCELWAIN; ON THE EAST BY LOT NO. 12; HAVING A FRONTAGE ON THE CONCRETE ROAD OF FIFTY-ONE (51) FEET AND SIX (6) INCHES AND A DEPTH OF THREE HUNDRED EIGHT-FOUR (384) FEET. BEING KNOWN AS: 25 Carlisle Road Newville, PA 17241 PROPERTY ID NO.: 20-1756-0011-0000000-46 TITLE TO SAID PREMISES IS VESTED IN NORMAN L. SHIRK AND BRIANNE M. SHIRK, HUSBAND AND WIFE BY DEED FROM DOROTHY E. ARBEGAST, WIDOW DATED 12/27/2006 RECORDED 01/02/2007 IN DEED BOOK 278 PAGE 1030. 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 for the =CIVIL DIVISION Pooling and Servicing :Cumberland County Agreement dated as of June 1, 2007 Equifirst Loan :MORTGAGE FORECLOSURE Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 Plaintiff. V. Norman L. Shirk :NO. 2011-1013 Brianne M. Shirk Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brianne M. Shirk 154 Bottom Hollow Road Newville, PA 17241 Your house (real estate) at 25 Carlisle Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 7, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,507.10, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. SALE NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S 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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO 11 IN BLOCK 2 IN BIG SPRING HEIGHTS PLAN OF LOTS LAID OUT BY ANDREW MCELWAIN, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFICE AND DESCRIBED AS FOLLOWS: ON THE SOUTH BY THE CONCRETE ROAD LEADING FROM NEWVILLE TO CARLISLE; ON THE WEST BY LOT NO. 10; ON THE NORTH BY LAND NOW OR FORMERLY OF ANDREW MCELWAIN; ON THE EAST BY LOT NO. 12; HAVING A FRONTAGE ON THE CONCRETE ROAD OF FIFTY-ONE (51) FEET AND SIX (6) INCHES AND A DEPTH OF THREE HUNDRED EIGHT-FOUR (384) FEET. BEING KNOWN AS: 25 Carlisle Road Newville, PA 17241 PROPERTY ID NO.: 20-1756-0011-0000000-46 TITLE TO SAID PREMISES IS VESTED IN NORMAN L. SHIRK AND BRIANNE M. SHIRK, HUSBAND AND WIFE BY DEED FROM DOROTHY E. ARBEGAST, WIDOW DATED 12/27/2006 RECORDED 01/02/2007 IN DEED BOOK 278 PAGE 1030. 17£S90£ 'oN CIl IInoO auiaxdnS 0017S-699-9S8 : auogdalas 33I.LNIv'Id :IOi XauIouv OZ9£-£0080 fflN ` I'IIH AHHaHO a A?-? a? , OOZ d.LIIIS `(tvod JmHmooM I I I 7709 swr 'ed'ol v p tIM H31N33 alvHOJHOD IsanOQOOM M 84Auj 9aMm 11 PsMN A? 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MH'I - NOI.LOV MAID 11A19 C101-11 OK (QNd-1-d9E nD d0 A LNflOO (HINVA'IASNN9d JO H L-l'VHMN0NlN0O IN3wHDvlly ao/Puu NOI.LIIJ3x3 30 .LI2IM r tE t MF 2011, AUG 30 A 2: 2b 101ButPOOD alulsg Iva2I I IOZ `Z i3quzajdoS aIv(l •ui3.iQq pol-nodzoaui aauanjai isigj ,?q pue limn sigl gjIm patg ,V,, llgl, ix uo paquasap Xllnj a.zouz `alllnn ON `pto-d aisilseD SZ `se pajaquznu pule umou)I `Vd `AjunoD pueixpguzno `diusumo jL ojogsuuad IsaAk ui pajvnj js XUodo id Iva.i a,41 uz I.sa ajui s 14up-puaJap auj uodn paYnai jjljauS auj I I OZ `Z n uzajdaS up CUMBERLAND LAW JOURNAL Writ No. 2011-1013 Civil Deutsche Bank National Trust Company vs. Norman L. Shirk Brianne M. Shirk Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, being Lot No 11 in Block 2 in Big Spring Heights Plan of Lots laid out by Andrew McEl- wain, said plan being recorded in the Recorder's Office and described as follows: On the south by the concrete road leading from Newville to Carlisle; on the west by Lot No. 10; on the north by land now or formerly of Andrew McElwain; on the east by Lot No. 12; having a frontage on the concrete road of fifty-one (51) feet and six (6) inches and a depth of three hundred eight-four (384) feet. BEING KNOWN AS: 25 Carlisle Road, Newville, PA 17241. PROPERTY ID NO.: 20-1756-0011- 0000000-46. TITLE TO SAID PREMISES IS VESTED IN Norman L. Shirk and Brianne M. Shirk, Husband and Wife by Deed from Dorothy E. Arbegast, Widow Dated 12/27/2006 Recorded 01/02/2007 in Deed Book 278 Page 1030. 