Loading...
HomeMy WebLinkAbout07-3711PHELAN 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 153928 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. ANNE MARIE ATSE MAMADOU CISSOKO 1 111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 37/1 ' CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 153928 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 #: 153928 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 #: 153928 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 #: 153928 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ANNE MARIE ATSE MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/30/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FREMONT INVESTMENT & LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1941, Page: 3567. 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 11/01/2006 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 #: 153928 6 The following amounts are due on the mortgage: Principal Balance $167,551.18 Interest $10,123.68 10/01/2006 through 06/19/2007 (Per Diem $38.64) Attorney's Fees $1,250.00 Cumulative Late Charges $128.82 01/30/2006 to 06/19/2007 Cost of Suit and Title Search 550.00 Subtotal $179,603.68 Escrow Credit ($135.57) Deficit $0.00 Subtotal ($135.57) TOTAL $179,468.11 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 #: 153928 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 $179,468.11, together with interest from 06/19/2007 at the rate of $38.64 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 FL?LLINAN & SCHMIEG P By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153928 LEGAL DESCRIPTION SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN TO BE SET AT THE Northwestern CORNER OF Lot NO. 57 ALONG BALTIMORE Road; THENCE North 49 DEGREES 36 MINUTES 01 SECOND East, 178.58 FEET TO AN IRON PIN TO BE SET; THENCE ALONG THE COMMON LINE OF Lots 27 AND 57, South 40 DEGREES 11 MINUTES 22 SECONDS East, 81.00 FEET TO AN IRON PIN TO BE SET AT THE Southeastern CORNER OF Lot 57; THENCE ALONG THE COMMON LINE OF Lots 57 AND 58, South 49 DEGREES 36 MINUTES 01 SECOND West, 178.28 FEET TO AN IRON PIN TO BE SET; THENCE ALONG BALTIMORE Road, North 40 DEGREES 23 MINUTES 59 SECONDS West, 81.00 FEET TO AN IRON PIN TO BE SET, BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 14,453 SQUARE FEET AND BEING Lot 57 PURSUANT TO THE HAMPTON HILLS, PHASE I FINAL SUBDIVISION Plan, DATED February 2, 1996 AND REVISED March 1, 1999, PREPARED BY MARTIN AND MARTIN, INC., AND RECORDED ON October 5, 2001 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA AT Plan BOOK 84, PAGE 14. 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257 PARCEL NUMBER 39-14-0169-104 File #: 153928 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. J Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: l Q ?- - p= C ?' CZ) SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ATSE ANNE MARIE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ATSE ANNE MARIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , ATSE ANNE MARIE NOT FOUND , as to 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 GIVEN ADDRESS WILL BE VACATED BY 7/16/07. REAL ESTATE SALE HANDLED BY SAILHAMMER @717-532-6059. DEFENDANT IN AFRICA. Sheriff's Costs: So answers-. -?? Docketing 18.00 Service 19.20 Not Found 5.00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County .00 ?Cinglp7 52.20 PHELAN HALLINAN SCHMIEG 07/05/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03711 P • COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ATSE ANNE MARIE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CISSOKO MAMADOU but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 1111 BALTIMORE ROAD CISSOKO MAMADOU NOT FOUND , as to SHIPPENSBURG, PA 17257 DEFENDANT BELIEVED TO BE LIVING IN AFRICA. PROPERTY VACATED BY 7/16/07. SALIHAMMER Q 717-532-6059 HANDLING SALE OF PROPERTY. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County Sworn and Subscribed to before me this day of PHELAN HALLINAN SCHMIEG 07/05/2007 A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006-1 VS. Anne Marie Atse Mamadou Cissoko Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-3711-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL OR= OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendants, Anne Marie Atse and Mamadou Cissoko, by first class mail and certified mail to the mortgaged premises, 1111 Baltimore Road, Shippensburg, PA 17257, posting of the mortgaged premises, l l l l Baltimore Road, Shippensburg, PA 17257 and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendants, Anne Marie Atse and Mamadou Cissoko, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 1111 Baltimore Road, Shippensburg. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the property is for sale and the Defendant's moved to Africa. 2. In an attempt to obtain further information regarding the Defendants' whereabouts the Plaintiff contacted the Real Estate Agency. However they were unable to provide any new information. 3. Plaintiff also conducted numerous internet searches trying to obtain new addresses. However, lexisnexis.com as well as the ultimates.com, could not locate any new addresses. 4. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of September 4, 2007, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on August 20, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs August 20, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of September 4, 2007 to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, Anne Marie Atse and Mamadou Cissoko, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP eg, Esquire Attorneys for Plaintiff September 4, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006-1 VS. Anne Marie Atse Mamadou Cissoko Court of Common Pleas Civil Division Cumberland County No. 07-3711-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. 7 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoution of Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". 8 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: September 4, 2007 9 C,wJ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ATSE ANNE MARIE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ATSE ANNE MARIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , ATSE ANNE MARIE , NOT FOUND , as to 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 GIVEN ADDRESS WILL BE VACATED BY 7/16/07. REAL ESTATE SALE HANDLED BY SAILHAMMER @717-532-6059. DEFENDANT IN AFRICA. Sheriff's Costs: So answers- Docketing 18.00 Service 19.20 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 52.20 PHELAN HALLINAN SCHMIEG 07/05/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03711 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ATSE ANNE MARIE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CISSOKO MAMADOU but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , CISSOKO MAMADOU 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 DEFENDANT BELIEVED TO BE LIVING IN AFRICA. PROPERTY VACATED BY 7/16/07. SALIHAMMER @ 717-532-6059 HANDLING SALE OF PROPERTY. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 07/05/2007 Sworn and Subscribed to before me this day of A. D. NOT FOUND , as to If ? 13 FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 153928 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Anne Atse & Mamadou Cissoko Property Address: 1111 Baltimore Road, Shippensburg, PA 17257 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Anne Atse - xxx-xx-3451 Mamadou Cissoko - xxx-xx-xxxx B. EMPLOYMENT SEARCH Anne Atse & Mamadou Cissoko - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Anne Atse & Mamadou Cissoko reside(s) at: 1111 Baltimore Road, Shippensburg, PA 17257. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Anne Atse & Mamadou Cissoko, however did provide a listing for Roxton W. Spear at: 1111 Baltimore Road, Shippensburg, PA 17257. On 04-26-07 our office made a telephone call to the phone number (717) 530-5984 and received the following information: wrong number. B. On 04-26-07 our office made a telephone call to the phone number (717) 662-4979 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 04-26-07 our office made several phone calls in an attempt to contact Wayne E. Miller (717) 530-7836,1113 Baltimore Road, Shippensburg, PA 17257: no answer. On 04-26-07 our office made several phone calls in an attempt to contact Ann & Ron Richards (717) 530-5356,1115 Baltimore Road, Shippensburg, PA 17257: answering machine. On 04-26-07 our office made a phone call in an attempt to contact Wilmer L. Ocker (717) 532-5849,1020 Baltimore Road, Shippensburg, PA 17257: spoke with an unidentified male who could not confirm that the subjects reside(s) at 1111 Baltimore Road, Shippensburg, PA 17257. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-26-07 we reviewed the National Address database and found the following information: Anne Atse & Mamadou Cissoko -1111 Baltimore Road, Shippensburg, PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Anne Atse & Mamadou Cissoko. VI. OTHER INQUIRIES A. DEATH RECORDS As of 04-26-07 Vital Records and all public databases have no death record on file for Anne Atse & Mamadou Cissoko. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Anne Atse & Mamadou Cissoko residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Anne Atse - 08-01-1968 Mamadou Cissoko - not available B. A.K.A. Anne-Marie Atse; Anne Marie Cissoko * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 26th day of April, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey August 20, 2007 Anne Marie Atse and Mamadou Cissoko 1111 Baltimore Road Shippensburg, PA 17257 RE: Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006-1 vs. Anne Marie Atse and Mamadou Cissoko Premises Address: 1111 Baltimore Road, Shippensburg, PA 17257 Cumberland County, No. 07-3711-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 8/27/07 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 13 o M S .P Qb lit ? W N?? N ?j 333 ?.d M M cri M n rn V+9:.. SU r ? p r ZBf ?y < UPI n G r ..1 cNJr v ,'$Q1p 2v oz, 0" AT r 3 ?b a. A O . c r ? VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, P limn & Schmieg, LLP g, squire Attorney for Plaintiff September 4, 2007 10 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Deutsche Bank National Trust Court of Common Pleas Company as Trustee for Fremont Home Loan Trust 2006-1 Civil Division VS. Cumberland County No. 07-3711-Civil Term Anne Marie Atse Mamadou Cissoko CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Anne Marie Atse and Mamadou Cissoko: 1111 Baltimore Road Shippensburg, PA 17257 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un;sworn falsification to authorities. Respectfully submitted, P n Schm LLP By - c ieg, Esquire Date: September 4, 2007 Attorney for Plaintiff 12 -71 _7 PHELAN HALLINAN & SCHMIEG, L P LAWRENCE T. PHELAN, ESQ., Id. N . 32227 FRANCIS S. HALLINAN, ESQ., Id. N .62695 ONE PENN CENTER PLAZA, SUITE 400 PHILADELPHIA, PA 19103 2 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OR FREMONT HOME LOAN TRUST 2006-1 Plaintiff ANNE MARIE ATSE MAMADOU CISSOKO VS. Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 07-3711 PRAECIPE TO REINSTA%E CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. AN HALLIN G, LLP By: NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: September 4. 2007 /jmr, Svc Dept. File# 153928 1 D PL 7 . 14 YK .. v ?77 cn - +... ?,. n rn F ) a n "? Cn SEP 0 7 2007pW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006-1 VS. Anne Marie Atse Mamadou Cissoko Civil Division No. 07-3711-Civil Term ORDER AND NOW, this day of 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Anne Marie Atse and Mamadou Cissoko, by: 1. Posting of the premises: 1111 Baltimore Road, Shippensburg, PA 17257. 2. First class mail to Anne Marie Atse and Mamadou Cissoko at the mortgaged premises located at 1111 Baltimore Road, Shippensburg, PA 17257; and 2 1 owNs, ' Lot 6Z 3. Certified mail to Anne Marie Atse and Mamadou Cissoko at the mortgaged premises located at 1111 Baltimore Road, Shippensburg, PA 17257;and 4. Publication in accordance with PA. R.C.P. 430. Cc: Anne Marie Atse and Mamadou Cissoko 1111 Baltimore Road Shippensburg, PA 17257 BY THE COURT: J. Clarks rr,uI&CL 9ir/v7 3 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff VS. ANNE MARIE ATSE MAMADOU CISSOKO Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 07-3711 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 27, 2007 PHELAN HALLINAN S IEG, LLP By: S FAANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff 1jmr, Svc Dept. File# 153928 ?'^? r--J .'tp' ? ? 'Tl 1 00 0 9 RHELAN HALLINAN & SCHMIEG LLP By: 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 Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006- Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION VS. Anne Marie Atse Mamadou Cissoko : CUMBERLAND COUNTY Defendant(s) : NO. 07-3711 -Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Anne Marie Atse and Mamadou Cissoko at 1111 Baltimore Road, Shippensburg, PA 17257, on September 28, 2007, in accordance with the Order of Court dated September 11, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: September 28, 2007 F NCIS S. HAL AN, ESQUIRE Attorney for Plaintiff 7160 3901 9849 6779 5500 TO: ANNE MARIE ATSE ' 1111 BALTIMORE ROAD j SHIPPENSBURG, PA 17257 SENDER: JMR REFERENCE: RETURN Postage RECEIPT Certlfied Fee 1 SERVICE i Retum Receipt Fee Restricted Del" Total Postage & Fees } i US Postal Service PO Receipt for Certified Mail sew 4 No Insurance Coverage Provided S Do Not Use br International Mai 0 - -------------------- -------- ----------- - m - - 7160 3901 9849 6779 5517 ' To: MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 i i i i I I 3 SENDER: JMR REFERENCE: PS Form 380 0 January 2005 RETURN Page j RECEIPT Certified Fee SERVICE Return Recut Fee 2.65 •I Restricted Delivery I 1 Total Postage & Fees US Postal Service OR Receipt for z Certified Mail I a ?- I No Insurance Coverage Provided bd I Do Not Use for International Mail ---- -------------------- --- i r+ ;r ? y ry-y SHERIFF'S RETURN - REGULAR ( 1% CASE NO: 2007-03711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ATSE ANNE MARIE ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon A rrOV T'AThTV MAVTW the DEFENDANT , at 1057:00 HOURS, on the 11th day of October , 2007 at 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 by handing to POSTED AT 111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.24 Posting 6.00 Surcharge 10.00 .00 52.24 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/12/2007 PHALEN HALLINAN SCHMIEG By. L Deputy Sheriff A. D. I CASE NO: 2007-03711 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS ATSE ANNE MARIE ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon r T n c1/1Vll TIfT MT nnTT the DEFENDANT , at 1057:00 HOURS, on the 11th day of October , 2007 at 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 POSTED AT 111 BALTIMORE ROAD by handing to SHIPPENSBURG, PA 17257 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 Posting 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/12/2007 PHELAN HALLINAN SCHMIEG By : Deputy Sheriff A. D. 4 yw_ PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff Deutsche Bank National Trust Company, As Trustee for Fremont Home Loan Trust 2006-1 Court Of Common Pleas Civil Division VS. Anne Marie Atse Mamadou Cissoko Cumberland County No. 07-3711 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. Dated: to i Phelan Hallinan and Schmieg, LLP By: fAweiS S 441-w-'A- Francis S. Hallinan, Esquire Lawrence T. Phelan Daniel G. Schmieg File #: 153928 cau -? n- C-D -G VERIFICATION Julie Matta hereby states that he/she is Vice President of 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. Julie a Vice Pre (!e of Loan Documentation DATE: September 12, 2007 Company: WELLS FARGO FINANCIAL INC. Loan: 1279013784 File #: 153928 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 5163-7000 Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2006- : Court Of Common Pleas : Civil Division VS. Anne Marie Atse Mamadou Cissoko : Cumberland County : No. 07-3711-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated September 11, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on October 11, 2007 and The Cumberland Law Journal on October 19, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: November 12, 2007 F cis S. Hallinan, Esquire Jason Ricco Service Dept. 