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HomeMy WebLinkAbout06-5263 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 com Deutsche Bank Trust Company Americas formerly known as Banker's Trust Company, as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael J. Powley 764 Wertzville Road Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. oL -s.2-L-.-3 000 C- LIel COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUM DIRECCION SE ENCUBNTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Deutsche Bank Trust Company Americas formerly known as Banker's Trust Company, as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In- Fact Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 764 Wertzville Road MUNICIPALITY/TOWNSHIP/BOROUGH: East Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 01/26/06 DATE RECORDED: 01/30/06 BOOK: 1938 PAGE: 3455 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 8/29/06: Principal of debt due $90,500.00 Unpaid Interest at 9.99% from 2/1/06 to 8/29/06 (the per diem interest accruing on this debt is $24.77 and that sum should be added each day after 8/29/06) 5,214.01 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthlyy late charge of $39.67 should be added in accordance with the terms of the note each month after 8/29/06) 238.02 Property Inspection 31.80 Expense Advance 50.00 Attorneys Fees (anticipated and actual to 5% of principal) 4,525.00 TOTAL $101,163.83 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $101,163.83 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mar J. Ud en, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE HIGHWAY KNOWN AS THE WERTZVILLE ROAD, SAID POINT BEING 971 FEET MEASURED EASTWARDLY FROM THE INTERSECTION OF MAGARO ROAD AND WERTZVILLE ROAD ALONG THE CENTER OF THE STATE HIGHWAY; THENCE NORTH 86 DEGREES 53 MINUTES EAST ALONG THE CENTER OF SAID STATE HIGHWAY, A DISTANCE OF 100 FEET TO A POINT; THENCE ALONG LANDS FORMERLY OF MAYNARD L. SHEAFFER, SOUTH 3 DEGREES 10 Mff UTES EAST, A DISTANCE OF 285.59 FEET TO A POINT; THENCE SOUTH 72 DEGREES 49 MINUTES WEST, A DISTANCE OF 103.07 FEET TO LAND OF JOHN C. TAYLOR AND THELMA G. TAYLOR, HIS WIFE; THENCE ALONG SAID TAYLOR LAND, NORTH 3 DEGREES 10 MINUTES WEST, A DISTANCE OF 31058 FEET TO A POINT IN THE CENTER OF SAID STATE HIGHWAY, THE PLACE OF BEGINNING. HAVING THEREbN ERECTED A ONE STORY BRICK DWELLING HOUSE KNOWN AS NO. 764 WERTZVILLE ROAD, ENOLA, PENNSYLVANIA, BEING THE SAME AS SURVEYED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, ON APRIL 4, 1962. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC. AS THEY APPEAR OF RECORD. r N J Y? June 26, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA BIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRHiA. PUEDES SER ELEGHtLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO GHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT A Page 1 of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Michael. P0w1M 764 Wertzville Road Enola PA 17025 _2000163719 First NLC Financial Services, LLC Deutsche Bank _ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF FT TGTRT.F. FOR TUNANCTAT, ASSTSTANCF WHICH CAN CAVF YOUR HOME. FROM FORF.CLOSURF AND HELP YOU MAIZE FTTTTTRF. MORTGAGE. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TFMPORARY STAY OF FORF.CT,OSTTRF -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MF.F.TTNG MUST OCCTTR WITHIN O CONSUMER CREDIT COTTNSF.T.TNC' AGF,NCTF.S -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addregses and telenhnne. number. of degigi ated cnncnmer rredit cnuncelina aoenriec for the county in which the mm?ertl is lnrate I are get forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatel of your intentions. APPLICATION FOR MORTGAGF. ASRTSTANCF -- 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. Page 2 of 2 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.) NATURE OF THE. DF.FAUI _. The MORTGAGE debt held by the above lender on your property located at: 764 Wertzville Road Enola PA 17025 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 79353 for March_l. 2006 tiu'u,Lune 1. 20063174.12 Monthly Late Charges of 39.67 for March 1. 2006 thru June 1, 2006 =$158.68 Other charges (explaintitemize): Other Fee=$75.00 Property Inspection Fee=$15.90 Expense Advance Fee450.00 TOTAL AMOUNT PAST DUE: _3d73.70_. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use. if not applicable): &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 $3473.70 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments m ct he made either byyrrash naehier'C ehenk cenlfied the `1C or mangy order made payable and sent to, Ildren Lnw Offirpc LL Wnndereat CnxWrate Center I I I Woodrrect Rued, Suite 200 Che =Hill, NJ ORM3-3620 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. -): hU Page 3 of 3 IF YOU DO NOT CURE THF, DF.FA= -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it-, right-, to accelerate he mortgagc 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 ymrr mortgaged nrnnetka^_ W THE MORTGAGE IS FORF.CLOSF.D UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If ynn cure the default within the TTTTRTY (30) DAY perind„ ymi will not he. remtirerl to pay attorney's fees,- OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO LITRE THE DF.FATTLT PRIOR TO SHFi.RTFF'S SAT, F. --If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to paying the total amount then past due phis any late. or other rhatges then fine.? reasonahle attrttney' c fees, and rusts rnnnected with the foreclosure sale, and any other coats ronnerted with the Sheriffs Sale as s fpa ified in writing_hy the lender and by performing any other m uirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.ART.TFST POSSTRI.E SHF.RTFF'S SALF. DATE -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the 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 lender. Name of Lender/Servicer: Saxon Mortgage Services Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: (800) 874-9516 _ Fax Number: (817) 665-7750 Contact Person: Loss Mitigation Lossmit@saxonmsi.com EFFECT OF SHERIFF'S SAT,F. --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 Sheriff's 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. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 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. a 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. a TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 V1 ?v A v O A 0 0 CD v O CD Cy'MCD d < CL J CD ? o a CD ? o m ?n? __ O 6 N Z m 00 O -0 0 O O O@ N L W 4 N ( 0 D N 7 N Postal Scrimp • 1 MAIL RECEIP-T O O ??• S = ? 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Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. fA. U-t Z f CIO SHERIFF'S RETURN - REGULAR CASE NO: 2006-05263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS POWLEY MICHAEL J MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POWLEY MICHAEL J the PLAINTIFF , at 1857:00 HOURS, on the 19th day of September, 2006 at 764 WERTZVILLE ROAD ENOLA, PA 17025 MICHAEL J POWLEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 41.20,? 09/20/2006 UDREN LAW OFFICES Sworn and Subscibed to By: 'r before me this day eputy Sheriff of A. D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact P.O. Box 85071 San Diego, CA 92186-5271 Plaintiff V. Michael J. Powley 764 Wertzville Road Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-5263 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Michael J. Powley 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 $101,163.83 Interest Per Complaint 2,972.40 From 8/30/06 to 12/27/06 Late charges per Complaint 158.68 From 8/30/06 to 12/27/06 TOTAL $104,294.91 I hereby certify that (1) the addresses of the laintiff and Defendant are as shown above, and (2) that notice has een given in accordance with Rule 237.1, a copy of which is attached Jereto. UDI?EN\LAW OFFICES, P.C. rK j. wren, h6QulxE torney for Plaintiff DAMAGES ARE HEREBY ASSESSED DATE : Q& , A_ ;76061 INDICATED /So &tieo ?6- PRO PROTHY ??? UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Deutsche Bank Trust Company Americas formerly known as Banker's Trust Company, as Trustee and Custodian for Ixis € Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact C/O 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael J. Powley 764 Wertzville Road Enola, PA 17025 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Minnesota COUNTY OF Dakota ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-5263 Civil Term SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the 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: Michael J. Powley Age; Over 18 Residence: As captioned abov Employment: Unknown G Title : ssistant Vice President Company: Saxon Mortgage Services as servicer on behalf of Deutsche Bank Trust Company Americas formerly known as Banker's Trust Company, as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Sworn to and subswribed before me this ?' day is VALARIE CRAWFORD. of SeC , NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31.2011 Nctl=y u is j s CASE NO: 2006-05263 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS POWLEY MICHAEL J MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POWLEY MICHAEL J the PLAINTIFF , at 1857:00 HOURS, on the 19th day of September, 2006 at 764 WERTZVILLE ROAD ENOLA, PA 17025 MICHAEL J POWLEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20 09/20/2006 UDREN LAW OFFICES Sworn and Subscibed to By: -'j before me this day Deputy Sheriff of A.D. ?' °? ? ? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas :COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian for Ixis :Cumberland County Real Estate Capital Inc., by Saxon Mortgage Services, Inc., .MORTGAGE FORECLOSURE f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley ::NO. 06-5263 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $104,294.91 Interest From 12/28/06 4,161.36 to Date of Sale 6/13/07 Ongoing Per Diem of 24.77 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. TORNEY FOR PLAINTIFF JA G 1 t4 G 'tom q ?? C: ? `: _. d V UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-5263 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. UDREN LAW OFFICES, P.C. DATED: December 27, 2006 BY: a J. Udren, Esquire Attorney for Plaintiff ' y V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date R- e ; nn Mc r+e? Title : ?ssistant Vice President Company: Saxon Mortgage Services as servicer on behalf of Deutsche Bank Trust Company Americas formerly known as Banker's Trust Company, as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Michael J. Powley Loan #2000163719 MJU #06060579 C- UDREN LAW OFFICES P C ATTORNEY FOR PLAINTIFF . . BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas =COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as '-:CIVIL DIVISION Trustee and Custodian for Ixis ':Cumberland County Real Estate Capital Inc., by Saxon Mortgage Services, Inc., =MORTGAGE FORECLOSURE f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley `:NO. 06-5263 Civil Term Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) x C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: x A. An individual 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 above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: A ,. 1. Udren, SQUIRE ss & I.D. # as above t" S r- :`; s .,1 i''...1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas :COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian for Ixis :Cumberland County Real Estate Capital Inc., by Saxon Mortgage Services, Inc., :MORTGAGE FORECLOSURE f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley -NO. 06-5263 Civil Term De f endant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 764 Wertzville Road, (East Pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael J. Powley 764 Wertzville Road Enola, PA 17025 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 Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mtg. Services, Inc. as its Attorney-In-Fact Address P.O. Box 85071 San Diego, CA 92186-5271 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 764 Wertzville Road (East Pennsboro Township) Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information anq belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: December 27, 2006 rk \T„/Udren, ES(2. torney for Plaintiff (` . J 1 _? i7 (°'-5 Y j __ ?? t u `~ 1,.. t, ???? ?! 11 A UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas :COURT OF COMMON PLEAS f/k/a Banker's Trust Co., as :CIVIL DIVISION Trustee and Custodian for Ixis :Cumberland County Real Estate Capital Inc., by Saxon Mortgage Services, Inc., :MORTGAGE FORECLOSURE f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley :NO. 06-5263 Civil Term Defendant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael J. Powley 764 Wertzville Road Enola, PA 17025 Your house (real estate) at 764 Wertzville Road, (East Pennsboro Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $104,294.91, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 600-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-5263 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Michael J. Powley PROPERTY: 764 Wertzville Road (East Pennsboro Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on June 13, 2007, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. (--, RJ C? j _? j _ ?