78 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: October 21, October 28, and November 4, 2011 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. r- Lisa SWORN TO AND SUESCRIBED before me this 4 day of November, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2011-4483 civil M & T Bank vs. Carl Souders, Executor of the Estate of Harold A. Souders, Deceased Mortgagor and Real Owner Atty.: Terrance McCabe ALL that certain tract, piece or parcel of land situated in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows: BEING the Southern part of Lot No. 38 in the Plan of Lots recorded in the Recorder's Office in and for the County of Cumberland in Deed 26, Volume 2, Page 89, bounded and described as follows: ON the East by an Alley; on the South by Lot No. 39 now or formerly owned by Victor C. Smee; on the West by Pennsylvania Avenue; on the North by lands now or formerly of Joseph Glauser. HAVING a frontage on Pennsyl- vania Avenue of twenty (20) feet and the same width in the rear and having a depth of two hundred (200) feet by the same, more or less of the Recorder of Deeds in and for Cum- berland County in Deed Book F 26, Page 933, granted and conveyed to Harold A. Souders and Dora E. Soud- ers, his wife. RB5678 9 Pennsylvania Avenue, Newville, Pennsylvania 17241. BEING the same premises which HAROLD A. SOUDERS AND DORA E. SOUDERS, HUSBAND OF WIFE by deed dated June 18, 2001 and recorded July 2, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 247, Page 1052, granted and conveyed to HAROLD A. SOUDERS. AND the said Harold A. Souders departed this life on January 14, 2011 vesting title solely unto Carl 79 Souders, as Executor of the Estate of Harold A. Souders. Letters Testamen- tary were granted to Carl Souders, as Executor of the Estate of Harold A. Souders. TAX MAP PARCEL NUMBER: 28 21 0361 055. 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: October 21, October 28, and November 4, 2011 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. sMarie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. .2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14t Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 character of publication are true; and That she 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 forpaid County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/21/11 November, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA NOW" Seel Sherrie L Owm, Notary publk Lower Peodon Twp., Dsupft County COWNI M Nov. 26, 2015 MEMBER PENNSYLVANIA ASSOCUTION OF NOTARIES 10/28/11 11/04/11 the 13atriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11/04/11 Of Ad Sheriff Sale 1013 5.97 $12.00 $ 71.64 Sheriff Sale 1013 5.97 $12.00 $ 71.64 Sheriff Sale 1013 5.97 $12.00 $ 71.64 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 219.92 JLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Pool and Servicing Agreement (TR) is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 29 day of August, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 1013, at the suit of Pooling and Servicing Agreement(TR) against Norman L. Shirk and Brianne M. Shirk is duly recorded as Instrument Number 201203960. IN TESTIMONY WHEREOF, I have hereunto set my hand z9a and seal of said office this day of A.D. c Q t of Deeds 4ieooroerredRf,? 2oli-101$ ChrilTerm Deutsche Bank National Trust Company VS Norman L. Shirk Brianne M. Shirk Atty: Mark J Udren All That Certain Tract Of Land Situate In The Township Of West Pennsboro, Cumberland County, Pennsylvania, Being Trot No 11 ht $lmk 2 In Big Spring Heights Plan Of Lm maid Out By Andrew Mcehvain, Said Plan being Recorded In The Recorder's Office And Described As Follows: On The South By The Concrete Road Leading From Newville To Carlisle; On The West By Lot No. 10; On The North By Land Now Or Formerly Of Andrew Mcelwain; On The East By Lot No. 12; Having A Frontage On The Concrete Road Of Fifty-One (51) Feet And Six (6) Inches And A T -,pth Of Three Hundred Eight- Four )") Feet. Being Known As: 25 Carlisle Road Newvil:. ; i .7241 Property Id No.: 20-1756-0011- 0000000-46 Title To Said Premises Is Vested In Norman L. Shirk And Brianne M. Shirk, Husband And Wife By Deed From Dorothy E. Arbegast, Widow Dated 1212712006 Recorded 0110212007 In Deed Book 278 Page 1030.