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HomeMy WebLinkAbout09-5094Phelan 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 J Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 212682 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ROBERTO IGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241-9547 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CI0'I NO. Al - 5714 C/ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 212682 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 (717) 249-3166 File #: 212682 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERTO IGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241-9547 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/13/2006 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 CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1954, Page 3951. 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 10/01/2008 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 arid all interest due thereon are collectible forthwith. File #: 212682 6 7 8. 9 The following amounts are due on the mortgage: Principal Balance $130,144.35 Interest $7,608.25 09/01/2008 through 07/23/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $420.90 06/13/2006 to 07/23/2009 Cost of Suit and Title Search 750.00 Subtotal $140,223.50 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $140,223.50 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. The mortgage premises are vacant and abandoned. File #: 212682 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $140,223.50, together with interest from 07/23/2009 at the rate of $23.41 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 H N & SCHMIEG, LLP By: ? Lawrence .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 R. Shah-Jani, Esq., Id. No. 81760 ? girl- ? ' R. Davey, Esq., Id. No. 87077 en R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 212682 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feel: and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. BEING the same premises which Terry A. Beam, a single man, by deed dated November 13, 2001 and recorded November 13, 2001 in Deed Book 249 at Page 967 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Derrick R. March and Caroll Lerner n/k/a Caroll March. PROPERTY BEING; 1 LIBERTY DRIVE PARCEL# 23-35-2316-125 File #: 212682 VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 authoriti ? X33/ DATE: L ff WXwreb26 T. P elan, 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 R. Shah-Jani, Esq., Id. No. 81760 ?? Je Davey, Esq., Id. No. 87077 uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff File #: 212682 ?611) Zf 9JU 27 4ri g: t{ ? ?ia? Sheriffs Office of Cumberland County FIC R Thomas Kline 7- 3 r ' Sheriff Y Ronny R Anderson Chief Deputy Jody S Smith, Civil Process Sergeant OVICE Or -riE Edward L Schorpp Solicitor Deutsche Bank National Trust Co. Case Number vs. Roberto Iglesias 2009-5094 SHERIFF'S RETURN OF SERVICE 08/0312009 10:59 AM - 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: Roberto Iglesias, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roberto Iglesias. Request for service at 1 Liberty Drive Mount Holly Springs, PA 17065 is vacant. Per Kathy Mosquera friend, Roberto Iglesias has been deported to El Salvador. An exact address is not available. SHERIFF COST: $45.60 August 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff VS. ROBERTO IGLESIAS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5094 : CUMBERLAND COUNTY PHS #: 212682 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. Hallinan & Schmieg, LLP Ev for Plaintiff By: ? L ence T. Phelan, sq., Id. No. 32227 ? Fr is 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 V eetal R. Shah-Jani, Esq., Id. No. 81760 nne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-4-09 PHS #: 212682 ,. a Assistant Secretary VERIFICATION Gregory J Price hereby states that he/she is of BAC HOME LOANS SERVICING, L.P., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relatin to unsworn falsification to authorities. J Price, Assistant Secretary DATE: AUG 18 2009 Company: BAC HOME LOANS SERVICING, L.P. File #: 212682 Iglesias 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff VS. ROBERTO IGLESIAS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5094 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: ROBERTO IGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241-9547 Phelan Hallinan & Schmieg, LLP Attonmy for Plaintiff A '1001j I By: _ ? gan ce T. Phelan, Es o, Id. No. 32227 ? S. Hallinan, Es % Id. No. 62695 ? G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-4-09 OF THE Pte' '" 1uTAPY 2009 SEP -8 Pik 2: 25 Cum pr- ENPIJIS1'?..lA vii'+, Phelan Hallman &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff vs. ROBERTO IGLESIAS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL-09-5094 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN & SCHMIEG, LLP U Lawrence T. Phelan, Esq., Id.-Nc~2227 ^ 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 Sh tal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: Nwemher 1 , ?~n9 /lxh, Svc Dept. File# 212682 -,~ Ff~ ~"-~ , ~ ,_ 1~~~ C~;; '~'~ +n ~ `('!i -:. `"s~~ ._I~ ~i. ~to.6~~~ ~~7 clc,~ ~~ ~~ ~ ~ -~ ~ 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff vs. ROBERTO IGLESIAS Defendants TO THE PROTHONOTARY: ~~r.. FILED`" ~~ ~~,~.,~~ ~ AI?Y .-`'"' ~ 2a~a ~u~ -~ ~~ ~°~ ~~ CUME'u }rv~11v:i°lLV~ lA ~4 i~f PEN. ` ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL-09-5094 ~~o.oa~cLF~I.~ c~ 4.~~~7 -'~aYa aY~ Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN ~ SCHMIEG, LLP By: ^ Lawrence T. Phelan, sq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 L~J Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: May ?R, .010 /lxh, Svc Dept. File# 212682 1 -~ 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff vs. ROBERTO IGLESIAS Defendant(s) EiLEC ~'r ~~~; z41Q .)~I~ -$ t~~ 1~~ iJ ~ ATT~$I~gi~Y,-i,QR P 'OFF ~E~ s~~SYLV€~!viA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLANDCOUNTY N0.2009-5094 AFFIDAVIT OF SERVICE OF COMPLAINT RY MAii. Pi1RSiJANT Tn C'niJRT nRnF,R ~, 4' I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, ROBERTO IGLESIAS at 1 LIBERTY DRIVE, MOUNT HOLLY, PA 17065-1023; 97 LEEDS ROAD, NEWVILLE, PA 17241 on 1!'ISx 28*2~1Q, in accordance with the Order of Court dated MAY 21, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date:]~ay 2R, 201 ~ PHELAN HALL]N N & SCHMIEG, LLP ~-~ ~ / 1- By: ~w~ Lawrence T. Phelan, Esq., o. 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 ~heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff ~~- t~`\ V' ~~ . '`~-_.. C7 C~1 ~G ~ ~ U .°~ ~ ~ '~ ~~~ 2 a ,~ . z~.~ a '~ ''~ ~~a H _ a~ ~,~,~ 7'~ ~;~ ~'.~; ~ ~ O a ~~ 1" '~ C~" ~ h z~o ,,. 7 ~_ o ~ s ~ 3o0o diz woa~ a~idw ^ OZJC'ZD 9sz~cWi o00 . ~ ZO ~ T ~ N w 53N109 A3N11d ~~ _~'®~~ c ~ ~ ~ N G. -~. Trl~ ~ U~ ~ yy ~ ~~ S31d~~ ~ ~ t ~ '~ y ' ' C C, ~ V U G~ 10 X + V d 0 ~ Ln ' v ro = w a, ~ - ~ ~ °o ~ ~ a c ~oH .=. .~ =~c '~ ~ ~ ° D ~ y 5 c '~ .~ °~ b v ~ ~ ~ °-' ~ _ ~ o ~ ~ ~ U U E N '~ ~ y0 C 7 ~ ,C i0 C t~ ~ C ~-' _N O O ^ O. y G ~ O y ~ O .~- U n' t1 .