-r --4 r , `: ? ?? ?. __ 1 ?. 1 ?.1i. ?. ?? . -:-' ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE HIGHWAY KNOWN AS THE WERTZVILLE ROAD, SAID POINT BEING 971 FEET MEASURED EASTWARDLY FROM THE INTERSECTION OF MAGARO ROAD AND WERTZVILLE ROAD ALONG THE CENTER OF THE STATE HIGHWAY; THENCE NORTH 86 DEGREES 53 MINUTES EAST ALONG THE CENTER OF SAID STATE HIGHWAY, A DISTANCE OF 100 FEET TO A POINT; THENCE ALONG LANDS FORMERLY OF MAYNARD L. SHEAFFER, SOUTH 3 DEGREES 10 MINUTES EAST, A DISTANCE OF 285.59 FEET TO A POINT; THENCE SOUTH 72 DEGREES 49 MINUTES WEST, A DISTANCE OF 103.07 FEET TO LAND OF JOHN C. TAYLOR AND THELMA G. TAYLOR, HIS WIFE; THENCE ALONG SAID TAYLOR LAND, NORTH 3 DEGREES 10 MINUTES WEST, A DISTANCE OF 310.58 FEET TO A POINT IN THE CENTER OF SAID STATE HIGHWAY, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWJELLING HOUSE KNOWN AS NO. 764 WERTZVILLE ROAD, ENOLA, PENNSYLVANIA, BEING THE SAME AS SURVEYED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, ON APRIL 49 1962. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC. AS THEY APPEAR OF RECORD. BEING KNOWN AS: 764 WERTZVILLE ROAD, (EAST PENNSBORO TOWNSHIP) ENOLA, PA 17025 PROPERTY ID NO.: 09-14-0832-074 TITLE TO SAID PREMISES IS VESTED IN MICHAEL J. POWLEY, SINGLE MAN BY DEED FROM MICHAEL J. POWLEY AND CYNTHIA K. POWLEY, FORMERLY HUSBAND AND WIFE DATED 01/26/06 RECORDED 01/30/06 IN DEED BOOK 272 PAGE 4805. a_ _, ? `fT i _.._ ?_ F `_ ?v, , __i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5263 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST CO. AMERICAS F/K/A BANKER'S TRUST CO., AS TRUSTEE AND CUSTODIAN FOR IXIS REAL ESTATE CAPITAL INC., BY SAXON MORTGAGE SERVICES, INC., F/K/A MERITECH MORTGAGE SERVICES, INC. AS ITS ATTORNEY-IN-FACT Plaintiff (s) From MICHAEL J. POWLEY (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 $ 104,294.91 L.L. $.50 Interest FROM 12/28/06 TO DATE OF SALE 6/13/07 ONGOING PER DIEM OF $24.77 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $ 4,161.36 Atty's Comm % Atty Paid $123.20 Plaintiff Paid Due Prothy $1.00 Other Costs Date: DECEMBER 28,2006 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Curtis R. Long, Prothonotary ( By: C ?I LJA Deputy Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. :COURT OF COMMON PLEAS Americas f/k/a Banker's Trust :CIVIL DIVISION Co., as Trustee and Custodian :Cumberland County for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its € Attorney-In-Fact P.O. Box 85071 San Diego, CA 92186-5271 Plaintiff V. Michael J. Powley 764 Wertzville Road NO. 06-5263 Civil Term Enola, PA 17025 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made s 'ect to the penalti of 8 Pa.C.S. Section 4904 relating to unsworn falsif1 tion to arc it e . Dated: June 1, 2007 UDREN LA OFF ES P.C. BY: Mark J. dren, Es ire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-5263 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Michael J. Powley PROPERTY: 764 Wertzville Road, (East Pennsboro Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on June 13. 2007, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A N a ? . E ET! S (6% 9 tNLL mO N ? O p'L O d m a pa _ I ai -CO N duLL ,;I m mEn. ? 003 E?? m Cm C w v.4 E ?? =C'o o ?V QTR °' °_ m 7 m N N o c c?37 p l6 N D 7 ? N m N m m m (6 '' G "' JCC o G 47 -' 0.g ?N33 G? o a N N m m ?yX - w u- m 0 a m? - N p E .51 c a w cc C3 ?? Q CL y 0!?2 p O r 4 1-4 C wz U Q ? C7 ? Y1 O NNz N w - C O.I-o m a W ) N N E L cc c U- z 77 ui , O h m Z 0 a O: a 00 3;u)z aW?cc 0 U = m 2 ZpW Z w - O-Z ov G 0 Q E .0 J d u ? J JN4(] 1`- r 4 CL ?mz?m n'ay' m `o 0. '?'» E mm 7 m aw'? c£ £cocoy?,?gg m °0? E$ h- m c DLO m C cmro?i c?'EN°mw c Lu,t mws?.o5t mE m?