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HomeMy WebLinkAbout08-2403 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 172584 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 CIVIL DIVISION 3476 STATEVIEW BLVD FORT MILL, SC 29715 TERM Plaintiff NO. D$ - a 4 1)3 C i V i (? V. CUMBERLAND COUNTY SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 172584 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 #: 172584 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 #: 172584 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 #: 172584 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/28/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1933, Page 620. The 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 11/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 172584 6 .The following amounts are due on the mortgage: Principal Balance $87,673.10 Interest $4,612.70 10/01/2007 through 04/10/2008 (Per Diem $23.90) Attorney's Fees $1,250.00 Cumulative Late Charges $68.04 11/28/2005 to 04/10/2008 Cost of Suit and Title Search 550.00 Subtotal $94,153.84 Escrow Credit $0.00 Deficit $124.11 Subtotal 124.11 TOTAL $94,277.95 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 172584 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,277.95, together with interest from 04/10/2008 at the rate of $23.90 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 B y: (1 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 172584 LEGAL DESCRIPTION ALL that certain messuage and tract of land situated in (the Township of Upper Frankford the percent tract previously listed in Lower Frankford Township), County of Cumberland and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the public road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLear, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point; thence by lands formerly of Francis McLear, North 32 1/2 degrees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 73 1/4 degrees East, 40 perches to a stone; thence by lands now or formerly of Daner, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 40 1/4 East 67.8 perches to a stone; thence by lands now or formerly of JJ Erford, South 5 1/2 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. File #: 172584 ,Conveyed by Roy W. Chronister and Agnes E. Chronister, his wife, to N. Nell Shughart and Joanne A. Shughart, his wife, recorded in DBV D-19, Page 185. Conveyed by W. Roy Chronister and Agnes E Chronister, his wife, to Clarence Richard Hurley and Shirley Jane Hurley, his wife DBV H-19, Page 508. Conveyed to Roy W. Chronister and Agnes E, Chronister, his wife, to Victor Hockenberry and Margaret M. Hockenberry his wife, DBV Y-20, Page 572 Conveyed to Roy W. Chronister and Agnes E. Chronister, his wife, to Betty Mae Etter, single woman DBV Z-20, Page 332 Conveyed to Roy W. Chronister and Agnes E. Chronister, his wife, to Ray M. Snyder and Doris J. Snyder, his wife, DBV L-26, Page 450 Conveyed by Roy W. Chronister and Agnes E. Chronister, his wife, to J. Clair Chronister and Sondra L. Chronister, his wife, DBV I-25, Page 121. PREMISES BEING: 339 BOBCAT ROAD Parcel No.: 43-04-0385-046 Current/Prior Deed Reference: Deed from Robert A. Chronister and J. Clair Chronister, co- executors of the Estate of Roy W. Chronister to Ronald L. Hoover and Barbara C. Hoover, husband and wife dated 12/10/1999 recorded on 3/6/2000 at DBV 217, Page 191. File #: 172584 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. L.?AA'g' I Attorney for Plaintiff & a DATE: I- to -O M n '64 it C r`' _,. _ (? yr ?y r ?'_7 CAD ^TI 00 ? i 4L SHERIFF'S RETURN - REGULAR CASE NO: 2008-02403 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL ASSOC VS MARTIN SEAN E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARTIN AMY the DEFENDANT at 1450:00 HOURS, on the 25th day of April 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to AMY MARTIN 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 4136 ?GP 16. .00 00 04/25/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. 3 f CASE NO: 2008-02403 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL ASSOC VS MARTIN SEAN E ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARTIN SEAN E the DEFENDANT at 1155:00 HOURS, on the 24th day of April 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SEAN MARTIN 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 RETURN - REGULAR f Sheriff's Costs: Docketing Service Affidavit Surcharge 4/16J6 f (;k-. 18.00 .00 .00 10.00 .00 28.00 So Answers: Sworn and Subscibed to before me this day of R. Thomas Kline 04/25/2008 PHELAN HALLINAN SCHMIEG By: < Deputy Sheriff A.D. Ae „+. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 VS. SEAN E. MARTIN AMY MARTIN Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2403-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorne for Plaintiff By: Francis S. Hallinan, E quire Date: -44- PHS #: 172584 .4 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 VS. SEAN E. MARTIN AMY MARTIN Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2403-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue 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: SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 Date: 2 Phelan Hallinan, & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, E uire .l ' VERIFICATION China Brown hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 04/16/08 Name: China Brown TitleVice President of Loan Documentation Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Loan: 1127044099 File #: 172584 2 R7 4 R, rw 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 STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. SEAN E. MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 NO. 08-2403-CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SEAN E. MARTIN and AMY MARTIN, Defendant(s) for failure to file an Answer to 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 $94,277.95 Interest from 04/11/2008 to 06/11/2008 $1,481.80 TOTAL $95,759.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. f 1?? ?, ad-"h DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 14 DATE: PRO PROTHY 172584 PHELAN 1 ALLINAN & SCHMIEG, LLP ,By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 215 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 08-2403-CIVIL TERM SEAN E. MARTIN AMY MARTIN Defendants TO: SEAN E. MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 DATE OF NOTICE: MAY 20, 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 HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 08-2403-CIVIL TERM SEAN E. MARTIN AMY MARTIN Defendants TO: AMY MARTIN 339 BOBCAT ROADy r NEWVILLEPA17241 DATE OF NOTICE: MAY 20, 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 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 LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2403-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 SEAN E. MARTIN is over 18 years of age and resides at 339 BOBCAT ROAD, NEWVILLE, PA 17241. (c) that defendant AMY MARTIN is over 18 years of age, and resides at 339 BOBCAT ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C" )J • S DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff -El- -? ? ? '_' t..? r --?i -yG .? 4 ? ! (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 STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. SEAN E. MARTIN AMY MARTIN NO. 08-2403-CIVIL TERM Defendant(s). 00" S DANIEL G. SCHMIEG, ESQU 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." Notice is given that a Judgment in the above-captioned matter has been entered against you on cJnm 101 2008. By: =S"7 If you have any questions concerning this matter, please contact: CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/12/2008-03/04/2009 (per diem -$15.74) No. 08-2403-CIVIL TERM $95,759.75 $4,186.84 and Costs TOTAL $99,946.59 DANIEL G. SC IEG, 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of arepresentative 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. 17258'4 d w CA e4 aoz H Z? ? 6?N O 4wr?n 00 ?O V ? O ?v W AQ M S J C) CL ° V cv a f 0 U r• W ? Ov t.., o t W a? V a y ? ? 1 1 Q 14 i V4 ? N r r p., a as zx as ?v p4k l?1 M M d V LI *or `i!r N w rn ?-e I w N r J? .a h J 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 LOAN TRUST 2006-NC2 Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2403-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHM , ESQUIRE Attorney for Plaintiff F -? 1 ' a a '? _ ? nVt ? t.t3 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. O&2403-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2, 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 339 BOBCAT ROAD. NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SEAN E. MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 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) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 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 339 BOBCAT ROAD NEWVILLE, PA 17241 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.A. §4904 relating to unworn falsification to authorities. October 2. 2008 DATE DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff C? C Ole DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). October 2, 2008 TO: SEAN E. MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 08-2403-CIVIL TERM AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY.'# Your house (real estate) at, 339 BOBCAT ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 9? 