~ J ^ c~'OOW~3 :: o c c ~ v U ~ N '~ ~.. ~ v y .O ~_ ~ ~ ~ T ~ ~ ~ V W 0. .b O O p ~ ` C C «~+ O ~ H ~ • ~ C C N , Tom.. ~ d -_ O O O p ~+ E C ~ O ,~ ~ ~ vi N F C UN9 ~ N N .~ C ~ .~ N U ~ ~`~ '~ M w O ~ o N £~ N O 77 G a° ~ ~ o°'.. G ~ _ Y ~ `~ ~ ~ r-I ~ o ~ 4 JJ ~ ~ N W °w v Ul Ul N N a ~W~ ~ ~ ~' ' ' N , , ~, H~a H ~ ~ aA + a a~ w v ~ O o a oa ~ v Hy+~1 H ro Oax OA~WI ~ N y ~U '~ HW HW~-l w a0 w RS Pq H R: W H ~ ~o c wH~ a wa~ x ~4 o o ~~ o ~w w z ~~~ a~z a z.> ~~ ~~ U N ~ is ~Ic ~k it d -.~ A ' ~k ac it ~K i~ 'o ~ E y~ z i~ -k ~k ~)c i~ ~t it 'k ~c # d T ~ y .D N ~ N ,-~ N M ~ in ~o r oo m z ~ ~ O "/ a 7? H a. O 'W VJ .-a a 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ~ ~_; Jaime McGuinness, Esq., Id. No. 90134 .~,,`= ~ -~-+ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ``=`v' ' i-9V ~ ' Joshua I. Goldman, Esq., Id. No. 205047 _ /~J t_ ~ ~ ~` ' G°'' ~ ,may _Ir~ Courtenay R. Dunn, Esq., Id. No. 206779 ~ = . ' Andrew C. Bramblett, Esq., Id. No. 208375 r= ~ ~ ~ V .T= 1617 JFK Boulevard, Suite 1400 ~'' <=..y t ~ :~ ` ' ~ One Penn Center Plaza _ ~_-~ ~ ~, Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-5094 vs. ROBERTO IGLESIAS PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERTO IGLESIAS, Defendant(s) for failure to file an Answer to Plaintiffls Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ~I~I.ob PQ ~~-y ~~« a sa ~~q ~a~~s ~bkec ~( As set forth in Complaint $140,223.50 Interest - 07/24/2009 to 07/27/2010 $8,638.29 TOTAL $148,861.79 I hereby certify that (1) the Defendant's last known address is 97 LEEDS ROAD, NEWVILLE, PA 17241-9547, and mortgaged premises located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ C ~~Mpn i, ~, ~ < ::~~''UU 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 Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: _~~aBLL~- PHS # 212682 / _ 7 ~ ~ PROTHONO ARY 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2006-HE7 . No. CIVIL-09-5094 vs. ROBERTO IGLESIAS VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERTO IGLESIAS is over 18 years of age and last known address is 97 LEEDS ROAD, NEWVILLE, PA 17241-9547, and mortgaged premises located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~. ,~~c ^ 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 R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST COURT OF COMMON PLEAS 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES CIVIL DIVISION 2006-HE7 vs. No. CIVIL-09-5094 ROBERTO IGLESIAS Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning this matter please ^ 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 R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ . eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRMISADEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** i DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff v. ROBERTO IGLESIAS Defendant(s) • TO: ROBERTO IGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241-9547 DATE OF NOTICE: July 9, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-5094 CUMBERLAND COUNTY 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. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 IlVIPORTANT 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 HIIt.ING A LAWYER. IF' YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PHS # 212682 ~~ PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. _ f`~~11~-~,~.~i~a~~n~~ Lawrdnce 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 212682 4~ DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff v ROBERTO IGLESIAS Defendant(s) TO: ROBERTOIGLESIAS I LIBERTY DRNE MOUNT HOLLY SPRINGS, PA 17065-1023 DATE OF NOTICE: July 9, 2010 COURT OF COMMON PLEAS CNIL DNISON NO. CNIL-09-5094 CUMBERLAND COUNTY 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 RECENED 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. aVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 5ET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. R' YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PHS # 212682 Y PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES a-- - TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Al~~ By: V~` 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 R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 212682 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR COURT OF COMMON PLEAS MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 CIVIL DIVISION Plaintiff V. ROBERTO IGLESIAS Defendant(s) To the Prothonotary: NO. CIVIL-09-5094 CUMBERLAND COUNTY Issue writ of execution in the above matter: t D A $148 861 79 moun ue . , Interest from 07/28/2010 to Date of Sale $3,278.98 Al ($24.47 per diem) t -v a W rn ; TOTAL $152,140.77 x e 15. (pp 0,8F• Attorney for Plaintiff 31Z.. 00 " Phelan Hallinan & Schmieg, LLP 79.50 u ? Lawrence T. Phelan, Esq., Id. No. 32227 0.00 " ? Francis S. Hallinan, Esq., Id. No. 62695 10.00 ? Daniel G. Schmieg, Esq., Id. No. 62205 " ? Michele M. Bradford, Esq., Id. No. 69849 10.00 I r 0 " El Judith T. Romano, Esq., Id. No. 58745 O C ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 c?•50 " ? Jenine R Davey Esq Id No 87077 0 -P? ATtY ( ?aa7 . , ., . . ? Lauren R. Tabas, Esq., Id. No. 93337 o • ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., 1d. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 nn 01 00 QUel ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 . ' ? Joshua I. Goldman, Esq., Id. No. 205047 .5 0 w ? ourtenay R. Dunn, Esq., Id. No. 206779 ' P Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 212682 C4 Q47gsz? h W t/1 0 pq o ?W F v? v? W Z F ?U OP64 ?a Cs; W U wx FQ a? F d ?a c? °a a F? oa zg F F? o° xF ?ad A? UW Ada W d U A V > 0 Y?1 U W ?r C/1 Q a? x c0 Q W 00 a> W w a? WA ? L O ti O v w GC 0 a y ¢ h W ? ??w QO > w 0 N ? ? O ct Q? ? h ?f ? _ O? O? h h M N?O?,.?- M -rMM Oho MNN?h00hMM O C?azoON Oy?j OOMO '"?? NN O p„Z o dZ oZ,hcoM,N„h,?o 0 0?° c oz ?.a ZZbzb o d c? ozz rzZb ab L!^o zzZooZ ti tj fn rj ti ,W ?ww?"noW•?www?w.? ? w -w O?-, v HGi. .O ;a E 45 P. 42 w ? w ?ODOC10C7??DOO?f?CJ? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE : COURT OF COMMON PLEAS FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff V. ROBERTO IGLESIAS Defendant(s) CERTIFICATION : CIVIL DIVISION : NO. CIVIL-09-5094 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( } the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ?- - c?•s ? C11 U` C 0?:` 2 G Attorney for Plaintiff 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 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 ?ndrew C. Bramblett, Esq., Id. No. 208375 1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff V. ROBERTO IGLESIAS Defendant(s) PHS # 212682 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERTO IGLESIAS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 97 LEEDS ROAD NEWVILLE, PA 17241-9547 1 LIBERY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ PROBATION CARLISLE, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. MERS, INC. AS A NOMINEE FOR WMC MORTGAGE CORP. WMC MORTGAGE CORP. WMC MORTGAGE CORP. 