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HomeMy WebLinkAbout07-2010PHELAN 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 PHILADELPHIA, PA 19103 (215) 563-7000 142985 DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 V. Plaintiff DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OP7 -,261b CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File C 142995 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 File #: 142985 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: 142985 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 #: 142985 Plaintiff is DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR QUICKEN LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1888, Page: 268. 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. 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. File #: 142985 6. The following amounts are due on the mortgage: Principal Balance $86,788.33 Interest $3,744.72 08/01/2006 through 04/09/2007 (Per Diem $14.86) Attorney's Fees $1,250.00 Cumulative Late Charges $191.03 10/26/2004 to 04/09/2007 Cost of Suit and Title Search $750.00 Subtotal $92,724.08 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $92,724.08 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. Plaintiff is not seeking a judgment of personal liability (or an in personam 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. File #: 142985 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. 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 $92,724.08, together with interest from 04/09/2007 at the rate of $14.86 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. PHELAN HQLLINAN & SSCHMIEG By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142985 LEGAL DESCRIPTION ALL that certain tract of land located in North Newton Township, Cumberland County and Commonwealth of Pennsylvania, known as Lot 6 on a Final Subdivision Plan for Richard Mains prepared by Eric L. Diffenbaugh, PLS, dated August 6, 1996, revised on October 21, 1996 and December 10, 1996, and recorded in the Cumberland County Recorder of Deeds Office at Plan Book 73, page 3, and recorded February 7, 1997, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of T-388, thence along lands of the Commonwealth of Pennsylvania (Pennsylvania Game Commission) North 55 degrees 20 minutes 32 seconds East 973.65 feet passing through a set concrete monument located 16.50 feet from the said existing railroad spike to an existing railroad spike in the centerline of T-394, said existing railroad spike being North 55 degrees 20 minutes 32 seconds East, 18.95 feet from a set concrete monument, thence along the centerline of T-394 and lands now or formerly of Edith N. Redcay South 18 degrees 43 minutes 03 seconds East 532.24 feet to an existing P.K. nail in the centerline of SR 0641, thence along the centerline of SR 0641 and lands now or formerly of Robert A. Strohm and lands to be conveyed to Samuel J. Ocker the following five courses: (1) South 48 degrees 00 minutes 22 seconds West 484.86 feet to an existing P.K. nail, (2) thence South 58 degrees 05 minutes 39 seconds West 37.75 feet to an existing P.K. nail, (3) thence South 69 degrees 24 minutes 35 seconds West 49.74 feet to an existing P.K. nail, (4) thence South 81 degrees 18 minutes 53 seconds West 49.69 feet to an existing P.K. nail, (5) thence North 85 degrees 53 minutes 27 seconds West 49.83 feet to an existing P.K. nail, thence along lands now or formerly of Melissa A. Wise and J. Paul Barrick and through T-388 North 53 degrees 55 minutes 15 seconds West 536.88 feet to and existing railroad spike and the PLACE OF BEGINNING. File #: 142985 CONTAINING 10.0319 acres. BEING part of the same premises which Carl C. Rebuck granted and conveyed unto Richard G. Mains and Shelva J. Mains, his wife, by deed dated June 3, 1994, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book 106, Page 531 on June 3, 1994. PROPERTY BEING: 889 GRENSPRING ROAD File #: 142985 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 unworn falsification to authorities. -), J ka'6' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?! 0A o*T V C`> C.II CJ T + 7---n rn -G OLO PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2010 CIVIL TERM DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE and LINDA K. RAKENTINE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/10/07 to 5/30/07 TOTAL $92,724.08 $757.86 $93,481.94 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 0&1a'-'LQ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:, 1"Op-1 126,67 A P O PROTHY 142985 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 V. Plaintiff, DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2010 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2007. By: If you have any questions concerning this matter, please contact: DANIEL G. S HMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAITION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE : NO. 07-2010-CIVIL TERM LINDA K. RAKENTINE Defendants TO: DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 DATE OF NOTICE: MAY 11, 2007 FILE CON THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST : COURT OF COMMON PLEAS Plaintiff Vs. DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendants TO: LINDA K RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 DATE OF NOTICE: MAY 11, 2007 CUMBERLAND COUNTY :NO. 07-2010-CIVIL TERM k FILE C;u THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CIVIL DIVISION CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 Plaintiff, V. DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2010 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE is over 18 years of age and resides at 889 GREENSPRING ROAD, NEWVILLE, PA 17241. (c) that defendant LINDA K. RAKENTINE is over 18 years of age, and resides at 889 GREENSPRING ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,tire ? 