5,759.75 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 (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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE LEGAL DESCRIPTION ALL that certain messuage and tract of land situated in (the Township of Upper Frankford the percent tract previously listed in Lower Frankford Township), County of Cumberland and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the public road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLear, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point; thence by lands formerly of Francis McLear, North 321/2 degrees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 73 1/4 degrees East, 40 perches to a stone; thence by lands now or formerly of Daner, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 401/4 East 67.8 perches to a stone; thence by lands now or formerly of JJ Erford, South 51/2 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. TITLE TO SAID PREMISES IS VESTED IN Sean E. Martin and Amy Martin, h/w, by Deed from Ronald L. Hoover and Barbara C. Hoover, h/w, dated 11/28/2005, recorded 12/05/2005, in Deed Book 272, page 989. PREMISES BEING: 339 BOBCAT ROAD, NEWVILLE, PA 17241 PARCEL NO. 43-04-0385-046 LEGAL DESCRIPTION ALL that certain messuage and tract of land situated in (the Township of Upper Frankford the percent tract previously listed in Lower Frankford Township), County of Cumberland and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the public road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLear, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point; thence by lands formerly of Francis McLear, North 32 1/2 degrees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 73 114 degrees East, 40 perches to a stone; thence by lands now or formerly of Daner, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 401/4 East 67.8 perches to a stone; thence by lands now or formerly of JJ Erford, South 51/2 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. TITLE TO SAID PREMISES IS VESTED IN Sean E. Martin and Amy Martin, h/w, by Deed from Ronald L. Hoover and Barbara C. Hoover, h/w, dated 11/28/2005, recorded 12/05/2005, in Deed Book 272, page 989. PREMISES BEING: 339 BOBCAT ROAD, NEWVILLE, PA 17241 PARCEL NO. 43-04-0385-046 rz ? r ? - . ..?,??', n ? ?--? c?,--- 1 ) U""° ? <_ l ?f' ?„ •; ? .?? ' C",.. '- c? .,? ? +,.t? .- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2403 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 LOAN TRUST 2006-NC2, Plaintiff (s) From SEAN E. MARTIN AND AMY MARTIN (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 $95,759.75 L.L. $.50 Interest FROM 6/12/08 - 3/4/09 (PER DIEM - $15.74) -- $4,186.84 AND COSTS Atty's Comm % Atty Paid $163.00 Plaintiff Paid Date: OCTOBER 6, 2008 Due Prothy $2.00 Other Costs 4;/O!kel?64 s R. Long, kxetWo-tary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 By: Deputy PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff Court of Common Pleas Civil Division V. SEAN E. MARTIN AMY MARTIN Defendants CUMBERLAND County No. 08-2403-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 15, 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 12, 2008 in the amount of $95,759.75. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 4, 2009 Per Diem $20.35 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL 6 $87,385.67 $8,017.37 $68.04 $1,675.00 $1,611.50 $0.00 $75.00 $410.00 $0.00 $20.00 ($544.94) $3,221.71 $101,939.35 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. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 7, 2009 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. DATE: //74 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff Court of Common Pleas Civil Division V. SEAN E. MARTIN AMY MARTIN Defendants CUMBERLAND County No. 08-2403-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE SEAN E. MARTIN and AMY MARTIN 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 339 BOBCAT ROAD, NEWVILLE, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co ofN.Y. v 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 Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citico 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: i 7 /,01 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 172584 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. SEAN E. MARTIN AMY MARTIN i 339 BOBCAT ROAD NEWVILLE, PA 17241 o ° O 'n -0 c o w !`t•r fie. Z7 --i T 71 n7 ? !O 6m 1 o ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D8 - 2g05 bvi l TerM. CUMBERLAND COUNTY [,y, Defendants r?th htoabk CIVIL ACTION - LAW of; . 190. b@MPLAINT IN MORTGAGE FORECLOSURE 0^1 07 eLl File #: 172584 ??~d PLC ,;;f L. 