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 P.O. BOX 2026 FLINT, MI 48501-2026 1 RAMLAND ROAD ORANGEBURG, NY 10962 3100 THORNTON AVENUE BURBANK, CA 91504 COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5094 CUMBERLAND COUNTY G G t:J N -n I? 1 -G WMC MORTGAGE CORP. P.O. BOX 54089 LOS ANGELES, CA 90054-0089 Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA FRANKLIN CREDIT MANAGEMENT CORPORATION MERS, INC. AS A NOMINEE FOR FRANKLIN CREDIT MANAGEMENT CORPORATION 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 101 HUDSON STREET 25TH FLOOR JERSEY CITY, NJ 07302 P.O. BOX 2026 FLINT, MI 48501-2026 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September #, 2010 By: Attorney for Plaintiff 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 R, Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 {Andrew C. Bramblett, Esq., Id. No. 208375 DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES, SERIES 2006-HE7 NO. CIVIL-09-5094 Plaintiff : : CUMBERLAND COUNTY VS. 2 e "?! ROBERTOIGLESIAS Defendant(s) Q NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Ca TO: ROBERTO IGLESIAS ROBERTO IGLESIAS 97 LEEDS ROAD 1 LIBERTY DRIVE' NEWVILLE, PA 17241-9547 MOUNT HOLLY SPRINGS, PA 17065-1023 "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, 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 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is scheduled to be sold at the Sheriffs Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $148,861.79 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 (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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230- 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 Sheriff s 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot No. 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21,22,19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. Vested by Special Warranty Deed, dated 06/13/2006, given by Derrick R. March and Caroll Lerner a/k/a Caroll March, husband and wife to Roberto Iglesias, a single man and recorded 6/14/2006 in Book 275 Page 699 Instrument # 2006-021013 PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL NO. 23-35-2316-125 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5094 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. TURST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff (s) From ROBERTOIGLESIAS (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 $148,861.79 L.L.$.50 Interest from 7/28/10 to Date of Sale ($24.47 per diem) -- $3,278.98 Atty's Comm % Arty Paid $227.60 Plaintiff Paid Date: 9/8/10 (Seal) Due Prothy $2.00 Other Costs 1 bnvftM. Buell, Prothonot By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 FILED-OFFICE OF THE PROTHONOTARY Phelan Hallinan & Schmiet LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esg., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani Es q. Id. No. 81760 201C NOV 29 AM 9: 16 CUMBERLAND COUNTY PENNSYLVANIA Jenine R. Davey, Esq., IT ?4o. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava. Eso.. Id. No. 202331 Peter J. Muloahy; E , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq.: Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. ROBERTO IGLESIAS Defendants NO. 2009-5094 VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to ROBERTO IGLESIAS on OCTOBER 7, 2010 in accordance with the Order of Court dated MAY 21, 2010. The property was posted on OCTOBER 7, 2010. Publication was advertised in THE SENTINEL on NOVEMBER S 2010 & in CUMBERLAND LAW JOURNAL on NOVEMBER 5, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Brad?i Judith T. Romano, Sheetal R. Shah-Ja Jenine R. Davey, F Lauren R. Tabas, I Vivek Srivastava, ] Jay B. Jones Esqu Andrew L. 5pivacl Peter J. Mulcahy, I Jaime McGuinness Joshua I. Goldman Courtenay R. Dunn, Andrew C. Bramble Attorneys for Plain ., Id. No. 84439 A, Esquire quire ., Id No. 206779--*' sq., Id No. 208375 Dated: November (?a 2010 MAY S IN THE CbURT OF CIJMMQN PLEAS CUMBERLAND COUNTY, PEP,`NSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 Civil Division: vs. No. 2009-5' ROBERTO IGLESIAS ORDER AND NOW, this .21 f4 day of , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, ROBERTO IGLESIAS, by: 1. Posting of the premises: 1 LIBERTY DRIVE, MOUNTY' HOLLY SPRINGS, PA 17065-1023 by the Sheriff or a non-party competent adult; 2. First class mail at the last known address, 97 LEEDS ROAD, NEWVILLE, PA 17241 and the mortgaged premises located at 1 LIBERTY DRIVE, MOUNTY HOLLY SPRINGS, PA 17065-1023; and a 4 3.5- Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file an affidavit with the Prothonotary's office to assure compliance with this court order. BY THE COURT: f I W- k ! ? i6 e4 Cc: ROBERTOIGLESIAS J. 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 97 LEEDS ROAD NEWVILLE, PA 17241-9547 PHS# 212682 3 ?e A Z r c U ? w N .? p ?O oo J Q? t? A w N ? ? y G M M iF iF N iF iF ?F * iF iF * ? tD 1 1110 ?lv z Z ? ? zz ? 7d ?? 7d a o r?rO M M l?• VV?ll F 0 ?? ? N C to? f? d `H , R V m O x ?O ? E O 0 V o ? ? ? r CA con m d y ? yC z o l o g w b o b H o 0 WTN.y gpWES 02 IM c 000427725r, $ 02. .,... o y ?a a. y v. z m 9 m O d 1 / O b .7 l + K ?C C R° 7x A 46 197 ,o z n? ..Meta FROM ZIP " f 2010 flD'F 19103 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- PHS # 212682 HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 4 DEFENDANT SEKVILL TEAM/ Imc ROBERTO IGLESIAS COURT NO.: CIVI1-09-5094 SERVE ROBERTO IGLESIAS AT: TYPE OF ACTION 1 LIBERTY DRIVE XX Notice of Sheriff's Sale MOUNT HOLLY SPRINGS, PA 17065-1023 SALE DATE: 1210 M10 ***PLEASE POST PER COURT ORDER*** SERVED Served and made known to ROBERTO SIAS , Defendant on the 7'k day of QQT6 AA 20 L, at t t , o'clock,. M., at ? lb Ktj Dot t yE in the manner described below: _ Defendant personally served. M7'- 15F 0406d. *, _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other aS3f-D On the o , 20_, at - o'clock _. M., Defendant NOT FOUND because: acant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Description: Age Height Weight Race Sex Other I, eK.DA" A6Z- - , a competent adult, being duly sworn according to law, depose and state that I personally P64VP ltmlded a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub bed KIMBERLY CURTY before me this day P6? NOTARY PUBLIC of Qe'i , 20L STATE, OF NEW JERSEY Notat3+:- B MY COMMISSION EXPIRES MARCH 7, 2013 NOT SER ED Sworn to and subscribed before me this day of6 By: Notary: ATTORNEYFOB PLAIATIFF Lawn eT.P11dMN,Biq, &No3= Feaadc S. Iar- Id. No am Dodd G. Sdw ft Aq, rd. No 67JB5 Mkk* M BNOW4 Faq., H. Na.6S6O JadM4 T. Baesaa, l0q., PL No X745 %wW A %sk.W , Fiq., hL Na 51760 Jedae & Dairy, F4q., 14 No 97111 Laewea & TaW4 ®eq., rd. No "M Vink Sdeafti Z q.1L Nw 2W31 Jay & Joaea Faq, Id. Ne. 9657 PeW I Mdeei7, Beq„ M. No. 61791 Aad,a,e L Sov=16 Ba4, Id. %a. U439 Jape MRla mm%Re%A No 50134 CYiowYMer FIWnt&q.,k1.NL%W Jain L Gddsr4 Faq., A Na. NSW Caerear7 & Dur, Faq. N. Ns. IOM Aadeew C Beaaa11e11, ri No.2M1T/5 OeJA. F. al S 1617 1400 Phbde"K PA M0.1814 (2W M34N0 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and. State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): November 2, 2010 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN.STANLEY ADS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS NOTICE TO: ROBERTO IGLESIAS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" Being Premises: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Being in BOROUGH OF MOUNT HOLLY SPRINGS Township, County of CUMBERLAND Commonwealth of Pennsylvania Parcel Number 1: 23-35-2316-125 Improvements consist of residential property. Sold as the property of ROBERTO IGLESIAS Your house (real estate) at 1 LIBERTY DRIVE. MOUNT HOLLY SPRINGS. QA 1 7065-1 023 is scheduled to be sold at the Sheriffs Sale on DECEMBER 0, ?Q1Q at 10:00 Ate,, at the CUMBERLAND County Courthouse to enforce the Court Jud morn of obtained by, DEUTSCHE ANK gNASTIONAL j j s EQe STANLEY B QCEfiTIP CA ES TR T mo gages , against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me thiiistt A -vyv Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 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 November 5, 2010 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. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 5 day of November, 2010 Notary ............. MOTMIAt =Elll DE 1 A COUM ft" Pubk CARLISLE 90ROM CtWWLAMO COLVMr Mlp "R IWSSI E*m Apr 2e, 2014 CUMBERLAND LAW JOURNAL NOTICE OF 8HXRIFr8 SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. CML-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: ROBERTO IGLESIAS Being Premises: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065- 1023. Being in BOROUGH OF MOUNT HOLLY SPRINGS Township, County of CUMBERLAND, Commonwealth of Pennsylvania. Parcel Number 1: 23-35-2316- 125. Improvements consist of residen- tial property. Sold as the property of ROBERTO IGLESIAS. Your house (real estate) at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is sched- uled to be sold at the Sheriff's Sale on DECEMBER 8, 2010 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $148,861.79 obtained by, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Nov. 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY -ILED Ronny R Anderson - -OFFICE r Sheriff +;17 PROTHOHOTfi `' ?$>vrr?tr of Cu?nG?,„fai?? r Jody S Smith 231 ! APR I I AN 10-' 33 Chief Deputy Richard W Stewart CU BE LAIQ COU,N i Y Solicitor PENNSYLVANIA Deutsche Bank National Trust Co. vs. Roberto Iglesias Case Number 2009-5094 SHERIFF'S RETURN OF SERVICE 10/13/2010 03:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1530 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of roberto Iglesias, located at, 1 Liberty Drive, Mt. Holly Springs, Cumberland County, Pennsylvania according to law 10/21/2010 11:25 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roberto Iglesias, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Roberto Iglesias, per current resident at 97 Leeds Road, Newville, PA, defendant was deported in November of 2009. 12/02/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/31/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/1/11. SHERIFF COST: $744.77 April 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?'?. SZ? ?cL S? CKA 8138-9 as n? l,,6 (c! GountySutte Snenff. Ie!eosoft Inc. DEUTSCHE BANK XATI6f?AL TRUST COMPANY AS 'TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff Z'. ROBERTO IGLESIAS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5094 CUMBERLAND COUNTY PHS # 212682 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I IvC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERTO IGLESIAS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 97 LEEDS ROAD NEWVILLE, PA 17241-9547 1 LIBERY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ PROBATION CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 MERS, INC. AS A NOMINEE FOR WMC P.O. BOX 2026 MORTGAGE CORP. FLINT, MI 48501-2026 WMC MORTGAGE CORP. 1 RAMLAND ROAD ORANGEBURG, NY 10962 WMC MORTGAGE CORP. 3100 THORNTON AVENUE BURBANK, CA 91504 WMC MORTGAGE CORP. P.O. BOX 54089 LOS ANGELES, CA 90054-0089 Name and address.of every other person who has any record lien on the property: Name Address (if address cannot be 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA FRANKLIN CREDIT MANAGEMENT CORPORATION MERS, INC. AS A NOMINEE FOR FRANKLIN CREDIT MANAGEMENT CORPORATION P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 101 HUDSON STREET 25TH FLOOR JERSEY CITY, NJ 07302 P.O. BOX 2026 FLINT, MI 48501-2026 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September,, 2010 By: Attorney for Plaintiff 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 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 VS. ROBERTO IGLESIAS Plaintiff Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5094 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERTOIGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241-9547 ROBERTO IGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 "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, 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 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $148,861.79 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot No. 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21,22,19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. Vested by Special Warranty Deed, dated 06/13/2006, given by Derrick R. March and Caroll Lerner a/k/a Caroll March, husband and wife to Roberto Iglesias, a single man and recorded 6/14/2006 in Book 275 Page 699 Instrument # 2006-021013 PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL NO. 23-35-2316-125 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5094 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. TURST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff (s) From ROBERTOIGLESIAS (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 $148,861.79 L.L.$.50 Interest from 7/28/10 to Date of Sale ($24.47 per diem) -- $3,278.98 Atty's Comm % Due Prothy $2.00 Atty Paid $227.60 Other Costs Plaintiff Paid Date: 9/8/10 4y Davi uell, Prothonotary (Seal) By: REQUESTING PARTY: Deputy Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 HK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA, Known and numbered as, 1 Liberty Drive, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator V 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 22, October 29, and November 5, 2010 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. r Lisa M Coyne, itor SWORN TO AND SUBSCRIBED before me this 5 day of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-5094 Civil Deutsche Bank National Trust Co., as Trustee for Morgan Stanley ABS Capital I, Inc., Trust 2006- HE7, Mortgage Pass-Through Certificates, Series 2006-HE7 vs. Roberto Iglesias Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09-5094, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STAN- LEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS, owner of property situate in the BOR- OUGH OF MOUNT HOLLY SPRINGS, Cumberland County, Pennsylvania, being 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Parcel No. 23-35-2316-125. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $148,861- .79. 