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HomeMy WebLinkAbout07-0665PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 146132 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE MORGAN STANLEY MORTGAGE LOAN TRUST AGREEMENT FOR 2004-9 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. CHRISTOPHER ROSS A/K/A CHRIS W. ROSS JENNIFER L. BUCHER 403 PETERSBURG ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C> aw-t L, CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 146132 NOTICE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 146132 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File 4: 146132 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 146132 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE MORGAN STANLEY MORTGAGE LOAN TRUST AGREEMENT FOR 2004-9 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER ROSS A/K/A CHRIS W. ROSS JENNIFER L. BUCHER 403 PETERSBURG ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/23/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONCI REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN MORTGAGE NETWORK,INC., DB/A AMNET MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1874, Page: 4073. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 146132 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $117,473.46 Interest $4,128.96 08/01/2006 through 01/31/2007 (Per Diem $22.44) Attorney's Fees $1,250.00 Cumulative Late Charges $59.13 07/23/2004 to 01/31/2007 Cost of Suit and Title Search 550.00 Subtotal $123,461.55 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $123,461.55 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 146132 8. Plaintiff is not seeking a judgment of personal liability (or an in personal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 146132 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $123,461.55, together with interest from 01/31/2007 at the rate of $22.44 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA LLINAN & SCHMIEG, LL By: rancis S. Hallin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146132 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Noel B. Smith, Registered Surveyor, dated July 16, 1970, as follows: BEGINNING at a point in the center line of Petersburg Road at land now or late of R. Mill; thence along said land of Mell, South 86 degrees 58 minutes East, 296.20 feet to an iron pin; thence continuing along land of Mell, South 8 degrees 19 minutes West, 100 feet to an iron pin; thence along lands now or late of Mary Adams, North 87 degrees 03 minutes West, 287.05 feet to a point on the center line of Petersburg Road; thence along the center line of said road, North 3 degrees 4 minutes East, 100 feet to the point and place of BEGINNING. PROPERTY BEING: 403 PETERSBURG ROAD Having thereon erected a one-story dwelling. File #: 146132 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ) J ) I L-)-? rro?J^^. ?u vl 7? ?/'Z r_ ? ,? t^ r-- .T; 1 ??( o -? N ? w ? ? ? {.;.: Cr r' €`J ?`? _ r-., r., _?;??'? ;? }i T: :.`'7r? Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Deutsche Bank National Trust Company, as Trustee Under the Morgan Stanley Mortgage Loan Trust Agreement for 2004-9 vs. Christopher Ross a/k/a Chris W. Ross Jennifer L. Bucher Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-665-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Jennifer L. Bucher, by first class mail and certified mail to the mortgaged premises, 403 Petersburg Road, Carlisle, PA 17013, posting of the mortgaged premises, 403 Petersburg Road, Carlisle, PA 17013, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Jennifer L. Bucher, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 403 Petersburg Road, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant no longer resides at this address. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of May 1, 2007, there has been no other ruling on this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 17, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's April 17, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of May 1, 2007 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Jennifer L. Bucher but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & S hmieg, LLP B aniel G. Schmieg, Esquire Attorneys for Plaintiff May 1, 2007 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 e-mail jason.ricco@fedphe.com Deutsche Bank National Trust Company, as Trustee Under the Morgan Stanley Mortgage Loan Trust Agreement for 2004-9 vs. Christopher Ross a/k/a Chris W. Ross Jennifer L. Bucher Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-665-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order 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 Sheriffs 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 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires 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. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriff s Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, 1' chmi?eg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 1, 2007 e.??,bj-k SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00665 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ROSS CHRISTOPHER ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUCHER JENNIFER L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT BUCHER JENNIFER L 403 PETERSBURG ROAD CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this day of A.D. So answers. 6.00 .00 5.00 R. Th mas Kline 10.00 Sheriff of Cumberland County 21.00 PHELAN HALLINAN SCHMIEG 03/02/2007 ?Xrtib; t FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 146132 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Christopher Ross & Jennifer L. Bucher Property Address: 403 Petersburg Road, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Christopher Ross -185-66-8367 Jennifer L. Bucher - Not Available B. EMPLOYMENT SEARCH Christopher Ross & Jennifer L. Bucher - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Christopher Ross & Jennifer L. Bucher reside(s) at: 403 Petersburg Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Christopher Ross & Jennifer L. Bucher. B. On 12-14-06 our office made several telephone calls to the phone number (717) 776-7705 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 12-14-06 our office made several phone calls in an attempt to contact Mr. Ronald E. Mell (717) 243-8915, 401 Petersburg Road, Carlisle, PA 17013: answering machine. On 12-14-06 our office made a phone call in an attempt to contact Patrick L. Donley (717) 243- 8802,402 Petersburg Road, Carlisle, PA 17013: spoke with an unidentified male who could not confirm that the subjects reside(s) at 403 Petersburg Road, Carlisle, PA 17013. On 12-14-06 our office made a phone call in an attempt to contact Jonathan C & Cathy Rhine (717) 249-1301, 400 Petersburg Road, Carlisle, PA 17013: hung up. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-14-06 we reviewed the National Address database and found the following information: Christopher Ross & Jennifer L. Bucher - 403 Petersburg Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Christopher Ross & Jennifer L. Bucher. V1. OTHER INQUIRIES A. DEATH RECORDS As of 12-14-06 Vital Records and all public databases have no death record on file for Christopher Ross & Jennifer L. Bucher. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Christopher Ross & Jennifer L. Bucher residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Christopher Ross - 03-01-1973 Jennifer L. Bucher - 04-1983 B. A.K.A. Christopher W. Ross * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 14th day of December, 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND r? V am OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY A. HAFTO, Notary Public City of Philadelphia, Phila. County My CCommission Expires January 29, 2011 E)(Vlib + C PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Jennifer L. Bucher 403 Petersburg Road Carlisle, PA 17013 RE: Deutsche Bank National Trust Company, as Trustee Under the Morgan Stanley Mortgage Loan Trust Agreement for 2004-9 vs. Christopher Ross a/k/a Chris W. Ross and Jennifer L. Bucher Premises Address: 403 Petersburg Road, Carlisle, PA 17013 Cumberland County, No. 07-665-Civil Term Dear Jennifer L. Bucher, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 24, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire (,v rJ j _U O ti O. (Sp ? C O C A G a CD 9 =I -;I -I -I -,I O,l 4 N x .? at * G ? tD J ti Cd O S ? 0 CD W z ? 1., b ?( L a (D L4 CD o a. ? , r.D R O o p ? b A O a Q 0. y a ? S eb ob A S O 'Q y+ O O WD ? A C 1 A? N O ..y e' 0 C' O' (TQ O O fD A N 7 fD 4 x c .- !! r"?s ' A N G fL 7 c.n ? o a (n o to p ?' ? ? =' O 77 N O? .O n y `?? G `G W O U Q ? y ? ? Q7 f/ _ 7ti Q ? ? ? y 33p?'y?,? A y x cn A Q- O ?'O p O p r fD O ? G Q i y rD t••.' y ,? n Q O W..A.' ? O p ? co' o A -1, =. (? CD O A ]- y o ? 0-A•A N y O W 3 o° o. O S A n 'Fog 5 ' t.A y O y . -. A ?` •o?a ?? OCD x A 066 es P%, MTN[Y 8U';VfS r 02 IM $ QO`93° 000421 801 0 AFP 1 7 2C07 MAILED FROM ZIP CODE I -c -"z VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP B ante squire Attorney for Plaintiff May 1, 2007 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 e-mail jason.ricco@fedphe.com Deutsche Bank National Trust Company, as Trustee Under the Morgan Stanley Mortgage Loan Trust Agreement for 2004-9 Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County No. 07-665-Civil Term Christopher Ross a/k/a Chris W. Ross Jennifer L. Bucher CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Jennifer L. Bucher: 403 Petersburg Road Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP antel G. Schmieg, Esquire Date: May 1, 2007 Attorney for Plaintiff ?-?, r-,a .? _? _.? --? . t . ±-"T I ? 4???~/ ? ry t - ,• ..W ?^ 4 :. t ?.?4; ?? . ... C,.i.-?1 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE UNDER THE MORGAN STANLEY MORTGAGE LOAN CIVIL DIVISION TRUST AGREEMENT FOR 2004-9 Plaintiff CUMBERLAND COUNTY vs. CHRISTOPHER ROSS A/K/A CHRIS ROSS No. 07-665 CIVIL TERM JENNIFER L. BUCHER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & C IEG, LLP By: S FRANCIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: May 1.2007 /jmr, Svc Dept. File# 146132 O a ? ?c1 7 d Cl iz, '? ? r1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, Court of Common Pleas As Trustee Under the Morgan Stanley Loan Trust Agreement for 2004-9 Civil Division 3476 Stateview Boulevard Fort Mill, SC 29715 Cumberland County Plaintiff V. No.: 07-665 Civil Christopher Ross Jennifer L. Bucher . 403 Petersburg Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO LOCAL RULE 208.3(a)(2) AND 208.3(a)(9) Pursuant to Local Rule 208.3(a)(2) and 208.3(a)(9), I, Daniel G. Schmieg, Esquire, as attorney for the captioned Plaintiff, do swear and subscribe that this office has not previously presented any Petition before the Court with respect to the above captioned matter. The action has been uncontested and Defendant Jennifer L. Bucher could not be contacted, despite attempt, nor is either Defendant represented by counsel to the best of affiant's knowledge, information and belief. Respectfully s ted, PHELAN ALLINAr 4?& 1X-1AA ?Jl Notary Public ma _ z By: Daniel G'?ie Esq I.D. 62205 One Penn Center Plaza, Philadelphia, PA 19103 Attorney for Plaintiff Suite 1400 ,LLP z ,'tt" tit ?Jo " MAY 0 3 20010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee Under the Morgan Stanley Mortgage Loan Trust Agreement for 2004-9 Civil Division VS. No. 07-665-Civil Term Christopher Ross a/k/a Chris W. Ross Jennifer L. Bucher ORDER AND NOW, this day of Q , 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Jennifer L. Bucher, by: 1. Posting of the premises: 403 Petersburg Road, Carlisle, PA 17013. 2. First class mail to Jennifer L. Bucher at the mortgaged premises located at 'Ili 403 Petersburg Road, Carlisle, PA 17013; and .? nt f"? ?? . t 41 t"??? ?4 ?;? 3. Certified mail to Jennifer L. Bucher at the mortgaged premises located at 403 Petersburg Road, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: /9? J. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00665 P COMMONWEALTH OF PENNSYLVANIA: ' COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ROSS CHRISTOPHER ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSS CHRISTOPHER AKA CHRIS W ROSS the DEFENDANT , at 2035:00 HOURS, on the 28th day of February-, 2007 at 403 PETERSBURG ROAD CARLISLE, PA 17013 -1-T nm/" TTnn r)t\00 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 3)a 3107 L?_ 42 .40 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/02/2007 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00665 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ROSS CHRISTOPHER ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUCHER JENNIFER L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT FOUND , as to BUCHER JENNIFER L 403 PETERSBURG ROAD CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Affidavit 5.00 R. Th mas Kline Surcharge 10.00 Sheriff of Cumberland County .00 3A-alb-i 21.00 q-- Sworn and Subscribed to before me this day of PHELAN HALLINAN SCHMIEG 03/02/2007 A. D.