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) October 11, 2007 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. o. els . Sworn to and subscribed before me this y ko'?Nfj,,? a 11th. day of October, 2007. >1?2? - Notary Publi My commission expires: 7/1 10 COMMONWEALTH OF PENNSYLVANIA NOW121 Seal ?+C?hnns?#M L..WdIb, Ndary P?Ub6CC Carpals Bow, Cwtola ?d ( y My Commission Expires Sept 1, 2008 Member, Pennsylvania Association Of Notaries f. Ap PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 19, 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. JLi Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 19 day of October, 2007 f Notary NOTARIAL SEAL DEBORAH A COLLINS CARLISLE BO O Notary CUMBE ic My Comml RO, RlAND COUNTY Exphea Apr 28, 2010 • CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-3711 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 VS. ANNE MARIE ATSE, MAMADOU CISSOKO NOTICE TO ANNE MARIE ATSE and MAMA- DOU CISSOKO: You are hereby notified that on June 20, 2007, Plaintiff, Deutsche Bank National Trust Company, As Trustee For Fremont Home Loan Trust 2006-1, filed a Mortgage Fore- closure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County Pennsylvania, dock- eted to No. 07-3711 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 1111 Baltimore Road, Shippensburg, PA 17257 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Oct. 19 13 z CA) W -4?v ? 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 FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. ANNE MARIE ATSE 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 NO. 07-3711 CIVIL TERM 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 ANNE MARIE ATSE and MAMADOU CISSOKO, 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 $179,468.11 Interest from 06/20/07 to 11/27/07 $6,221.04 TOTAL $185,689.15 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. 1 DANIEL G. SCHMIEG, ESQUII?p Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. n DATE: /I /Aft &I JW I?Ll- P. ferxq A r-A O FROTHY 153928 , 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 : COURT OF COMMON PLEAS AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 07-3711-CIVIL TERM ANNE MARIE ATSE MAMADOU CISSOKO Defendants TO: ANNE MARIE ATSE I111 BALTIMORE ROAD rim SHIPPENSBURG, PA 17257 DATE OF NOTICE: NOVEMBER 9, 2007 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 ? 41L ?- - RANCIS 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 NATIONAL TRUST COMPANY : COURT OF COMMON PLEAS AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 07-3711-CIVIL TERM ANNE MARIE ATSE MAMADOU CISSOKO Defendants TO: MAMADOU CISSOKO 1111 BALTIMORE ROAD SHWPENSBURG, PA 17257 L DATE OF NOTICE: NOVEMBER 9, 2007 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 RkANCIS S. FULLINAN, 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD Plaintiff, v. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3711 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 ANNE MARIE ATSE is over 18 years of age and resides at , 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257. (c) that defendant MAMADOU CISSOKO is over 18 years of age, and resides at ,1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r Z?7 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rTM ?, ? im f' o n Sv oo rT--' s-r3 (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 FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3711 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: DEPUTY If you have any questions concerning this matter, please contact: 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. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). No. 07-3711 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/28/07 TO 03/05/08 (per diem -$30.52) Add'1 Costs TOTAL $185,689.15 $3,021.48 and Costs $2,952.01 $191,662.64 DANIEL G. SCHMIEG, ESQUI4V 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 the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or 153928 w? O r? W? a? z 0a U 00 U ?zzA Oad Wa TW U ri 0 O two o zaN He ?? 0?,? drrs w o 004 Eyl zHF ? ? Fo WWA?a w o F?? U W? Ad a O ft L RJK ? 0 a g 6' 00 p j y Z 9u- a R, 00 so c?° 8g o ° s"° o o O 0 .c v b = A = ti w 1-4 WO N 0 d n n tti in N n dd as w w ?1 ? r? W V1 zz as as dd as E=F •d 00 M kr) rr c Fi? cx, c r _ "L 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006-1 Civil Division vs. No. 07-3711-Civil Term Anne Marie Atse Mamadou Cissoko ORDER AND NOW, this I Z4-4- day of 2007, upon -%f M- consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the_Complaint and f du:re Rleadings_on Defendants,_Anne Mare Atse and Mamadou Cissoko, by: 1. Posting of the premises: 1111 Baltimore Road, Shippensburg, PA 17257. 2. First class mail to Anne Marie Atse and Mamadou Cissoko at the mortgaged premises located at 1111 Baltimore Road, Shippensburg, PA 17257; and 2 3. Certified mail to Anne Marie Atse and Mamadou Cissoko at the mortgaged premises located at 1111 Baltimore Road, Shippensburg, PA 17257; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: I Cc: Anne Marie Atse and Mamadou Cissoko 1111 Baltimore Road Shippensburg, PA 17257 rRUE COPY I-KUM HECORU a Taftagy wheteot. i We unto set nw hand -end 1118 ? SaiO et Carlisle. P? ?t 3 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 FREMONT HOME LOAN TRUST 2006-1 Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3711 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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,r v' .T r Cz) CC) + or DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). CIVIL DIVISION NO. 07-3711 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1, 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,1111 BALTIMORE ROAD, SHIPPENSBURG PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANNE MARIE ATSE MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 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) None 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 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 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 unsworn falsification to authorities. R November 27, 2007 :2, ?a DATE DANIEL G. SCHMIEG, ESQUO?IE Attorney for Plaintiff vj - co ? F 3 y , (Ti DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). TO: ANNE MARIE ATSE 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 November 27, 2007 CUMBERLAND COUNTY No. 07-3711 CIVIL TERM MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at ,1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $185,689.15 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 (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 LEGAL DESCRIPTION SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN TO BE SET AT THE NORTHWESTERN CORNER OF LOT NO. 57 ALONG BALTIMORE ROAD; THENCE NORTH 49 DEGREES 36 MINUTES 01 SECOND EAST, 178.58 FEET TO AN IRON PIN TO BE SET; THENCE ALONG THE COMMON LINE OF LOTS 27 AND 57, SOUTH 40 DEGREES 1 I MINUTES 22 SECONDS EAST, 81.00 FEET TO AN IRON PIN TO BE SET AT THE SOUTHEASTERN CORNER OF LOT 57; THENCE ALONG THE COMMON LINE OF LOTS 57 AND 58, SOUTH 49 DEGREES 36 MINUTES 01 SECOND WEST, 178.28 FEET TO AN IRON PIN TO BE SET; THENCE ALONG BALTIMORE ROAD, NORTH 40 DEGREES 23 MINUTES 59 SECONDS WEST, 81.00 FEET TO AN IRON PIN TO BE SET, BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 14,453 SQUARE FEET AND BEING LOT 57 PURSUANT TO THE HAMPTON HILLS, PHASE I FINAL SUBDIVISION PLAN, DATED FEBRUARY 2, 1996 AND REVISED MARCH 1, 1999, PREPARED BY MARTIN AND MARTIN, INC., AND RECORDED ON OCTOBER 5, 2001 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA AT PLAN BOOK 84, PAGE 14. COMMONLY KNOWN AS: 1111 BALTIMORE ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 PRIOR RECORDED DOC. REF.: DEED: RECORDED 06/09/05; BOOK NO. 269, PAGE NO. 1474, DOC. NO. N/A PARCEL IDENTIFICATION NO: 39-14-0169-104 CONTROL #: 00504181 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Anne Marie Atse and Mamadou Cissoko, wife and husband, as joint tenants with rights of survivorship, by Deed from Anne Marie Atse, a married woman, dated 01/30/2006, recorded 02/28/2006, in Deed Book 273, page 1673. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3711 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 FREMONT HOME LOAN TRUST 2006-1, Plaintiff (s) From ANNE MARIE ATSE & MAMADOU CISSOKO (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 $185,689.15 L.L.$ 0.50 Interest from 11/28/07 to 3/05/08 (per diem-$30.52) -- $3,021.48 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $286.44 Other Costs $2,952.01 Plaintiff Paid Date: 11/28/07 Proth otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 : Plaintiff VS. ANNE MARIE ATSE MAMADOU CISSOKO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 CIVIL TERM 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 June 20, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 28, 2007 in the amount of $185,689.15. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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 Sheriffs Sale on March 5, 2008. 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 Interest Through March 5, 2008 Per Diem $38.79 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium J Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $167,551.18 $20,248.04 $128.82 $1,985.00 $1,807.51 $0.00 $75.00 $190.00 $0.00 $0.00 ($135.57) $2,513.77 $194,311.19 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 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 December 19, 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. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered an order for Special Service dated September 11, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Attorney for LLP 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff vs. ANNE MARIE ATSE MAMADOU CISSOKO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ANNE MARIE ATSE and MAMADOU CISSOKO 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 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257. 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. Burns, 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 terms 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 Sheriff s 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 may be 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. VI. 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 Loan Association v. Street Road Shopping Center, 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. & Schmieg, LLP ege DATE: By: id t r , Esquire is B Attorney for Plai Viff Exhibit "A" 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 153928 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff 0 n, c t _'} Z: C f ? ?-? x'77 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07-,V/f (,cam P -7;•-w ANNE MARIE ATSE MAMADOU CISSOKO 1 I 1 I BALTIMORE ROAD SHIPPENSBURG, PA 17257 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNW FU C?O{Q. rr ?;r r 4 1N `?r PLM --ruga and File #: 153928 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 #: 153928 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 #: 153929 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. Filek 153928 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ANNE MARIE ATSE MAMADOU CISSOKO 111 I BALTIMORE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/30/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FREMONT INVESTMENT & LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1941, Page: 3567. 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 11/01/2006 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 #: 153928 6 The following amounts are due on the mortgage; Principal Balance $167,551.18 Interest $10,123.68 10/01/2006 through' 06/19/2007 (Per Diem $38.64) Attorney's Fees $1,250.00 Cumulative Late Charges $128.82 01/30/2006 to 06/19/2007 Cost of Suit and Title Search $550.00 Subtotal $179,603.68 Escrow Credit ($135.57) Deficit $0.00 Subtotal 135.57 TOTAL $179,468.11 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 #: 153929 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 $179,468.11, together with interest from 06/19/2007 at the rate of $38.64 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 H4LLINAN & SCHMIEG By: /s/Francis S. Haliinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153928 LEGAL DESCRIPTION SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN TO BE SET AT THE Northwestern CORNER OF Lot NO. 57 ALONG BALTIMORE Road; THENCE North 49 DEGREES 36 MINUTES 01 SECOND East, 178.58 FEET TO AN IRON PIN TO BE SET; THENCE ALONG THE COMMON LINE OF Lots 27 AND 57, South 40 DEGREES 1 i MINUTES 22 SECONDS East, 81.00 FEET TO AN IRON PIN TO BE SET AT THE Southeastern CORNER OF Lot 57; THENCE ALONG THE COMMON LINE OF Lots 57 AND 58, South 49 DEGREES 36 MINUTES 01 SECOND West, 178.28 FEET TO AN IRON PIN TO BE SET; THENCE ALONG BALTIMORE Road, North 40 DEGREES 23 MINUTES 59 SECONDS West, 81.00 FEET TO AN IRON PIN TO BE SET, BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 14,453 SQUARE FEET AND BEING Lot 57 PURSUANT TO THE HAMPTON HILLS, PHASE I FINAL SUBDIVISION Plan, DATED February 2, 1996 AND REVISED March 1, 1999, PREPARED BY MARTIN AND MARTIN, INC., AND RECORDED ON October 5, 2001 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA AT Plan BOOK 84, PAGE 14. 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257 PARCEL NUMBER 39-14-0169-104 File #: 153928 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. Furthermote, 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- Francis S. ffallinan, Esquire Attorney for Plaintiff p DATE:.. ?7 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION ATTORW G1 E C.Opy 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PLEASE RE?RN PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT CUMBERLAND COUNTY HOME LOAN TRUST 2006-1 COURT OF COMMON PLEAS 3476 STATEVIEW BLVD , FORT MILL, SC 29715 CIVIL DIVISION Plaintiff, NO. 07-3711 CIVIL TERM V. ANNE MARIE ATSE , 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 ATTORNEY F n ? p MAMADOU CISSOKO ? 'LE 1111 BALTIMORE ROAD ASE R W SHIPPENSBURG, PA 27257 G? ::. ?v r _r, rr7 Q Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO J ANSWER AND ASSESSMENT OF DAMAGES C-0 TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ANNE MARIE ATSE and MAMADOU CISSOKO. 