57 'The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Patrl*ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 printea and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she 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: 2009.5094 Civil Term Deutsche Bank National Trust 10/15/10 iCo., as Trustee for Morgan i' Stanley ASS Capital 10/22/10 1, Inc., Trust 2006-HE7, 10/29/10 Mortgage Pass-Through l Cerliflcates, Series 2006-HE7, Roberto Iglesias Atty: Daniel G Schmleg By virtue of a writ of Execution NO. Sworn to ?af:idbscribed be me this 10day of overnber, 2010 A.D. CIVIL-09-5094 .. ' DEUTSCHE BANK NATIONAL TRUST - COMPANY AS TRUSTEE FOR MbRGAN STANLEY ABS CAPITAL I INC. TRUST - - 1 `? - 2006- HE7, MORTGAGE PASS-THROUGH Notary Public CERTIFICATES, SERIES 2006-HE7 VS. ROBERTO IGLESIAS owner(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, Cumberland COMMONWEALTH OF PENNSYLVArJIA County, Pennsylvania, being Notarial Seal (Municipality) Sherrie L Klsner, Notary Public i I LIBERTY DRIVE, MOUNT HOLLY F F Lower Paxton Twp., Dauphin County SPRINGS, PA 17065-1023 My Commission a0res Nov. 26 2031 Parcel No. 23-35-2316-125 Memtx r, Pennsylvania Association of Noterir- (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT. $148,861.79 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5094 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- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff (s) From ROBERTOIGLESIAS (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: $148,861.79 L.L.: Interest FROM 7/28/2010 TO DATE OF SALE ($24.47 PER DIEM) - $14,412.83 Atty's Comm: % Atty Paid: $99637 Plaintiff Paid: Due Prothy: $2.00 Other Costs: Date: DECEMBER 1, 2011 (Seal) REQUESTING PARTY: I 1)7a David D. Buell, Pr thonotary By: Deputy Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR COURT OF COMMON PLEAS MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 CIVIL DIVISION Plaintiff NO.: CIVIL-09-5094 v ROBERTO IGLESIAS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/28/2010 to Date of Sale ($24.47 per diem) TOTAL CUMBERLAND COUNTY _<@Ir $148,861.79 $14,412.83 Phelan Halli2!?L"chmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 212682 y5. cod C8F 33. to tit( 7y(/ 77 4 k 12. go 10.0v tih 10, 00 + 1 0.OpM 4 ly, oa, J-4. oo -? L. S? d a Clef I1"3?t6cm 42 o079-2 7 wn'+ Cy e?_ csued W N O ? N o V? W ' t ? W C , QU ? W W? ?? O ?O d d W d cW,7 O E-` U O G w ? r tdr7 :/1 ?. W ? r^ ? a o Wo xH a? o? ?;a o $ ° .Ca - d C` U PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 `b 215-563-7000 E 6 Iti a-a t! CC?Ui DEUTSCHE BANK NATIONAL TRUST COMPAl'NY'A``1?tkV8'JEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff V. ROBERTO IGLESIAS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-5094 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to authorities. ation to Phelann &_'Sthmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff v. ROBERTO IGLESIAS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-5094 CUMBERLAND COUNTY PHS # 212682 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. 1. Name and address of Owner(s) or reputed Owner(s):-; a Nj-. I ame Address (if address cannot be reasonably = {°"y ascertained, please so indicate) ROBERTO IGLESIAS 97 LEEDS ROAD r NEWVILLE, PA 17241-9547 "= (7) 1 LIBERTY DRIVE iv! MOUNT HOLLY SPRINGS, PA 17065-1023 ?, Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC FORMERLY - 3300 SW 34TH AVENUE, REGISTRATION SYSTEMS, INC. OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 MORTGAGE ELECTRONIC REGISTRATION P.O. BOX 2026 SYSTEMS, INC., ACTING SOLELY AS FLINT, MI 48501-2026 NOMINEE FOR WMC MORTGAGE CORP WMC MORTGAGE CORPORATION P.O. BOX 54089 LOS ANGELES, CA 90054-0089 WMC MORTGAGE CORPORATION WMC MORTGAGE CORPORATION - POST CLOSING WMC MORTGAGE CORPORATION C/O: HILLARY A. DEON 3100 THORNTON AVENUE BURBANK, CA 91504-3183 1 RAMLAND ROAD ORANGEBURG, NY 10962-2627 P.O. BOX 54089 LOS ANGELES, CA 90054-0089 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA I LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 MORTGAGE ELECTRONIC REGISTATION P.O. BOX 2026 SYSTEMS, AS A NOMINEE FOR FRANLIN FLINT, MI 48501-2026 CREDIT MANAGEMENT CORPORATION FRANKLIN CREDIT MANAGEMENT 101 HUDSON STREET CORPORATION 25T"' FLOOR JERSEY CITY, NJ 07302 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 the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities Date: k f?;o I By; Phelan H llin chr Allison F. Wells, Esq., Id Attorney for Plaintiff ?i No.309519 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 VS. ROBERTO IGLESIAS Plaintiff Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL-09-5094 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERTOIGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241-9547 ROBERTO IGLESIAS _0? 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 "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, 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 I LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is scheduled to be sold at the Sheriffs Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $148,861.79 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by fling 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS owner(s) of property situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, being (Municipality) 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Parcel No. 23-35-2316-125 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $148,861.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Roberto Iglesias, a single man, by deed from Derrick R. March and Caroll Lerner a/k/a Caroll March, husband and wife, dated 6/13/2006, recorded 6/14/2006 in Book 275, Page 699. PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL NO. 23-35-2316-125 DEUTSCHE BANK NATIONAL, TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, PLAINTIFF V. ROBERTO IGLESIAS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5094 CIVIL ORDER OF COURT AND NOW, this 5th day of January, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 26, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner 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, 'Robert W. Cusick, Esquire Attorney for Plaintiff ?Roberto Iglesias Defendant 6api es Yvt4 red j.-!O a M. L. Ebert, Jr., J. -°tv t-- : U'r Ln 3 7%C? c-N PG y o bas at, ?RID 1 ? A? g: 53 2012 N ?? A Zjj%L P00ASyD L Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-5094 vs. ROBERTO IGLESIAS Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 5, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ROBERTO IGLESIAS ROBERTO IGLESIAS 97 LEEDS ROAD I LIBERTY DRIVE NEWVILLE, PA 17241-9547 MOUNT HOLLY SPRINGS, PA 17065-1023 Phelan Hallinan S ieg, LLP DATE: I By: Shee R. Shah-Ja Esquire Attorney for Plaintif 212682 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 HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 CUMBERLAND County Plaintiff No.: CIVIL-09-5094 (7) vs. Lr. ROBERTO IGLESIAS -7' Defendant y, ?'• ORDER AND NOW, this q day of 2012, upon consideration of Plamtff-rs r- Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered K 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 tunc as follows: Principal Balance $130,144.35 Interest Through March 7, 2012 $29,632.23 Per Diem $23.09 Late Charges $126.27 Legal fees $2,175.00 Cost of Suit and Title $744.77 Sheriffs Sale Costs $2,244.77 Property Inspections $510.00 Property Preservation $2,634.42 Suspense/Misc. Credits ($121.40) Escrow Deficit $16,925.12 TOTAL $185,015.53 Plus interest from March 7, 2012 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. AA50A Rt be,- 4 roc fts:a s ) es rma. (-m z l91ja BY THE COURT: N1 J. l )?_/;/_L 212682 TiCE t i° ME F`iIOTHO O I>?RY PHELAN 1 ALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 1,212 FEB 15 AM 6t 9r&ey for Plaintiff ' JMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff, V. ROBERTO IGLESIAS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: CIVIL-09-5094 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or CertiffwA Mail Return Receipt stamped by the U.S. Postal Service is att ched ?ereto Exhibit issa J. Cantwell, Esquire Attorney for Plaintiff Date: IMPORTANT ?OTICE: 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. 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G Q r. 4 h V ? z 1 ?I lN- ?1 a Q a a +?+ v ? y ,? a Cy / 1 o = 7 m a A w R! w K € ` rn Z irl .--? a? i ? a aG ? ? ?¢ ( .l CJ? a rr i ¢ ? ? ' w w w O c O eet ? ? z z a a °' o? y lD Ry ^p t,., U N N 0 u c LO ? u O c ?. v U U ti ? ?Cy, U C ?R+ N C G 7 G ?? C ~ K G C ? c a G c n = b c c ? u £ m V ? w0 c O n ? O v bG0 O 'G C U € - C C LLG ` K ? A ? rr? y.C G? '? v vVll L1? of 00 N N J rI E'DNIOTPk? PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AL COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff VS. ROBERTO IGLESIAS Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5094 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to ROBERTO IGLESIAS on 2/7/2012 at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 and 97 LEEDS ROAD, MOUNT HOLLY SPRINGS, PA 17065-1023 in accordance with the Order of Court dated 5/21/2010. The property was posted on 2/11/2012. Publication was advertised in THE SENTINEL on2/9/2012 & in CUMBERLAND LAW JOURNAL on 2/17/2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. ?1 Phelan llina chmieg, LLP DATE: J A `a By: ?- Matthe $ru w d, Esquire Attorney feI_ tlai f IN TIC COURT OF COMMON PLEAS CUMBEEARErCOUNTY, PET14NSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 Civil Division. SG? f vs. No.2009-4064-- ROBERTO IGLESIAS ORDER AND NOW, this_ c7 / S-4 day of 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, ROBERTO IGLESIAS, by: 1. Posting of the premises: 1 LIBERTY DRIVE, MQUNTY HOLLY SPRINGS, PA 17065-1023 by the Sheriff or a non-party competent adult; 2. First class mail at the last known address, 97 LEEDS ROAD, NEWVILLE, PA 17241 and the mortgaged premises located at 1 LIBERTY DRIVE, MOUNTY HOLLY SPRINGS, PA 17065-1023; and aia"(9 ?Y 2 I f . V 40 3.5 Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file an affidavit with the Prothonotary's office to assure compliance with this court order. BY THE COURT: Cc: ROBERTOIGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 97 LEEDS ROAD NEWVILLE, PA 17241-9547 PHS# 212682 3 A It J. a-l ??Y FBI i O H n ?I MCI y O "v, -l r' n N ti . z •- w _ N O 00 J Q C.h A w N r y .? a n c C4 n r tn. CD CD b p r c) Ctotr ??Gd z a= c zr? k- Z cr ro n N CrJ ?T+ .? p r p a a °?, ?, y oon ?o? N p av? C6 z J ? J o C ?' O a 0 W 0 EY fSOWE.` PITN .03° Co?)?42 77256 FEB07 :C'^.2 rp ' ILED F ROM ZIP C ODE 1 ' Mp . 0 ?a ? y a I I Epx Y A b' r a? r z W= z w n C "' C17 A A O 0 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- PHS # 212682 HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 DEFENDANT ROBERTO IGLESIAS SERVICE TEAM/ lxh COURT NO.: CIVIL-09-5094 SERVE ROBERTO IGLESIAS AT: TYPE OF ACTION I LIBERTY DRIVE XX Notice of Sheriff's Sale MOUNT HOLLY SPRINGS, PA 17065-1023 SALE DATE: June 6, 2012 "PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER" SERVED Served and made known to ROBERTO IGLESIAS, Defendant on the l ltday of 20 L, at _LL O, o'clock A. M., at 1 Li Ali&W hA, Mr t.w 57W ?4 in the manner described below: - Defendant personally served - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. JV Other: 6STf-D PRb>??kt 1?. Descr tion: Age Height Weight Race Sex Other _ POST" I, hN W a competent adult, hereby verify that I personally handed a true and correct copy of the Notice' of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the enallies of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /1, DATE: 4( NAME: V' PRINTED NAME: /? KUNwfC?d?0 TITLE: PP6 05 NOT SERVED On the day of , 20_, at - o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 9, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a* to time, place and character of publication a e. AOV/i- Sworn AI)J t and I?tj? before me this (Z My commission expires: Notary Public NOrARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 Y . %I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 February 17, 2012 a isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 17 day of February, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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. g.?i ... - y _.,. 5 . , ... f ? CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: ROBERTO IGLESIAS Being Premises: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Being in THE BOROUGH OF MOUNT HOLLY SPRINGS, County of CUMBERLAND, Commonwealth of Pennsylvania, 23-35-2316-125. Improvements consist of residen- tial property. Sold as the property of ROBERTO IGLESIAS. Your house (real estate) at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is sched- uled to be sold at the Sheriff's Sale on June 6, 2012 at 10:00 A.M., at the CUMBERLAND County Court- house, 1 Courthouse Square, Car- lisle, PA 17013, to enforce the Court Judgment of $148,861.79 obtained by, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Feb. 17 10 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r ?t cumb, ",.144 LOS,, +7 vd i?f RLA J a ,,;: !? i +r PENNsYLY!, It Deutsche Bank National Trust Co. vs. Case Number Roberto Iglesias 2009-5094 SHERIFF'S RETURN OF SERVICE 01/03/2012 04:11 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1 Liberty Drive, Mount Holly Springs, Cumberland County, PA 17065. 02/07/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Roberto Iglesias, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 97 Leeds Road, Penn Township, Newville, PA 17241. 02/07/2012 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/6/2012 02/21/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 05/03/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $702.46 SO ANSWERS, May 21, 2012 RON R ANDERSON, SHERIFF 1? 