2 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK TRUST Plaintiff, V. DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE No. 07-2010 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/30/07 to SEPTEMBER 5, 2007 (per diem -$15.37) $93,481.94 $1,506.26 and Costs Add'l Costs TOTAL $2,801.50 $97,789.70 &JU-1 AC DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 142985 d w? O ,d d? W? a `/1 Ww UZ wQ OV ?A ? d WW W U H W A U r- CY -'?"' ', k1 X13,.1 c ° t dd w a' WW a Z` ,? d d C o 00 p 402 WW Za U w OA A 1 M 'V Y v p tl) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST, Plaintiff (s) From DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE AND LINDA K. RAKENTINE (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 $93,481.94 L.L. $.50 Interest FROM 5/30/07 TO 9/5/07 (PER DIEM - $15.37 -- $1,506.26 AND COSTS Atty's Comm % Atty Paid $177.40 Plaintiff Paid Date: JUNE 1, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs $2,801.50 Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST Plaintiff, V. DAVID K. RAKENTINE . A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2010 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C "v ?- ?Fn ? _'. Sic) DEUTSCHE BANK TRUST CUMBERLAND COUNTY V. Plaintiff, DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,889 GREENSPRING ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2010 CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 889 GREENSPRING ROAD NEWVILLE, PA 17241 889 GREENSPRING ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNITED STATES OF AMERICA ACTING 120 PLEASANT ACRES ROAD THROUGH THE FARM SERVICE AGENCY, YORK, PA 17402 UNITED STATES DEPT. OF AGRICULTURE 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 889 GREENSPRING ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 30, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff a P n . t i11E=- rM yr: m L DEUTSCHE BANK TRUST Plaintiff, V. DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendant(s). CUMBERLAND COUNTY No. 07-2010 CIVIL TERM May 30, 2007 TO: DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 LINDA K. RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 889 GREENSPRING ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,481.94 obtained by DEUTSCHE BANK TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 C") IN-3 C? o ;'ti?? ? t'f7r V LY. ? V?J'? y ? U f l c -i a- - 8 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST VS RAKENTINE DAVID K ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAKENTINE DAVID K AKA DAVID KEITH RAKENTINE the DEFENDANT , at 1300:00 HOURS, on the 20th day of April 2007 at 889 GREENSPRING ROAD NEWVILLE, PA 17241 by handing to KENNETH RAKENTINE 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 5/a3/67 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/23/2007 PHELAN HALLINAN SCHMIEG By. r3?." Deputy Sheriff A. D. . CASE NO: 2007-02010 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST VS RAKENTINE DAVID K ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAKENTINE LINDA K the DEFENDANT , at 1300:00 HOURS, on the 20th day of April , 2007 at 889 GREENSPRING ROAD NEWVILLE, PA 17241 KENNETH RAKENTINE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 (?}? 5(1316 1 . O C `' - - f 16. 00 Sworn and Subscibed to before me this day of , So Answers: R R. Thomas Kline 04/23/2007 PHELAN HALLINAN SCHMIEG By Deputy Sheriff A.D. AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK TRUST DEFENDANT(S) DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE SERVE: DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 SERVED CUMBERLAND COUNTY No. 07-2010 CIVIL TERM ACCT. #142985 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to D 7iy?a K. Rake"rtie, Defendant, on thef day of (.?Ke -2007, at 12' !9 , o'clock ?.m., at 289 Gre*-K5pr'1 ? R-x 1 !y QIJu v (? 1? , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. w (-te Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age46 Height Weight 93O Race _ Sex Other I, A(..D 4L46L- - a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. SWI Q and sub cr' bef re his ay ` I of 1200 No By: EA at ;?w JerseyRVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATR+CIA E. HARRIS Commission Expires June 18, 2008 NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: Time: 2°d Attempt: Timer 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 C= Li " - r -VM w 9 c3 - -- 4 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK TRUST CUMBERLAND COUNTY No. 07-2010 CIVIL TERM DEFENDANT(S) DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE ACCT. #142985 Type of Action SERVE: LINDA K. RAKENTINE - Notice of Sheriffs Sale 889 GREENSPRING ROAD NEWVILLE, PA 17241 Sale Date: SEPTEMBER 5, 2007 SERVED Served and made known to J^ ( 1`lC? 1? _ ??K?y? C l hle, Defendant, on the / I Slh day of -Ick es , 200 at f (q o'clock .in., at &rWA 5pr L * j , &L OW U I It P 3, P- IA6 , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age -0- Height 4-7)1c," Weight o?30 Race K) Sex -E Other I, N k-'LD AQ L L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. o and su s befo e this of 20WT By: h4" wz?v N .ter I / SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of ;yew Jerny NOT SERVED PATRICIA E, HARRIS 0;%Pission iAllyc he 18, IWO , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 C a ? t ? c te M ;v w r - m w SALE DATE: SEPTEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK TRUST VS. DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE No.: 07-2010 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 889 GREENSPRING ROAD, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. C?k DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: July 30, 2007 142985 00 Nz o N a tp o ?.e .n cly' a e.. n, O O v O 4 ran xy ? d ?3 ! r b N ?s N> T r p Q ?r1 'ro r' .o to v' °° ? O 00 o W rTi ? O d as ?O d y tri o ? ? [r7 r' G .? ? O tj rm. n v I:A 0 G Kr1 G'? ? r 0 ?- z G 0. O o b. n? 4? d a b N w ? p . 3 " ok1 'A c °, o ? Ca ?? Npp M N ppp? G O? N gg ? N?p ; t pi ? n ° N ? Co o w e k-n n ,m a o 0 ky??Q 4 rn n t. k o A ?. N N t pTNEV S 0 2 ,M $ 02.45° ,,000421801 0 JUN 01 2007 AILED FROM 71PCODE 191 0': C7 cm trt C ; ril J) f PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County David K. Rakentine No. 07-2010 CIVIL TERM A/K/A David Keith Rakentine Linda K. Rakentine Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 11, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on June 1, 2007 in the amount of $93,481.94. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". c 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $86,788.33 Interest Through 9/05/07 2,500.00 Per Diem $6.25 Late Charges 191.00 Legal fees 2,225.00 Cost of Suit and Title 1,634.00 Sheriffs Sale Costs 0.00 Property Inspections 45.00 Appraisal/Brokers Price Opinioin 350.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,866.47 TOTAL $95,599.80 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 27, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 11? Phelan Hallinan & Schmieg, LLP By Michele M. Brad ord, squi e Attorney for Plaintiff f PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County David K. Rakentine No. 07-2010 CIVIL TERM A/K/A David Keith Rakentine Linda K. Rakentine Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 889 Greenspring Road, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cam, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By MIeM.rBra-d&fforJ, i g, LLP wire Attorney for Plaintiff C:D r ' r _ rV c? c.n p C PHELAN 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 PHILADELPHIA, PA 19103 (215) 563-7000 142985 DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff NO. 07 - X26 ! 0 ` I- u L"--7k ?1, CUMBERLAND COUNTY DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 Defendants FILE ??? ??OR q CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE VftV 080y ? a true anci to copy m rp-torr File #: 142985 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 File #: 142985 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: 142985 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. Filc #: 142985 1. Plaintiff is DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE 889 GREENSPRING ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR QUICKEN LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1888, Page: 268. 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. 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. File #: 142985 6. The following amounts are due on the mortgage: Principal Balance $86,788.33 Interest $3,744.72 08/01/2006 through 04/09/2007 (Per Diem $14.86) Attorney's Fees $1,250.00 Cumulative Late Charges $191.03 10/26/2004 to 04/09/2007 Cost of Suit and Title Search 750.00 Subtotal $92,724.08 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $92,724.08 7. 8. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The allomey'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. Plaintiff is not seeking a judgment of personal liability (or an in personam 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. File #: 142985 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. 