°m.3 co pl ?j NC C m O N O O a am ? y L- c w T O ooo?Na m N Or 's- ID 7.7 N O 0 cc 0 E 2 m O a d a .Q O L r s d O V O L E O U. N U ao oa As ?m Z oa r N U m 0 ca L m 7 U rn trf'a r ? o C? m U M O E a o U 7 O ! N co LO C - 6Cn N IZa? J r (n 418 r r a : J rp NZ w CL-s vO c N OD f- co z O Z we 00 U_ S a C? ? ?? -t? ,. c ?:-- ? ? ? l J'_' :.? , 1? j .i t _}' ? t . ..t. ?'^? 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 GMAC Mtg LLC is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 28th day of Dec, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5263, at the suit of Deutsche Bank Trust Co Americas aif against Michael J Powley is duly recorded in Deed Book No. 281, Page 88. IN TESTIMONY WHEREOF, I have hereunto set my hand an d eal of said office this /? day of A.D. >eo Re=ft of Deeds, Cwnbedend Cw*. CoW PA * Co 69aion EVhs the Firot Monday of Jm. 2010 Deutsche Bank Trust Co. Americas f/k/a In the Court of Common Pleas of Banker's Trust Co., as Trustee and Custodian Cumberland County, Pennsylvania For Ixis Real Estate Capital Inc., by Saxon Writ No. 2006-5263 Civil Term Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact VS Michael J. Powley Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2007 at 1627 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Michael J. Powley, by making known unto Michael Powley, personally, at 764 Wertzville Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1148 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael J. Powley, located at 764 Wertzville Road, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Michael J. Powley, by regular mail to his last known address of 764 Wertzville Road, Enola, PA 17025. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of GMAC Mortgage, LLC. It being the highest bid and best price received for the same, GMAC Mortgage, LLC, of 500 Enterprise Road, Horsham, PA 19044, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1138.30. Sheriffs Costs: Docketing $30.00 Poundage 22.32 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 407.00 Patriot News 445.01 Share of Bills 16.17 d -am Distribution of Proceeds 25.00 W-10- Sheriff s Deed 39.50 n 40Go- $ 1138.30 `M'`- F/7/0 1 s k q' o PLC, I fL qq1 So Answers: R. Thomas Kline, Sheriff BY Q f' lV? - r UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. Michael J. Powley Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-5263 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 764 Wertzville Road, (East Pennsboro Township) Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael J. Powley 764 Wertzville Road Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mtg. Services, Inc. as its Attorney-In-Fact P.O. Box 85071 San Diego, CA 92186-5271 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 764 Wertzville Road (East Pennsboro Township) Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information an belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: December 27, 2006 rk %T/Udren, ESQ torney for Plaintiff r UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Co. Americas f/k/a Banker's Trust Co., as Trustee and Custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as its Attorney-In-Fact Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Michael J. Powley Defendant(s) NO. 06-5263 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael J. Powley 764 Wertzville Road Enola, PA 17025 Your house (real estate) at 764 Wertzville Road, (East Pennsboro Township) Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $104,294.91, 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.) 16 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland Count Bar Association 2_Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE HIGHWAY KNOWN AS THE WERTZVILLE ROAD, SAID POINT BEING 971 FEET MEASURED EASTWARDLY FROM THE INTERSECTION OF MAGARO ROAD AND WERTZVILLE ROAD ALONG THE CENTER OF THE STATE HIGHWAY; THENCE NORTH 86 DEGREES 53 MINUTES EAST ALONG THE CENTER OF SAID STATE HIGHWAY, A DISTANCE OF 100 FEET TO A POINT; THENCE ALONG LANDS FORMERLY OF MAYNARD L. SHEAFFER, SOUTH 3 DEGREES 10 MINUTES EAST, A DISTANCE OF 285.59 FEET TO A POINT; THENCE SOUTH 72 DEGREES 49 MINUTES WEST, A DISTANCE OF 103.07 FEET TO LAND OF JOHN C. TAYLOR AND THELMA G. TAYLOR, HIS WIFE; THENCE ALONG SAID TAYLOR LAND, NORTH 3 DEGREES 10 MINUTES WEST, A DISTANCE OF 310.58 FEET TO A POINT IN THE CENTER OF SAID STATE HIGHWAY, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A ONE STORY BRICK DWfUlING HOUSE KNOWN AS NO. 764 WERTZVILLE ROAD, ENOLA, PENNSYLVANIA, BEING THE SAME AS SURVEYED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, ON APRIL 4, 1962. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC. AS THEY APPEAR OF RECORD. BEING KNOWN AS: 764 WERTZVILLE ROAD, (EAST PENNSBORO TOWNSHIP) ENOLA, PA 17025 PROPERTY ID NO.: 09-14-0832-074 TITLE TO SAID PREMISES IS VESTED IN MICHAEL J. POWLEY, SINGLE MAN BY DEED FROM MICHAEL J. POWLEY AND CYNTHIA K. POWLEY, FORMERLY HUSBAND AND WIFE DATED 01/26/06 RECORDED 01/30/06 IN DEED BOOK 272 PAGE 4805. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5263 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST CO. AMERICAS F/K/A BANKER'S TRUST CO., AS TRUSTEE AND CUSTODIAN FOR IXIS REAL ESTATE CAPITAL INC., BY SAXON MORTGAGE SERVICES, INC., F/K/A MERITECH MORTGAGE SERVICES, INC. AS ITS ATTORNEY-IN-FACT Plaintiff (s) From MICHAEL J. POWLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 104,294.91 L.L.$.50 Interest FROM 12/28/06 TO DATE OF SALE 6/13/07 ONGOING PER DIEM OF $24.77 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $ 4,161.36 Atty's Comm % Due Prothy $1.00 Atty Paid $123.20 Other Costs Plaintiff Paid Date: DECEMBER 28,2006 gl autzi?" k. Curtis R. Long, Prothonotary (Seal) By: u,,vi,ct eputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 43 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 764 Wertzville Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference t incorporated herein. C== M2 Date: February 15, 2007 By: do `\jo Real Estate Sergeant :11 V 6- INV IL601 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL '(Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: April 20, 27 & May 4, 2007 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. i arie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this ___4 ___day of May, 2007 Lr'c 7 `''0;ary °,h!'sc C :. roe y tb REAL ESTATE SALE NO. 43 Writ No. 2006-5263 Civil Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee and custodian for Ixis Real Estate Capital Inc., by Saxon Mortgage Services Inc. f/k/a Meritech Mortgage Services, Inc. as its Attorney-in-Fact VS. Michael J. Powley Atty.: Mark Udren ALL THAT CERTAIN tract or par- cel of land, situate in the Township of East Pennsboro, County of Cum- berland, and State of Pennsylvania, more particularly bounded and de- scribed, as follows: BEGINNING at a point in the cen- ter of the state highway known as the Wertzville Road, said point be- ing 971 feet measured eastwardly from the intersection of Magaro Road and Wertzville Road along the cen- ter of the state highway; thence North 86 degrees 53 minutes East along the center of said state high- way, a distance of 100 feet to a point; thence along lands formerly of Maynard L. Sheaffer, South 3 degrees 10 minutes East, a distance of 285.59 feet to a point; thence South 72 degrees 49 minutes West, a distance of 103.07 feet to land of John C. Taylor and Thelma G. Tay- lor, his wife; thence along said Tay- lor land, North 3 degrees 10 min- utes West, a distance of 310.58 feet to a point in the center of said state highway, the place of BEGINNING. Having thereon erected a one story brick dwelling house known as No. 764 Wertzville Road, Enola, Pennsylvania, being the same as surveyed by D. P. Raffensperger, Registered Surveyor, on April 4, 1962. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agree- ments, etc. as they appear of record. BEING KNOWN AS: 764 Wertz- ville Road, (East Pennsboro Town- ship) Enola, PA 17025. PROPERTY ID NO.: 09-14-0832- 074. TITLE TO SAID PREMISES IS VESTED IN Michael J. Powley, single man by deed from Michael J. Powley and Cynthia K. Powley, for- merly husband and wife dated 01/ 26/06 recorded 01/30/06 in Deed Book 272 Page 4805. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#43 Q Sworn to and subscribe foNW??ekthi 0V h d%oLMaq,k 007 A.D. 0 ;8, rial Seal Terrell, Wtary Public City Of rg, Daux)hin County My _x!Dir2s.lurie 6, 2010 '10'r /I A- Membe • '?r, I itv i-tlon of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNShp OF EAST PENN"OR0, COUNTY OF CUIm j??ACID ST,TE OF hOW Y AS BEGEG? AT A POWs ;iii. THU Cogft OF 7HESE4M V .t, . #Y b 0. OWL Wft4, P)62, UBWT TO ANY AND ALL CONDITIONS, , Ran'RKMONS, &I K-O&WAYS, EASEMEd+1TS, ETC. AS THEY APPEAR OF 764 WUMME TOWNSMP)