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HomeMy WebLinkAbout08-2325 T MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 55.08246 Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee under Pooling and Servicing CUMBERLAND COUNTY Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4 4837 Watt Avenue, Suite 100 No.: p$ - a,,$' jvi ( 1PJ?'1 No. Highlands, CA 95660, CIVIL ACTION Plaintiff, MORTGAGE FORECLOSURE Vs. Constance M. Hutchison 644 Baltimore Pike Gardners, PA 17324, and Norman E. Hutchison 644 Baltimore Pike Gardners, PA 17324, Defendants. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee under Pooling and Servicing CUMBERLAND COUNTY Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4 No.: 4837 Watt Avenue, Suite 100 or..? 3 .? S ? -ri, .. No. Highlands, CA 95660, CIVIL ACTION MORTGAGE FORECLOSURE Plaintiff, ' Vs. Constance M. Hutchison 644 Baltimore Pike Gardners, PA 17324, and Norman E. Hutchison ' 644 Baltimore Pike Gardners, PA 17324, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4 (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4837 Watt Avenue, Suite 100, No. Highlands, CA 95660. 2. Defendants, Constance M. Hutchison and Norman E. Hutchison, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Constance M. Hutchison, Defendant, resides at 644 Baltimore Pike, Gardners, PA 17324. Norman E. Hutchison, Defendant, resides at 644 Baltimore Pike, Gardners, PA 17324. 4. On July 22, 2005, in consideration of a loan in the principal amount of $76,000.00, the Defendants executed and delivered to Wilmington Finance, a Division of AIG Federal Savings Bank an adjustable rate note (the "Note") with interest thereon at 6.450 percent per annum, payable as to the principal and interest in equal monthly installments of $477.88 commencing September 1, 2005. The current interest rate is 10.45 percent per annum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Incorporated as nominee for Wilmington Finance, a Division of AIG Federal Savings Bank a mortgage (the "Mortgage") dated July 22, 2005, recorded on July 25, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1915, Page 4472. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 644 Baltimore Pike, Gardners, PA 17324. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due October 1, 2007, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$74,182.67 Accrued but Unpaid Interest from 9/1/07 to 1/31/08 @ 9.450% per annum ($19.21 per diem) 2/1/08 to 4/10/08 @ 10.45% per annum ($21.24 per diem) ........................................$4,425.93 Corporate Advance ...........................................$49.68 Title Search Fees ............................................$350.00 Reasonable Attorney's Fees ........... .............$1,250.00 TOTAL as of 04/10/2008 ............... ...........$80,258.28 Plus, the following amounts accrued after April 10, 2008: Interest at the Rate of 1045 per cent per annum ($21.24 per diem); Late Charges of $34.15 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 644 Baltimore Pike, Gardners, PA 17324 as well as to address of residences as listed in paragraph 3 of this document on January 11, 2008, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $80,258.28, plus the following amounts accruing after April 10, 2008, to the date of judgment: (a) interest of $21.24 per day, (b) late charges of $34.15 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD ASSOCIATES, LLC Heidi R. Sp WA, Esquire Attorney for Plaintiff VERIFICATION I, Heidi R. Spivak, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904, relating to unsworn falsification to authorities. 1"'Awai Name: Hei R. Spivak, Esquire Title: Attorney MMWT A ALL MAT CERTAIN itM of iMd ei wW in 9oWh Mdd dm Town ft Cmt Udmd Cmuty? POftti6lli1?li b4R? ? daeas'bed a<iitlia?wsto wit: BEGII?IIrTil?1G gza point b >bo oogUer of th4 Cie a? ggev+ror Tome, ladptg Eom CsrSsle m HEWW,,tbetteobythaegdsgraftJaesad4gnigteandHaaover? eNarGt7dr oa30?.raalae West; the dittmoe of ISM he to a poua4; the byodabad aft a C9mmwo Nm& 34 4* m 45 t dwas Went, a &tw og of 1442 fat to a aft IAaacg by ft ame. 