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: ffT~ FILE COPY PLEASE. RETURf' As set forth in Complaint $179,468.11 Interest from 06/20/07 to 11/27/07 $6,221.04 TOTAL $185,689.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. moR Fuj i PLEASE ! 1 IP"' DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. OAHEYf FU COPS -PWSE REr'r. DATE: T? s ` R FROTHY 153928 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey December 19, 2007 ANNE MARIE ATSE MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 vs. ANNE MARIE ATSE and MAMADOU CISSOKO Premises Address: 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 07-3711 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 24, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve Mi e MM rad ord, quire For Phelan Hallinan & Schmieg, LLP Enclosure i$ l ?c a 4 ? U Q NN Q £ o L6 L -3aoo az woad U3Ubw o L os-LZtloo tOOZ 61030 a 090 W $ VU zo E?a °b _ a _ - 5?g A'3iJ1W rm c A H §J.8 '0 m ip O ?. oy . 5 •., pe. y pp qq 7 N O $ N W N E"l t-? ? m v c ° ? rn o yr 0 v' m y, O ? e ? rL V O ` O J C j ( ? P. lit r+ U ?? ? W a l ? z? ? U ? Ha ? W r a a ? b m ? z ,p i• ? N r+ ? to ? O ? .-•+ 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: ieg, LLP P 1 Vrc By: ch le uire Attorn ey fo 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff vs. ANNE MARIE ATSE MAMADOU CISSOKO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 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. ANNE MARIE ATSE MAMADOU CISSOKO 1 I I I BALTIMORE ROAD SHIPPENSBURG, PA 17257 DATE: By: !- UOMey ror rlamun N a...J -r- TT CID i .-rte rl TT • V? nEC 3l 2007l(1v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 CIVIL TERM ANNE MARIE ATSE MAMADOU CISSOKO Defendants RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 7.d Ok-`70 04 cz; .rv Rule Returnable on-the - - day-uf 24008, at in n e um er an oun y o ous , ania. BY THE COURT lw M, T7ff Rve ;? Z£ :01 WV £- NVf SDOZ Q taw 4D . 'dO/f/l 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 NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Civil Division Plaintiff CUMBERLAND County vs. No. 07-3711 CIVIL TERM ANNE MARIE ATSE MAMADOU CISSOKO Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 27, 2008 was sent to the following individual on the date indicated below.. ANNE MARIE ATSE MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 v jh I H li hmieg, LLP DATE: By: el M. Bradf rd, quire Attorney for Plaintiff w T a 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff vs. ANNE MARIE ATSE MAMADOU CISSOKO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1, 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 December 28, 2007. 3. A Rule was entered by the Court on or about January 3, 2008 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 January 7, 2008, 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 January 27, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. 'I a'dl 6MG DATE: chmieg, LLP By: chele M. Bra rd, Esquire Attorney for Plaintiff 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff VS. CUMBERLAND County No. 07-3711 CIVIL TERM ANNE MARIE ATSE MAMADOU CISSOKO Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on December 28, 2007. A Rule was entered by the Court on or about January 3, 2008 directing the Defendants 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 January 7, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 27, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ?S hmieg, LLP By: ich le radford, Esquire Attorney for Plaintiff Exhibit "A" DEC 311001 ?W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff vs. ANNE MARIE ATSE MAMADOU CISSOKO Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 CIVIL TERM Defendants RULE AND NOW, this XL day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule.keturnable , in the Wit BY THE COURT J. TRUE COPY MO ECORv in TeMmony whereof, I here onto set 0141and pnd the sea! of. said Coirt at Cariisl+e. Pa r-. day !?rre€'har?ottt Exhibit "B" r CD M M .. --t N PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTI}, Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 e - , DEUTSCHE BANK NXTt0fth TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff VS. ANNE MARIE ATSE MAMADOU CISSOKO 01 Defengants Court of Commor..:P?eas Civil Division CUMBERLAND C vLtna No. 07-3711 0W R I- \ CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damaglrls noting a Rule Return date of January 27, 2008 was sent to the following individual on the date indicated below.. ANNE MARIE ATSE 101 MAMADOU CISSOKO Wi SHIPPENSBURBALTIMORE 72 A 17257. DATE: d 0 h 1 H 1' hmieg, LLP By: c el 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. §4904 relating to the unsworn falsification of authorities. DATE: By: Q( qMi MAradtordc, LLP Attorne y 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff VS. ANNE MARIE ATSE MAMADOU CISSOKO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3711 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. ANNE MARIE ATSE MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 DATE: n ieg, LLP By: MM.Arar(?-gquire Attorney for Plaintiff ??-- ° m x- ` ?- W ? ? ? ?? ??? ?'; ?-' N ---! -,? W .J? SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR No.: 07-3711 CIVIL TERM FREMONT HOME LOAN TRUST 2006-1 VS. ANNE MARIE ATSE MAMADOU CISSOKO 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: 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257. 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. DANIEL SCHMIEG, ESQ Attorney for Plaintiff January 29, 2008 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Plaintiff, ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). CIVIL DIVISION NO. 07-3711 CIVIL TERM Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1, 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 ,1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name ANNE MARIE ATSE MAMADOU CISSOKO Last Known Address (if address cannot be reasonably ascertained, please indicate) 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 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) None 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 Commonwealth of Pennsylvania Bureau of Individual Tax INHERITANCE TAX DIVISION Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 unworn falsification to authorities. January 29, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff £I L( 01 v Q W w f?r oU J b O i U 0 O a O ?O a C ? m .? zdo 3000 diz woad o311bvy )OZ 8 s •- °'= ZgON Ol08l Zt,06 DS 8 g w TO S ® g O ' y jvw M, AD 4 9 ??EU ? O 1? ? A Lu 0 0 ? O p u ? y Q , . 8 a 0 g E rA v 7 P-E ? Z•i ? w U t F" W vi Q o ?l r kn N t- r o „ w N j O °.86 46 O 3 a ? •? a' ? O az ¢ a i a> 0 04 og o `o w rh ew 0 C04 a z ' 1 p=ub r o Q V N1 Z 0 CI4 ~ O ? ° :o M ~ F- Wz ? H ? ? ? .. ? .rJ wHR: a z iV ?a a? N wa O 00 ? O H ¢ , c H bb O a a M d 5 v w A o ".1 O 2 «i o o z o ° x w w a a > col a s U w ?? °a >Q w w v, aw O w a = r ai 3 0 '" 'm 0 a p 0 ? ° `n O W < z p• a i N pp H U) U U Q a> a 0 00 W U w g 8 U z O 3 cn ari ?. c0000 O wo O° o H ¢ oo o S p _ a» E p t c? W W o0 a E o w o o z o? ?o zz Zv z A U U?o Sa Aa d ¢ ?C4 a>' z m Q 0 m ? d z ' N M V1 ?D r- 00 O? O .? N V1 - U u co ti w.? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3711-CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ANNE MARIE ATSE & MAMADOU CISSOKO on NOVEMBER 28, 2007 at 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257 in accordance with the Order of Court dated SEPTEMBER 11, 2007. The property was posted on DECEMBER 6, 2007. Publication was advertised in CUMBERLAND LAW JOURNAL on DECEMBER 14, 2007 & in THE SENTINEL on JANUARY 16, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. By: Dated: February 8, 2008 k SCHMIEG, LLP ESQUIRE 7160 3401 U45 2066 3006 To: ANNE MARIE ATSE 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 i! SENDER: AZK SENDER: AZK REFERENCE: 153928 REFERENCE: 153928 Jw? PS Form 3900 jpmry 21105 PS Form 3900 2005 RETURN P6ataps RETURN PD6?e 41 j RECEIPT RECEIPT Certified Fee I SERVICE Certified Fee 2.65 I SERVICE } Rstum Rat Fee 2.1 S Retum Receipt Fee Restricted Del' Restricted Delivery 0.00 Total Postage Q Fees Total Posfape & Fees 64- . .2 a US Postal Service ot? US Postal Service OR?A?r i ! r Recip# ,for ` Receipt for Q Certified Mail I! Cb Certified Mail No 1rw 1Kie > ?C, No Insurance Cwwage Provided C°"'r°g° PtoMded Da Not Use for IMematim ai Mal Do Not Use tar Mam UW Mid "SEP 872007 Im IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. Deutsche Bank National Trust Company as Trustee for Fremont Home Loan Trust 2006-1 Civil Division VS. No. 07-3711-Civil Term Anne Marie Atse Mamadou Cissoko ORDER AND NOW, this 114A- day of 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all fubmrs' in c nn_Defendants, =e Mari -Atse-u"amadou ---- Cissoko, by: 1. Posting of the premises: 1111 Baltimore Road, Shippensburg, PA 17257. 2. First class mail to Anne Marie Atse and Mamadou Cissoko at the mortgaged premises located at 1111 Baltimore Road, Shippensburg, PA 17257; and 2 3. Certified mail to Anne Marie Atse and Mamadou Cissoko at the mortgaged premises located at 1111 Baltimore Road, Shippensburg, PA 17257; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. Cc: Anne Marie Atse and Mamadou Cissoko 1111 Baltimore Road Shippensburg, PA 17257 TRUE-COPY HiUVf RECC?RU ?p Tt'itiy whvof. h?ne:unto set my halo 4(d the o? sod a tom. PA 7 3 AFFWAV[T OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 DEFENDANT(S) ANNE MARIN ATSE MAMADOU CISSOKO CUMBERLAND COUNTY i No. 07J711 CIVIL TERM ACCT. #163928 Type of Action - Notice of Sheriff's Sale PLEASE POST FORT AT: ANNE MARIE ATSE AT 1111 BALTIMORE ROAD Sale Date: MARCH 5, 2008 =- A,? SERVED Served and made known to, M? R?- , Defendant, on the day.of ?Fcs-m Oo-7 at g.4l o'clock l6.,at 1 ( RAf 11ROM PoA-D, &j(Q/FW66yR4- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult tirtniiy member with whom Defendant(s) reside(s), Nam and Relationship is _ Aduk is charge of Deff}ndaet(s)'s rnsidenoe who relbsed to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agentor person in charge of Defendant(s)'s office or usual place of busipess. an officer of set Defendant(s)'s company. othar o?,eT" 1fAiSgS W w/oTtCE OF sAL9 Description: Age Height Weight Race Sex Other posr" ed ?t71Vt=?t,D M6 LL add Y, , a competent adult, being duly sworn according to law, depose and state that I personally kaudett- a true and correet copy of the Notice of Sheriff s S Ale in the manner as set forth herein, issued in the captioned case on the date and at the address indicatied above. Sworn to and subscribed before me this (O day of '(e.C_ 20C atary: By: I.l ASPS ATTEM SERVICE AT LRAST 3 TIMES. MR)DICA.TE DATZS & TWES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200^, at o'clock m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1.t Attempt- / ! Time: 22d Attempt: ! 1 'dime: 3rd Attempt: ! Time: Sworn to and sub wribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - LO. No. 62205 of , 200_ One Penn Center at Suburban Station, State 1400 Notary: By; 1617.Ioh3R F. Kennedy )Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 zg ?9Z AFFIDAWT OF SERVICE . . ... . ... ...: .. . . CUMBERLAND COUNTY .AINTIFF DEUTSCHE BANK NATIONAL TRUST 1 COMPANY, AS TRUSTEE FOR FRTItr>fONT N6.07-3711 CIVIL TERM HOME LOAM TRUST 2006-1 ACCT. #1538 EFENDA.NT(S) ANNE MARIE ATSE MAMADOU C%SGX0 Type of Action - Notice of Sherws Sale 'LEASE POST FOR/ AT: MAMADO'U CISSOKO AT 1111 BALTIMORE ROAD Sale Date: MARCH 5, 21}08 SER'VLD. ..... ....:. .... Served sad made known to M mm6w OS w y- o , Ll axiant, ax the _44P day of '"C?Jbt B , 200? at ? , 47 , o'ciocka.m., at tut W_P /n'*E7 ROAD, 5f4I PP&j49,W2 6- , Commonwealth of Pennsylvania, in the manner described below. Defendant personaily served. Adult family member with whom Defendant(s) reside(s). Name and Rebtiolship is Adult in charge of DolbadtmKitys residence wbo refused to give nano or reiatianhip. MatragerlClerk of place of lodging in wttieb Defsttdaad(s) roaide(s). Agestt or person in charge of Defetrdsnt(s)'a offnx or usual place af•business, otln:: Ramp an Mar of said De ndan?s) "s bF any. P ,IUatic? Description: Age Height weight Race Sex Other 1, PONA, LP AJQ u a comWent adult, Wing d*-swom according to law, depose and state that i penionally" ue and correct copy of the Notice of Sba- o g in the manner as set forth 3t"n, issued in the ?ptio- case a date and at the address indicated above. Swovn to and sub rperibed before me this day of 200 7ZASE ?ATITZKII RYiCR AT LRAST 3 71MM. INDICATE DATRS A TIMES OF URVICE ATTEMPTED. NOT SERVED On the ________r_ day of .200,_..,, at o'clock _„_m., Defendant NOT F01UND because: Moved Unknown _ . No Answer - Vacant 1sr Attempt: I ! Time:-- - r4 Attempt: I ! Time, 3rd Attempt: / ! Tirne:r_:___,_ Sworn to and sobseribed before me this day of , 200L. Notary: [str Plaintl DANIEL G. SCHNIEG, Esquire - Y.D. No. 162205 One, Penn Center at Suburban Stadorn, Suite 1400 By.. 1517 John F. Kennedy 23eulevard Philadelphia, PA 19103.1814 (215) 563-70M 0 ` -11"! 00 4 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 14, 2007 6isa arie Coyne, Editor/ SWORN TO AND SUBSCRIBED before me this 14 day of December, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public ":ARLISL' BORO, CUMBERLAND COUNTY ^f- mission Expires Apr 28, 2010 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. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-3711 CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 vs. ANNE MARIE ATSE MAMADOU CISSOKO NOTICE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ANNE MARIE ATSE, MAMADOU CISSOKO TAKE NOTICE that the real estate located at 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257 is sched- uled to be sold at Sheriff's Sale on Wednesday, MARCH 5, 2008 at 10:00 A.M., Cumberland County Court- house, South Hanover Street, Car- lisle, PA 17013, to enforce the court judgment of $185,689.15, obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 (the mortgagee). SITUATE in Southampton Town- ship, Cumberland County, Penn- sylvania, as is more particularly bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern comer of Lot No. 57 along Baltimore Road; thence North 49 degrees 36 minutes 01 second East, 178.58 feet to an iron pin to be set; thence along the com- mon line of Lots 27 and 57, South 40 degrees 11 minutes 22 seconds East, 81.00 feet to an iron pin to be set at the southeastern corner of Lot 57; thence along the common line of Lots 57 and 58, South 49 degrees 36 minutes 01 second West, 178.28 feet to an iron pin to be set; thence along Baltimore Road, North 40 degrees 23 minutes 59 seconds West, 81.00 feet to an iron pin to be set, being the point and place of BEGINNING. CONTAINING 14,453 square feet and being Lot 57 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996 and revised March 1, 1999, prepared by Martin and Martin, Inc., and recorded on October 5, 2001 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Plan Book 84, Page 14. COMMONLY known as: 1111 BALTIMORE ROAD, SHIPPENS- BURG, PENNSYLVANIA 17257. Prior Recorded Doc. Ref.: Deed: Recorded 06/09/05; Book No. 269, Page No. 1474, Doc. No. N/A. PARCEL IDENTIFICATION NO.: 39-14-0169-104. Control #: 00504181. TITLE TO SAID PREMISES IS VESTED IN Anne Marie Atse and Mamadou Cissoko, wife and hus- band, as joint tenants with rights of survivorship, by Deed from Anne Marie Atse, a married woman, dated 01/30/2006, recorded 02/28/2006, in Deed Book 273, page 1673. Being Premises 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257. Improvements consist of residen- tial property. Sold as the property of ANNE MA- RIE ATSE & MAMADOU CISSOKO. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on APRIL 7, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 I . . CUMBERLAND LAW JOURNAL One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Dec. 14 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) January 16, 2008 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 17th. day of Tanuary, 2008. Notary P lic My commission expires: g1110f COMMONWEALTH OF PENNSYLVANIA NotWW Seal Chnstim L. Wo fe, Notary Pubic Canals tBoro, Ctxrbwiww County My Commission Expires Sept. 1. 2D08 Member. Pennsylvania Association Of Notaries " <? A . I FEB 0 62008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Civil Division Plaintiff vs. ANNE MARIE ATSE MAMADOU CISSOKO Defendants CUMBERLAND County No. 07-3711 CIVIL TERM ORDER AND NOW, this do` day of "-%7 , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 ordered to amend the writ nunc pro tunc as follows: Principal Balance $167,551.18 Interest Through March 5, 2008 $20,248.04 Per Diem $38.79 Late Charges $128.82 Legal fees $1,985.00 Cost of Suit and Title $1,807.51 Sheriffs Sale Costs ($0.00) Property Inspections $75.00 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 ($135.57) $2,513.77 $194,363.75 Plus interest from March 5, 2008 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. BY THE COURT J. 153928 OD O r1i Cx7 Phi ??-. co '- CJ 4 !5 iT; J tt? ? 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 JEFFERSON CONSUMER CREDIT LLC is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 28 day of NOV, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number3711, at the suit of FREMONT HOME LOAN TRUST 2006-1 TR against ANNEMARIE ATSE & MAMADOU CISSOKO is duly recorded as Instrument Number 200811280. IN TESTIMONY WHEREOF, I have/hereunto set my hand and seal of said office this day of R , A.D.I \ 1 ecooer of Deeds Cwn""l OWY, 0&ftlo, Pa EVk" ft Rm Monday of Jan. 2010 Deutsche Bank National Trust Company, Iri the Court of Common Pleas of As Trustee for Fremont Home Loan Trust Cumberland County, Pennsylvania 2006-1 Writ No. 2007-3711 Civil Term VS Anne Marie Atse and Mamadou Cissoko R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Anne Marie Atse and Mamadou Cissoko, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description, in the above entitled action as NOT FOUND, as to the defendants, Anne Marie Atse and Mamadou Cissoko. The house is vacant. It is believed the defendants moved to Africa. The post office does not have a forwarding address on file for the defendants. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 10 10 hours, he posted a true copy of the within Real Estate Writ, Notice:, Poster and Description, in the above entitled action, upon the property of Anne Marie Atse and Mamadou Cissoko located at 1111 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $134,400.00 to Attorney Matthew Eshelman, on behalf of Jefferson Consumer Credit, LLC. It being the highest bid and best price received for the same, Jefferson Consumer Credit, LLC of 4 State Road, 4520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $141,326.64. Sheriffs Costs: Docketing $30.00 Poundage 2,688.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 371.00 438.17 16.17 25.00 39.50 / $3,762.54 ? `? / `r /° So Answers: R. Thomas Kline, Sheriff B 'C? S Real Estat ergeant 4+2 C" t J? e.a 3-"17 Cities. 1074 7.2- DEUTSCHE BANK NATIONAL TRUST : COMPANY, AS TRUSTEE FOR FREMONT CUMBERLAND COUNTY HOME LOAN TRUST 2006-1 , COURT OF COMMON PLEAS 4 Plaintiff, V. CIVIL DIVISION ANNE MARIE ATSE NO. 07-371.1 CIVIL TERM MAMADOU CISSOKO Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 200E-1, 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,1111 BALTIMORE ROAD, SHIPPENSBURG PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name ANNE MARIE ATSE MAMADOU CISSOKO Last Known Address (if address cannot be reasonably ascertained, please indicate) 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 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) None 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 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 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 unsworn falsification to authorities. November 27, 2007 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff . 00 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 Plaintiff, V. ANNE MARIE ATSE MAMADOU CISSOKO Defendant(s). CUMBERLAND COUNTY No. 07-3711 CIVIL TERM November 27, 2007 TO: ANNE MARIE ATSE 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 MAMADOU CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 * *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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1111 BALTIMORE ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $185,689.15 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 (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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE .0 LEGAL DESCRIPTION SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN TO BE SET AT THE NORTHWESTERN CORNER OF LOT NO. 57 ALONG BALTIMORE ROAD; THENCE NORTH 49 DEGREES 36 MINUTES 01 SECOND EAST, 178.58 FEET TO AN IRON PIN TO BE SET; THENCE ALONG THE COMMON LINE OF LOTS 27 AND 57, SOUTH 40 DEGREES 11 MINUTES 22 SECONDS EAST, 81.00 FEET TO AN IRON PIN TO BE SET AT THE SOUTHEASTERN CORNER OF LOT 57; THENCE ALONG THE COMMON LINE OF LOTS 57 AND 58, SOUTH 49 DEGREES 36 MINUTES 01 SECOND WEST, 178.28 FEET TO AN IRON PIN TO BE SET; THENCE ALONG BALTIMORE ROAD, NORTH 40 DEGREES 23 MINUTES 59 SECONDS WEST, 81.00 FEET TO AN IRON PIN TO BE SET, BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 14,453 SQUARE FEET AND BEING LOT 57 PURSUANT TO THE HAMPTON HILLS, PHASE I FINAL SUBDIVISION PLAN, DATED FEBRUARY 2, 1996 AND REVISED MARCH 1, 1999, PREPARED BY MARTIN AND MARTIN, INC., AND RECORDED ON OCTOBER 5, 2001 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA AT PLAN BOOK 84, PAGE 14. COMMONLY KNOWN AS: 1111 BALTIMORE ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 PRIOR RECORDED DOC. REF.: DEED: RECORDED 06/09/05; BOOK NO. 269, PAGE NO. 1474, DOC. NO. N/A PARCEL IDENTIFICATION NO: 39-14-0169-104 CONTROL #: 00504181 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Anne Marie Atse and Mamadou Cissoko, wife and husband, as joint tenants with rights of survivorship, by Deed from Anne Marie Atse, a married woman, dated 01/30/2006, recorded 02/28/2006, in Deed Book 273, page 1673. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3711 Civil CIVIL ACTION - LAW TO THE SHE2IFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee for FREMONT HOME LOAN TRUST 2006-1, Plaintiff (s) From ANNE MARIE ATSE & MAMADOU CISSOKO (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 $185,689.15 L.L.