7f 574 PSD )e-? ?.S5sy ,c; CourfySoi Lea, Shen'1. to eosott. In - DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FO)2 MORG, N STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff V. ROBERTO IGLESIAS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-5094 CUMBERLAND COUNTY PHS # 212682 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERTO IGLESIAS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 97 LEEDS ROAD NEWVILLE, PA 17241-9547 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC FORMERLY - 3300 SW 34TH AVENUE, REGISTRATION SYSTEMS, INC. OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 MORTGAGE ELECTRONIC REGISTRATION P.O. BOX 2026 SYSTEMS, INC., ACTING SOLELY AS FLINT, MI 48501-2026 NOMINEE FOR WMC MORTGAGE CORP WMC MORTGAGE CORPORATION P.O. BOX 54089 LOS ANGELES, CA 90054-0089 WMC MORTGAGE CORPORATION WMC MORTGAGE CORPORATION - POST CLOSING WMC MORTGAGE CORPORATION C/O: HILLARY A. DEON 3100 THORNTON AVENUE BURBANK, CA 91504-3183 1 RAMLAND ROAD ORANGEBURG, NY 10962-2627 P.O. BOX 54089 LOS ANGELES, CA 90054-0089 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 MORTGAGE ELECTRONIC REGISTATION P.O. BOX 2026 SYSTEMS, AS A NOMINEE FOR FRANLIN FLINT, MI 48501-2026 CREDIT MANAGEMENT CORPORATION FRANKLIN CREDIT MANAGEMENT 101 HUDSON STREET CORPORATION 25' FLOOR JERSEY CITY, NJ 07302 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 the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities Date: AL By: r ?11 Phelan H llin chr Allison F. Wells, Esq., Id Attorney for Plaintiff No.309519 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff ROBERTO IGLESIAS VS. Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL-09-5094 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERTOIGLESIAS ROBERTO IGLESIAS 97 LEEDS ROAD 1 LIBERTY DRIVE NEWVILLE, PA 17241-9547 MOUNT HOLLY SPRINGS, PA 17065-1023 "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, 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 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $148,861.79 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 VS. ROBERTO IGLESIAS owner(s) of property situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, being (Municipality) 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Parcel No. 23-35-2316-125 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $148,861.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Roberto Iglesias, a single man, by deed from Derrick R. March and Caroll Lerner a/k/a Caroll March, husband and wife, dated 6/13/2006, recorded 6/14/2006 in Book 275, Page 699. PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL NO. 23-35-2316-125 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5094 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- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff (s) From ROBERTOIGLESIAS (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: $148,861.79 L.L.: Interest FROM 7/28/2010 TO DATE OF SALE ($24.47 PER DIEM) - $14,412.83 Atty's Comm: % Atty Paid. $996.$7 Plaintiff Paid: Date: DECEMBER 1, 2011 (Seat) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 Due Prothy: $2.00 Other Costs: I David D. Buell, ?rothonotary TRUE COPY FROM RECORD In Tesrmcny whereof, 1 here unto set my hand and the sgai of said ,qurct?at Carlislea? , Ti,is? -F day of?.JQrothono?tary On December 15, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Borough, Cumberland County, PA, Known and numbered as, 1 Liberty Drive, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 15, 2011 By: Real Estate Coordinator 81? cj C -G i IIIZ CUMBERLAND LAW JOURNAL Writ No. 2009-5094 Civil Term Deutsche Bank National Trust Company As Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE7, Mortgage Pass-Through Certificates, Series 2006-HE7 vs. Roberto Iglesias Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL-09-5094, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STAN- LEY ABS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS owner(s) of property situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, being 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Parcel No. 23-35-2316-125. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $148,- 861.79. 53 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland. Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 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, Ed' or SWORN TO AND SUBSCRIBED before me this 10 da of Februai 2012 Notary F OTARIAL SEA ORAH A COLLINS Notary Public UGH, CUMBERLAND COUNTY ion Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO SHERIF=S OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE FA 17013 z4fPatriot-.lews 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 Holly Blain, being duly sworn accorcing to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland. State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854; and September 18th, 194 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/ Community Weekly editions which appeared on the date(s) indicated below That neither she nor said Company is interested in the subject matter Df 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 she 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. 2009.5094 Clvll Term Deutsche Bank National Trust Company as Trustee for Morgan Stanley ASS Capital I Inc. Trust 2006-HE7, Mortgage Pass- Through Certificates, Series 2006-HE7 VS Roberto Iglesias Atty. Daniel Schmleg By virtue of a Writ of Execution NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 VS. ROBERTO IGLISIAS owner(s) of property situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, being (Municipality) 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Parcel No. 23-35-2316-125 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $148,861.79 This ad ran on the date(s) shown below: 01/27/12 02/03/12 02/10/12 Sworn to and subscribed before me this 24 day of February. 2012 A.D Notary Public %OMMONWEALTH OF PEPIPt5yU/AlVIA _,-. ntptariai Seal Public Sherrie L Owens, Notary t OWO Paxton Twp•, Dauphin, county _ Expires Nov. A2015 yFM NM Y!- _VFN , r°gSOr? OM OP 40TARIFS WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-5094 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-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff (s) From ROBERTOIGLESIAS (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: $185,015.53 L.L.: Interest Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,724.83 Other Costs: Plaintiff Paid: Uate: 8/? 1. /12 David D. Buell, Prothonotary (Seal) ~~~t ~i~lt~ Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR COURT OF COM MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 CIVIL DIVISION Plaintiff NO.: CIVIL-09-50 v. ROBERTO IGLESIAS CUMBERLAND Defendants} To the Prothonotary: Issue writ of execution in the above matter: Amount Due TOTAL Note: Please attach description of property. PHS # 212682 p ~s.c~ ~,~ ~~~, ~8 . so «„ 10•ooK,~ 1~' ~ tc r 10•v° ~y.oocc a`~~°°"~3~ ~ ~ ,~ a~ eti ~:. c _ $185,015.53 ~" ~ ~~ ~A -< w - '~v a a~ ~ X185 015. ~ --i ~ -t o Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff ~ 1. a.S ~ (.o~. ~~a~g 1~1~,~df PLEAS e.^ --~ -s rte -ca ~~ --~ c~ ~-:~ '~ ~: r+-, ~:;: ..;,. ~f~~ ~c pip °o N ~'' W W~ W ~ C/2 C/~ W ~' U O~ d wx H ~~ F ~', d ~ a ~ d~ d C7 ~ O W O ~ ~y1 ~" ~~ r az F~ o z a g Q ~H H~ oz wQ z~ H ~ O U x ~ ; W~ H ~~ ~~~ r~ ~,~ OO '~' W~ ~ ~ a ~. ~a per, E,,, Q W ~~ h W ~ ~ Q U A U ~ ~ m N O v~ ~O O N ~ y ~ V2 ,S] ~. ~ ~ W a ~> ~. aka ~, ~Q.~ .~ o~z ~ ~~~- w`~~ ~~o ~~~ O WV ~C .~ W~ W ~ O o u 3w Q °~ w trr W a a 0 ..