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HomeMy WebLinkAbout08-2660PHELAN 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 176906 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. d$ - 02 Ubo 0,1vi ( Iem V. CUMBERLAND COUNTY KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176906 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 #: 176906 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 #: 176906 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 #: 176906 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 943. 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 #: 176906 6 The following amounts are due on the mortgage: Principal Balance $139,123.87 Interest $5,478.57 10/01/2007 through 04/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $360.08 04/13/2006 to 04/22/2008 Cost of Suit and Title Search $550.00 Subtotal $146,762.52 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $146,762.52 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 #: 176906 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 $146,762.52, together with interest from 04/22/2008 at the rate of $27.81 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• ??? 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 #: 176906 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44, block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block J, South 35 degrees East, 110 feet to an iron pin on the northern line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 degrees West, 60 feet to the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT nevertheless to,the exceptions, reservations, restrictions and conditions as contained in prior deeds of conveyance. PREMISES: 1394 LETCHWORTH ROAD PARCEL: 13-23-00545-027 File #: 176906 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. 9 Attorney for Plaintiff DATE: r6?CF- [7 z Cn 66 gp 00 D co" SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02660 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS VANDERAU KATIE E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VANDERAU KATIE E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT VANDERAU KATIE E NOT FOUND , as to 1394 LETHWORTH ROAD CAMP HILL, PA 17011 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answer 18.00 15.00 f 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 48.00 PHELAN HALLINAN SCHMIEG 05/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE.NO: 2008-02660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS VANDERAU KATIE E R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: VANDERAU KATIE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 20th , 2008 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: So answers.-- Docketing 6.00 -,-? Out of County 9.00 Surcharge 10.00 R.'Thomas Kline Dep Huntingdon Co 27.00 Sheriff of Cumberland County Postage .97 5 2 . 9 7 ? s?a Voy ?,.. 05/20/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank National Trust Company VS. Katie E. vanderau 08-2660 civil No. Now, April 25, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original _ and made known to Sworn and subscribed before me this day of , 20 So answers, Sheriff of COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA $ SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Deutsche Bank National Trust Company No. 2660 Term:2008 Vs. Katie E. Vanderau 1025 Mifflin Street Huntingdon, PA 16652 Now, this 5th day of May 2008 at 1545 A.M./P.M. I served the within Notice and Complaint in Mortgage Foreclosure upon Katie E. Vanderau at Huntingdon County Sheriffs Office, 241 Mifflin Street, Huntingdon, PA 16652 by handing to Katie E. Vanderau, personally one true and correct copy/copies of the within Notice and Complaint in Mortgage Foreclosure and made known to Katie E. Vanderau the contents thereof. Sworn and subscribed to before me this day of `' 20,X , A.D. NOTARIAL SEAL Tammy S. Foor, Notary Public Huntingdon Borough, Huntingdon County My commission expires October 21, 2010 So Answers, W' G. Walters, Sheriff 0-'L? X-e'-' Deputy Sherri L. Cressman Chief Deputy/Deputy Costs: Rec. & Doc. Service Mileage/Postage Surcharge Affidavit Miscellaneous Total Costs $9.00 $4.00 $5.00 $27.00 Paid PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 176906 '* COPY FROM REWRD ail Testimony when W, I tisfe unto sat my haW qnd IM mWd said at C?' IA, Pa. oog of -91- 0 774,S rfL4 t ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 CIVIL DIVISION 3476 STATEVIEW BLVD FORT MILL, SC 29715 TERM Plaintiff NO. 0$ - 01&(,gp Civil I enL.% V. CUMBERLAND COUNTY KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 and Ni" Defendant COI'Ce,, , egkllnl . CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176906 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 #: 176906 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 #: 176906 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 #: 176906 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 943. 