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CASE NO: 2008-02325 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HUTCHISON CONSTANCE M ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUTCHISON CONSTANCE M the DEFENDANT , at 2038:00 HOURS, on the 25th day of April 2008 at 2207 WALNUT BOTTOM ROAD CARLISLE, PA 17015 by handing to UNKNOWN RENTER-REFUSED TO MUR MAMF. a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 644 BALTIMORE PIKE GARDNERS IS VACANT. PER POST OFFICE, FORWARDING ADDRESS IS 2207 WALNUT BOTTOM RD CARLISLE. Sheriff's Costs: So Answers: Docketing 18.00 Service 25.00 1101 Affidavit .00 Surcharge 10.00 R. Thomas Kline 'D ?IDB L .00 53.00 04/28/2008 MILSTEAD & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. . CASE NO: 2008-02325 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HUTCHISON CONSTANCE M ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HUTCHISON NORMAN E DEFENDANT was served upon the at 2038:00 HOURS, on the 25th day of April , 2008 at 2207 WALNUT BOTTOM ROAD CARLISLE, PA 17015 by handing to UNKNOWN RENTER-REFUSED TO GIVE NAME a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 644 BALTIMORE PIKE IS VACANT. FORWARDING ADDRESS PER POST OFFICE IS 2207 WALNUT BOTTOM RD CARLISLE. Sheriff's Costs: So Answers: Docketing 6.00 , ??'a- •. Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 5/n5?b4 16.00 04/28/2008 MILSTEAD & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison, and Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2325 Civil Term Entry of Appearance Norman E. Hutchison, Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 c i y V MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Constance M. Hutchison 2207 Walnut Bottom Road Carlisle, PA 17015, and Norman E. Hutchison 2207 Walnut Bottom Road Carlisle, PA 17015, Defendants. for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2325 Civil Term PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Constance M. Hutchison and Norman E. Hutchison, Defendants, for failure to file an Answer on Plaintiff's 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 $80,258.28 Interest 4/11/08 through 07/10/08 1,932.84 Late Charges 102.45 Additional Corporate Advance 759.50 TOTAL $83,053.07 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. V), Mary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: Jul / ! 12 UU F .,s Cr - 41 of R THONOTARY MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison and Norman E. Hutchison, Defendants. Our file number: 55.08246 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2325 Civil Term TO: Constance M. Hutchison Norman E. Hutchison 2207 Walnut Bottom Road, 2207 Walnut Bottom Road, Carlisle, PA 17015 Carlisle, PA 17015 DATE OF NOTICE: May 27, 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 claims set forth against you. Unless you act within ten (10) 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 {00020971} Page I of 2 'F . 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {00020971) Page 2 of 2 `0 = ' .L y r n 1 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison, and Norman E. Hutchison, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2325 Civil Term VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Constance M. Hutchison, is over 18 years of age and resides at 2207 Walnut Bottom Road, Carlisle, PA 17015, 3. defendant, Norman E. Hutchison, is over 18 years of age and resides at 2207 Walnut Bottom Road, Carlisle, PA 17015. .10? Mary L. Harbert-Bell, Esquire ? a n ?u ? flit I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison and Norman E. Hutchison, Defendants. CIVIL ACTION NO.: 08-2325 Civil Term PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Constance M. Hutchison Norman E. Hutchison Real Property involved: 644 Baltimore Pike Gardners, PA 17324 Amount Due Interest from 7/11/08 to 3/4/09 at $13.65 per diem (6%) $83,053.07 TOTAL (Costs to be added) DATE: August 28, 2008 Respectively submitted, Milsteao & Associates, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 t002761171 ?Q O ?7 F? OD O O -o 0 L ."t 0 0 0 0 0 0 CD F3 ' ' C < I MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison and Norman E. Hutchison, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2325 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 644 Baltimore Pike, Gardners, PA 17324: 1. Name and address of Owners(s) or Reputed Owner(s): Constance M. Hutchison 2207 Walnut Bottom Road Carlisle, PA 17015 Norman E. Hutchison 2207 Walnut Bottom Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: {00276117} T Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass- Through Certificates, Series 2005-4 (Plaintiff herein) 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660 MERS, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank 3300 SW 34d' Avenue, Ste. 