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 #: 172584 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 #; 172584 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 #: 172584 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476. STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/28/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1933, Page 620. The 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 11/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 172594 6. The following amounts are due on the mortgage: Principal Balance $87,673.10 Interest $4,612.70 10/01/2007 through 04/10/2008 (Per Diem $23.90) Attorney's Fees $1,250.00 Cumulative Late Charges $68.04 11/28/2005 to 04/10/2008 Cost of Suit and Title Search $550.00 Subtotal $94,153.84 Escrow Credit $0.00 Deficit $124.11 Subtotal 124.11 . TOTAL $94,277.95 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 personar judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File M 172584 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $94,277.95, together with interest from 04/10/2008 at the rate of $23.90 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: yuww- (0 0? tog 44? -r LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 172594 LEGAL DESCRIPTION ALL that certain messuage and tract of land situated in (the Township of Upper Frankford the percent tract previously listed in Lower Frankford Township), County of Cumberland and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the public road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLear, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point; thence by lands formerly of Francis McLear, North 32 1/2 degrees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 73 1/4 degrees East, 40 perches to a stone; thence by lands now or formerly of Daner, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 40 1/4 East 67.8 perches to a stone; thence by lands now or formerly of JJ Erford, South 5 1/2 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. File M 172584 Conveyed by Roy W. Chronister and Agnes E. Chronister, his wife, to N. Nell Shughart and Joanne A. Shughart, his wife, recorded in DBV D-19, Page 185. Conveyed by W. Roy Chronister and Agnes E Chronister, his wife, to Clarence Richard Hurley and Shirley Jane Hurley, his wife DBV H-19, Page 508. Conveyed to Roy W. Chronister and Agnes E, Chronister, his wife, to Victor Hockenberry and Margaret M. Hockenberry his wife, DBV Y-20, Page 572 Conveyed to Roy W. Chronister and Agnes E. Chronister, his wife, to Betty Mae Etter, single woman DBV Z-20, Page 332 Conveyed to Roy W. Chronister and Agnes E. Chronister, his wife, to Ray M. Snyder and Doris J. Snyder, his wife, DBV L-26, Page 450 Conveyed by Roy W. Chronister and Agnes E. Chronister, his wife, to J. Clair Chronister and Sondra L. Chronister, his wife, DBV I-25, Page 121. PREMISES BEING: 339 BOBCAT ROAD Parcel No.: 43-04=0385-046 Current/Prior Deed Reference: Deed from Robert A. Chronister and J. Clair Chronister, co- executors of the Estate of Roy W. Chronister to Ronald L. Hoover and Barbara C. Hoover, husband and wife dated 12/10/1999 recorded on 3/6/2000 at DBV 217, Page 191. File #: 172584 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.RC.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 unworn falsifications to authorities. Attorney for Plaintiff Gvato Q.? DATE: y D -O _ Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, t r C °-' 7 .. ,%. ? . W" CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2403-CIVIL TERM V. C SEAN E. MARTIN 339 BOBCAT ROAD m t?, q C;z NEWVILLE, PA 17241 fr' AMY MARTIN e!?`' 339 BOBCAT ROAD k+ NEWVILLE, PA 17241 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 SEAN E. MARTIN and AMY MARTIN, 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 $94,277.95 Interest from 04/11/2008 to 06/11/2008 $1,481.80 TOTAL $95,759.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. . ATTORNEY FILE COPY 41. PLEASE RETURN DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1,1JAID PR PROTHY 172584 Exhibit "C" c o e .? E ° ? v ? ? ? E u E 4 `? K U ? E ? W c Z 0 6 3U0O dIZ WOa-A 0311b'W - o 0 0 . ?---fi00Z LO Nbf 0 wa 4zoooo . g ' n M zo s3nnoa ?Ntm os C As$ ip o g L O C'd N ° 1 g, i?J sod d ? t v E / Bw'E ? C O O h ? O N Oq ? O ? N .? U ~ VJ N O ? O W d v ? ? o CL v ? ? a.o g E ? w o S = v d A E r, b=o?? L F ci (p o ? d V Ca 5 .r ? O LLI cL ' M = O a ? C7 Gi CK Q °' ?' T O ~ >1 ° w it U ¢ to y b a zoo `a C 0. ? Q a ¢ d EC ? J C L + 0 z C? f? 0 z E0 O a x Z ? Z.u ° a ., a . 00 z N N r Y?y v W h b i. a ° m Epp V2 ,? Zy z Q O '" cv cn v, ?o t- 00 0 ° ° s 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 unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: f 12111, By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 08-2403-CIVIL TERM SEAN E. MARTIN AMY MARTIN Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 Phelan Hallinan & Schmieg, LLP DATE: ! °S By: Michele M. Bradford, Esquire Attorney for Plaintiff t f" - r = ? r L _ ?'? ?' ` ' -r c? °? ; ? ?:ac??l ? ?` ? -r t ?--. T) JAN 14 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff CUMBERLAND County V. SEAN E. MARTIN AMY MARTIN Court of Common Pleas Civil Division No. 08-2403-CIVIL TERM Defendants RULE AND NOW, this 10 14 day of Z2)1) 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. -tin, Z. a dry s &-F lLc k,4, J A, Rule Retuable ?