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 #: 176906 6. The following amounts are due on the mortgage: Principal Balance $139,123.87 Interest $5,478.57 10/01/2007 through 04/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $360.08 04/13/2006 to 04/22/2008 Cost of Suit and Title Search 550.00 Subtotal $146,762.52 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $146,762.52 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 #: 176906 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 $146,762.52, together with interest from 04/22/2008 at the rate of $27.81 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 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 #: 176906 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44, block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block J, South 35 degrees East, 110 feet to an iron pin on the northern line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 degrees West, 60 feet to the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT nevertheless to, the exceptions, reservations, restrictions and conditions as contained in prior deeds of conveyance. PREMISES: 1394 LETCHWORTH ROAD PARCEL: 13-23-00545-027 File #: 176906 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 unworn falsifications to authorities. 9 Attorney for Plaintiff DATE: rz3le?F- ??,?s r?,? . -;.: ,? /L ff? ,? `?`?/?,: ?? . ? nz gad X041 ?Z ?- _ ?: ?` ,L ??,` 3;t? 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 ABS CAPITAL I INC. TRUST 2006-WMC2 Plaintiff VS. KATIE E. VANDERAU Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2660 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 Attorney for Plaintiff By: Date: 5/29/08 Francs S. Hallman, Esquire PHS #: 176906 VERIFICATION Kevin Marks 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 c ect to the best of his/her knowledge, information and belief. The undersigned understands that t ' statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification aytgrities. Name: Kevin Marks DATE: 04/23/08 Title: Vice President of Loan Documentation Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Loan:1127093843 File #: 176906 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 ABS CAPITAL I INC. TRUST 2006-WMC2 Plaintiff VS. KATIE E. VANDERAU Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-2660 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: KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 Phelan Hallinan & Schmieg, LLP Attorney fo Plaintiff By: G Franci S. Hallinan, Esquire Date: 5/29/08 c"':? ;? 7 r-° ?---5 ?:? -; ? ,; c_ ==j ?= eµ , t ..?.:. _...?"- _.i.m ? ? ; ?:. t "`,'7 -..,.. `, fl?3 r-? ?J . L.t-? 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 ABS CAPITAL I INC. TRUST 2006- WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2008-02660 Plaintiff, V. KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 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 KATIE E. VANDERAU, 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 $146,762.52 Interest from 04/23/2008 to 06/19/2008 $1,612.98 TOTAL $148,375.50 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. N-'? '? i " DA IEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. -'L,24"q ". DATE: JwJF- 41 awe PR ROTH 176906 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 ABS CAPITAL I INC. TRUST 2006- WMC2 3476 STATEVIEW BLVD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. KATIE E. VANDERAU Defendant(s). NO. 2008-02660 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 KATIE E. VANDERAU is over 18 years of age and resides at, 1394 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 : CIVIL DIVISION Plaintiff Vs. KATIE E. VANDERAU Defendants CUMBERLAND COUNTY NO. 2008-02660 TO: KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652 F DATE OF NOTICE: MAY 30.2008 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 Brittany Boyer, Leg sistant ' 'n I (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 ABS CAPITAL I INC. TRUST 2006- WMC2 3476 STATEVIEW BLVD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. KATIE E. VANDERAU Defendant(s). NO. 2008-02660 Notice is given that a Judgment in the above-captioned matter has been entered against you on Jt.tgE.- .2 L 2008. By: If you have any questions concerning this matter, please contact: L1o DANIEL G. A SMIEG, ES UIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ,. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff, v. KATIE E. VANDERAU No. 08-2660 CIVIL TERM Defendant(s). Amount Due Interest from 06/20/2008 - 12/10/2008 (per diem -$24.39) Add'1 Costs TOTAL $148,375.50 .-- $4,243.86 and Costs $152,619.36 S DANIEL G. SCHMIEG, ESQFI#E One Penn Center at Suburban ion 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 176906 Cv .-a GO N ?O -d a d w? acH H O G ?, ?-' N ?a Hw dU 4o HV U ? rn N ?A Qd? ?? wog ?U QUA s? • ?+ CA Az d w H to 8 O ¢ 4 F V w? C At F' o w a U a z O A U H x a o N w v i a 04 e a s cxr ' `- S DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff, v. KATIE E. VANDERAU Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2660 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, 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 ,1294 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652-1819 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) MERS as a nominee for P.O. Box 2026 WMC Mortgage Corporation Flint, MI 48501-2026 MERS -as a nominee for WMC Mortgage Corporation MERS as a nominee for WMC Mortgage Corporation P.O. Box 54089 Los Angeles, CA 90045-0089 3300 SW 34th Ave, Suite 101 Ocala, FL 34474 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 Troy A. Vanderau 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 reasonably ascertained, please indicate) 1471 Hillcrest Ct, Apt 704 Camp Hill, PA 17011-8026 1294 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 29, 2008 DATE DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff G r-? •'7 F 4 t e ? M Y . 