101 Ocala, FL 34474 MERS, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank 401 Plymouth Road, Ste. 400 Plymouth Meeting, PA 19462 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 644 Baltimore Pike Gardners, PA 17324 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the 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. Section 4904 relating to unsworn falsification to authorities. -I'M A Mary Harbert-Bell, Esquire Attorney for Plaintiff Date: August 28, 2008 {00276117) V % -% MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison, and Norman E. Hutchison, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-2325 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.RC.P.3129 Your house (real estate) at 644 Baltimore Pike, Gardners, PA 17324, is scheduled to be sold at sheriff s sale on March 4, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $83,053.07 obtained by Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4. 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 Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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. {00276117} --1. 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 following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 on a date specified by the Sheriff not later than thirty days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 55.08246 {00276117} L.. . 1110 ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT IN THE CENTER OF THE CARLISLE AND HANOVER TURNPIKE, LEADING FROM CARLISLE TO HANOVER; THENCE BY THE CENTER OF THE SAID CARLISLE AND HANOVER TURNPIKE NORTH 7 DEGREES 50 MINUTES WEST, THE DISTANCE OF 180.5 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF THE ESTATE OF JANET I. FRITZ A/K/A JANET K. KEPNER, NORTH 84 DEGREES 45 MINUTES WEST, A DISTANCE OF 144.2 FEET TO A STAKE; THENCE BY THE SAME, SOUTH 3 DEGREES 15 MINUTES EAST, A DISTANCE OF 174.2 FEET TO A STONE; THENCE BY LANDS NOW OR FORMERLY OF HOMER HOOPER, SOUTH 83 DEGREES 15 MINUTES EAST, A DISTANCE OF 159.5 FEET TO A POINT IN THE CENTER OF THE SAID CARLISLE AND HANOVER TURNPIKE, THE PLACE OF BEGINNING. CONTAINING 0.61 ACRE. Being known as 644 Baltimore Pike, Gardners, PA 17324 Tax Parcel Number: 40-37-2540-004 {00276117} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2325 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 under POOLING AND SERVICING AGREEMENT AS OF 11/01/05 MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20054, Plaintiff (s) From CONSTANCE M. HUTCHISON and NORMAN E. HUTCHISON (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 $83,053.07 L.L.$ 0.50 Interest frin 7/11/08 to 3/04/09 at $13.65 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $188.00 Other Costs to be added Plaintiff Paid Date: 9/10/08 rothonota (Seal) By: REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Deputy Telephone: 856-482-1400 Supreme Court ID No. 80763 r 4. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison and Norman E. Hutchison , Defendants. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-2325 Civil Term AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 SS: COUNTY OF CUMBERLAND I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On November 19, 2008, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendants, Constance M. Hutchison and Norman E. Hutchison, by the Sheriff s Office of Cumberland County. Copies of the Sheriff's returns are attached hereto and made a part hereof as Exhibit "A". 2. On October 9, 2008, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". Dated: March 3, 2009 i` i Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 Milstead and Associates, LLC (00327971) A. 0 CO to M C f6 ? = t N co m O m'? m ??•? E 0 ioz 8- Rv I-?la-9 m m E j E N_ V/ .m. m 0 i G d V=7 So N ?j •p C G m to I a m g c o V L 9 c cot m ° ° c=io to Emr,S. moo'oZ` cm ?O ca 9x _ QLo mw a c C ..o2.12 1 -o OpLL 0. CunmmgN 0 EgoEEc??? QWXXC . m T o? Q L W v_ C E-0 en LL E c aco ?r ¢ _ m e xo m=g?owl m? p 4Qo 0! U. c? Nm w a mcc??W LQ Om 52 =Qc.mLL m '.O^_. E d U C xE N a L O mU ?•? C.R/A o W E 3 L c E vu. 5V ? r_ -0 r_ E is A m = c! c ® =3 6 V E m t.) ?- c mOm ?E? v °I-N,n r m t:0 a i d a 0 ' em Z00803C OOdIZ VYONA f7JVVJ ? Q a 900Z $0100 Z8988EZ000 O 4 W u m di Z0 . W _ 1313 0 1- :,) !3lilkf C: f!1 w ZU O m u U. cri d c O m n ? a m 5` r g LL Lu cat: E v coo U?SUU c 0Z Z X[30? n O 0 O O -s O c r~+ c O C) O N 41 0 > 44 ON O O Qy 1,01 W, q-- ;5 5 6- fl>gp U v O v? ?? y ??y*c???cddPdi 34 M O L" 3cn O O 0 p sr ' N O U O C 0 -a 0 co 44 c6 no C? HI- ? C,O ?rdera. 