-?z 1?- c resp?-?sc1.?, t'. P at??? 0 ?` v Oq j BY THE COURT J. e 3 r_ ? t l 63:9 1,17 Ny ?QOZ ?t lt?i "ry [J: L: ` = Fa ?tG 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.bradfordgfedphe.com SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 172584 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 LOAN TRUST 2006-NC2 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. SEAN E. MARTIN AMY MARTIN Defendants No. 08-2403-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 09, 2009 was sent to the following individual on the date indicated below. SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 DATE: zZ l By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff r-?, rra Ti 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 LOAN TRUST 2006-NC2 Plaintiff V. SEAN E. MARTIN AMY MARTIN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2403-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 13, 2009. 3. A Rule was entered by the Court on or about January 20, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 27, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 9, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. / Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff V. SEAN E. MARTIN AMY MARTIN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2403-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 13, 2009. A Rule was entered by the Court on or about January 20, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 27, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 9, 2009. WHEREFORE, Plaintiff requests that this Honorable Court' make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Z Z (° S Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff V. SEAN E. MARTIN AMY MARTIN Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-2403-CIVIL TERM RULE AND NOW, this- day o 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Rule Ret 1lnlS o O'F +ile " o F -61 s' QrdeR.3er6ce in Hie ?. res BY 3 THE C RT 151 J J. Damages.--,, 1 ICJ 1 11 h 9.0 Q QJ4S Exhibit '6B" P?EpSti RE ? ?-. ES - rv «, 3n% PHELAN HALLINAN & SCHMIEG, LLP f by: Michele M. Bradford, Esquire ATTORNEY FOR PLAWJFF.; Atty. I.D. No. 69849 c." One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST ATTO RN EY r Rmmon Pleas COMPANY, AS TRUSTEE FOR MORGAN PLEASE RET `qN STANLEY LOAN TRUST 2006-NC2 Civil Division Plaintiff CUMBERLAND County v. SEAN E. MARTIN AMY MARTIN No. 08-2403-CIVIL TERM 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 February 09, 2009 was sent to the following indiviaual'omtrhe date indicated below., SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 Phelan Hallinan & Schmieg, LLP DATE: 112--71,11 By: Michele M. Bradford, Esquire Attorney for Plaintiff 0 _r, M d rl' -c VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 2 . z s By: Michele M. Bradford, Esquire 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 LOAN TRUST 2006-NC2 Plaintiff V. SEAN E. MARTIN AMY MARTIN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2403-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. SEAN E. MARTIN AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 Phelan Hallinan & Schmieg, LLP DATE: 2 ?z X, BY: Michele M. Bradford, Esquire Attorney for Plaintiff ry i-rl e f i DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 VS. SEAN E. MARTIN AMY MARTIN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-2403-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006- NC2 hereby verify that true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 2, 2009 DANIEL G. SCHMIEG, Attorney for Plaintiff - u a a w O O V 48 ?3 CA ? 7?QC! '0C a??Q U w •? a??a ? L Q C ? 'b C z3< o O u ? U [z ? °' ? A GOO G . c '^ E C Vi ? O Q U U L U (ry a E c o s E m W .o '- ? u O O 9 RA ?' i U L T W v N C O E 0 L s 3000 drz VYOad (j3livw 8002 O L 100 0 L0s 1Zb000 14 . rr 08 1 " 40 $ Y q[ Z O 1 5 _ e SINS08 h)Nlld ® 81 E h x ? w r O O U .? V ?-• V V U O 7 ? 4-. O' ? O ? G C G LL m mg c C> M ? A . i O .- bo . .Q U) u > O $ v o owe =? 0-4 M e.a C H O, C p > O O U ar $ ?, E v ? o u? O ?,o w 4) tn kcl a ?a 3 Wa m v ba h ?? N o ? C11 F s .? 4-i ..? p ? • ? 0 O c? 0 '-: G4 0 U a c a E 00 ? + W j A y w N a w o w , 3o U cn, a ? o O e s D M ? ` v p. 'S C,4 N N ?Oo? HO a ? "" p? N a a a, ,?C7 ? U a o¢W ? 3v Na >a^ oO00 a U) 1? o0 U W m ? q ?W ? ~ O >C F M 0 o 0 - ai a Z w °n 0 ow g y ? 0 a? x z pp ? O a ?1 M u P4 , , a C o U A UA *1z ( 1 `m z u5 ? v V Ey 0 ? 00 9p V za 5 -- N M ct' b 00 O? C ^" N M d' ?!1 a F co c. ? 3 ? ? 4 y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Civil Division Plaintiff V. SEAN E. MARTIN AMY MARTIN Defendants CUMBERLAND County FCB 17 20,16 1 No. 08-2403-CIVIL TERM ORDER AND NOW, this Q f y day of ? P ? . , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tuns as follows: Principal Balance $87,385.67 Interest Through March 4, 2009 $8,017.37 Per Diem $20.35 Late Charges $68.04 Legal fees $1,675.00 Cost of Suit and Title $1,611.