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff, V. KATIE E. VANDERAU Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2660 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRR Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff, V. CUMBERLAND COUNTY No. 08-2660 CIVIL TERM KATIE E. VANDERAU Defendant(s). August 27, 2008 TO: KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652-1819 **TIIIS 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1294 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $148375.50 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215)563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44, block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block J, South 35 degrees East, 110 feet to an iron pin on the northern line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 degrees West, 60 feet to the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT nevertheless to the exceptions, reservations,- restrictions and conditions as contained in prior deeds of conveyance. BEING THE SAME PREMISES VESTED IN Katie E. Vanderau, a single woman, by Deed from Franklin R. Shaffer and Patricia A. Shaffer, his wife, dated 04/06/2006, recorded 04/18/2006, in Deed Book 0274, page 0289. PREMISES BEING: 1294 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519 PARCEL NO. 13-23-00545-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2660 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 ABS CAPITAL I INC TRUST 2006-WMC2 Plaintiff (s) From KATIE VANDERAU (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 $148,375.50 L.L.$0.50 Interest FROM 6/20/2008-12/10/2008 (PER DIEM $24.39) $4,243.86 Atty's Comm % Atty Paid $219.97 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 28, 2008 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ 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 S / 12, ?ff w4 Iti is R. Long, Prothonotary By: d.'_ 7Lt cl)? Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2660 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 ABS CAPITAL I INC TRUST 2006-WMC2 Plaintiff (s) From KATIE VANDERAU (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 $148,375.50 L.L.$0.50 Interest FROM 6/20/2008-12/10/2008 (PER DIEM $24.39) $4,243.86 Atty's Comm % Atty Paid $119.00 Plaintiff Paid Date: August 28, 2008 (Seal) Due Prothy $2.00 Other Costs C'tAs R. Long, Prothonotary By:'? Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ 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 s DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-2660 CIVIL TERM KATIE E. VANDERAU Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, 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 ,1394 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652-1819 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS as a nominee for P.O. Box 2026 WMC Mortgage Corporation Flint, MI 48501-2026 MERS as a nominee for WMC Mortgage Corporation MERS as a nominee for WMC Mortgage Corporation P.O. Box 54089 Los Angeles, CA 90045-0089 3300 SW 34th Ave, Suite 101 Ocala, FL 34474 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 Troy A. Vanderau 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 reasonably ascertained, please indicate) 1471 Hillcrest Ct, Apt 704 Camp Hill, PA 17011-8026 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsvf?rn falsification to tho 'ties. October 14, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ??? cy ? °? r. 5 ' + ??1 °4°? ??? .. '..? _. ... ??a. ?` rt + ?.,. . ?.? ? ! -? v„?4 ? 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. KATIE E. VANDERAU Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 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 24, 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 26, 2008 in the amount of $148,375.50. 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 December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $139,123.87 Interest Through December 10, 2008 $12,079.30 Per Diem $27.81 Late Charges $360.08 Legal fees $1,675.00 Cost of Suit and Title $1,419.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $105.00 Appraisal/Brokers Price Opinion $410.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5.391.84 TOTAL $160,564.09 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 30, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: v S D a mieg, LLP By: squir e e 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. KATIE E. VANDERAU Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KATIE E. VANDERAU 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. Plaintiff s Note was secured by a Mortgage on the Property located at 1394 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: l1 uo By: Mha. LLP , 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 176906 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 Defendant T r ?_' ?ls ',. U r7: O ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D8 - o2(Q(PO 01m l -sera, CUMBERLAND COUNTY opy AI CIVIL ACTION - LAW s>, A sfx? COMPLAINT IN MORTGAGE FORECL, -0190- ;£A - ell File #: 176906 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 k: 176906 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 Fite #: 176906 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 N: 176906 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KATIE E. VANDERAU 1394-LETCHWORTH ROAD CAMP HILL, PA 17011-7519 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 943. 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 #: 176906 6. The following amounts are due on the mortgage: Principal Balance $139,123.87 Interest $5,478.57 10/01/2007 through 04/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $360.08 04/13/2006 to 04/22/2008 Cost of Suit and Title Search $550.00 Subtotal $146,762.52 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $146,762.52 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 #: 176906 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 $146,762.52, together with interest from 04/22/2008 at the rate of $27.81 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 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 #: 176906 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44, block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block J, South 35 degrees East, 110 feet to an iron pin on the northern line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 degrees West, 60 feet to the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT nevertheless to,the exceptions, reservations, restrictions and conditions as contained in prior deeds of conveyance. PREMISES: 1394 LETCHWORTH ROAD PARCEL: 13-23-00545-027 File #: 176906 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 unworn falsifications to authorities. 3?9 Attorney for Plaintiff DATE: y2??? 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 CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006- COURT OF COMMON PLEAS WMC2 3476 STATEVIEW.BLVD CIVIL DIVISION FORT MILL, SC 29715 • NO. 2008-02660 Plaintiff, A OANEY F f COPY PLEA V. SE RETURN -,.,';-, r__ T KATIE E. VANDERAU G'.: 1394 LETCHWORTH ROAD '`- CAMP HILL, PA 17011-7519 ' - : Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO A ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KATIE E. VANDERAU, Defendant(s) for failure to file an Answer to ' W1 1$3?ithin 20 days from service thereof and for Foreclosure and Sale of the mortga VW4-00fis Plaintiffs damages as follows: As set forth in Complaint $146,762.52 Interest from 04/23/2008 to 06/19/2008 $1,612.98 TOTAL $148,375.50 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTORNEY f! E O Al J-1 LA PLEASE IEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DAT [It ;LC30a PR PROT 176906 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey October 30, 2008 KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 v. KATIE E. VANDERAU Premises Address: 1394 LETCHWORTH ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 08-2660 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Tuesday, November 4, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. %.f ` Msquire For Phelan Hallinan & Schmieg, LLP Enclosure J C) 0 v N a? a a W _o x? U ..a y U as a ? y G z<o v o a U N ` y £0 L6 L 3003dlz woad amim v E c e 0 L08 LZb000 ?O 8002 0£ l r C c VU ZO M I?0$ F°v V 4 rR O 53M08 A?N1W ®i® Z ? F' E rn W .o Sd3? dy5 N SOd s'?1 a ? o o as H ? cs. v? .. 2 v?E R w d ?L d .d E o ?rS r"y O ? N . ? t°i O 'Z C x 700 w Q > IS, w C7 ? O $ ? ? E ^ Vi ?Oo v ? ? v H? yea d w ? Q ? F1M O > O C uu N a O U ? N ? a E~ w ? w ?" Iz- a ?t Gq t4f ) N "o ti ? h Q Q Q U 4r '? W N W W a O ° ? o z .> i z u ., 1-4 9) a a a o? a ° a i za v a •? N M v v? ?o n oo c, ° N r, v n c .v F cC VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. mnlinan Schmieg, LLP DATE: {v By: Mic el . Bradfo , 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. KATIE E. VANDERAU Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 KATIE E. VANDERAU PO BOX 2643 SOLDOTNA, AK 99669 KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652 DATE: ?'[ Ph 1 chmieg, LLP _-n By: hele M. Bradfor , Esquire Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 PLAINTIFF V. KATIE E. VANDERAU, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2660 CIVIL ORDER OF COURT AND NOW, this 12`h day of November, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 3, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, -N\-?Ul - M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff tea( //-i?- D? Katie E. Vanderau Defendant - ,Q) ;&, 3 a d4 bas V 4' ?i4J?f ?1ii ?JJ f tis? l SALE DATE: DECEMBER 10, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR No.: 08-2660 CIVIL TERM MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 VS. KATIE E. VANDERAU AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1394 LETCHWORTH ROAD, CAMP HILL. PA 17011-7519. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: November 12, 2008 176906 cr% 'r" Fl ? ` DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-2660 CIVIL TERM KATIE E. VANDERAU Defendant(s). Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, 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, 1394 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652-1819 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) MERS as a nominee for WMC Mortgage Corporation MERS as a nominee for WMC Mortgage Corporation MERS as a nominee for WMC Mortgage Corporation P.O. Box 2026 Flint, MI 48501-2026 P.O. Box 54089 Los Angeles, CA 90045-0089 3300 SW 34`h Ave, Suite 101 Ocala, FL 34474 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) Troy A. Vanderau Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1471 Hillcrest Ct, Apt 704 Camp Hill, PA 17011-8026 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 12.2008 - DATE DANIEL G. 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Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 : Plaintiff V. KATIE E. VANDERAU Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 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 was sent to the following individual on the date indicated below.. KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 KATIE E. VANDERAU PO BOX 2643 SOLDOTNA, AK 99669 KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652 DATE: ! iI --7 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff `.. 71£ 1t aJ y? ww ??r. 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. KATIE E. VANDERAU Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, 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 i1G (J s 3. A Rule was entered by the Courton or about it Z directing the Defendant 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 ?i ?? l J r , 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of z ?(Os-- 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: i z 4 (° F- 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. KATIE E. VANDERAU Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on `'F A Rule was entered by the Court on or about z X, 7 _ directing the Defendant 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 i//? [ ° F in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of "2- a /" r- 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 Exhibit "A" DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 PLAINTIFF V. KATIE E. VANDERAU, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2660 CIVIL ORDER OF COURT AND NOW, this le day of November, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 3, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, N\-?Ul -- M. L_ Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Katie E. Vanderau Defendant bas TRUE COPY FROM REGORu 9 Test =fty whereof, I here unto set my hang ,d the sqll of said Court at , Pa. rat. ay lia Exhibit "B" ATTORI FILE Y R x VtEASE AET 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. ME(V KATIE E. VANDERAIJ pk- Defendant C ?- a ? ATTORNEY FOR PLAII6IFF .: c-n Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 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 was sent to the following individual on the date indicated below ai+ -i.-{ f KATIE E. VANDEt; KATIE E. VANDERAU 1394 LETCHWQR (1J ' PO BOX 2643 CAMP HILL, PA 1701 '??519 SOLDOTNA, AK 99669 KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652 DATE: /i'7 L--7 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: / Z/.7 /s By: Phelan Hallinan & Schmieg, LLP 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 ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2660 CIVIL TERM KATIE E. VANDERAU Defendant 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. KATIE E. VANDERAU 1394 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652 DATE: lz S llr By: KATIE E. VANDERAU PO BOX 2643 SOLDOTNA, AK 99669 Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff ? N C-) 111 `L1 _ ?r GTJ JAN 0 5'2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County V. ; No. 08-2660 CIVIL TERM KATIE E. VANDERAU Defendant 1? ORDER C1 AND NOW, this I day of 74h, , 2001' upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 tune as follows: Principal Balance $139,123.87 Interest Through December 10, 2008 $12,079.30 Per Diem $27.81 Late Charges $360.08 Legal fees $1,675.00 Cost of Suit and Title $1,419.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $105.00 Appraisal/Brokers Price Opinion $410.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,391.84 TOTAL $160,564.09 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 176906 0 C- I I I vl L- NY f 6 902 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Bay _Harbor Loan Servicing LLC is the grantee the same having been sold to said grantee on the 10th day of December A.D., 302008, under and by virtue of a writ Execution issued on the 28th day of August, A.D., 202008, out of the Court of Common Pleas of said County as of Civil vF- Term. civil Number 2660, at the suit of Morgan Stanley ABS Capital I Inc Tr 2006-WMC2, Tr against Katie E Vanderau is duly recorded as Instrument Number 200901694. IN TESTIMONY WHEREOF, I have hereunto set my hand an4eal of said office this Ivu _X-t day of A.D. Recorder of Deeds RecGdN Dzzds, Cuwrnberland County, CarL*. PA My Cw4ssion Ex0es Me First Monday of Jan. 2010 K Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for Morgan Stanley ABS Capital I Cumberland County, Pennsylvania Inc. Trust 2006-WMC2 Writ No. 2008-2660 Civil Term VS Katie E. Vanderau R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Katie