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HomeMy WebLinkAbout08-0397PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169745 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 CIVIL DIVISION 3476 STATEVIEW BLVD FORT MILL, SC 29715 TERM Plaintiff NO. (7$ - 3q7 iv i (? V. CUMBERLAND COUNTY DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169745 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 #: 169745 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 #: 169745 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 #: 169745 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/21/2005 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: 1927, Page: 4982. 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 10/01/2007 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 #: 169745 6. The following amounts are due on the mortgage: Principal Balance $132,666.63 Interest $4,876.92 09/01/2007 through 01/16/2008 (Per Diem $35.34) Attorney's Fees $1,250.00 Cumulative Late Charges $154.27 10/21/2005 to 01/16/2008 Cost of Suit and Title Search 550.00 Subtotal $139,497.82 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $139,497.82 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 #: 169745 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. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $139,497.82, together with interest from 01/16/2008 at the rate of $35.34 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP G )- (09 r I / ? By. RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 169745 LEGAL DESCRIPTION ALL THOSE two certain lots of land situate on the North side of 'C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by 'C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior deeds as being bounded by 'C' Street. Containing 50 feet in front on 'C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. PARCEL NUMBER 06-19-1643-319 BEING KNOWN AS 331 C STREET, CARLISLE, PA 17013 File #: 169745 VERIFICATION I hereby state that I am the 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 I am 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 my 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. Attorney for Plaintiff DATE: 1,0 Lv? Oz c :J 00 c ' co + -? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00397 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M 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 SHUGHART DAWN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT SHUGHART DAWN M 331 C STREET CARLISLE, PA 17013 DEFENDANT OWN PROPERTY, BUT TENANT LIVES THERE. Sheriff's Costs: Docketing 6.00 Service 4.80 Not Found 5.00 Surcharge 10.00 00 ?as10S, 4 25.80 So answe -'' T o a ne Sheriff of Cumberl -,-County PHELAN HALLINAN SCHMIEG 01/22/2008 Sworn and Subscribed to before me this day of A. D. .? .k SHERIFF'S RETURN - REGULAR CASE NO: 2008-00397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHUGHART DAWN M the DEFENDANT , at 1445:00 HOURS, on the 18th day of January , 2008 at 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to 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 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/22/2008 PHELAN HALLINAN SCHMIEG By: -i?-- eputy Sheriff A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Defendant(s). NO. 08-397 CIVIL TERM 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 DAWN M. SHUGHART, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/17/08 to 3/3/08 TOTAL $139,497.82 $1,660.98 $141,158.80 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. DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 13 os PROP OTHY 169745 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (21-S-)563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITI : COURT OF COMMON PLEAS ES TRUST 2006-FRE 1 Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DAWN M. SHUGHART :NO. 08-397 CIVIL TERM Defendants TO: DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 DATE OF NOTICE: EEBRUARY n.008 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 O 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 ?? (800)990-9108 ?` ._ 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 V. Plaintiff, DAWN M. SHUGHART Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-397 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 DAWN M. SHUGHART is over 18 years of age and resides at, 1156 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff N O ' r - SIC r rt j D r-S trt (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION, AS . TRUSTEE FOR MASTR ASSET BACKED COURT CUMBERLAND COMMON PLEAS SECURITIES TRUST 2006-FRE1 CIVIL DIVISION Plaintiff, NO. 08-397 CIVIL TERM V. DAWN M. SHUGHART Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on March 5, 200 R . By: If you have any questions concerning this matter, please contact: DANIEL G. SC MIEG, 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff, V. DAWN M. SHUGHART Defendant(s). No. 08-397 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,158.80 Interest from 3/4/08 TO 6/11/08 $2,320.00 and Costs (per diem -$23.20) Add'1 Costs $2,253.50 TOTAL $145,732.30 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 169745 w? O> a>4 zz ?a ?z 00 ?z o? ?w H? -1 v J ? OO dW x Ey w? V x w as ? a d04? x OF c o zW a a 0.0 as a a w z 4 Loo SA sL 9D Li 0 0o d 000 ?CJ? F: o = s = =?tr M .-a O rl a w a d U A O O O H z 3 45 W) ON n a CMD ?r . w fm _ cn ?f LEGAL DESCRIPTIOIN ALL THOSE two certain lots of land situate on the North side of 'C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by 'C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior deeds as being bounded by 'C' Street. Containing 50 feet in front on 'C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. BEING the same premises which Joel A. Williams and Karen R. Williams, single persons, by their deed dated May 20, 2002, and recorded in Cumberland County, Pennsylvania Deed Book 251, Page 4250, granted and conveyed unto Karen R. Williams, single person, Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dawn M. Shughart, adult individual, by Deed from Karen R. Williams, adult individual, dated 09/30/2005, recorded 10/24/2005, in Deed Book 271, page 2851. BEING PREMISES: 331 C STREET, CARLISLE, PA 17013 BEING PARCEL NO. 06-19-1643-319 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff, V. DAWN M. SHUGHART Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-397 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. z DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c° Me 7-0 g..`- cn ",s IJS BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff, V. DAWN M. SHUGHART Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-397 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 ^ (Affidavit No. l) SECURITIES TRUST 2006-FRE1, Plaintiff in the above action, by it 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 ,331 C STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Cedar-Stonehedge LLC Cedar-Stonehedge LLC Lamar Advertising Company Lamar Advertising Company Orrstown Bank Orrstown Bank Last Known Address (if address cannot be reasonably ascertained, please indicate) 3307 Trindle Road Camp Hill, PA 17011 C/o Kenneth J. Rollins, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 308 South 10 Street Lemoyne, PA 17043 C/o Arthur M. Feld, Esquire 1300 Bridge Street Cumberland, PA 17070-1116 77 East King Street Shippensburg, PA 17257 C/o David a. Baric, Esquire 19 West South Street Carlisle, PA 17013-3445 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: dd if ddress cannot be Name 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 Last Known A ress (i a reasonably ascertained, please indicate) 331 C STREET CARLISLE, PA 17013 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 Gary L. Hoover C/o Kristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 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 author' ' s. March 3, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff N `C7 E? x 3 Fri M- V i 5 fT _r c US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff, V. DAWN M. SHUGHART Defendant(s). CUMBERLAND COUNTY No. 08-397 CIVIL TERM March 3, 2008 TO: DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 331 C STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 111 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,158.80 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 (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.) 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, you act immediately after the sale. if 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 re resentative of the laintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTIOIN ALL THOSE two certain lots of land situate on the North side of 'C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by 'C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior deeds as being bounded by 'C' Street. Containing 50 feet in front on 'C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. BEING the same premises which Joel A. Williams and Karen R. Williams, single persons, by their deed dated May 20, 2002, and recorded in Cumberland County, Pennsylvania Deed Book 251, Page 4250, granted and conveyed unto Karen R. Williams, single person, Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED M Dawn M. Shughart, adult individual, by Deed from Karen R. Williams, adult individual, dated 09/30/2005, recorded 10/24/2005, in Deed Book 271, page 2851. BEING PREMISES: 331 C STREET, CARLISLE, PA 17013 BEING PARCEL NO. 06-19-1643-319 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-397 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1, Plaintiff (s) From DAWN M. SHUGHART (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 $141,158.80 L.L.$ 0.50 Interest from 3/04/08 to 6/11/08 (per diem - $23.20) -- $2,320.00 and Costs Atty's Comm % Atty Paid $177.60 Plaintiff Paid Date: 3/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,253.50 s ?cb By: Pro now- Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF BANK NATIONAL ASSOCIATION, AS !'"TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 CUMBERLAND COUNTY No. 08-397 CIVIL TERM ACCT. #169745 DEFENDANT(S) DAWN M. SHUGHART SERVE DAWN M. SHUGHART AT: 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 S RVED Served and made known to GV-? ???'y ?'i? , Defendant, on the ?? day of 200r at Lill , O'clockf .m., at Commonwealth i of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _` Height " 3 Weight 160 Race !n1 Sex /= Other 4A I, ??? ???e , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Ken. Baker before me this .S`4 day 19 Drive of .spa j, 200d-. aull" NJ 08016 Notary: -4231 PL =TTE1l1TPrTAjV4jg§E JAT LEAST 3 TIMES. INDICATE DATES & TIMES O TTT NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY OnjftCOMMlSSK%IWPIRES 10/2512012 , 200_, at o'clock _.m., Defendant NOT Moved Unknown No Answer Vacant Vacant F SERVICE ATTEMPTED. FOUND because: 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: U 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 T y O 7D, :r -N SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET No.: 08-397 CIVIL TERM BACKED SECURITIES TRUST 2006- FRE1 VS. DAWN M. SHUGHART 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: 331 C STREET, CARLISLE, PA 17013. 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. May 5, 2008 Attorney for Plaintiff t "* w o U v Cf) z a' z?,o b L Q ? ? b zoo 3000d1Z W027J a3llbW 8002 90ddW 06086w`OZO 'siN10H A3Nlld 0 Z S ?SOd S-IX a N W O as ? O a rj O a 3 ? a o z F* en Z H a A V ? W W v 9 w U a O en M o o z C) en 0. O?ao a z z U AUF m .c m Q w a x > ? ? ? a a U .a a ? N 5 °o ° U H ? ?, y e? L ICI ICI ? ' a ? a .? c ? •c ? oo G4 d p "" vii a N Y! ti as M a? O ? .? ? a o a ,? ? L •? N - -4 L b a a W a a W N •.? W w b p .0 d, C" ° ?. ...i o ° Q °, Vi W c Gi :7 L. O mo / W L ?+ N 4+ as H O en V C/? L. as > A W 4p y a M U D co a w o U U ?' U U w a w 0a a as a0 aa? a a o U ? in °? 03 ? ?a E f a ? Q ° 0 a a o ° > b > b4 O a o G° s. 'a 0 pq O as PE L f rm 6° 0 p U'o r+ 1.•Q. Aa U Ux a a? O G7? al IN IMI? I? I? Ihl? I?lo I~I~ I~?? s Uj l ra a =It 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FREI Plaintiff VS. DAWN M. SHUGHART Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-397 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 January 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on March 5, 2008 in the amount of $141,158.80. 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 June 11, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $132,666.63 Interest Through June 11, 2008 $9,466.47 Per Diem $31.35 Late Charges $154.27 Legal fees $1,735.00 Cost of Suit and Title $1,364.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 Appraisal/Brokers Price Opinion $95.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $143.58 TOTAL $145,669.95 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 Defendant. 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 Defendant on May 2, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ?S 1 al ' g, LLP By: Mi hel . Bradford, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff vs. DAWN M. SHUGHART Defendant No. 08-397 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DAWN M. SHUGHART 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 331 C STREET, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other Court of Common Pleas Civil Division CUMBERLAND County items, in order to protect the security of the Mortgage. In the instant case, Defendant 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 Defendant 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 Morgan eg 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 Sheriff s 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s 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 Defendant 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. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road 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. DATE: P e r1le g, LP B: c. B adford, Esq ' e Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMMG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169745 US BANK NATIONAL ASSOCIATION, AS - TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 c-? ?u r' 'T7 c` -- m m +, p - -y iv ;J rry ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 1917 Ci V1 f T" V. CUMBERLAND COUNTY DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTUFINEY i-ILE COPY PLEASE AfT't BN ve here4Y eertit within to be Y tr« correct C a true &tc. riginai tit, ©tt the rec0rt No ff. 169745 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 #: 169745 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 #: 169745 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 #: 169,745 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/21/2005 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: 1927, Page: 4982. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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 #: 169745 6. The following amounts are due on the mortgage: Principal Balance $132,666.63 Interest $4,876.92 09/01/2007 through 01/16/2008 (Per Diem $35.34) Attorney's Fees $1,250.00 Cumulative Late Charges $154.27 10/21/2005 to 01/16/2008 Cost of Suit and Title Search 550.00 Subtotal $139,497.82 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $139,497.82 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 H; 169745 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. This action does not come under Act 91 of 1983 because the mortgage premises is not i.he principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sun:} of $139,497.82, together with interest from 01/16/2008 at the rate of $35.34 per diem to the +ale of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 6 Z 6?r By: RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DA'VEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File k: 169745 LEGAL DESCRIPTION ALL THOSE two certain lots of land situate on the North side of'C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by 'C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior deeds as being bounded by'C' Street. Containing 50 feet in front on'C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. PARCEL NUMBER 06-19-1643-319 BEING KNOWN AS 331 C STREET, CARLISLE, PA 17013 File 4: 169745 VERIFICATION I hereby state that I am the 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 I am 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 my 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 IS Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. / l Attorney for Plaintiff DATE: I , "L"'_ Exhibit "B" 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR BACKED SECURITIES TRUST 2 1 3476 STATEVIEW FORT MILL, Plaintiff, V. DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Defendant(s) CUMBERL, CIVIL DION Y ` EAS NO. 08-397 CIVIL TERM S Q w R rn? ;j Q =fi PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES. TO THE PROTHONOTARY:: " -' Kindly enter an in rem j &ent in favor of the Plaintiff anal ag. "" A' v1 1v SHWHART, Defendant(s) for failure to saver to Plaintiffs Complain wrin 2:da"s""from service thereof and for Foreclosure an4S`a mortgaged premises, and assess Plaintiffs damages as follows: As set TOTAL 7/08 to 3/3/08 $139,497.82 $1,660.98 $141,158.80 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. DANIEL G. SCHMIEG, ESWiE Attorney for Plaintiff 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 May 2, 2008 DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FREI vs. DAWN M. SHUGHART Premises Address: 331 C STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-397 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, May 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Y.radf MMihe d, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure f? € 0 t 6 t 300-3 dtZ MH C311M 800Z ZO J.VtN O l08 M7000 00 VZO s M zo S3MOH A3Nlld ®_ z 111 ? soo M O d ^ w d rA A o u o E F F °v O a .0 3 x? w U v V? p O Q Z U ? p aa-d oa z A N Z U ti zdo'? M 1-4 0 d w a a d U F w a F U .4 M M a x c? x z A tn x QI -I" IM I? I- I- I- I- 1", 12 1= I? Im I?t In O N U goo ,g« u o H ? 5 'v o o " K U v X E o ?y o c a u o 0 0 v?v.g C v° aCi T 3 C n. y r N ? G N C ? v ? ? w v m ? v u c?9 O d vU w O. _, O T p A v m d Q'j U DDS O O '' G E W C ? C W O W Vi , ., L G O O ? C O N U U [^ VI y N O O G u v a 0 Iz- a T a°w v? ao w .. ao ?a z; F a v b C N w T O ? .UO m U O ?. [- a 5 I 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: 6 ?__ By Ph 1 i g, LLP Mi el M. ra fo d, sq re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRET Plaintiff VS. DAWN M. SHUGHART Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-397 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. DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 DAWN M. SHUGHART 331 C STREET CARLISLE, PA 17013 DATE: By: Attorney for Plaintiff 1 1 ? ieg, LLP Mi ele M. Bradfo quire U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 PLAINTIFF V. DAWN M. SHUGHART, DEFENDANT NO. 08-0397 CIVIL ORDER OF COURT AND NOW, this 28th day of May, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 12, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Counsel for Plaintiff ?w -L ?k4 M. L. Ebert, Jr., J. a •8 Wv 90 Am, 8e0z ? Dawn M. Shughart 331 C Street Carlisle, PA 17013 ? Dawn M. Shughart 1156 Walnut Bottom Road Carlisle, PA 17013 bas Co i £s rnz c l 51x0/00 L? 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff VS. DAWN M. SHUGHART Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-397 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 12, 2008 was sent to the following individual on the date indicated below. DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 DAWN M. SHUGHART 331 C STREET CARLISLE, PA 17013 LLP DATE: I t 11 At h Attorney for Plaintiff "?? r .C` ? ?. 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1 Plaintiff VS. DAWN M. SHUGHART Defendant TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-397 CIVIL TERM PRAECIPE Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 19, 2008 in the above referenced action. DATE: -*41Q-- B Attorney ieg, LLP h tdforSdc,Esquire- Michele M. 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-FRE 1 Plaintiff vs. DAWN M. SHUGHART Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-397 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 DATE: 4448-1- DAWN M. SHUGHART 331 C STREET CARLISLE, PA 17013 1 hmieg, LLP By: /Mic nele M. Bradf rd, E quire Attorney for Plaintiff v ?P?T G„r l . ? .y, it TH OF PENNSYLVANIA )F CUMBERLAND ISS: I, obert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which US BANK N A TR is the grantee the same having been sold to said grantee on the j H day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 5TH day of MARCH,?A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 397, at the suit of US BANK N A TR against DAWN M SHUGHART is duly recorded as Instrument Number 200820749. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this day of A.D. of Deeds Heonrdor of 6'303' ; u"'uGrwW Coon MI Cwfts ion ExpKee Ow Aw Moe2y 004. 2M0 US ank National Association, as Trustee In the Court of Common Pleas of For astr Asset Backed Securities Trust Cumberland County, Pennsylvania 2006 FRE1 Writ No. 2008-397 Civil Term vs Da M. Shughart Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2 08 at 1643 hours, he served a true copy of the within Real Estate Writ, Notice and Desc 'ption, in the above entitled action, upon the within named defendant, to wit: Dawn M. Shu art by making known unto Rob Neidlinger, adult in charge for Dawn M. Shughart at 1156 aln t Bottom Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handi g to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2 08 at 1643 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and descr ption, in the above entitled action, upon the property of Dawn M. Shughart located at 331 C Stree Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the abov Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff maile a notice of the pendency of the action to the within named defendant, to wit: Dawn M. Shug art by regular mail to her last known address of 1156 Walnut Bottom Road, Carlisle, PA 1701 . This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal otice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of US Bank National Association, as Trustee for MASTR Asset Backed Securities Trust 2006- FRE 1. It being the highest bid and best price received for the same, US Bank National Association, as Tru tee for MASTR Asset Backed Securities Trust 2006-FRE1 of 3476 Stateview Blvd., Fort Mill, C 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $990. 0. Sheriff s Costs: Docke ing Pound ge Postin Bills Adve 'sing Ackno ledging Deed Auctio eer Law L brary Protho otary Mileag Levy Law Jo al Patriot ews Share f bills Distrib tion of proceeds Sheri s deed 30.00 19.42 15.00 15.00 48.00 10.00 .50 2.00 9.60 15.00 30.00 355.00 361.25 14.73 25.00 39.50 $990.00/. etc G `f gf1k l2tle?- a to -7 jo So R. T omas Kline, Sheriff BY% Real US ANK NATIONAL ASSOCIATION, AS TRU TEE FOR MASTR ASSET BACKED SEC RITIES TRUST 2006-FRET Plaintiff, DA N M. SHUGHART V. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-397 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) RITIES TRUST 2006-FRE1, Plaintiff in the above action, by its attorney, DANIEL G. IIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the ing information concerning the real property located at ,331 C STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2. N e and address of Defendant(s) in the judgment: Same s above 3. N e and last known address of every judgment creditor whose judgment is a record lien on the real pmpert to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cedar- tonehedge LLC 3307 Trindle Road Camp Hill, PA 17011 LLC C/o Kenneth J. Rollins, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Lamar Advertising Company 308 South 10 Street Lemoyne, PA 17043 Lamar dvertising Company C/o Arthur M. Feld, Esquire 1300 Bridge Street Cumberland, PA 17070-1116 Bank 77 East King Street Shippensburg, PA 17257 Bank C/o David a. Baric, Esquire 19 West South Street Carlisle, PA 17013-3445 1 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. N e and address of every other person who has any record interest in the property and whose intere t 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 TenantyOccupant Domestic Relations of Cumberland County filth of Pennsylvania of Welfare nwealth of Pennsylvania of Individual Tax reasonably ascertained, please indicate) 331 C STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Tax Division Revenue Service d Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Csualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 Gary L. Hoover C/o Kristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 I rify that the statements made in this affidavit are true and correct to the best of my personal knowled a 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 author' ' s. March 33.'2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?: ?? r..? `j d1 ,? JS BANK NATIONAL ASSOCIATION, AS TRUSTLPE FOR MASTR ASSET BACKED -SECURITIES TRUST 2006-FRE1 Plaintiff, V. DAWN M. SHUGHART Defendant(s). CUMBERLAND COUNTY No. 08-397 CIVIL TERM March 3, 2008 TO: I DAWN M. SHUGHART 1156 WALNUT BOTTOM ROAD CARLISLE, PA 17013 '**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINJD WILL BE USED FOR THAT P URPOSE. 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 ANATT4MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" our house (real estate) at, 331 C STREET, CARLISLE, PA 17013, is scheduled to be sold at the She 'ffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanove Street, Carlisle, PA 17013, to enforce the court judgment of $141,158.80 obtained by US TRUST 2006-FRET (the mortgagee) against you. In the event the sale is continued, an will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS 2 3. prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. 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 hav of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 oot 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 late 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 y 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 th 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 distrib tion of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedul will state who will be receiving that money. The money will be paid out in accordance with this sch dule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff thin ten (10) days after the distribution is filed. . You may also have other rights and defenses, or ways of getting your home back, if you act tely 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 postpon d or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I LEGAL DESCRIPTIOIN THOSE two certain lots of land situate on the North side of 'C' Street in the Fifth Ward of the ugh of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEG ING on the South by 'C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior eeds as being bounded by 'C' Street. Containing 50 feet in front on 'C' Street and extending in dep at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Impr vement Company, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. BEING the same premises which Joel A. Williams and Karen R. Williams, single persons, by their deed dated May 20, 2002, and recorded in Cumberland County, Pennsylvania Deed Book 251, Page 4250, grantei4 and conveyed unto Karen R. Williams, single person, Grantor herein. RECORD OWNER TITL TO SAID PREMISES IS VESTED IN Dawn M. Shughart, adult individual, by Deed from Karen R. Wi iams, adult individual, dated 09/30/2005, recorded 10/24/2005, in Deed Book 271, page 2851. PREMISES: 331 C STREET, CARLISLE, PA 17013 BEING PARCEL NO. 06-19-1643-319 WRIT OF EXECUTION and/or ATTACHMENT MMONWEALTH OF PENNSYLVANIA) NO 08-397 Civil UNTY OF CUMBERLAND) CIVIL ACTION - LAW Tp THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for MASTR ASSET BACKED SECURITIES TRUST 2006-FRE1, Plaintiff (s) From DAWN M. SHUGHART (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 G? RNISHEE(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 nyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a ganishee and is enjoined as above stated. An ount Due $141,158.80 L.L.$ 0.50 Int?rest from 3104/08 to 6/11/08 (per diem - $23.20) -- $2,320.00 and Costs Att?Is Comm % Due Prothy $2.00 Att? Paid $177.60 Other Costs $2,253.50 Plaintiff Paid Date: 3/05/08 ?illl Pro notary (Se?l) By: Deputy RE UESTING PARTY: Na I e DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 for: PLAINTIFF e: 215-563-7000 Court ID No. 62205 Real Estate Sale #67 On March 11, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 331 C Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference - incorporated herein. Date: March 11, 2008 By: 4 Real Estat Sergeant b E :1 d 9- 8YW 8001 Vd 'J,IH(i0 u k" ?.=ii'. AA183HS 3H! AO ]J I,D' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 TH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : isa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State a resaid, 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 es blished January 2, 1952, and designated by the local courts as the official legal period, al for the publication of all legal notices, and has, since January 2, 1952, been regularly issued eekly 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, 9, and Mav 16, 2008 ffiant further deposes that he is authorized to verify this statement by the Cumberland Law Jo al, a legal periodical of general circulation, and that he is not interested in the subject matter f the aforesaid notice or advertisement, and that all allegations in the foregoing as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 f Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FA" AMAIN 46" 310. 67 Writ No. 2008-397 Civil US Bank National Association, as Trustee for Mastr Asset Backed Securities Trust 2006-FRE1 vs. Dawn M. Shughart Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THOSE two certain lots of land situate on the North side of 'C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by `C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, er- roneously set forth in prior deeds as being bounded by `C' Street. Contain- ing 50 feet in front on `C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Im- prwmaunt Company, said Plan being recorded in the Ottice of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. BRING the same premises which Joel A. Williams and Karen R. Wil- liams, single persons, by their deed dated May 20, 2002, and recorded in Cumberland County, Pennsyl- vania Deed Book 251, Page 4250, granted and conveyed unto Karen R. Williams, single person, Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dawn M. Shughart, adult individual, by Deed from Karen R. Williams, adult individual, dated 09/30/2005, recorded 10/24/2005, in Deed Book 271, page 2851. BEING PREMISES: 331 C STREET, CARLISLE, PA 17013. BEING PARCEL NO. 06-19-1643- 319. .' ,,;The Patriot-News Co. 812 Market St. Harrisborg, PA 17101 Inquiries r- 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t News Now you know CARD ISLE 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 he Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of ennsylvania, 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 Patri t-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and and 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. PUBLICATI N COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 ?.? 05/07/08 . . . . .?. W7'/1/.AI?•\ . . . . . . . . . . . . . . . . Sworn tolendAubscribed before me this 27 day of May, 2008 A.D. Notary Pul5lic COMMONWEALTH OF PENNSYLVANIA Notariai Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #67 Writ No. 2008-397 Civil Term IS Bank National Association, as Trustee for Mastr Asset Backed Securities Trust 2006- FRE7 VS Dawn M.Shughart Attorney: Daniel Schmieg DESCRIPTION ALL THOSE two certain lots of land situate on the North side of `C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by `C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior deeds as being bounded by 'C' Street. Containing 50 feet in front on `C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 11 at Page 572. BEING the same premises which Joel A. Williams and Karen R. Williams, single persons, by their deed dated May 20, 2002, and recorded in Cumberland County, Pennsylvania Deed Book 251, Page 4250, granted and conveyed unto Karen R. Williams, single person, Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dawn M. Shughart, adult individual, by Deed from Karen R. Williams, adult individual, dated 09/30/2005, recorded 10/24/2005, in Deed Book 271, page 2851. BEING PREMISES: 331 C STREET, CARLISLE, PA 17013 BEING PARCEL NO. 06-19-1643-319