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $75.00 Appraisal/Brokers Price Opinion $410.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $20.00 ($544.94) $3,221.71 $101,939.35 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 172584 7 .cc 4' 1 833 6OQ1 Deutsche Bank-NatioYial Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2 VS Sean E. Martin and Amy Martin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-2403 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2008 at 1225 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: Sean E. Martin, by making known unto Sean E. Martin personally at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sergeant Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on November 20, 2008 at 1010 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: Amy Martin, by making known unto Amy Martin personally at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 2027 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 Sean E. Martin and Amy Martin, located at 339 Bobcat Road, Newville, 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 defendants, to wit: Sean E. Martin and Amy Martin, by regular mail to their last known address of 339 Bobcat Road, Newville, PA 17241. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing 30.00 Poundage 18.77 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 16.20 Levy 15.00 Surcharge 30.00 Postpone sale Law Journal Patriot News Share of bills So Answ s: R. Thomas Kline, Sheriff BY ti- Real state Coordinator 40.00 359.00 400.13 15.52 957.12 .- ? f 17l 41 1 ci? x') C& G ef y30 &2.2 igyl DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN ` STMLEY LOAN TRUST 2006-NC2 Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2403-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2, 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 J39 BOBCAT ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SEAN E. MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 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) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 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 339 BOBCAT ROAD NEWVILLE, PA 17241 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.A. §4904 relating to unworn falsification to authorities. October 2, 2008 e-- DATE DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. SEAN E. MARTIN AMY MARTIN Defendant(s). TO: SEAN E. MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 08-2403-CIVIL TERM October 2, 2008 AMY MARTIN 339 BOBCAT ROAD NEWVILLE, PA 17241 **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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 339 BOBCAT ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 4. 2009 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,759.75 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE LEGAL DESCRIPTION ALL that certain messuage and tract of land situated in (the Township of Upper Frankford the percent tract previously listed in Lower Frankford Township), County of Cumberland and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the public road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLear, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point; thence by lands formerly of Francis McLear, North 321/2 degrees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 731/4 degrees East, 40 perches to a stone; thence by lands now or formerly of Daner, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 401/4 East 67.8 perches to a stone; thence by lands now or formerly of JJ Erford, South 51/2 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. TITLE TO SAID PREMISES IS VESTED IN Sean E. Martin and Amy Martin, h/w, by Deed from Ronald L. Hoover and Barbara C. Hoover, h/w, dated 11/28/2005, recorded 12/05/2005, in Deed Book 272, page 989. PREMISES BEING: 339 BOBCAT ROAD, NEWVILLE, PA 17241 PARCEL NO. 43-04-0385-046 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH,OF PENNSYLVANIA) NO 08-2403 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 LOAN TRUST 2006-NC2, Plaintiff (s) From SEAN E. MARTIN AND AMY MARTIN (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 $95,759.75 L.L. $.50 Interest FROM 6/12/08 - 3/4/09 (PER DIEM - $15,74) - $4,186.84 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $163.00 Other Costs Plaintiff Paid Date: OCTOBER 6, 2008 C . Long, Prglhen (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #7 On October 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 339 Bobcat Road, Newville more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: 'October 29, 2008 By: lJmblsY, Real Estate Sergeant bZ:IIV L-130 V,d i JAW NS 3N ,?O`333AJ;O? 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: January 30, February 6, and February 13, 2009 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. SWOITN TO AND SUBSCRIBED before me this 13 day of Febpg 13 200 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 YA" 391*M Mi.Z NO. 7 Writ No. 2008-2403 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2 VS. Sean E. Martin and Amy Martin Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain re age and trod Bland sOd is of LIPM Fraakiard the Percent vwlia* mood in Lower Ftaukfwd ToombW, County of Cumber and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the pub- lic road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLear, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point; thence by lands formerly of Francis McLean, North 32 1/2 de- grees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 73 1 /4 degrees East, 40 perches to a stone; thence by lands now or for- merly of Daner, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 401 /4 East 67.8 perches to a stone; thence by lands now or formerly of JJ Erford, South 5 1/2 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. TITLE TO SAID PREMISES IS VESTED IN Sean E. Martin and Amy Martin, h/w, by Deed from Ronald L. Hoover and Barbara C. Hoover, h/w, dated 11/28/2005, recorded 12/05/2005, in Deed Book 272, page 989. PREMISES BEING: 339 BOBCAT ROAD, NEWVILLE, PA 17241. PARCEL NO. 43-04-0385-046. The atriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot-N(ws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says'. and existing laws That he is the Assistant Controller of The Patriot Nd w of business at 812 to, Market Streetn?idnt hte City of of the Commonwealth of Pennsylvania, with its principal office ap ace Harrisburg, County Dauphin, State Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News published at 812 to 818 Market Street, in he City, County and State aforesaid-, that newspapers of general circulation, printed d and The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, an all have been continuously published ever since; securely attahe hereto is eactly as rinted date(s) indicated belowX That nepher he nod sa dlCompanyes regular That the printed notice or publication ewhich ared is daily and/or Sunday/ Metro editions which app interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, this statem to verify place and character of publication are true; and empowered ent That he has personal knowledge by the to as esolut on ournaniiimouusly passed and adopted severally by the behalf of The Patriot-News Co. aforesaid y stockholders and board of directors of the said o ook `IMl? Volumeu14tlPage 317 recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous PUBLICATION COPY REAL ESTATE SALE NO.7 Writ No. 2008-2403 Civil Term Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2 VS Sean E. Martin and Amy Martin Attorney Daniel Schmieg LEGAL DESCRIPTION ALL that certain messuage and tract of land situated in (the Township of Upppr Frankford the percent tract previously listed in Lower Frankford Township), County of Cumberland and State of Pennsylvania, Bounded and described as follows: BEGINNING at a stone in the public road leading to Carlisle; thence by lands now or formerly of JJ Erford, South 22 degrees West, 99.2 perches to a stone in a private road; thence by lands formerly of Frances McLean, North 72 degrees West, 27.6 perches to a stone; thence by lands now or formerly of Annie M. Beecher, North 34 degrees West, 153.8 perches to a point: thence by lands formerly of Francis McLear. North 32 1/2 degrees East, 67.5 perches to a point; thence by lands now or formerly of J. Beecher and Lizzie Stover, South 73 114 degrees East, 40 perches to a stone; thence by lands now or formerly of Dam, South 41 1/4 degrees East, 20 perches to a past; thence North 32 3/4 degrees Bust, 33.3 perches to a post; thence by lands now or formerly of PA Garber and Jennie Smith South 40114 East 67.8 perches to - a stone; thence by lands now or formerly of 11 Erford, South 5 112 degrees West, 46.1 perches to a stone in the public road, the place of BEGINNING. Excepting However from the above description of the following tracts of land previously conveyed. TITLE TO SAID PREMISES IS VESTED IN Sean E. Martin and Amy Martin, h/w, by Deed from Ronald L. Hoover and Barbara C. Hoover, h/w, dated 11/28/2005, recorded 122105/2005, in Deed Book 272, page 989. PREMISES BEING: 339 BOBCAT ROAD. NEWVII,LE, PA 17241 PARCEL NO. 43-040385-046 This ad ran on the date(s) shown below: 01121109 01128/09 02/04/09 Sworn to and dubs ed before me this 25 day of February, 2009 A.D. Notary Public zrf MGti:)Nu+'! k "_f s i f E_NNSYLAid1A Sheffie L Ki";,'er, Notary Public Cif wprrjgty+. }r:>. ")auPh1in CO sty Gpnm gtr,rF,cpac Nov. 26.2011 Merflber, Pennay!„R, s;? ; Ociatlon of NOW*$