E. Vanderau, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. HUNTINGDON COUNTY RETURN: And Now, October 22, 2008 at 1800 hours served the within Real Estate Writ, Notice of Sale and Description upon Katie E. Vanderau by making known unto Katie Vanderau personally at Susquehanna Avenue, Huntingdon, PA 16652 its contents and at the same time handing to her a true and correct copy of the same. So answers: Sherri L. Cressman, Deputy Sheriff of Huntingdon County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2008 at 1403 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Katie E. Vanerau, located at 1394 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Katie E. Vanderau, by regular mail to her last known address of 1025 Mifflin Street, Huntingdon, PA 16652- 1819. This letter was mailed under the date of November 07, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $108,600.00 to Attorney Kim Bonner on behalf of Bay Harbor Loan Servicing, LLC. It being the highest bid and best price received for the same, Bay Harbor Loan Servicing, LLC of 4 State Road, # 520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 114,143.12. Sheriffs Costs: Docketing $30.00 Poundage 2172.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.50 Mileage 16.00 Levy 15.00 Surcharge 20.00 Out of County 9.00 Huntingdon County 58.00 Law Journal 359.00 Patriot News 368.24 u_ Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $3,227.16 So Answers: R. Thomas Kline, Sheriff BY&"O" 6,?V I/a'7Ic w ( .,,. ?? Lp ? C? ? ,?) ..?; ?? ? __?; ` ? ?-, r?? ?; ? ? s? , ? _??? r .?. .. ?a " "?' , ._.a DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff, V. KATIE E. VANDERAU Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2660 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR_MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of 1? 1391{ Execution was filed the following information concerning the real property located at LETCHWORTH ROAD, CAMP HILL, PA 17011-7519. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652-1819 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) MERS as a nominee for P.O. Box 2026 WMC Mortgage Corporation Flint, MI 48501-2026 AtERS as a nominee for `NMC, Mortgage Corporation MERS as a nominee for WMC Mortgage Corporation P.O. Box 54089 Los Angeles, CA 90045-0089 3300 SW 34th Ave, Suite 101 Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Troy A. Vanderau Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 1471 Hillcrest Ct, Apt 704 Camp Hill, PA 17011-8026 1294 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 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 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 29, 2008 B - '%'-" DATE DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff 10/14/2008 11:06 FAX DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- VvMC2 Plaintiff, V. CUMBERLAND COUNTY No. 08-2660 CIVIL TERM KATIE E. VANDERAU Defendant(s). October 14, 2008 TO: KATIE E. VANDERAU 1025 MIFFLIN STREET HUNTINGDON, PA 16652-1819 0002/003 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THISDEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 1394 LETCHWORTH ROAD. CAMP HILL. PA 17011-7519, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5141 75.50 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with P&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 A, 14 M WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-2660 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 ABS CAPITAL I INC TRUST 2006-WMC2 Plaintiff (s) From KATIE VANDERAU (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 $148,375.50 L.L.$0.50 Interest FROM 6/20/2008-12/10/2008 (PER DIEM $24.39) $4,243.86 Atty's Comm % Due Prothy $2.00 Atty Paid $219.97 Other Costs Plaintiff Paid Date: August 28, 2008 - &1 12 dp. s R. Long, Prothonotary ( (Seal) By: QL" n ? Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ 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 #65 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1294 Letchworth Road, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: Real Estat Sergeant A P®r L Date Filed: January 9, 2009 SCHEDULE OF DISTRIBUTION SALE NO. 65 Writ No. 2008-2660 Civil Term Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2 VS Katie E. Vanderau 1394 Letchworth Road Camp Hill, PA 17011 Sale Date: December 10, 2008 Buyer: Bay Harbor Loan Servicing, LLC Bid Price: $108,600.00 Real Debt: $ 160,564.09 Per Court Order Dated January 7, 2009 by Judge M.L. Ebert Interest: Attorney Writ Costs: Total: $ 160,564.09 DISTRIBUTION: Receipts: Cash on account (09/04/2008): Cash on account (12/10/2008): Cash on account (12/30/2008): Total Receipts: $ 1,500.00 10,860.00 103,283.12 $115,643.12 r a- ilisbursements: Sheriffs Costs $3,227.16 Legal Search 300.00 Transfer Tax, Local 1,535.56 Transfer Tax, State 1,535.56 Bonnie Miller Tax Collector 606.61 Lower Allen Township 446.70 Phelen, Hallinan & Schmieg 1,500.00 Deutsche Bank National Trust 106,491.53 Company, et. al. Total Disbursements: ($115,643.12) Balance for distribution: 0.00 i SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 65 held December 10, 2008 EFFECTIVE DATE: December 12, 2008 PREMISES: 1394 Letchworth Road, Lower Allen Township, Cumberland County, Pennsylvania, Lot No. 44, Plan Book 4, Page 45, Block A, Revised Plan of Highland Park, Tax Parcel No. 13-23-0545-027 (the "Premises") RECITAL: Being the same premises which Franklin R. Shaffer and Patricia A. Shaffer, husband and wife, by their Deed dated April 6, 2006 and recorded April 18, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 274, Page 289, granted and conveyed unto Katie E. Vanderau, single woman. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Subject to the spousal rights, if any, of any spouse of Katie E. Vanderau. 21. Mortgage in the amount of $140,000.00 from Katie E. Vanderau to WMC Mortgage Corporation dated April 13, 2006 and recorded April 18, 2006 in Mortgage Book 1947, Page 943, assigned May 27, 2008 in Instrument No. 200817380 to Morgan Stanley ABS Capital I, Inc. -2- 22. Mortgage in the amount of $35,000.00 from Katie E. Vanderau to WMC Mortgage Corporation dated April 13, 2006 and recorded April 18, 2006 in Mortgage Book 1947, Page 960. 23. Judgment against Katie E. Vanderau in favor of Deutsche Bank National Trust Company in the amount of $148,375.50 entered June 26, 2008 to No. 2008-2660, which judgment amount maybe subject to reassessed damages in accordance with the Order of Court date November 12, 2008. The foregoing judgment as possibly reassessed pertains to the Mortgage made reference to in Paragraph 21, above. 24. Subject to the setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Revised Plan of Highland Park recorded in Plan Book 4, Page 45. 25. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Letchworth Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. B y: Keith O. Brenneman -3- REAL ESTATE SALE NO. 65 Writ No. 2008-2660 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2 vs. Katie E. Vanderau Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44, block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block J, South 35 degrees East, 110 feet to an iron pin on the northern line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 degrees West, 60 feet to the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT neverthe- less to the exceptions, reservations, restrictions and conditions as con- tained in prior deeds of conveyance. BEING THE SAME PREMISES VESTED IN Katie E. Vanderau, a single woman, by Deed from Franklin R. Shaffer and Patricia A. Shaffer, his wife, dated 04/06/2006, recorded 04/18/2006, in Deed Book 0274, page 0289. PREMISES BEING: 1394 LETCH- WORTH ROAD, CAMP HILL, PA 17011-7519. PARCEL NO. 13-23-00545-027. EXHIBIT A The Patri 'ot-News Co. Maly ket St. Y. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05108 11/12/08 ........ .. ........... worn to and?4bscribed before me his=25 dd of,NNovember, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisnnr, t4otsiry Put?lic City Of liao isbt rLj, Dauphin County E My Commissior E>;pim* Nov. 26, 2011 Member, PennsYlvar„a A ssocfaiion of Notaries Real Estate Sale No. 65 Writ No. 20080 Civil Turn Deutsche Dank National Trust :ompany, as Trustee for Morgan Stanley ASS Capitat 1 Inc. Trust 2006-WMC2 VS Katie E. Vanderau Attorney Daniel Schtnieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44. block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block .J, South 35 degrees Fact, 110. feet to an iron pin on the nortbem line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 degrees West, 60 feet to the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT nevertheless to the exceptions, reservations, restrictions and conditions as contained in prior deeds of conveyance. BEING THE SAME PREMISES VESTED IN Kale I. Vanderau, a sine woman, by Deed from I rm** IL Shaff- aot#li'at" A Shy his wife, dtaed %40M, recorded 041181 2006, m Deed Eek+k K74, pwgeOM. PREMISES BEING: 1394 LETCHWORTH ROAD, CAW HILL, PA 17011-75) 9 PARCEL NO. 13-23-00545-027 4-& A, M PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RIBAL AT19 "LX NO. " Writ No. 2008-2660 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2 VS. Katie E. Vanderau Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the North side of Letchworth Road, which point is 133.55 feet East of Chatham Road and which point is at the line dividing Lot Nos. 43 and 44, Block A on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 43, Block A, North 35 degrees West, 110 feet to a stake on the southerly line of Lot No. 41, Block A; thence by the dividing line between Lot Nos. 41 and 44, block A, North 55 degrees East, 60 feet to an iron pin on the western line of Lot No. 1, Block J; thence along the western line of Lot No. 1, Block J, South 35 degrees East, 110 feet to an iron pin on the northern line of Letchworth Road; thence along the northern line of Letchworth Road, South 55 dqpme West, 60 feet to the p1we of TIMING. HAVING THEREON ERECTED a mW* wmiily dwelling known and an 1394 Letchworth Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT neverthe- less to the exceptions, reservations, restrictions and conditions as con- tained in prior deeds of conveyance. BEING THE SAME PREMISES VESTED IN Katie E. Vanderau, a single woman, by Deed from Franklin R. Shaffer and Patricia A. Shaffer, his wife, dated 04/06/2006, recorded 04/18/2006, in Deed Book 0274, page 0289. PREMISES BEING: 1394 LETCH- WORTH ROAD, CAMP HILL, PA 17011-7519. PARCEL NO. 13-23-00545-027. t a Nj a ?r7 co