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 $92,724.08, together with interest from 04/09/2007 at the rate of $14.86 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. PHELAN HQLLINAN & SSCHMIEG U By: /s/Francls S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142985 LEGAL DESCRIPTION ALL that certain tract of land located in North Newton Township, Cumberland County and Commonwealth of Pennsylvania, known as Lot 6 on a Final Subdivision Plan for Richard Mains prepared by Eric L. Diffenbaugh, PLS, dated August 6, 1996, revised on October 21, 1996 and December 10, 1996, and recorded in the Cumberland County Recorder of Deeds Office at Plan Book 73, page 3, and recorded February 7, 1997, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of T-388, thence along lands of the Commonwealth of Pennsylvania (Pennsylvania Game Commission) North 55 degrees 20 minutes 32 seconds East 973.65 feet passing through a set concrete monument located 16.50 feet from the said existing railroad spike to an existing railroad spike in the centerline of T-394, said existing railroad spike being North 55 degrees 20 minutes 32 seconds East, 18.95 feet from a set concrete monument, thence along the centerline of T-394 and lands now or formerly of Edith N. Redcay South 18 degrees 43 minutes 03 seconds East 532.24 feet to an existing P.K. nail in the centerline of SR 0641, thence along the centerline of SR 0641 and lands now or formerly of Robert A. Strohm and lands to be conveyed to Samuel J. Ocker the following five courses: (1) South 48 degrees 00 minutes 22 seconds West 484.86 feet to an existing P.K. nail, (2) thence South 58 degrees 05 minutes 39 seconds West 37.75 feet to an existing P.K. nail, (3) thence South 69 degrees 24 minutes 35 seconds West 49.74 feet to an existing P.K. nail, (4) thence South 81 degrees 18 minutes 53 seconds West 49.69 feet to an existing P.K. nail, (5) thence North 85 degrees 53 minutes 27 seconds West 49.83 feet to an existing P.K. nail, thence along lands now or formerly of Melissa A. Wise and J. Paul Barrick and through T-388 North 53 degrees 55 minutes 15 seconds West 536.88 feet to and existing railroad spike and the PLACE OF BEGINNING. Ric #: 142985 , L. . CONTAINING 10.0319 acres. BEING part of the salve premises which Carl C. Rebuck granted and conveyed unto Richard G. Mains and Shelva J. Mains, his wife, by deed dated June 3, 1994, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book 106, Page 531 on June 3, 1994. PROPERTY BEING: 889 GRENSPRING ROAD File #: 142985 W 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ''7 OA PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 [215) 563-7000 DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 07-2010 CIVIL TERM DAVID K. RAKENTINE `j A/K/A DAVID KEITH RAKENTINEs } .-`?.r f `y = j ?F'.F,q # t. " LINDA K, RAKENTINE 889 GREENSPRING ROAD i? Off. NEWVILLE,PA 17241' 5m Defendants). z w -+ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO -? CO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID X RAKENTINE AWA DAVID KEITH RAKENTINE and LINDA K. RAKENTINE Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/10/07 to 5/30/07 TOTAL $92,724.08 $757.86 $93,481.94 I hereby certify that 0) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. NT -TO N Ey r-! t--E C J py DANIEL G. SCHMIPG, ESQUIRE pi ZASE R.ENU N Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 142985. 0 Y « Exhibit "C" a 4 0 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire July 27, 2007 David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine 889 Greenspring Road Newville, PA 17241 Representing Lenders in Pennsylvania and New Jersey RE: Deutsche Bank Trust vs. David K. Rakentine A/K/A David Keith Rakentine and Linda K. Rakentine Premises Address: 889 Greenspring Road, Newville, PA 17241 Cumberland County CCP, No. 07-2010 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, August 1, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V 1 your ich le M. r ford, squire For Phelan HalIinan & Schmieg, LLP Enclosure O Gtr N a w 0 x? U S 00 fi xU a ri v a. O P. C a h v E^o? zQo ia" a. G A 0 7 oo o 'N u c- 0 0 eq E'-.c u U /] E c ? £ 0 L 5 4 3003 dIZ WOHJ 031IVVV w Z LZ-inr OL08LZb000- LO O oo° ± ?? VU zo 0030 T•3 9 A3Nlld G C 5j/y?p ®w?s_ 00?a OO 00 N U N V u H 0 u G) .- O UaU u O 7 V Fi v u 0 ? u i W 0 o 1O $ o ep? _ ? w w i •C Cv O W H p C O ? T cd "Cl o",E K N VU a g m 22 b u 'Og$g ,L ? R' 1-? ? G> cd a ? m d ? m O 064 V .b a y ¢ ,__; a w ?z ' VJ O 0/ b ? F? o u u W O _ ?.? ? o 0 va ? Cd 1-w t0 v z A i -0 kr) Z N y ty c x u ?, W T Q a ° uv ? y a z .? I-E N M try ?O r- 00 0, O N M F a K VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Phelan Hallinan & Schmieg, LLP B fflMichele W1B3radfbrdj.,-Esquire Attorney for Plaintiff + 1§-+ ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Plaintiff vs. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 07-2010 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine 889 Greenspring Road Newville, PA 17241 DATE: y I W I T+ 1 inan & Sc ieg, LLP By: Michele M. Bradf rd, Esquire Attorney for Plaintiff CCU z? ' 1l :71 E - t`rz ?? C.r r . 4, !4,36 0 9 2007° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank Trust Plaintiff VS. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2010 CIVIL TERM RULE AND NOW, this 0 ` day of w•`? 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 2_'0 ckcnp 4z- Rule Returnable ta. BY Mic le M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a)fedphe.com A David K. Rakentine A/K/ Linda K. Rakentine 889 Greenspring Road Newville,l\A 17241 tT Keith Rakentine 142985 J. i 40 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Plaintiff vs. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 07-2010 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 31, 2007 was sent to the following individual on the date indicated below. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine 889 Greenspring Road Newville, PA 17241 DATE: I I -I-) D'? 0 P y: MBBraddfArddc,, LLP Michele Attorney for Plaintiff C') ? C? !? p -n -x.. ,, ; _ c.s? ._ r c`' s??r ts? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County David K. Rakentine No. 07-2010 CIVIL TERM A/K/A David Keith Rakentine Linda K. Rakentine Defendants MOTION TO MAKE RULE ABSOLUTE Deutsche Bank Trust, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on August 8, 2007. 3. A Rule was entered by the Court on or about August 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 14, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 4, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Bradford, Esquire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Plaintiff VS. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2010 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 8, 2007. A Rule was entered by the Court on or about August 10, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 14, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 4, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. MIEG, LLP Date is MIeBrMadfo6rdhsq"ViCre torney for the Plaintiff At Exhibit "A" AU6 0120 Ib IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank Trost : Court of Common Pleas Plaintiff vs. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants : Civil Division : Cumberland County : No. 07-2010 CIVIL TERM RUL N 1 AND NOW, this day o 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. I A Rule Returnable on-e age,R SeaV.ICC°, -0 in the JURT4 4% ^ J J. BY Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL.: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com David K. Rakentine AJKIA David Keith Rakentine Linda K. Rakentine 889 Greenspring Road Newvdle, PA 17241 142995 Exhibit "B" n N 0 o U ? n;-- cz - 4:5 r Cn l t- rn PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard OQ Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust : Court of Common Pleas Plaintiff : Civil Division VS. ?. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants;' Q Cumberland County : No. 07-2010 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 31, 2007 was sent to the following individual on the date indicated below. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine 889 Greenspring Road Newville, PA 17241 P li c ieg, LLP DATE: D Y: "-LL A Michele M. Bradf rd, uire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S q ?--51 64 Date §4904 relating to the unsworn falsification of authorities. Aq) A ichele M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Plaintiff VS. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2010 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine 889 Greenspring Road Newville, PA 17241 DATE: P el =)3radforh, re Attorneyfor Plaintiff C7 c? C`? --?? _._ ? , `. _, i ' ? ??y sus _ ? ?? , G?,. ?' ? ;p. . .?- ..? .? ? .,c PIMAN KAL WANG SCHMB?? Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 07-2010 CIVIL TERM Plaintiff Vs. DAVID K. RAKENTINE, A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendant(s) P_RAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAIlV'TIFF PURSUANT TO PSJLC.P-RULE 2352 TO THE PROTHONOTARY: Kindly substitute DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2005-A2 as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES TTF RAST 2005-A2 is the current holder of the mortgage by virtue of that certain ASSIGNMENT recorded 08/22/07 in Book No. INSTRUMENT No. 200732934 . Kindly change the information on the docket. Date: September 5, 2007 Francis S. allinan, Esquire Attorneys for Plaintiff PHS # 142985 c fn r, ' p ? SEP 0 7 2001 "'y" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank Trust Plaintiff VS. David K. Rakentine A/K/A David Keith Rakentine Linda K. Rakentine : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2010 CIVIL TERM Defendants ORDER AND NOW, this /7` day of -ry.*L4-- , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is odered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 9/05/07 Per Diem $6.25 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $86,788.33 2,500.00 191.00 2,225.00 1,634.00 0.00 45.00 350.00 0.00 0.00 t71NVAWNN3d AIN o,-) nfi•!! 3 rjo 1 l :01 WV £ ! d3S L ?if" U: . jo Atli Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 1,866.47 $95,599.80 Plus interest from 9/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. THE URT: J. 142985 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 Deutsche Bank National Trust Co Tr is the grantee the same having been sold to said grantee on the 9th day of Jan A.D., 2008, under and by virtue of a writ Execution issued on the 1 st day of June, A.D., 2007, out of the Court of Common Pleas of said 2007 Number 2010, at the suit of Deutsche Bank Trust against Linda K is duly recorded as Instrument Number 200803012. IN TESTIMONY of said office this A.D. a as of Civil Term, I have hgreunto set my hand 3 day of k I Recorder of Deeds ds, Cwr&M W Cowdy. Ca &k, PA Expires the Fret Monday of ,Nn. 2010 Deutsche Bank Trust In the Court of ommon Pleas of VS Cumberland County, Pennsylvania David K. Rakentine a/k/a David Keith Writ No. 2007- 010 Civil Term Rakentine and Linda K. Rakentine Richard Smith, Deputy Sheriff, who being duly sworn accor ing to law, states that on June 14, 2007 at 1219 hours, he served a true copy of the wit hin Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: David K. Rakentine a/k/a David Keith Rakentine and Linda K. Rakentine, by making known unto Linda Rakentine, personally and wife of David K. Rakentine a/k/a David Keith Rakentine, at 889 Greenspring Road, Newville, Cumb land County, Pennsylvania its contents and at the same time handing to her perso nally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn acco rding to law, states that on July 13, 2007 at 1222 hours, he posted a true copy of the wi in Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon th property of David K. Rakentine a/k/a David Keith Rakentine and Linda K. Rakentine ocated at 889 Greenspring Road, Newville, Cumberland County, Pennsylvania ac ording to law. R. Thomas Kline, Sheriff, who being duly sworn according o law, states he served the above Real Estate Writ, Notice, Poster and Description i the following manner: The Sheriff mailed a notice of the pendency of the action the within named defendants, to wit: David K. Rakentine a/k/a David Keith Rakentin and Linda K. Rakentine, by regular mail to their last known address of 889 Gree spring Road, Newville, PA 17241. These letters were mailed under the date of Ju ly 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according o law, states that after due and legal notice had been given according to law, he expo sed the within described premises at public venue or outcry at the Courthouse, Car lisle, Cumberland County, Pennsylvania on January 9, 2008 at 10:00 o'clock A.M. H sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche B ank National Trust Company as Trustee Under the Pooling and Servicing Agreement S eries ITF RAST 2005-A2. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company as Trustee Under the Pooling and Servicing Agreement Series ITF RAST 2005-A2, of 460 Sierra Madre Villa Avenue, Suite 101, Pasadena, CA 91107, being the buyer in this execution, paid to Sheriff R. Thomas Kline he sum of $1,369.45. Sheriff s Costs: Docketing $30.00 Poundage 26.07 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 557.00 Patriot News 471.89 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 1,369.45 So Answers: f 0'000--?? "? R. Thomas Kline, Sheriff B Real Estate jSgeant ./ AID (. / OF C?' a? Uc Ga o 91, DEUTSCHE BANK TRUST CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS DAVID K. RAKENTINE CIVIL DIVISION A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE NO. 07-2010 IVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 31 (Affidavit No. 1) DEUTSCHE BANK TRUST, Plaintiff in the above action, by its ESQUIRE, sets forth as of the date the Praecipe for the Writ of Ex information concerning the real property located at .889 GREEN 17241. y, DANIEL G. SCHMIEG, was filed the following 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if ddress cannot be reasonably ascertained, lease indicate) DAVID K. RAKENTINE 889 GREENSPRING ROAD A/K/A DAVID KEITH RAKENTINE NEWVILLE, PA 17241 LINDA K. RAKENTINE 889 GREENSPRING OAD NEWVILLE, PA 172 1 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose j property to be sold: is a record lien on the real Name Last Known Address (if address cannot be reasonably ascertained please indicate) None 4. Name and address of last recorded holder of every mortgage of Name Last Known Address (i address cannot be reasonably ascertained, please indicate) UNITED STATES OF AMERICA ACTING 120 PLEASANT ACRES ROAD THROUGH THE FARM SERVICE AGENCY, YORK, PA 17402 UNITED STATES DEPT. OF AGRICULTURE 1 5. Name and address of every other person who has any record lien on thle property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest i the property and whose interest may be affected by the sale. Name Last Known Address (i address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 889 GREENSPRII G ROAD NEWVILLE, PA 117241 13 North Hanover Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17 05 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA ,17128 13TH FLOOR, SUIT 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 5222 DEPARTMENT OF PUBLIC WELFARE PO BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 30, 2007 DATE a N_/ - v Y Y DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK TRUST CUMBERLA COUNTY Plaintiff, V. No. 07-2010 IV IL TERM DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE LINDA K. RAKENTINE Defendant(s). May 30, TO: DAVID K. RAKENTINE LINDA K. KENTINE A/K/A DAVID KEITH RAKENTINE 889 GREE SPRING ROAD 889 GREENSPRING ROAD NEWVILL , PA 17241 NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DE T AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY CEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHO LD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AG INST PROPERTY. * * Your house (real estate) at, 889 GREENSPRING ROAD, NEV scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 1 I County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforc $93,481.94 obtained by DEUTSCHE BANK TRUST (the mortgagee) sale is continued, an announcement will be made at said sale in compliai NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee costs and reasonable attorney's fees due. To find out I call: (215) 563-7000. VILLE. PA 17241, is :00 a.m. in the Cumberland the court judgment of gainst you. In the event the ce with Pa.R.C.P., Rule 3129.3. back payments, late charges, much you must pay, you may 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 ay 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 ontact one, the more chance you will have of stopping the sale. (See notice on page two on how too tain an attorney.) VE RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold t the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if th 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, yo 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 r your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will b paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution i wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getti g your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON E. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs S le. The sale must be postponed or stayed in the event that a representative of the plai tiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY RE ERRS CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL that certain tract of land located in North Newton Township, Cu mberland County and Commonwealth of Pennsylvania, known as Lot 6 on a Final Subd ivision Plan for Richard Mains prepared by Eric L. Diffenbaugh, PLS, dated August , 1996, revised on October 21, 1996 and December 10, 1996, and recorded in the Cumb erland County Recorder of Deeds Office at Plan Book 73, page 3, and recorded Feb ary 7, 1997, bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of T-388, thence along lands of the Commonwealth of Pennsylvania (Pennsylvania Game Commi sion) North 55 degrees 20 minutes 32 seconds East 973.65 feet passing through a se concrete monument located 16.50 feet from the said existing railroad spike to an existing railroad spike in the centerline of T-394, said existing railroad spike being North 55 degrees 20 minutes 32 seconds East, 18.95 feet from a set concrete monument, thence along the centerline of T- 394 and lands now or formerly of Edith N. Redcay South 18 degrees 43 minutes 03 seconds East 532.24 feet to an existing P.K. nail in the centerline of R 0641, thence along the centerline of SR 0641 and lands now or formerly of Robert A. Strohm and lands to be conveyed to Samuel J. Ocker the following five courses: 1) South 48 degrees 00 minutes 22 seconds West 484.86 feet to an existing P.K. nail, (2) hence South 58 degrees 05 minutes 39 seconds West 37.75 feet to an existing P.K. nail, (3) thence South 69 degrees 24 minutes 35 seconds West 49.74 feet to an existing P. K. nail, (4) thence South 81 degrees 18 minutes 53 seconds West 49.69 feet to an existi g P.K. nail, (5) thence North 85 degrees 53 minutes 27 seconds West 49.83 feet to existing P.K. nail, thence along lands now or formerly of Melissa A. Wise and J. Paul arrick and through T-388 North 53 degrees 55 minutes 15 seconds West 536.88 feet to an existing railroad spike and the PLACE OF BEGINNING. CONTAINING 10.0319 acres. BEING part of the same premises which Carl C. Rebuck granted an conveyed unto Richard G. Mains and Shelva J. Mains, his wife, by deed dated June , 1994, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book 106, Page 531 on June 3, 1994. PARCEL IDENTIFICATION NO: 30-08-0595-081 PARCEL IDENTIFICATION NO: 30-08-0595-081-TR04486 CONTROL #: 30000946 PREMISES BEING: 889 GREENSPRING ROAD, NEWVILLE, P 17241 TITLE TO SAID PREMISES IS VESTED IN David K. Rakentine d Linda K. Rakentine, husband and wife, by Deed from Richard C. Mains and S elva J. Mains, husband and wife, dated 06/19/1997, recorded 06/20/1997, in Deed Book 159, page 849. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST, Plaintiff (s) From DAVID K. RAKENTINE A/K/A DAVID KEITH RAKENTINE AN LINDA K. RAKENTINE (1) You are directed to levy upon the property of the defendant (s)and to sell S E 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 ga ' hee(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 fo d 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 $93,481.94 L.L. $.50 Interest FROM 5/30/07 TO 9/5/07 (PER DIEM - $15.37 -- $1,506.26 AND Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs $2,801.50 Plaintiff Paid Date: JUNE 1, 2007 R. Long, (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IU%A C? Real Estate Sale # 51 On June 1 1, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 889 Greenspring Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 11, 2007 By: Real Esta' Sergeant I L! THE PATRIOT NEWS THE SUNDAY PATRIOT N Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} s 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 p blished at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunda 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 5th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subjec matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place an character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorize 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 Compare and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin ' Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #51 Sworn to and subscribed ®MMO OF P NSYL D. bFf&e na Terry Russell, Notary Public City Of rg, Dauphin County My Comm ' n Expires June 6, 2010 'fie er, Pe vania Association of NvtAdPE- /?? Zw/' NOT Y PUBLIC CUMBERLAND COUNTY S ERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 iii dam, 7C. ALL d w mms t4 of bod,*jbd m Nmth Nae1oE ? and ??, tbsoua as Loe 6 an a Bliti . I, dated ?. 