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HomeMy WebLinkAbout07-3542PHELAN 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 149213 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 047 - 3$?Sl? (r'6 v T CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149213 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 #: 149213 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 #: 149213 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 #: 149213 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/07/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1958, Page: 984. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2006 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 #: 149213 6. The following amounts are due on the mortgage: Principal Balance $52,436.82 Interest $3,160.50 10/01/2006 through 06/15/2007 (Per Diem $12.25) Attorney's Fees $1,250.00 Cumulative Late Charges $40.56 07/07/2006 to 06/15/2007 Cost of Suit and Title Search 550.00 Subtotal $57,437.88 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $57,437.88 7. 8. 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 #: 149213 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. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $57,437.88, together with interest from 06/15/2007 at the rate of $12.25 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 HALLINAN & SCHMIEG, LLP r By: Francis S. H 1 a lman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149213 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land or lot of ground, situate on East Louther Street, known and numbered as No. 260, in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON the North by East Louther Street, on the East by lot formerly of Jennie Adams, now or formerly of Herbert Morrow, on the South by a 12 foot alley; on the West by the lot formerly of Elizabeth and Duval Carbaugh, now or formerly of Mildred Myers; containing 24 feet in front on East Louther Street, and 197 fee in depth, more or less, to the said 12 foot alley. TOGETHER with the improvements erected thereon known and numbered as 260 E. Louther Street, Carlisle, Pennsylvania. THIS lot is conveyed with the understanding that when the present back building erected thereon is torn away, there shall be no right given to project the roof over on Lot No. 258. PARCEL#: 02-21-0318-332 PROPERTY BEING: 260 EAST LOUTHER STREET File #: 149213 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. - ) IL, ??- . Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:LAb a r rt, F= _ .. :'rte 9 SHERIFF'S RETURN - REGULAR CASE'NO: 2007-03542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS DEVONSHIRE BRUCE K ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEVONSHIRE BRUCE K the DEFENDANT at 1903:00 HOURS, on the 19th day of June , 2007 at 260 EAST LOUTHER STREET CARLISLE, PA 17013 BRUCE K DEVONSHIRE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 1S/o7 4- -*/ 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/20/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE-NO: 2007-03542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS DEVONSHIRE BRUCE K ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEVONSHIRE LAUREN A the DEFENDANT , at 1903:00 HOURS, on the 19th day of June 2007 at 260 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to BRUCE K DEVONSHIRE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 Lfas/a? ,i 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/20/2007 PHELAN HALLINAN SCHMIEG By' ? - Deputy Sheriff of A. D. 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 3476 STATEVIEW BLVD. FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 07-3542 CIVIL BRUCE K. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 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 BRUCE K. DEVONSHIRE and LAUREN A. DEVONSHIRE, 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 06/16/07 to 07/30/07 TOTAL $57,437.88 $551.25 $57,989.13 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 Rule237.1, copy attached. DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. k1 J?j ?6,`? DATE: ? A067 P PROTHY 149213 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE 1 Plaintiff Vs. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendants TO: LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE PA 17013 DATE OF NOTICE: JULY 10, 2007 COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 07-3542-CIVIL 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 FRANCIS S. HA LINAN, 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE 1 Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendants TO: BRUCE K. DEVONSH RE 260 EAST LOUTHER STREET CARLISLE, PA 17013 DATE OF NOTICE: JULY 10, 2007 : CUMBERLAND COUNTY NO. 07-3542-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NO `IC't_ I YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED T I d I ?, ? ' : a INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT I'I1I €Tt;;a (E :' S; "g: PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDE:h C I I: ; 4 3 P SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, 111 ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APP'[-,:AI A", PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFEN`xI S 01< OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN'l-E N DA I DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING ;;N," MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAN :\ I GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU Wi 1 !1 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDM-, 1'Gi i I INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS .!%" REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 RANCIS S. HALLINAN, Fti{>Fst\'f: Attorneys for Plaintiff I 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HEl 3476 STATEVIEW BLVD. Plaintiff, v. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3542 CIVIL 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 BRUCE K. DEVONSHIRE is over 18 years of age and resides at, 260 EAST LOUTHER STREET, CARLISLE, PA 17013. (c) that defendant LAUREN A. DEVONSHIRE is over 18 years of age, and resides at, 260 EAST LOUTHER STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r DANIEL G. SCHMfEG, ESQ , Attorney for Plaintiff rl?l C nlM " (_ 5 rn (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK CUMBERLAND COUNTY (USA), INC., SERIES HASCO 2006-HEI COURT OF COMMON PLEAS 3476 STATEVIEW BLVD. CIVIL DIVISION Plaintiff, NO. 07-3542 CIVIL V. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001, BY: If you have any questions concerning this matter, please contact: r DANIEL G. SCHMIEG, ESQUIRE ( /) ? Attorney for Plaintiff ?/ ONE PENN CENTER AT SUBURBAN STATION 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." r' + PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 Plaintiff, V. No. 07-3542 CIVIL BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $57,989.13 Interest from 07/30/07 to DECEMBER 5, 2007 $1,219.84 ai'IdLCosts (per diem -$9.53) Add'I Costs $2,562.00 TOTAL $61,770.97 N ivi vex ,xi I / ILj \---, % DANIEL G. SCHMIEG, ESQUI One Penn Center at Suburban ion 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. 149213 O W N w ?a W P ? H Via- w W? w?V o v A ?r l ?? w' 4J .J VVV? + 111?? ? ?/-4 ? v t o° ?W AA xd V Z \? V r _ Y O 0 w? O? ?o ?w ? O v a Q V! V C-t ^V V W V M M a° t-- r p.. W ra11 ?U P H W 00 aa? r? d 'd W W ss. N N 'to . M rn J ALL THAT CERTAIN tract of land or lot of ground, situate on East Louther Street, known and numbered as No. 260, in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON the North by East Louther Street, on the East by lot formerly of Jennie Adams, now or formerly of Herbert Morrow, on the South by a 12 foot alley; on the West by the lot formerly of Elizabeth and Duval Carbaugh, now or formerly of Mildred Myers; containing 24 feet in front on East Louther Street, and 197 fee in depth, more or less, to the said 12 foot alley. TOGETHER with the improvements erected thereon known and numbered as 260 E. Louther Street, Carlisle, Pennsylvania. THIS lot is conveyed with the understanding that when the present back building erected thereon is torn away, there shall be no right given to project the roof over on Lot No. 258. PARCEL IDENTIFICATION NO: 02-21-0318-332 CONTROL #: 02000722 Premises: 260 East Louther Street, Carlisle, PA 17013 Carlisle Borough 1st Ward Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Bruce K. Devonshire and Lauren A. Devonshire, husband and wife, by Deed from Peggyann P. Williams, single woman, dated 07/06/2006, recorded 07/11/2006, in Deed Book 275, page 3019. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3542 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1, Plaintiff (s) From BRUCE K. DEVONSHIRE AND LAUREN A. DEVONSHIRE (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 $57, 989.13 L.L. $.50 Interest FROM 7/30/07 TO 12/5/07 (PER DIEM - $9.53) - $1,219.84 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Plaintiff Paid Date: AUGUST 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 Other Costs ADD'L COSTS - $2,562.00 1JCyuLy 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 Plaintiff, V. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE . Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3542 CIVIL 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. Attorney for Plaintiff Gll d` ? r ro s? ' F3, C- ? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 Plaintiff, V. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3542 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HSBC BANK SA INC., SERIES HASCO 2006-HE1 , 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,260 EAST LOUTHER STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Last Known Address (if address cannot be reasonably ascertained, please indicate) 260 EAST LOUTHER STREET CARLISLE, PA 17013 260 EAST LOUTHER STREET CARLISLE, PA 17013 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None k 4 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) MERS AS A NOMINEE FOR WMC MORTGAGE CORPORATION MERS AS A NOMINEE FOR WMC MORTGAGE CORPORATION P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 54089 LOS ANGELES, CA 90054 5. Name and address of every other person who has any record lien on the 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 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 260 EAST LOUTHER STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 uns rn falsification to authorities. July 30, 2007 DATE Attorney for Plaintiff r-a Q Q ? . p 5? .- C7 -n r7l z J F -c DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HEl Plaintiff, V. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendant(s). CUMBERLAND COUNTY No. 07-3542 CIVIL July 30, 2007 TO: BRUCE K. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 "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 NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at , 260 EAST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $57,989.13 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HEl (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 I ALL THAT CERTAIN tract of land or lot of ground, situate on East Louther Street, known and numbered as No. 260, in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON the North by East Louther Street, on the East by lot formerly of Jennie Adams, now or formerly of Herbert Morrow, on the South by a 12 foot alley; on the West by the lot formerly of Elizabeth and Duval Carbaugh, now or formerly of Mildred Myers; containing 24 feet in front on East Louther Street, and 197 fee in depth, more or less, to the said 12 foot alley. TOGETHER with the improvements erected thereon known and numbered as 260 E. Louther Street, Carlisle, Pennsylvania. THIS lot is conveyed with the understanding that when the present back building erected thereon is torn away, there shall be no right given to project the roof over on Lot No. 258. PARCEL IDENTIFICATION NO: 02-21-0318-332 CONTROL #: 02000722 Premises: 260 East Louther Street, Carlisle, PA 17013 Carlisle Borough 1st Ward Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Bruce K. Devonshire and Lauren A. Devonshire, husband and wife, by Deed from Peggyann P. Williams, single woman, dated 07/06/2006, recorded 07111/2006, in Deed Book 275, page 3019. ? ? ?,, ?i ?'"' S3 vtc ??? ? ? ?? v? -? ?' ' 4 ?? -? :? a "? J yC.. ? ?rn •?. ? Deutsche Bank National Trust Company, as In The Court of Common Pleas of Trustee for HSBC Bank (USA), Inc., Series Cumberland County, Pennsylvania Hasco 2006-HE1 Writ No. 2007-3542 Civil Term VS Bruce K. Devonshire and Lauren A. Devonshire R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 1.55 Law Library .50 Prothonotary 2.00 Levy 15.00 Surcharge 30.00 1 / a7 a3 / $ 79.05 So Ans R. Thomas Kline, Sheriff BY Real Estate ergeant q 9 5 P / q 7a 4I/ r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK CUMBERLAND COUNTY (USA), INC., SERIES HASCO 2006-HE1 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION BRUCE K. DEVONSHIRE NO. 07-3542 CIVIL LAUREN A. DEVONSHIRE Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA). INC., SERIES HASCO 2006-HE1 , 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,260 EAST LOUTHER STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Last Known Address (if address cannot be reasonably ascertained, please indicate) 260 EAST LOUTHER STREET CARLISLE, PA 17013 260 EAST LOUTHER STREET CARLISLE, PA 17013 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) MERS AS A NOMINEE FOR WMC MORTGAGE CORPORATION MERS AS A NOMINEE FOR WMC MORTGAGE CORPORATION P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 54089 LOS ANGELES, CA 90054 5. Name and address of every other person who has any record lien on the 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 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 260 EAST LOUTHER STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 uns T falsification to authorities. n i 1 i }. July 30, 2007 DATE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HEl Plaintiff, V. BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE Defendant(s). CUMBERLAND COUNTY No. 07-3542 CIVIL July 30, 2007 TO: BRUCE K. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 "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 ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 260 EAST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $57,989.13 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HEI (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: 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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 J DESCRIPTION ALL THAT CERTAIN tract of land or lot of ground, situate on East Louther Street, known and numbered as No. 260, in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON the North by East Louther Street, on the East by lot formerly of Jennie Adams, now or formerly of Herbert Morrow, on the South by a 12 foot alley; on the West by the lot formerly of Elizabeth and Duval Carbaugh, now or formerly of Mildred Myers; containing 24 feet in front on East Louther Street, and 197 fee in depth, more or less, to the said 12 foot alley. TOGETHER with the improvements erected thereon known and numbered as 260 E. Louther Street, Carlisle, Pennsylvania. THIS lot is conveyed with the understanding that when the present back building erected thereon is torn away, there shall be no right given to project the roof over on Lot No. 258. PARCEL IDENTIFICATION NO: 02-21-0318-332 CONTROL #: 02000722 Premises: 260 East Louther Street, Carlisle, PA 17013 Carlisle Borough 1 st Ward Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Bruce K. Devonshire and Lauren A. Devonshire, husband and wife, by Deed from Peggyann P. Williams, single woman, dated 07/06/2006, recorded 07/11/2006, in Deed Book 275, page 3019. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3542 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1, Plaintiff (s) From BRUCE K. DEVONSHIRE AND LAUREN A. DEVONSHIRE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $57,989.13 L.L. $.50 Interest FROM 7/30/07 TO 12/5/07 (PER DIEM - $9.53) - $1,219.84 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs ADD'L COSTS - $2,562.00 Plaintiff Paid Date: AUGUST 1, 2007 C s R. Long, Prothonotary (Seal) Deputy 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 Real Estate Sale # 14 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 260 East Louther Street, Carlisle, more fully described on Exhibit "A" a filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: Real Estate Sergeant PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Attorney For Plaintiff Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for HSBC Bank (USA), Inc., Series Hasco 2006-HE1 Court Of Common Pleas Civil Division VS. Cumberland County Bruce K. Devonshire Lauren A. Devonshire No. 07-3542 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Halligan and Schmieg, LLP By:BCW\M 1? W . ADIUA Francis S. Halligan, Esquire Lawrence T. Phelan Dated: Daniel G. Schmieg File #: 149213 VERIFICATION China Brown hereby states that he/she is Vice President Loan Documentation of WELLS FARGO FINANCIAL INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ? ? tu Name:China Brown DATE: September 13, 2007 Title:Vice President Loan Documentation Company: WELLS FARGO FINANCIAL INC. Loan: 1300016338 File #: 149213 ?-.,.s ? v ?' a.? ~? t`?:_ ..? ...? _ _? - .be;: r ? _ ? ? ) , ,--. ...,? ? :? i?F , ?., ! ..?- ? _. • .. ./ . j Jr a� ' _1 -it; i(',:HE , �1i' ;. 2 iltFED 19 .rr ())(jfT fp j/ry J} ii,, le; 4n • . +(ter .y "AMA .. . . • • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 • • One Penn Center Plaza . Philadelphia,PA 19103 . ' 2 .5-563-7000•.. .1 . .. . . . DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas 0 COMPANY, AS. TRUSTEE FOR HSBC BANK (USA), INC:, SERIES HASCO Civil Division 2006-HE1 Plaintiff CUMBERLAND County v.. No.07-3542 CIVIL TERM . • BRUCE K.DEVONSHIRE A/K/A BRUCE DEVONSHIRE . LAUREN A.DEVONSHIRE . • Defendant(s) •• PRAECIPE . • TO THE PROTHONOTARY: . • •n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above.referenced case Settled, Discontinued and Ended. . • .•E Please'Vacate the judgment entered and mark the action Discontinued and Ended withoutprejudice. . 1 Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Vacate the Judgment entered. Date: 2/1(9 ((Cf PHELAN HALLINA LLP By: Courtenay R. Dunn,Esq., Id. No.206779 Attorney for Plaintiff . PH#643250 • 1�q. D IM� ; l 3103 ...14- (1(09 • • • Phelan Hallinan,LLP Attorney For Plaintiff • 1617'JFK Boulevard,Suite.1400 • One Penn Center Plaza Philadelphia,PA 19103 • 215-563-700W . DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR HSBC . BANK (USA), INC., SERIES HASCO Civil Division 2006-HE1 . Plaintiff CUMBERLAND County v. No.07-3542 CIVIL TERM BRUCE K.DEVONSHIRE A/K/A BRUCE • • DEVONSHIRE LAUREN A.DEVONSHIRE • . Defendant(s) • • CERTIFICATION OF SERVICE . I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: • •• . • BRUCE K.DEVONSHIRE A/K/A BRUCE DEVONSHIRE . . . • . • LAUREN A. DEVONSHIRE . • . . 260 EAST LOUTHER STREET • CARLISLE. PA 17013 • • Date: /felici PHELAN HALLIN A ► LLP By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff •