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HomeMy WebLinkAbout08-1007PHELAN 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 163643 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b8- l0o7 Civil Iet CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163643 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 #: 163643 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 #: 163643 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 #: 163643 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/24/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, AS A NOMINEE FOR FIRST NLC FINANCIAL SERVICES LLC, DBA, THE LENDING CENTER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1938, Page: 2943. 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 07/01/2007 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 File #: 163643 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $142,827.38 Interest $9,620.48 06/01/2007 through 02/11/2008 (Per Diem $37.58) Attorney's Fees $1,250.00 Cumulative Late Charges $183.60 01/24/2006 to 02/11/2008 Cost of Suit and Title Search 550.00 Subtotal $154,431.46 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $154,431.46 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 File #: 163643 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $154,431.46, together with interest from 02/11/2008 at the rate of $37.58 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 By: r o FRA CIS S. HALL AN, 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 #: 163643 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southwest corner of Oxford Drive and Lancaster Boulevard of the hereinafter mentioned plan; thence by the Westerly side of Lancaster Boulevard South 44 degrees 38 minutes East 82 feet to a point at the dividing line between Lots No. 8 Block N, of the plan and Lot No. 7, Block N, Page 10, Orchard Crest Manor; thence by said dividing line South 45 degrees 2 2minutes West 110 feet to the Western line of Lower Allen Township; thence by said line North 44 degrees 38 minutes West 92 feet to a point on the Southerly side of Oxford Drive; thence by Oxford Drive North 45 degrees 22 minutes East 110 feet to a point at the Southwest corner of Oxford Drive and Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 8, Block N, Plan 9, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, Page 79. HAVING thereon erected a brick and aluminum bi-level dwelling house known and numbered as 140 Lancaster Boulevard. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would revel. PREMISES: 140 LANCASTER BOULEVARD PARCEL: 13-24-0793-160 File #: 163643 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 unswom falsifications to authorities. J8?6-27 4Amae y for Plaint ff DATE: ?U-11 00 0) n --. 7 r O ao W b -?? .? Cn +..3 --C O PHELANHALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Attorneys For Plaintiff 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 WELLS FARGO FINANCIAL INC. V. GREGORY A. PONDER LORI A. PONDER AIK/A LORI ANN PONDER COURT OF COMMON PLEAS CIVIL DIVISION COURT NO. 08-1007 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: 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 a`o?v-6 a File #: 163643 ? ? c:.? ? ? ?'? ? ;?: , ?` - is .. .. '? , ?. r ~ ; ? : , ?? ? i .S Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO FINANCIAL INC. ATTORNEY FOR PLAINTIFF Court Of Common Pleas Civil Division V. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER CUMBERLAND County 6q , J001 No. - - CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER. 140 Lancaster Boulevard Mechanicsburg, PA 17055 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff -/' - - 7: 7? A dl?- - By: La ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Date: February 20, 2008 PHS# 163643 C## r "E" t . s' P- .Y SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01007 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS PONDER GREGORY A 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 PONDER GREGORY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 140 LANCASTER BOULEVARD PONDER GREGORY A NOT FOUND , as to LANCASTER, PA 17055 PER LORI, GREGORY DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 11.52 Not Found 5.00 Surcharge 10.00 00 ?l?il0? ?? 44.52 So answerer - -_=' R. Thom-IC1-ne Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/10/2008 Sworn and Subscribed to before me this day of A. D. CASE NO: 2008-01007 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS PONDER GREGORY A ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PONDER LORI A AKA LORI ANN PONDER the DEFENDANT , at 1115:00 HOURS, on the 15th day of February-, 2008 at 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 was served upon by handing to LORI PONDER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 31 fllOf 11 . 0 0 16. 00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 03/10/2008 PHELAN HALLINAN SCHMI By. Deputy Sheriff A. D. CASE NO: 2008-01007 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS PONDER GREGORY A 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 PONDER GREGORY A the DEFENDANT , at 1717:00 HOURS, on the at 211 RENO AVENUE APT 1 NEW CUMBERLAND, PA 17070 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 16.32 Affidavit .00 Surcharge 10.00 .00 3Jfa?oY ?.32.32 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/10/2008 PHELAN HALLINAN SCHMIEG By: (`2? rkl Deputy Sheriff A. D. 7th day of March , 2008 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 MORGAN CUMBERLAND COUNTY STANLEY IXIS REAL ESTATE CAPITAL TRUST COURT OF COMMON PLEAS 2006,1 3476 STATEVIEW BOULEVARD FORT MILLS, SC 29715 Plaintiff, V. GREGORY A. PONDER 211 RENO AVENUE, APT 1 NEW CUMBERLAND, PA 17070 CIVIL DIVISION NO. 08-1007 CIVIL TERM LORI A. PONDER, A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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 GREGORY A. PONDER and LORI A. PONDER, A/K/A LORI ANN PONDER, 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 2/12/08 to 5/30/08 TOTAL $154,431.46 $4,096.22 $158,527.68 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 iDANIEL5SC:HMI:EG,:E:SQQUIRiE-1 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: %JL)M 07 ppg PRO ROTH 163643 rriELAN HALLINAN & SCHMIEG, LLP 3y: 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 MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST,2006-1 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. GREGORY A. PONDER LORI A. PONDER A/KlA LORI ANN PONDER Defendants TO: GREGORY A. PONDER NO. 08-1007-CIVIL TERM 211 RENO AVENUE, APT. 1 NEW CUMBERLAND, PA 17070 DATE OF NOTICE: APRIL 1, 2008 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 Jason Ricco, Legal Assistant PHELAN HALLMAN & SCHMII G, 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 MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST,2006-1 : CIVIL DIVISION Plaintiff Vs. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER Defendants : NO. 08-1007-CIVIL TERM TO: LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 - v DATE OF NOTICE: APRIL 1, 2008 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 CUMBERLAND COUNTY Jason Ricco, Legal Assistant 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 MORGAN STANLEY IRIS REAL ESTATE CAPITAL TRUST 2006,1 3476 STATEVIEW BOULEVARD Plaintiff, V. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1007 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 GREGORY A. PONDER is over 18 years of age and resides at, 211 RENO AVENUE, APT 1, NEW CUMBERLAND, PA 17070. (c) that defendant LORI A. PONDER, A/K/A LORI ANN PONDER is over 18 years of age, and resides at, 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. 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 CD Q iv (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 MORGAN CUMBERLAND COUNTY STANLEY IRIS REAL ESTATE CAPITAL TRUST COURT OF COMMON PLEAS 2006,1 3476 STATEVIEW BOULEVARD CIVIL DIVISION NO. 08-1007 CIVIL TERM Plaintiff, V. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ? dune a., 2009. d L?' 'It By: I /I If you have any questions concerning this matter, please contact: ANIEL 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. A PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IRIS REAL ESTATE CAPITAL TRUST 2006,1 No. 08-1007 CIVIL TERM Plaintiff, V. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $158,527.68 Interest from 5/31/08 TO 12/10/08 $5,055.64 and Costs (per diem -$26.06) Add'1 Costs $4,258.00 TOTAL $167,841.3 ANIEL . SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not, be sold in the absence of a representative of the plaintiff at the Sheriff-'s Sale. The sale must be postponed or stayed in the event that ,a representative of the plaintiff is not present at the sale. 163643 d d? w Ewa Hod x? v a F H dHwN O d ? V ggG S$ ^' F F? W O a w? 00 as O? ?w z O a 0 H V w? ws o; w w ? v a p D V 45 w kn 0 or od ?+ a d? a? A? daam ? U U W? z d? a zw a 0 zu o ?a N ? L o0a8 a s r r ?t O 1.4 ctd a M T .., cn t' i -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 MORGAN CUMBERLAND COUNTY STANLEY IRIS REAL ESTATE CAPITAL COURT OF COMMON PLEAS TRUST 2006,1 Plaintiff, V. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). CIVIL DIVISION NO. 08-1007 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: Q 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. r'? K < i ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?a C-n DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IRIS REAL ESTATE CAPITAL TRUST 2006,1 Plaintiff, V. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1007 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006, 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 ,140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 211 RENO AVENUE, APT 1 NEW CUMBERLAND, PA 17070 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 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 autho ' June 24, 2008 DATE DANIE G. SCHMIEG, E IRE Attorney for Plaintiff C D l Cal. -r u UVI , s N Y d ? 4?f1 .f.'.... r ` O . A. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IRIS REAL ESTATE CAPITAL TRUST 2006,1 Plaintiff, V. CUMBERLAND COUNTY No. 08-1007 CIVIL TERM GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). June 24, 2008 TO: GREGORY A. PONDER 211 RENO AVENUE, APT 1 NEW CUMBERLAND, PA 17070 LORI A. PONDER, A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND 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 ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $158,527.68 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL 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. I 4 . All You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 J( LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southwest corner of Oxford Drive and Lancaster Boulevard of the hereinafter mentioned plan; thence by the Westerly side of Lancaster Boulevard South 44 degrees 38 minutes East 82 feet to a point at the dividing line between Lots No. 8 Block N, of the plan and Lot No. 7, Block N, Page 10, Orchard Crest Manor; thence by said dividing line South 45 degrees 2 2minutes West 110 feet to the Western line of Lower Allen Township; thence by said line North 44 degrees 38 minutes West 92 feet to a point on the Southerly side of Oxford Drive; thence by Oxford Drive North 45 degrees 22 minutes East 110 feet to a point at the Southwest corner of Oxford Drive and Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 8, Block N, Plan 9, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, Page 79. TITLE TO SAID PREMISES IS VESTED IN Gregory A. Ponder and Lori Ann Ponder, husband and wife, by Deed from Gregory A. Ponder and Lori Ann Ponder, husband and wife, dated 11/28/2001, recorded 12/04/2001, in Deed Book 249, page 2211. PREMISES BEING: 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0793-160 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1007 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 MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006,1, Plaintiff (s) From GREGORY A. PONDER, LORI A. PONDER a/k/a LORI ANN PONDER (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 $158,527.68 L.L.$ 0.50 Interest from 5/31/08 to 12/10/08 (per diem - $26.06) - $5,055.64 and Costs Atty's Comm % Atty Paid $211.84 Plaintiff Paid Date: 6/25/08 Due Prothy $2.00 Other Costs $4,258.00 Prothonot (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP By: 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 Deputy 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 MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 VS. Plaintiff No. 08-1007 CIVIL TERM GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES ,Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on February 13, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A» 2. Judgment was entered on June 2, 2008 in the amount of $158,527.68. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County 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 December 10, 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 $142,827.38 Interest Through December 10, 2008 $20,965.72 Per Diem $37.66 Late Charges $183.60 Legal fees $1,675.00 Cost of Suit and Title $1,529.00 Sheriffs Sale Costs $3,000.00 Property Inspections/ Property Preservation $210.00 Appraisal/Brokers Price Opinion $285.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $6,253.86 TOTAL $176,929.56 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 October 6, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. T Mn,-A-rd mieg, LLP DATE: By: Micee . , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 Plaintiff VS. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1007 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GREGORY A. PONDER and LORI A. PONDER A/K/A LORI ANN PONDER 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 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055. 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 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 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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well 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 d enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an 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: By: TMiche Esquire PM.Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCIRvUEG, 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 163643 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER' BOULEVARD MECHANICSBURG, PA 17055 N o - ? 5?", ?''C _ ? ? n r rt v: ? -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 69-tool ?iv? 1T CUMBERLAND CO T ?LJ Defendants ?r d CIVIL ACTION - LAW COMPLAINT IN MORTGAGE COMPLAINT IN MORTGAGE FORECLOS?p^ File #: 163643 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 #: 163643 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 He #: 163643 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 i1: 163643 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/24/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, AS A NOMINEE FOR FIRST NLC FINANCIAL SERVICES LLC, DBA, THE LENDING CENTER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1938, Page: 2943. 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(8); 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 r mortgage due 07/01/2007 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 File S: 163643 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $142,827.38 Interest $9,620.48 06/01/2007 through 02/11/2008 (Per Diem $37.58) Attorney's Fees $1,250.00 Cumulative Late Charges $183.60 01/24/2006 to 02/ 11 /2008 Cost of Suit and Title Search $550.00 Subtotal $154,431.46 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $154,431.46 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 File #: 163643 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $154,431.46,.together with interest from 02/11/2008 at the rate of $37.58 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 By: a ll0 FRA CIS S. HALL AN, 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 #: 163643 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southwest corner of Oxford Drive and Lancaster Boulevard of the hereinafter mentioned plan; thence by the Westerly side of Lancaster Boulevard South 44 degrees 38 minutes East 82 feet to a point at the dividing line between Lots No. 8 Block N, of the plan and Lot No. 7, Block N, Page 10, Orchard Crest Manor; thence by said dividing line South 45 degrees 2 2minutes West 110 feet to the Western line of Lower Allen Township; thence by said line North 44 degrees 38 minutes West 92 feet to a point on the Southerly side of Oxford Drive; thence by Oxford Drive North 45 degrees 22 minutes East 110 feet to a point at the Southwest corner of Oxford Drive and Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 8, Block N, Plan 9, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, Page 79. HAVING thereon erected a brick and aluminum bi-level dwelling house known and numbered as 140 Lancaster Boulevard. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would revel. PREMISES: 140 LANCASTER BOULEVARD PARCEL: 13-24-0793-160 File #: 163643 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 unswom falsifications to authorities. `??I - IA I A" 8 ?v-) ? A rney for Plain ff DATE: 12 0 g 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 (2151 563-7000 DEUTS ANK NATIONAL TRUST COMP TRUSTEE FOR MORGAN ST REAL ESTATE CAPITAL EW BOULEVARD SC 29715 V. Plaintiff, NP COUNTY CTKR OF COMMON PLEAS LAND r CIVIL DIVISION NO. 08-1007 CIVIL TERM GREGORY A. PONDER 211 RENO AVENUE, APT 1 NEW CUMBERLAND, PA 17070 LORI A. POI AKKIA LORI 140 LANCAE FKJLEVARD J, PA 17055 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO TIC PROTHONOTARY: N o rrir?- ? - C: pm cn Kindly enter an in rem judgment in favor of the Plaintiff and against GREGORY A. PONDER and LORI A. PONDER, A/K/A LORI ANN PONDER 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 $154,431.46 Interest from 2/, 2kg to 5/30/08 $4,096.22 TOTAL $158,527.68 I here that (1) the addresses:.Q aintiff and Defendant(s) are as shown above, and (2) that no ' een given in accordan e'''pRule 237. 1, copy attached. • 1 DANIEL S HMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED. AS INDICATED. DATE: appg PRO P IiY 163643 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 October 6, 2008 GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 vs. GREGORY A. PONDER and LORI A. PONDER, A/K/A LORI ANN PONDER Premises Address: 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-1007 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 by Friday, October 10, 2008. ;Shpuld you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. qe! rulyyo , le M. Bradfo , Esquire For Phelan Hallinan & Schmieg, LLP Enclosure J C> a a ? O U g n 4d a ?Ya a0i U- ..aa? P. 0 a 4 C zec 0. O y o E `? r A C o G s ? 3000 diz woaA 0911bw U h ? E ? ? O LOS L Son 100 9 VU z o ZO $ OZ O 53An06 A3MM AU- G ® i ® el 0 O U 0 ?' 'rip G A 5 ti y T.+ O -, ^ b 4 E 7• ?1 C 4 ? ?0 U F H y N E W N Wr^ y o i . _ U O 9 a F-' ? j :a L N r + v eo°p 5.? F? O It o > o o 'o 0 W e,n cw ? ~ z o O W ? N o?oE? ?o pa w _` vJ ri`W-/1 b G O v a ? h ?D a ?n w w z ? zx W a a ?w q a ?D w O Q aw ao Q ? ..a z o ? C? U w ° ., C a 0 0W a° a ?q Z ? ( ) u Ha 7 C i .a µ T a a vb 3 'y z -' i ? ?a ?--? N M v1 ?p t- 00 0) N 1- tn ° 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: x-11 b-6 MP n S ieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 Plaintiff VS. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1007 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. GREGORY A. PONDER LORI A. PONDER AIK/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 DATE: lol L GREGORY A. PONDER 211 RENO AVENUE APARTMENT #1 NEW CUMBERLAND, PA 17070 H 11' & chmieg, LLP By: Michele M. Bradfor , Esquire Attorney for Plaintiff i?'O ?S ? I Y IF ro.? ?=TjW ? ~z r? -, - ,: c1 < <:1; ?? }_ :.- :: _ c:':i - ? ? ;i OCT" 16 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 Plaintiff VS. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-1007 CIVIL TERM RULE AND NOW, this day of UMF,? 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 Returnable on the .4 'day of _,7 ?xjL 2008, at - y5 min Courtronof the Cumberland County Courthouse, Carlisle, Pennsylv . . B J. ? A 15- Michele M. Bradford, Esquire f Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com GREGORY A. PONDER LORI A. PONDER AWA LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 CC? CeS Nh* tLL ? GREGORY A. PONDER 211 RENO AVENUE APARTMENT #1 NEW CUMBERLAND, PA 17070 163643 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 (2_15) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST, 2006-1 Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1007 CIVIL TERM GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 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 November 26, 2008 was sent to the following individual on the date indicated below. GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 DATE: 2A GREGORY A. PONDER 211 RENO AVENUE APARTMENT #1 NEW CUMBERLAND, PA 17070 7.ichhele S ieg, LLP By: Attorney for Plaintiff Bradford, E wire 0 Pv ? m 'r :' ° , IM DEUTSCHE BANK NATIONAL TRUST, COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE: CAPITAL TRUST, 2006-1 Plaintiff VS. GREGORY A. PONDER and LORI A. PONDER, A/k/a LORI ANN PONDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1007 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on November 26, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: November 21, 2008 IJ Dale F. Sh ghart, Jr. Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Gregory A. Ponder and Lori A. Ponder f` c ? 1 ??. .r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL Civil Division TRUST, 2006-1 Plaintiff CUMBERLAND County VS. No. 08-1007 CIVIL TERM GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER Defendants ORDER AND NOW, this day of 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $142,827.38 Interest Through December 10, 2008 $20,965.72 Per Diem $37.66 Late Charges $183.60 Legal fees $1,675.00 Cost of Suit and Title $1,529.00 Sheriffs Sale Costs $3,000.00 Property Inspections/ Property Preservation $210.00 Appraisal/Brokers Price Opinion $285.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance s Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $6,253.86 $176,929.56 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not figure. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com GREGORY A. PONDER LORI A. PONDER A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 uded in the above r GREGORY A. PONDER 211 RENO AVENUE APARTMENT #I NEW CUMBERLAND, PA 17070 163643 t • T-- T ? s -1 "_ : 3 t y 3 1` W ,,N.. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE FOR MORGAN STANLEY IXIS REAL COURT OF COMMON PLEAS ESTATE CAPITAL TRUST 2006, 1 Plaintiff CIVIL DIVISION V. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s) NO. 08-1007 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY 1 SS: 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: 140 LANCASTER BOULEVARD, MEC'HANIC'SBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. ,J ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in h absence of a representative of the plaintiff at the Sh riffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 163643 .r i 'a o U a C7 c `? ? r? e? U o °O o ? a ?xa ? u a. 0 ° a 1 o ? W u .a a cot at ° A g s ° fdizwOaj°37?b gooZ 6p o • Log Leo 0O ZO ? e N _ WL .s N'sbd ? 0 " ? R g,o$ ASP S O ? ? pp ? O O - ,?w• L u b 6 w m o a oesw? O r ti Q 0 A G p N } V h TC ?^ A o tb M ? a, U O ., a O A gg a 04 i.o yea U Hl 0o W, O O .ba ? Wa ? m a 4 4-4 O 12 y N td . ?x 0 x v W -- ~ U a v x `e W IT, V' N d U a aw O s O En. aG p as n O w? ? a ? N 3C) o o W W - O>O Up`? p aE a GU C7 ?a! 44 Oa yy V1 N : 3 ?? q q O W ¢ ¢? C7 U? a?i¢ o o a s e H? a W t/1 N O X 0vU Z Z cEn O p ; ? c? 00 p O 8a e z° ? FYo a ¢ a v z w .? 1 a C7 ? z> z pO Ac??U pUO p ? U? `4 ?a Aa ox a c m E Z tea' Q M C7 a ? o ?E ? , N M ? V7 ?p ? 00 Q1 O ^" N E l V7 z -? X - F ?"; %. y + "?.. ? _.. ?: -Y_:, .._ ? L ?,. !# ? ? .S ?. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Morgan Stanley Ixis Real Estate Capital Tr is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 25th day of June. A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1007, at the suit of Morgan Stanley Ixis Real Estate Capital Tr against Gregory A Ponder & Lori A aka Lori Ann Ponder is duly recorded as Instrument Number 200840576. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of &-k6? , A.D. cad - of Deeds Rec -Bw of baba, Cumberand County, C&I*, PA My Coaubimm F.xoms the Finn Monday of Jan. 2010 Deutsche Bank National Trust Company as In The Court of Common Pleas of Trustee for Morgan Stanley Ixis Real Estate Cumberland County, Pennsylvania Capital Trust 2006,1 Writ No. 2008-1007 Civil Term VS Gregory A. Ponder Lori A. Ponder, a/k/a Lori Ann Ponder Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2008 at 1349 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gregory A. Ponder, by making known unto Gregory A. Ponder, personally, at 211 Reno Avenue, Apt 1, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 4, 2008 at 1020 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lori A. Ponder, a/k/a Lori Ann Ponder, by making known unto Lori A. Ponder personally, at 140 Lancaster Boulevard, Mechanicsburg, Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 1012 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 Gregory A. Ponder and Lori A. Ponder, a/k/a Lori Ann Ponder, located at 140 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gregory A. Ponder, by regular mail to his last known address of 211 Reno Avenue, Apt 1, New Cumberland, PA 17070. The letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Lori A. Ponder, a/k/a Lori Ann Ponder, by regular mail to her last known address of 140 Lancaster Boulevard, Mechanicsburg, PA 17055. The letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. 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 December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Ixis Real Estate Capital Trust 2006-1. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Ixis Real Estate Capital Trust 2006-1 of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,044.56. Sheriffs Costs: Docketing $30.00 Poundage 20.48 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 31.00 Levy 15.00 Surcharge 30.00 Law Journal 359.00 Patriot News 379.16 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $1,044.56 So Answers: R. Thomas Kline, Sheriff ?G C--1d'V?f BY Real Estate Sergeant /a13G lb P CoI 2 ,0-0 5? r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006,1 Plaintiff, v. GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1007 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IRIS REAL ESTATE CAPITAL 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 .140 LANCASTER BOULEVARD. MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREGORY A. PONDER 211 RENO AVENUE, APT 1 NEW CUMBERLAND, PA 17070 LORI A. PONDER, 140 LANCASTER BOULEVARD A/K/A LORI ANN PONDER MECHANICSBURG, PA 17055 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: ,NamcAand 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 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6« Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13"' 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 unsworn falsification to autho June 24, 2008 _ DATE DANIE G. SCHMIEG, E WIRE Attorney for Plaintiff r i DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006,1 Plaintiff, V. CUMBERLAND COUNTY No. 08-1007 CIVIL TERM GREGORY A. PONDER LORI A. PONDER, A/K/A LORI ANN PONDER Defendant(s). June 24, 2008 TO: GREGORY A. PONDER 211 RENO AVENUE, APT 1 NEW CUMBERLAND, PA 17070 LORI A. PONDER, A/K/A LORI ANN PONDER 140 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 140 LANCASTER BOULEVARD, MECHANICSBURG,_PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $158,527.68 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, _AS_ TRUSTEE FOR MORGAN STANLEY IXIS REAL ESTATE CAPITAL 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 CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 of LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southwest corner of Oxford Drive and Lancaster Boulevard of the hereinafter mentioned plan; thence by the Westerly side of Lancaster Boulevard South 44 degrees 38 minutes East 82 feet to a point at the dividing line between Lots No. 8 Block N, of the plan and Lot No. 7, Block N, Page 10, Orchard Crest Manor; thence by said dividing line South 45 degrees 2 2minutes West 110 feet to the Western line of Lower Allen Township; thence by said line North 44 degrees 38 minutes West 92 feet to a point on the Southerly side of Oxford Drive; thence by Oxford Drive North 45 degrees 22 minutes East 110 feet to a point at the Southwest corner of Oxford Drive and Lancaster Boulevard, the place of BEGINNING. BEING Lot No. 8, Block N, Plan 9, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, Page 79. TITLE TO SAID PREMISES IS VESTED IN Gregory A. Ponder and Lori Ann Ponder, husband and wife, by Deed from Gregory A. Ponder and Lori Ann Ponder, husband and wife, dated 11/28/2001, recorded 12/04/2001, in Deed Book 249, page 2211. PREMISES BEING: 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0793-160 ' WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) NO 08-1007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY IXIS REAL ESTATE CAPITAL TRUST 2006,1, Plaintiff (s) From GREGORY A. PONDER, LORI A. PONDER a/k/a LORI ANN PONDER (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 $158,527.68 L.L.$ 0.50 Interest from 5/31108 to 12/10108 (per diem - $26.06) - $5,055.64 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $211.84 Other Costs $4,258.00 Plaintiff Paid Date: 6/25/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: 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 Real Estate Sale # 33 On August 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 140 Lancaster Boulevard, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 20, 2008 ByJod Real Es Sergeant CO i . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law 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 31, November 7 and November 14, 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. tParie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public rCARUSLE BORO, CUMBERLAND COUNTY Y Commission Expires Apr 28, 2010 F 1AL IWATZ t&L.Z NO. 33 Writ No. 2008-1007 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Ixis Real Estate Capital Trust 2006,1 VS. Gregory A. Ponder Lori A. Ponder a/k/a Lori Ann Ponder Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a point on the Southwest corner of Oxford Drive and Lancaster Boulevard of the herein- after mentioned plan; thence by the Westerly side of Lancaster Boulevard South 44 degrees 38 minutes East 82 feet to a point at the dividing line between Lots No. 8 Block N, of the plan and Lot No. 7, Block N, Page 10, Orchard Crest Manor; thence by said dividing line South 45 degrees 22 minutes West 110 feet to the Western line of Lower Allen Town- ship; thence by said line North 44 degrees 38 minutes West 92 feet to a point on the Southerly side of Oxford Drive; thence by Oxford Drive North 45 degrees 22 minutes East 110 feet to a point at the Southwest corner of Ord Drive and Lancaster Boule- vard, the place of BEGINNING. BIUNG Lot No. 8, Block N, Plan 9, OrdUwd Great Manor, which plan is rid in the Cumberland county Recorder's Office in Plan Book 21, Page 79. TITLE TO SAID PREMISES IS VESTED IN Gregory A. Ponder and Lori Ann Ponder, husband and wife, by Deed from Gregory A. Ponder and Lori Ann Ponder, husband and wife, dated 11/28/2001, recorded 12/04/2001, in Deed Book 249, page 2211. PREMISES BEING: 140 LAN- CASTER BOULEVARD, MECHAN- ICSBURG, PA 17055. PARCEL NO. 13-24-0793-160. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 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 the Patriot News Now you know 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: 10/29/08 11/05/08 11/12/08 Sworn to before me 2008 A. D. Notary C NVEALLTTH OF PENNSYLVANIA Notarial Sesl-W Shsms L Kianer, Notary Pubic C4Y Of Ift isburg; DOM* County M' Cann*sion EVWm Nov. 28,2011 Member, Fennsylvanla As"amn of Notaries Reel EsinM Ode No. 33 Mhk NO. 2000-IM ClvlfTerm Deutsche bank National Trust Company, esTruales for Morgan Stanley We Aeal Estate Capital Ttts 4006,1 VS Gregory A. Ponder t on A. Ponder, We W Anti Ponder Attorney. erileI G. Schmieg LEGAL DESCRIPTION ALL THAT C'EFMMN tract or parcel of land and practises, situate, lying and *mg in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on die Southwest caner of Oxford Drive ad Lancaster Boulevard of the hereinafter mentioned plan; .thence by the Westerly side of Lam Boulevard South 44 degrees 38 minutes Fact 92 feet to a point at the dividing line between Lob No. &Block N, of the plan and Lot No, 7, Block N, Page 10, Orchard Crest Manor; them by sand dividing line South 45 degrees. 22 minutes West 110 feet to the Wester line of Lower Allot `tbvms , thence by said line North 44 degrees 38 minutes West 92 feet to a paint on the Southerly side of Oxford Drive; lbe= by Oxford Drive North 45 degrees 22 minutes East 110 feet to a'point at the Southwest caper of Oxford Drive and Lancaster Boulevard, the Place of BEGINNING. BEING Lot NoA Block N, Plan 9, Orchard Crest Manor, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, Page 79. (TILE TO SAID PREMISES IS VESTED IN Gregory A. Ponder and " Ion Ann Ponder, husband and vrife, by. Deed from Gregory A. Ponder and Lai Ann Pond, busbaod and wife, dated 102811001, woorded I2I04l2001, in Decd Book 249, page 2211. PREMISES BEING: 140 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL N0:13 ?A b793-160