3 ?O00 C'4 %°o o u G ULo -A m o y m ?E E .9 ZO CI -Z -C ..2!E Z a 8 LL m 16A to to d q$ o r c c? d I- a CO z ?'S cry. U 3 00 <r 0 0 O ? ? ? ? >.• w. - ` ?, ? ? ,. ? .° ? ? 4 ? ; ? ?? ?` '?; ?j ? 7? . 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-4 TR is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 10TH day of SEPT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2325, at the suit of MORG?.N STANLEY HOME EQUITY LOAN TRUST 2005-4 TR against CONSTANCE M HUTCHISON 8k NORMAN E is duly recorded as Instrument Number 200910110. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ? day of c i A.D. a? C1 of Deeds R4cc a Mz ds, G-Tb*rWW C". Cam, PA Cow4sion Eomsow Fk* Mna,yar.n.JW Deutsche Bank National Trust Company as In The Court of Common Pleas of Trustee under Pooling and Servicing Cumberland County, Pennsylvania Agreement as of November 1, 2005 Morgan Writ No. 2008-2325 Civil Term Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4 Vs Constance M. Hutchison and Norman E. Hutchison Noah Cline, Deputy Sheriff, who being duly sworn according to law states that on November 19, 2008 at 1310 hours, he served a true copy of the within Real state Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Constance M. Hutchison and Norman E. Hutchison, by making known unto Norman E. H tchison personally and husband of Constance M. Hutchison, at 2207 Walnut Bottom Road, Carlisle Cumberland County, Pennsylvania its contents and at the same time handing to him personally th said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according t law, states that on January 13, 2009 at 1841 hours, he posted a true copy of the within Real Es to Writ, Notice, Poster and Description, in the above entitled action, upon the property of Constanc M. Hutchison and Norman E. Hutchison located at 644 Baltimore Pike, Gardners, Cumberlandl County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, s ates he served the above Real Estate Writ, Notice, Poster and Description in the following in er: The Sheriff mailed a notice of the pendency of the action to the within named defendant , to wit: Constance M. Hutchison and Norman E. Hutchison, by regular mail to their last known ad ess of 2207 Walnut Bottom Road, Carlisle, PA 17013. These letters were mailed under the date f January 9, 2009 and never returned to the Sheriffs Office. 4 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 describ d premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylv 'a on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney M Harbert- Bell, on behalf of Deutsche Bank National Trust Company as Trustee under Pooling d Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Tru t 2005-4 Mortgage Pass-Through Certificates, Series 2005-4. It being the highest bid and best p 'ce received for the same, of Deutsche Bank National Trust Company as Trustee under Pooling d Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Tru t 2005-4, Mortgage Pass-Through Certificates, Series 2005-4, of, 4837 Watt Avenue, Suite 100, o. Highlands, CA 95660, being the buyer in this execution, paid to Sheriff R. Thomas Kline th sum of $ 1,009.38 Sheriffs Costs: Docketing $30.00 Poundage 19.79 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 11.70 Levy 15.00 Surcharge 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed So Answers: 355.00 367.37 15.52 25.00 49.50 $1,009.38 ? `//0410 y roea-??ie?? R. Thomas Kline, Sheriff BY Real Estate Coordinator WII-- CV LyO C? G P t. Y3 ?? e? ?''?? ;?x?? ??? .y MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison and Norman E. Hutchison, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON CUMBERLAND CO" No.: 08-2325 Civil Term AFFIDAVIT OF SERVIOE PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company as Trustee under Pooling nd Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan T st 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff in the above entitled caul of action, sets forth as of the date the praecipe for writ of execution was filed the following inform ion concerning the real property located at 644 Baltimore Pike, Gardners, PA 17324: 1. Name and address of Owners(s) or Reputed Owner(s): Constance M. Hutchison 2207 Walnut Bottom Road Carlisle, PA 17015 Norman E. Hutchison 2207 Walnut Bottom Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: i None Known 4. Name and Address of the last