7?'nevi? iah+??aher 2f, f996 and, '00 nemm*d k da cmboamd > of Deeds office at ft DW& 73. OWL-3. mid' eF3Mir,.e.. aMAFQMW +a+tu+gPhge?nl?Ytwd V& in the ceoWdero of 7L3W,*i1 *vikYlt of the e(56 GAMe miao 32 seoaetle 1W 9".6. fear Pegg Mkmmo a so a me10 kcad MM fed hm 4w mid a q' vu b an cis* ee,7toW qik is the d oe of-394, said miaWg oW d " " W Nasth 55 ?' ? f4.95 deeY fbhes a sd oa?YOasa.io?e..ar op 'm 'h. „ w=womm'of raft N, biiNY1006 19,4000 4 mi>rees 03 aeontdit at t l set #t rs esie6ieig pjL mdf in tie owmaw fw Iwo aleug the ce>Aine of SCOW and Wn& ww of famudy ofl*obt &I $060=d be* to be cetweyad 4Q 40w* five worm: (f) bs At ftmo,* moms Z2 smods West 48436 fat.oD w mis* P. iL uit, (2) thaoce +p5'osht W 39 smoeh Yho ??k?91f ?f'$ sail (3) thence tfiR Ll aaigryes 35 SA 006WesE gdgj??$ mil (4) >i f8 53 seco»ds& 1 into ea P.$ npl M them Nw& 85 dtpees iiR*s 27 wm& West 49.83 #jw tte B, jL nal, ?ce afatsg 1aOds ids A.`vm awl. Petri tlitlt T-3m wet d the DwYW H. Rahm6e> aarl Limb IL Rake hastaand -d Atife. by Dead faant Iticbxd C. how l..J. to ad wife, daf d fl gs? ? a.its Deed Bede 150,peges PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne, Esquire, Editor of the Cumberland Law J urnal, of the County and State aforesaid, being duly sworn, according to law, deposes and says at 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: Jul 20, Jul 27, and August 3, 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. LisaMarie Coyne, lEdXor SWORN'TO AND S 3 day of Au Notary before me this NOI?Rft SEAL DEBO DAU A COLLINS Pub Nc CARLISLE SORO, UMBERLAND COUNTY My Co In E PINT Apt 28, 2010 REAL, E TATS SALZ NO. 81 Writ No. 2007-2010 Civil Deutsche Bank Trust vs. David K. Rakentine a/k/a David Keith Rakentine and Linda K. Rakentine Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land located in North Newton Township, Cumberland County and Common- wealth of Pennsylvania, known as Lot 6 on a Final Subdivision Plan for Richard Mains prepared by Eric L. Diffenbaugh, PLS, dated August 6, 1996, revised on October 21, 1996 and December 10, 1996, and recorded in the Cumberland County Recorder of Deeds Office at Plan Book 73, page 3, and recorded February 7, 1997, bounded and described as follows: BEGINNING at an existing rail- road spike in the centerline of T-388, thence along lands of the Common- wealth of Pennsylvania (Pennsylvania Game Commission) North 55 degrees 20 minutes 32 seconds East 973.65 feet passing through a set concrete monument located 16.50 feet from the said existing railroad spike to an existing railroad spike in the centerline of T-394, said existing railroad spike being North 55 degrees 20 minutes 32 seconds East, 18.95 feet from a set concrete monument, thence along the centerline of T-394 and lands now or formerly of Edith N. Redcay South 18 degrees 43 minutes 03 seconds East 532.24 feet to an existing P.K. nail in the centerline of SR 0641, thence along the centerline of SR 0641 and lands now or formerly of Robert A. Strohm and lands to be conveyed to Samuel J. Ocker the following five courses: (1) South 48 degrees 00 minutes 22 seconds West 484.86 feet to an existing P K. nail, (2) thence South 58 degrees 05 minutes 39 seconds West 37.75 feet to an ex- isting P. K. nail, (3) thence South 69 degrees 24 minutes 35 seconds West 49.74 feet to an existing P. K. nail, (4) thence South 81 degrees 18 minutes 53 seconds West 49.69 feet to an ex- isting P. K. nail, (5) thence North 85 degrees 53 minutes 27 seconds West 49.83 feet to an existing P. K. nail, thence along lands now or formerly of Melissa A. Wise and J. Paul Barrick and through T-388 North 53 degrees 55 minutes 15 seconds West 536.88 feet to an existing railroad spike and the PLACE OF BEGINNING. ., w,. CONTAINING 10.0319 acres. BEING part of the same premises which Carl C. Rebuck granted and conveyed unto Richard G. Mains and Shelva J. Mains, his wife, by deed dated June 3, 1994, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book 106, Page 531 on June 3, 1994. PARCEL IDENTIFICATION NO: 30-08-0595-081. PARCEL IDENTIFICATION NO: 30-08-0595-08 1 -TR04486 CONTROL #:30000946, PREMISES BEING: 889 GREEN- SPRING ROAD, NEWVILLE, PA 17241. TITLE TO SAID PREMISES IS VESTED IN David K. Rakentine and Linda K. Rakentine, husband and wife, by Deed from Richard C. Mains and Shelva J. Mains, husband and wife, dated 06/ 19/ 1997, recorded 06/20/1997, in Deed Book 159, page 849.. ?... . ..?