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HomeMy WebLinkAbout08-4278GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS MOWFUAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. LEANN M. ZEIGLER Mortgagor and Real Owner 121 West Hunter Road Carlisle, PA 17013 Defendant Term No. CIVIL ACTION: MORTGAQE FORECLOSURE 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. v8 - #,278 (1 t ? OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELPFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, P-STA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTE G TO COLLECT A DEBT OWED TO OUR CLIENT ANY FORMATION OBT i11 E FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 or 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www phfa or-g/conswners/homeowners/real asyx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionna -ldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 68535FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is LEANN M. ZEIGLER, 121 West Hunter Road, Carlisle, PA 17015, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On September 23, 2004 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1884, Page 3476.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for March 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................... ...........$168,805.65 Interest from 02/01/2008 through 06/18/2008 at 6.9900% ....................... $4,492.48 Per Diem interest rate at $32.32 Reasonable Attomey's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$8 440.28 Late Charges from 03/01/2008 to 06/18/2008 .............................................$233.00 Monthly late charge amount at $58.25 Costs of suit and Title Search ......................................................................$900.00 $182,871.41 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attomey's Fees set forth above may be less than the amount demanded based on work actually performed. The Attomey's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of 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. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability thatng? was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $182,871.41, together with interest at the rate of $32.32, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: -"e? GOLDBECK MCCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION 1, YMAMK18TVVPR3M1T , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: M MY W80N, ISTVICFP 121 West Hunter Road Carlisle, PA 17013 - LEANN M. ZEIGLER ExhibitA SCHEDULE C LEGAL. DESCRIPTION Commitment Number. 004199ST All that certain tract of land situate in the South Middleton Township, County of Cumtx;rland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western side of Boxwood Lane on the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 75 degrees 24 minutes west 150 feet to a point; thence North 14 degrees 36 minutes west 116.09 feet to a point on the soudhern side of West Hunter Road; thence by the southern side of said Hunter Road, North 86 degrees 16 minutes East 152.25 feet to a point on the western side of Boxwood Lane; thence by the western side of Boxwood Lane; thence by the western side of Boxwood Lane, South 14 degrees 36 minutes East 90 feet to the place of BEGIN VING. The improvements thereon being known as 121 W Hunter Road, Carlisle, PA 17013. BEING Lot No. 13 of Section "F" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds In and for Cumberland County in Plan Book 20, Page 70. SUBJECT, HOWEVER, to the restrictions and conditions recorded in the Office aforesaid in Miscellaneous Record Book 166, Page 512, except as follows: 1 • Any dwelling house constructed on the lot shall have not less than 1100 square feet of living area. 2. The exterior dimensions of any ranch-type dwelling house constructed on elther lot shall be not less than 26 feet by 44 feet, excluding garage or carport 3. A garage or carport at least 14 feet wide shall be erected with each dwelling ho,ise. BEING the same premises which Robert E. Fagan, by Deed dated June % 1992, and recorded in Book S35, Page 228, granted and conveyed unto Doris A. Zeigler, In fee. STEWART TITLE GUARAF'TY COMPANY E..x.,hibit (B ®Gounbyvdde° HOME LOANS PO Box 9D48 TemeCUTA CA 92589.9048 2208896808 Send Pwe= To. PO Box 660694 Dallas, TX 75266-0684 Sand CwnsPondena to. PO Box 5170, MS SV3148 Simi Valley, CA 93065 Leann M Zeigler 121 W HUNTER RD CARLISLE, PA 17015-4339 060501-7 BL6PA1 PRESORT Frost-Class Mail U.S. Postage" Fees Paid 1MS0 105410 Im. Wouftywkir HOMELOANS P.O. Box 660691 Dallas, TX 75266-0694 Leann M Zeigler 121 W HUNTER RD CARLISLE, PA 170154339 Send Paymerds to PO Box 660894 Defies. TX 75266-0694 05/01/2008 Account No.: 38132651 Property Address: 121 W Hurter Rd Carlisle. PA 17013 Currant Ssrvlur: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE MORTGAGE ear E PROGRAM naENAn+ m be 0 We Notice cordaha Important legal Information. If you have any questions, Counseling Agency may be able to help explain It. You may also want to corded representatives an attorney In at we, Coneumor he local bw association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sa NO COMPRENDE EL CONTENDO DE ESTA NOTWICACI6N DIMNGA UNA TRAOMC16N INM EDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL WMERO 'WOME?RS ? ORGENCY MORTGAGE ASSISTS PROGRAM" EL SCUAL PUEDE SALV SA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME Zeigler (S$ Leann M PROPERTY ADDRESS: 1 W LOAN ACCT. NQ: PA 17018 ORIGINAL LENDER: ' CURRENT LEtDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HELP YOU Mlfsrtc EMME MORTC-?'E oayI10EN7g Y • Make yaurdeedcpeyableto • W*a?ayyOotrWMA [[number on ppalx dredc ormoroy cyder • Wdbs h sddkmal amounts you are Indudng (r toW is more #W 55000, Please send • Dont ? deck to the Payment capon • Dant kedude Iwrrespondance • NO$andcash lzl! ?Y deagoyW ;s MNasye F40M rf MnVm an ar daMSM WRONDnOnee atoe aMpolm"rawNdanpdadbyyoesaeamWirsttdbn.subpdtoappk eIaar. Wft Accotatt Number. M3 01-1 Leam M 2-wer Be'- Due for chw9e8 listed above: $3,592.29 as of 511/2008. 