$ 0.50 Interest from 11/28/07 to 3/05/08 (per diem-$30.52) -- $3,021.48 and Costs Atty's Comm % Atty Paid $286.44 Plaintiff Paid Date: 11/28/07 (Seal) Due Prothy $2.00 Other Costs $2,952.01 Proth notary By: i Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale #68 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 1111 Baltimore Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2007 By: Real Esta Sergeant SCHEDULE OF DISTRIBUTION SALE NO. 68 Date Filed: March 24, 2008 Writ No. 2007 3711 Civil Term Deutsche Bank National Trust Company, as Trustee for Fremont Horne Loan Trust 2006-1 VS Anne Marie Atse and Mamadou Cissoko 1111 Baltimore Road Shippensburg, PA 17257 Sale Date: March 5, 2008 Buyer: Jefferson Consumer Credit, LLC Bid Price: $134,400.00 Real Debt: $167,551.18 Interest: 20,248.04 Late Charges 128.82 Legal Fees 1,985.00 Cost of Suit and Title 1,807.51 Property Inspections 75.00 Appraisal/Brokers Price 190.00 Misc. Credits (135.57) Escrow Deficit 2,513.77 Total: $194,363.75 per order of court on February 8, 2008 DISTRIBUTION: Receipts: Cash on account (11/29/2007) Cash on account (03/05/2008) Cash on account (03/20/2008) $ 1,500.00 13,440.00 127,886.64 Total Receipts: $142,826.64 Disbursements: Sheriff s Costs $3,762.54 Legal Search 300.00 Transfer Tax, Local 1,969.32; Transfer Tax, State 1,969.32, Cumberland County Tax Claim Bureau 2,951.60 Vivian Coy, Tax Collector 389.95 Cumberland Franklin Joint Municpal Authority 531.00 Attorney Daniel Schmieg 1,500.00 Deutsche Bank National Trust Company 129,452.91 Total Disbursements: Balance for distribution: So Answers: ($142,826.64) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriff s Sale No. 68, held March 5, 2008 EFFECTIVE DATE: March 6, 2008 PREMISES: 1111 Baltimore Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, Lot No. 57, Plan Book 84, Page 14, Phase I of Hampton Hills Tax Parcel No. 39-14-0169-104 (the "Premises") RECITAL: Being the same premises which Anne Marie Atse, married woman, by her Deed dated January 30, 2006 and recorded February 28, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 1673, granted and conveyed unto Anne Marie Atse and Mamadou Cissoko, wife and husband as joint tenants with right of survivorship. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Mortgage in the amount of $168,300.00 from Anne Marie Atse and Mamadou Cissoko to Fremont Investment and Loan dated January 30, 2006 and recorded February 28, 2006 -2- L . in Mortgage Book 1941, Page 3567, assigned November 29, 2007 as Instrument No. 200744561 to Fremont Home Loan Trust 2006-1. 21. Judgment against Anne Marie Atse and Mamadou Cissoko in the amount of $185,689.15, entered November 28, 2007 and amended to $194,363.75 on February 8, 2008 to No. 2007-03711 in favor of Deutsche Bank National Trust Company with respect to the Mortgage identified in Paragraph 20, above. 22. Real Estate taxes due the Cumberland County Tax Claim Bureau in the amount of' $2,933.59, together with possible additional accrued interest, penalties and costs. 23. Subject to the Declaration recorded in Misc. Book 680, Page 2134. 24. All building setback lines, easements, notes, conditions and all other matters appearing on the Plan of Phase I of Hampton Hills recorded in Plan Book 84, Page 14. 25. Subject to the rights granted Southampton Township in Misc. Book 175, Page 870. 26. Subject to the rights granted Adams Electric Corporation in Misc. Book 698, Page 448. 27. Subject to the rights granted to the United Telephone Company of Pennsylvania in Misc. Book 146. Page 413 and Misc. Book 103, Page 384. 28. Subject to the rights granted Pennsylvania Electric Co. in Misc. Book 93, Page 499 and in Misc. Book 91, Page 113. 29. Subject to the rights granted Shippensburg Borough Authority in Misc. Book 443, Page 1086 and in Misc. Book 377, Page 125. 30. Subject to the possible reservation and ownership of coal and rights of support as noted in Deed Book 273, Page 1673. 31. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Baltimore Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 68 Writ No. 2007-3711 Civil Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2006-1 VS. Anne Marie Atse and Mamadou Cissoko Atty.: Daniel Schmieg DESCRIPTION SITUATE in Southampton Town- ship, Cumberland County, Penn- sylvania, as is more particularly bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 57 along Baltimore Road; thence North 49 degrees 36 minutes 01 second East, 178.58 feet to an iron pin to be set; thence along the com- mon line of Lots 27 and 57, South 40 degrees 11 minutes 22 seconds East, 81.00 feet to an iron pin to be set at the southeastern corner of Lot 57; thence along the common line of Lots 57 and 58, South 49 degrees 36 minutes 01 second West, 178.28 feet to an iron pin to be set; thence along Baltimore Road, North 40 degrees 23 minutes 59 seconds West, 81.00 feet to an iron pin to be set, being the point and place of beginning. CONTAINING 14,453 square feet and being Lot 57 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996 and revised March 1, 1999, prepared by Martin and Martin, Inc., and recorded on October 5, 2001 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Plan Book 84, Page 14. COMMONLY KNOWN AS: 1111 Baltimore Road, Shippensburg, Pennsylvania 17257. Prior recorded Doc. Ref.: Deed: recorded 06/09/05; Book No. 269, Page No 1474, Doc. No. N/A. PARCEL IDENTIFICATION NO: 39-14-0169-104. CONTROL #: 00504181. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Anne Marie Atse and Mamadou Cissoko, wife and hus- band, as joint tenants with rights of survivorship, by Deed from Anne Marie Atse, a married woman, dated 01/30/2006, recorded 02/28/2006, in Deed Book 273, page 1673. EXHIBIT A f PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a. legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 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. REAL ESTATE SALE NO. 68 Writ No. 2007-3711 Civil Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2006-1 vs. Anne Marie Atse and Mamadou Cissoko Atty.: Daniel Schmieg DESCRIPTION SITUATE in Southampton Town- ship, Cumberland County, Penn- sylvania, as is more particularly bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 57 along Baltimore Road; thence North 49 degrees 36 minutes 01 second East, 178.58 feet to an iron pin to be set; thence along the com- --- T:..... -1 T - n' A Q17 Q-+J}, ss. AND SUBSCRIBED before me this 8 day of February, 2008 Notary =EDEBORAH ARIAL SEAL A COLLINS ary Public CACUMBERLAND COUNTY MExpires Apr 28, 2010 The Patriot-News Co. ,,.. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ZhePatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 Sworn to an scribed before 7,tfiis j?/ y of February, 2008 A.D. Notary COMMONWEALTH OF °ENN'SYLVANIA a6a; Seal ner, Notary Public urg, Oaupnin County:.XPi -,1 Nov. 26, 2011 =Wcity Member, Pennsylvania JAssociatio oof Notaries 68 1 C" D lhow del, as F?1ar Fs WA"MWM'1AW 2 I lVumt VS Vwlp AM* and Uwmdou Aa?ne cloomw D SITUATE IN SOUTHAMPTON TOWNSHWSCOUNTY, CUMBERLAND ` AS is MORE gaiNSYLYANIA pARTM AUY BouNDEi) AND DESOMWASFULLMS: WWqM & AN 111W FIN TO BE SET AT THE N1 CORNER OF LOT NO. 57 A040 IkALTWM ROAD; 61 llCOM , 17gM FEET TO AN Io M TO BE WI; THENCE ALONG In I LW OF LOTS 27 AND 57, 900 40 DES 11 Mil?iUM 22 lwg" #ST, &1,96, off TO AN SON miom aT A¢T 'Lm pL11T57;'' CAS LItC11 OF LOTS 57 AND 58, 36 WAM 01 WEST FEET TO AN MON ?E SET, NORM 40 DEGREES 23 m 59 SECONDS WEST, 9100 pBELTT TO AN IRON PIN TO BE SET. BEING TW P[1i11tT AND PLACE OF BEGINNING. [;QtE' MiG 14,453 SQUARE FEET AND WK LOT WMANT TO THE HMO" HIL S, pHA H FINAL SUBDW S" PLAN. DATED FORUARY 2, 1996 AND REVISED MARCH 1, 1949, pRFPARED BY MARTIN AND MARTIN' INC., AND RECORDED ON OCTQ 5, 2001 IN THE OFFICE OF THE RECORDER OF D=6 OF CUMBERLAND COUNTY. peMYLVANIA AT PLAN BOOK 84, PAGE 14. COMMONLY KNOWN AS: 1111 BALTIMORE ROAD, S1IffRmJRG, pENNSYLVANIA 172V PREi1R RECORM DOC. REF.: DEM. RECQRM 96fflW; E No. 2W PALE NO. 1474; DOC. NO. NIA ?R 3's?4+1411?- lIM CONTROL. t 181 11KORD OWN0 TITLE TO SAID pREWES IS VESTED IN Anne Mmde Arse and MMWAN Cissolw, wife and W*md, a4 1W tm-m -6 of mffvwm*p, by Dad from Anne Mam Ape, a muri?,womm deed 01/30V2006, termed 02/ ?;m in DeadBc+et ZF3, pnBc 16T3.