recorded holder of every mortgage of rec rd: i {00276117} Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass- Through Certificates, Series 2005-4 (Plaintiff herein) 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660 MERS, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank 401 Plymouth Road, Ste. 400 Plymouth Meeting, PA 19462 . MERS, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank 3300 SW 34"' Avenue, Ste. 101 Ocala, FL 34474 5. Name and address of every other person who has any record lien on the ?roperty: None Known 6. Name and address of every other person who has any record interest in t?e property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge ? ho has any interest in the property which may be affected by the sale: Tenant/Occupant 644 Baltimore Pike Gardners, PA 17324 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to he 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. Section 4904 relating to unsworn falsification to authorities. Esquire Attorney for Date: August 28, 2008 {00276117} 04 4L MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4, Plaintiff, Vs. Constance M. Hutchison, and Norman E. Hutchison, Defendants. TAKE NOTICE: COURT OF COMMON CUMBERLAND COUP No.: 08-2325 Civil Term NOTICE OF SHERRIF' SALE OF REAL PROPERTY P UANT TO PA.R.C.P.3129 Your house (real estate) at 644 Baltimore Pike, Gardners, PA 17324 is scheduled to be sold at sheriff's sale on March 4, 2009 at 10:00 am in the Commissioner's Haring Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $83,053.07 obtained by Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005 Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates L IC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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. i {00276117) 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 change you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU !HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the ful? amount due on the Sale. To find out if this has happened you may call Milstead and Associates'at 856-482-1400. 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 a right to remain in the property until the full amount doe is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer m4y 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 on a date specified by the Sheriff not later than thirty days after the sale. This schedul? will state who will be receiving that money. The money will be paid out in accordance with thi schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with tl?e Sheriff within ten (10) days after. 7. You may also have other rights and defenses; or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHOINE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 55.08246 {00276117) ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED! AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT IN THE CENTER OF THE CARLISLE AND I} ANOVER TURNPIKE, LEADING FROM CARLISLE TO HANOVER; THENCE BY, THE CENTER OF THE SAID CARLISLE AND HANOVER TURNPIKE NOR H 7 DEGREES 50 MINUTES WEST, THE DISTANCE OF 180.5 FEET TO A OINT; THENCE BY LAND NOW OR FORMERLY OF THE ESTATE OF JANE I. FRITZ A/K/A JANET K. KEPNER, NORTH 84 DEGREES 45 MINUTES WEST, A DISTANCE OF 144.2 FEET TO A STAKE; THENCE BY THE SAME, SOUTH 3 DEGREES 15 MINUTES EAST, A DISTANCE OF 174.2 FEET TO A STONE; THENCE BY LANDS NOW OR FORMERLY OF HOMER HOOPER, SO TH 83 DEGREES 15 MINUTES EAST, A DISTANCE OF 159.5 FEET TO A POINT IN THE CENTER OF THE SAID CARLISLE AND HANOVER TURNPIKE, THE PLACE OF BEGINNING. CONTAINING 0.61 ACRE. Being known as 644 Baltimore. Pike, Gardners, PA 17324 Tax Parcel Number: 40-37-2540-004 {00276117} WRIT OF EXECUTION and/orrATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-2325 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 under POOLING AND SERVICING AGREEMENT AS OF 11/01/05 M*AN STANLEY HOME EQUITY LOAN TRUST 20054 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-4, Plaintiff (s) From CONSTANCE M. HUTCHISON and NORMAN E. HUTCHISON (1) You are directed to levy upon the property of the defendant (s)and to sell SFE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in a possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee() is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any prop rty of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found ' the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she as been added as a garnishee and is enjoined as above stated. Amount Due $83,053.07 L.L.$ 0.50 Interest frin 7/11/08 to 3/04/09 at $13.65 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $188.00 Plaintiff Paid Other Costs to be added Date: 9/10/08 Prothonotary (Seal) By: _'0 Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856482-1400 Supreme Court ID No. 80763 Real Estate Sale #46 On November 17, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 644 Baltimore Pike, Gardners more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 17, 2008 By: 1 Estate er eant Rea g 0?13D?? Th.;a P: triot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 46 Writ No. 2006-2325 CMI Tenn Deut whe-aank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, idW, Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage, Pass-Through Certificates, Series 20054 VS Constance M. Hutchison and Norman E. Hutchison Attorney Mary Harbert-13ell LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT. BEGINNING AT A POINT IN THE CENTER OF THE CARLISLE AND HANOVER TURNPIICE, LEADING FROM CARLISLE TO HANOVER; THENCE BY THE CENTER OF THE SAID CARLISLE AND HANOVER TURNPIKE NORTH 7 DEGREES 50 MINUTES WEST, THE DISTANCE OF 180.5 FEET TO A POINT, THENCE BY LAND NOW OR FORMERLY OF THE ESTATE OF TANET L FRITZ AMA LAM K. KWER, NORM 9 DFGI0T?; 45 MLNVIPS DISTANCE OF 144.2 A SOUTH 3 E BY THE SEA?ST p DIgfANCE DEGREES 15 WO EAST, THENCE BY OF H LANDS NOW OR FORMFRL 01? 15 HOPPER, SOUTH 83 O DEGREES 1595 FEN?s EAST, I DISTANCE HE CENTER OF THE I TO A POINT IN THE HANOVER SAID CARLISLE - AND BEGINNING. PLPLC 'LL3RNP? CONTAIN1NG0.6ACRE- ore 1'i1?e, Goners, Being known as 644 PA1732437_Syo-004 Tax >'e1 Numb This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 02/04/09 . ?... Sworn to an cribe?before me this 25'day of February, 2009 A.D. Notary Public :OMMOiVV11EA1_:T";.r OF Pr7NNSYLVANIA Shame L. Kirir?_-, NcAary Public CN^y ?Of ?Hermborg, 9aa phis County My ? 1 ias nn c; npirsr your. 26.2011 Nota Member, Penny/- . 9 r < %Odatlon of rlea PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.17 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal State aforesaid, being duly sworn, according to law, deposes and says that tr Journal, a legal periodical published in the Borough of Carlisle in the Count was established January 2, 1952, and designated by the local courts as the of periodical for the publication of all legal notices, and has, since January 2, 1 issued weekly in the said County, and that the printed notice or publication exactly the same as was printed in the regular editions and issues of the said Journal on the following dates, of the County and e Cumberland Law and State aforesaid, ficial legal )52, been regularly ttached hereto is Cumberland Law 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement Law Journal, a legal periodical of general circulation, and that he is not it matter of the aforesaid notice or advertisement, and that all allegations in statements as to time, place and character of publication are true. Marie SWORN TO AND S 13 day of Fe Notary the Cumberland in the subject foregoing before me this DEBORAC LINS NOTA?Ires L SEAL Nolo Public CARLISLE BORO, C BERLAND COUNTY My Commission Apr 28, 2010 VAAL TS 46M NO. 46 Writ No. 2008-2325 Civil Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement as of November 1, 2005, Morgan Stanley Home Equity Loan Trust 2005-4 Mortgage Pass-Through Certificates, Series 2005-4 vs. Constance M. Hutchison and Norman E. Hutchison Atty.: Mary Harbert-Bell ALL THAT CERTAIN tract of land *u ft in Siouth M"ston Tvmahip, Quabartand County, PesuvjWunia, bounded and described as follows to wit: BEGINNING at a point in the center of the Carlisle and Hanover Turnpike, leading from Carlisle to Hanover; Thence by the center of the said Carlisle and Hanover Turnpike North 7 degrees 50 minutes West, the distance of 180.5 feet to a point; Thence by land now or formerly of the estate of Janet I. Fritz a/k/a Janet K. Kepner, North 84 degrees 45 minutes West, a distance of 144.2 feet to a stake;, Thence by the same, South 3 degrees 15 minutes East, a distance of 174.2 feet to a stone; Thence by lands now or formerly of Homer Hooper, South 83 degrees 15 minutes East, a distance of 159.5 feet to a point in the center of the said Carlisle and Hanover Turnpike, the place of BEGINNING. CONTAINING 0.61 ACRE. Being known as 644 Baltimore Pike, Gardners, PA 17324. Tax Parcel Number: 40-37-2540- 004.