121 W M -for DA PIN" Vekeeind k1Ion mvO on ay tVMWskkd Yltt coupm. Itld" Pre etroat C" Addiaiul CounhyWlda ?G ON PO BOX 680894 akx Dallas. TX 7529&DB94 Iltttltltltttltltlltttllttlltttellttl,ltttlttll.ltttlttittl,llltttl czk T.W 038132651100000359229000359229 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'% YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OFF E CLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thrty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to4ace" meeting with one of the consumer credit counseling agences listed at the end of this Notice. THIS ownbiR aas urr nrwI m ?•- ruagrgv fore. .,...e -- --.. -- - - -- CONSUMER CREDrr COL?.SEI I+1 eacur _ If you meet with one of the consorter credit counseling the end of thia notice, the lender may NOT take action agencieThe names. s listed a lressea teI@OltOne nLrrlberd Ot oi:.? against you for thirty (30) days after the dabs of this meeting. "Sl consumOr rJertit ? -a.....,...r -- -- ^^¦, M "ref situ or ors Notice. It is only necessary to schedule One face-to-face meeting. Advise your of your intentions. GAGE ASSISTANCE - Your mortgage is to default for the reasons set forth later in this Notice (see fOlowrtg Pages for spedtc information about the nature of your default.) Will the if your have tried and are unable to resolve this problem lender, you have the right to apPIY for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer r credit counseling agens have applications ?the program and they will assist you in submitting a Complete application to the Pennsylvania Housing Finance application MUST be fled or postmarked within thirty 30) days of you tare-o-face meeting. YOU &I FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. eGENCY ACTION - Available kinds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has siAy (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings wil be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE F r r T " The MORTGAGE debt held by the above lender on your property located at: 121 W Hurter Rd Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charoes• 03101/2008 $3,494.79 Late Cttoro -s• 0310112008 $116.50 Other Late Climes Total Late Charges: Uncollected Costs: $0.00 Partial Payment Balance: ($19.00) ($0.00) TOTAL DUE: $3,902 29 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not war abiet HOW TO CURE THE DEF a f T - You may cure the default within IMICTY =1 DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $30229, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE M TY (301 DAY PERIOD. AE mat use: einal address below war allow us to send you irtomaron at your aco n ..LP0bar 6% Laam tf Zalgtr Smell address /tar we 11001 1110F 11afa m* AN acmpbd payMM of Prkwipal aril baereet WE be applied b the 10" -stun hg h0knont dre, untea ofbnate Elam-o q proHWbd or NNmd by low. If you at>bmk an amount In addtlan to your idrediged Ma" amount. V& Will a" ym Payment es fofaaw: (Q to QMMndng mo" payments of pdndpel aM h-K (II) eaaow defcgrt lea. (Ili) lea &kTW and other amount you on In mnrwction with yow ban end (Iv) to reduce the mum" Wdpel Warm of your ben Pism spedry r you wart an ad*WW amour applied to future paynbrtb, rather flan pdn*W reduction rrnaaraa Mat[ CountY"'s Poroy b b not emept Oosafsaed dx, unless ipeorcafy agreed to by a loan murrepor arkebdnidan Pavments must be made either by cashier's check cer .1 check or money ordrr made Derv and selw to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure an other default by talcino the iopowirb anti within THIRTY (30) DAYS oft ?r??a aoolrcable) of this ? r o not Use rf not IF YOU DO Nor ru rRE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lernbr Intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt win be considered due immediately and you may lose the chance to Pay the mortgage in morrt instalmerts. If fun payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends old stnxt its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE 0 FORECLOSED-MM - The mortgaged property will be sold by the Sheriff to debt. If the lender refers your case to its attorneys, but you cure the del pay off the mortgage against you, you will still be required to y before the lender begins legal proceedings pay the reasonable attorney's fees that were actually kwxred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees win be added to the amount you owe the lender, which may reasonable costs. H you cure the default wKNn the THIRTY M1 DAY period, you will not be requi also include other fees. red al pay Juaftorrigy-s de other OTHER LENDER REMIMES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. BIGHT TO CURE THE DEFAULT PWOR TO ?+ERIFFS S AI E - It you have not cured the default within the period and foreclosure proceedings have begun, you still have the right to cure the default and Prevent the sale DAY one hour before the Sheriffs Sale. You may do sob ach time up to due, reasonable attorney's fees and costs connected with he the total amount then past due. foreclosure sale and any other plus connected late other charges then Sale as spedNed in writing by the lender and b with line Sheriff's the marxnr set forth in this notice will restorperforming other requirements urKler the mortgage. Curing your default in your mogage to the same Position as N you had never defaulted. EARLIEST P06SIBLE SHERIFF'S SALE nxTE - it is estimated that the earliest date that such a Sheriffs Sale of the mortgage Property could be hell would be approxknately six (6) months from the dab of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: N"re of Lender: Countrywide Home Loans Servkbrg LP Address: P. OL Box 660694 Dallas, TX 75266-0694 Phone Number. 1400.669.0102 Fax hillgiber- 1.805.577-3432 Contact Person: MS P7X-36 Attention: Loan Counselor EFFECT OF 2+ERFER S r E - You should realize that a Sheriffs Sale will end your ownership of the mortgaged your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove property and and other belongings could be started by the lender at any time. YOU and your ihxnishings ASS UMP710N OF IKWGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's tees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY An HAVE THE RIG Kr: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TINES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 220889.808 Your loan is in default. Pursuant to your loan documents, Countrywide may, enter Property. The upon and conduct an inspection of your purposes of such an inspection are to (t) observe the physical condition of your properly, (p) verify, that the property is occupied andlor (tr) determine the identity of the occupant. If you do not cure the default prior to the inspection, otter actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided M your security Instrument. If you are unable to axe the default on or before May 31, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • ORepayment Plan: ur basic fan requires is possible that you may be eltgible for some form of payment assistance through Courtrywtde. p quires that Countrywide receive, up front, at least 'A of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the Interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are wiping to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the ban documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by May 31, 2008 as outlined above will result in the acceleration of your debt. the 1 Time is 00-669of-01 02 essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Inteft1h ' CCCS of Westsm PA Housing Author) 20W Ur?lbstown Road Can uAty Action Commiselor 40 E High 3tree>t Harrisburg, PA 17102 of Capliel Region Gettysburg, PA 17325 888.511.2727 1514 Derry Street 717.334.1518 71 17104 7.232..99 7 717.23757 L,oveship, Inc. 'Wranathe 2320 Norte 51h Street 43 Philadelphia Avenue PHFA Harrisburg, PA 17110 Waynesbb6ro PA 17268 211 North From Street 717.232.2207 , 717.762.3285 Harrisburg, PA 17110 717.780.3940 800.342.2397 o? w 0 r..a C C= C= n,,rr 2i c°' MM r ti, ») { f SHERIFF'S RETURN - REGULAR CASE NO: 2008-04278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS ZEIGLER LEANN M MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland Couxity,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ZEIGLER LEANN M was served upon the DEFENDANT at 1847:00 HOURS, on the 21st day of July 2008 at 121 WEST HUNTER ROAD CARLISLE, PA 17015 LEANN ZEIGLER, by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00? 33.00 07/22/2008 GO DBECK MCCAFFERTY MCKEEVER /A3A* Sworn and Subscibed to By: -- before me this day 'Deputy Sheriff of A. D. t.. N - GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4278 Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in Support of Voluntary Substitution, Verification, Certification of Service. The address for the Plaintiff is 7105 Corporate Drive PTX C-35 Plano, TX 75024. MICHAEL T. MCKEEVE , M?LUIRE ti - GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4278 STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P.2352 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3, by counsel, hereby voluntarily substitutes itself as Plaintiff in the above- captioned matter and in support thereof represents as follows: caption. The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1884, Page 3476 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC. 4. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above- captioned matter. Re lly suomitted, MI HAEL T. MCKEEVER, SQUIRE 4%. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR UNITED EQUITY, LLC 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 121 West Hunter Road Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE Term No. 08-4278 Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on August 5, 2008. LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 11124?4&a&&M Michael T. McKeever, Esq. t?,?, $ ?? ~ ?? ?, '?. ??; ?_ ? ? ??`f ? ,p 3 ? ..?- In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano. TX 75024 Plaintiff vs. LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-4278 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against LEANN M. ZEIGLER by default for want of an Answer. Assess damages as follows: Debt Interest from 08/28/2008 to Date of Sale per diem at $32.32 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 (V?pw ver r mti ff AND NOW 41 - JA I AM , Judgment is entered in favor of DEUTSCHE BANK NATIONAL U COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 and against LEANN M. ZEIGLER by default for want of an Answer and damages assessed in the sum of $185,250.31 as per the above certification. $185,250.31 othonotary 4K? r? . 68535FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 12, 2008 TO: LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 TO: LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-4278 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, LEANN M. ZEIGLER, is about unknown years of age, that Defendant's last known residence is 121 West Hunter Road Carlisle, PA 17015, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. LEANN M. ZEIGLER (Mortgagor(s) and Record owner(s)) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4278 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3, and against LEANN M. ZEIGLER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $185,250.31. Vf McK eever or Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are LEANN M. ZEIGLER, 121 West Hunter Road Carlisle, PA 17015; 0 hADJ-K::ZcCAFFERTY & McKEEVER BY: ael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 02/01/2008 through 08/27/2008 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search $168,805.65 $6,754.88 $8,440.28 $349.50 $900.00 $185,250.31 AND NOW, this ? day of OL Wael FFERTY & McKEEVER 14 er Y: eev Attorney for Plaintiff , 2008 damages are assessed as above. 1111"46; ?'" r Prothy A;A i co Su L1 'a u lip r', !yO f i"S 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 ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff No. 08-4278 vs. LEANN M. ZEIGLER (Mortgagors and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned ma ter has been a eyed against you. ! e • dKb urt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE LEANN M. ZEIGLER Mortgagor(s) and Record Owner(s) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) No. 08-4278 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 08/28/2008 to Date of Sale per diem at $32.32 $185,250.31 (Costs to be added) 0 G K AFFERTY & McKEEVER BY. is ael T. McKeever Attorney for Plaintiff M Q W '?' [., U O N W d N a' ? c? W o p N??? ?Ooo?o G ? E-{ NQ a WUF+ P4 p" ?" °' o H?o ow?'? ??3 ? Q H wOQW ? w? QHo e ? O ?l s? ?U ? N Q M Ups i? O awi °o ?o All that certain tract of land situate in the South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western side of Boxwood Lane on the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 75 degrees 24 minutes west 150 feet to a point; thence North 14 degrees 36 minutes west 116.09 feet to a point on the southern side of West Hunter Road; thence by the southern side of said Hunter Road, North 85 degrees 16 minutes East 152.25 feet to a point on the western side of Boxwood Lane; thence by the western side of Boxwood lane; thence by the western side of Boxwood Lane, South 14 degrees 36 minutes East 90 feet to the place of BEGINNING. The Improvements thereon being known as 121 West Hunter Road, Carlisle, PA 17013. BEING Lot No. 13 of Section "F" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 20, Page 70. SUBJECT, HOWEVER, to the restrictions and conditions recorded in the Office aforesaid in Miscellaneous Record Book 166, Page 512, except as follows: 1. Any dwelling house constructed on the lot shall have not less than 1100 square feet of living area. 2. The exterior dimensions of any ranch-type dwelling house constructed on either lot shall be not less than 26 feet by 44 feet, excluding garage or carport. 3. A garage or carport at least 14 feet wide shall be erected with each dwelling house. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 121 West Hunter Road Carlisle, PA 17013 SOLD as the property of LEANN M. ZEIGLER TAX PARCEL #40-24-0758-045 Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff' DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 LEANN M. ZEIGLER vs. Mortgagor(s) and Record Owner(s) 121 West Hunter Road Carlisle, PA 17013 Plaintiff Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-4278 I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. c el ?MccKeever A e faintiff ??? ? ?- ? C:"? ? r'k t .. t ?+" _ .. .?... . ? i .R "?_? "'... ? ..+ ? W G(-?dbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-4278 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 121 West Hunter Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE I1 , 04 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 121 West Hunter Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: August 27, 2008 GO?CK McCAFFERTY & McKEEVER BY ael T. McKeever, Esq. Attornev for Plaintiff =•'`, G7) ? co r y?s ; a y 08-4278 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. LEANN M. ZEIGLER Mortgagor(s) and Record Owner(s) 121 West Hunter Road Carlisle, PA 17013 Defendant(sl, IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4278 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ZEIGLER, LEANN M. LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 Your house at 121 West Hunter Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $185,250.31 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 08-4278 To prevent this Sheriffs Sale you must take immediate action 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO 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. LEGAL SERVICES INC 08-4278 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 10 08-4278 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orp-/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 6853517C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-4278 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 ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC TRUST 2004-WMC3 Plaintiff (s) From LEANN M ZEIGLER (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 $185,250.31 L.L.$0.50 Interest FROM 08/28/2008 TO DATE OF SALE PER DIEM AT $32.32 Atty's Comm % Atty Paid $160.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 28, 2008 (Seal) REQUESTING PARTY: Name MICHAEL T MCKEEVER ESQ s ", /? /61--v s R. Long, Prothonota y1J By: Deputy Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129- Deutsche Bank National Trust Company VS Leann M. Zeigler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4278 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael McKeever. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Mileage Surcharge Share of Bills So Answers: R. Thomas Kline, Sheriff BY A PIA, ?? Real Esta Sergeant 30.00 2.55 15.00 15.00 .50 2.00 15.00 15.00 20.00 14.92 $129.97,,/ s ctz G4S93 ?,, o2/G 703 I Goldbeck McCafferty & McKeever BY: Michael T. OiAcKeever Attorney I:D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff IJEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff LEANN M. ZEIGLER (Mortgagor(s) and Record Owner(s)) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4278 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 121 West Hunter Road Carlisle, PA 17013 LName and address of Owner(s) or Reputed Owner(s): LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 121 West Hunter Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: August 27 2008 B UK McCAFFERTY & McKEEVER ael T. McKeever, Esq. for Plaintiff 08-4278 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. LEANN M. ZEIGLER Mortgagor(s) and Record Owner(s) 121 West Hunter Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4278 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ZEIGLER, LEANN M. LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 Your house at 121 West Hunter Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 10, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $185,250.31 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 08-4278 To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 fmd out if this has happened, you may call the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO 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. LEGAL SERVICES INC 08-4278 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-4278 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.g_o_v for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www nhfa ore/ consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a?,goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 68535FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N0084278 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 ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC TRUST 2004-WMC3 Plaintiff (s) From LEANN M ZEIGLER (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 $185,250.31 L.L.$0.50 Interest FROM 08/28/2008 TO DATE OF SALE PER DIEM AT $32.32 Atty's Comm % AttyPaid $160.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 28, 2008 (Seal) REQUESTING PARTY: s 1 urns R. Long, Prothono /-r Deputy Name MICHAEL T MCKEEVER ESQ Address: SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129- Real Estate Sale #68 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton TownsWp, Cumberland County, PA Known and numbered as 121 West Inter Rd., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: Real E e Sergeant GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-4278 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: c rvla; :r ci Kindly vacate the judgment upon payment of your costs only. By: GOLDBECK MCCAFFERTY & MCKEEVER Mi ael McKeever Pa. ID 56129 G ry McCafferty Pa. ID 42386 isa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff Otw. '% @.06 ?d a#? * $ asco elf as$ jzg(f GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE Term No. 08-4278 Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on 41 g? 11 LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE By. Goldbeck McCafferty & McKeever Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone) GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17013 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-4278 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: ?C) a d? 5 Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. B' GOLDB K MCCAFFERTY & MCKEEVER Mi hael McKeever Pa. ID 56129 G ry McCafferty Pa. ID 42386 sa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff Defendant(s) CERTIFICATE OF SERVICE Term No. 08-4278 Natasha Perez, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on LEANN M. ZEIGLER 121 West Hunter Road Carlisle, PA 17015 ACTION OF MORTGAGE FORECLOSURE By. Goldbeck McCafferty & McKeever Natasha Perez, Legal Assistant NPerez@goldbecklaw.com 215-825-6384 (Direct Phone)