~ ~° ~~ ~3 ur .5 o w ~ a a ~ ~~<CQ _ _ _ _ _ r PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard Suite 1400 ~ ~~-~°~~ ~Ol- ~ }1;~ One Penn Center Plaza '~ {~ ~~ ~`~ IRO THONt1 TA ~ Philadelphia, PA 19103 ZQ ~ 2 Q~~ ~~ Q~9 ! ~ : ~ ~ 215-563-7000 ~~~~~R~.~N~c u~rr~ DEUTSCHE BANK NATIONAL TRUST COMPAN~I['I4~'~E FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff v. ROBERTO IGLESIAS Defendant(s) CERTIFICATION Attorneys for Plaintif~ COURT OF CIVIL DIVISION NO.: CUMBERLAND The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above. matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 39 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 authorities. PLEAS 13 to Phelan~llinan & Schmieg, LLP Alliso F. Wells, Esq., Id. No.309519 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland Co Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associ Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of--way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a c e to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yank Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated ri t of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lo No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Pl of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Roberto Iglesias, a single man, by deed from Derrick R. March and Caroll Lerner a/k/a Caroll March, husband and wife, dated 6/13/2006, recorded 6/14/2006 Book 275, Page 699. PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL NO.23-35-2316-125 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTII;E FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff v. ROBERTO IGLESIAS Defendant(s) COURT OF COMMON . CIVIL DIVISION . NO.: CIVIL-09-5094 . CUMBERLAND PHS # 212682 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff in the above action, by tti undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning tJ property located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Name and address of Owner(s) or reputed Owner(s): Name 2. ROBERTO IGLESIAS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably C ascertained, please so indicate) ~-~ ~ - 1 LIBERTY DRIVE ~. ~ N -,.~ MOUNT HOLLY SPRINGS, PA 17065-1 0~ w~~ ~ ~~ 97 LEEDS ROAD r- .~.~ ~ w -- z NEWVILLE, PA 17241-9547 p G 7a~ ~ ~ ~, 1' ~ ~Q ~ J ~Z Address (if address cannot be reasonably '~ µC -- ; ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION FORMERLY - 3300 SW 34TH AVENUE, OCALA, SYSTEMS, INC. FL 34471 AS OF 12/6/10 -1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 MORTGAGE ELECTRONIC REGISTRATION P.O. BOX 2026 SYSTEMS, INC., ACTING SOLELY AS FLINT, MI 48501-2026 NOMINEE FOR WMC MORTGAGE CORD WMC MORTGAGE CORPORATION WMC MORTGAGE CORPORATION P.O. BOX 54089 LOS ANGELES, CA 90054-0089 3100 THORNTON AVENUE BURBANK, CA 91504-3183 INC. real rTt i~ WMC MORTGAGE CORPORATION -POST 1 RAMLAND ROAD CLOSING ORANGEBURG, NY 10962-2627 t WMC MORTGAGE CORPORATION C/O P.O. BOX 54089 HILLARY A. DEON LOS ANGELES, CA 90054-0(189 5. Name and address of every other person who has any record lien on the property: Name 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 affecte Name 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 affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 FRANKLIN CREDIT MANAGEMENT 101 HUDSON STREET CORPORATION 25TH FLOOR JERSEY CITY, NJ 07302-3915 MORTGAGE ELECTRONIC REGISTRATION P.O. BOX 2026 SYSTEMS, INC., AS A NOMINEE FOR FLINT, MI 48501-2026 FRANKLIN CREDIT MANAGEMENT CORPORATION Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal 1 information and belief. I understand that false statements herein are made subject to the penalties of 18 4904 relating to unsworn falsification to authorities. Date: Phelan Haliiead& Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff v the sale. may be vledge or C.S.A. § DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH C~RT;~ICATES, SERIES 2006-HE7 Plaintiff ROBERTO IGLESIAS vs. Defendant(s) COURT OF COMMON CIVIL DIVISION NO.: CIVIL-09-5094 CUMBERLAND COUN" • c N ~ ~ - Nr- c ~ w ~~ r~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~° ~ o :- TO: ROBERTO IGLESIAS ROBERTO IGLESIAS ~' ~ ~, 1 LIBERTY DRIVE 97 LEEDS ROAD ~ -" MOUNT HOLLY SPRINGS, PA 17065-1023 NEWVILLE, PA 17241-9547 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION i WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN>i THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-102; scheduled to be sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Court South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $185,015.53 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERI; HE7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, co reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 a 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 have of stopping the sale. (See notice on page two on how to obtain an attorney.) -.~ ~« -^r't C'+"! ~.. 4 --a cT, ~~ q -rt ~~~: ,~., ~TAINED JPTCY, VLY is souse, ABS ~2006- aid sale and will EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE __ 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the 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 c mpared 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 ut if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope~ty 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 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in ace rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t e Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 _ _ __ _ _ _-- T SHORT DESCRIPTION r By virtue of a Writ of Execution NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS owner(s) of property situate in the MT HOLLY SPRINGS BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Parcel No. 23-35-2316-125 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $185,015.53 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION f ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of--way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curv to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated nigh of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of--way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Roberto Iglesias, a single man, by deed from Derrick R. March and Caroll Lerner a/k/a Caroll March, husband and wife, dated 6/13/2006, recorded 6/14/2006 Book 275, Page 699. PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL N0.23-35-2316-125 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson j Sheriff ,4ti��ti�r a9 �.r�srrC+rr���r �� Jody S Smith 4 t pP -3 x'11 2: Chief Deputy Richard W Stewart Solicitor 'C � f Deutsche Bank National Trust Co. vs Case Number Roberto Iglesias 2009-5094 SHERIFF'S RETURN OF SERVICE 09/18/2012 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Roberto Iglesias, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 1 Liberty Drive, Mount Holly Springs, PA 17065, defendant was deported. 09/27/2012 06:59 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1 Liberty Drive, Mount Holly Springs Borough, Mount Holly Springs, PA 17065, Cumberland County. 11/27/2012 As directed by Daniel G Schmieg,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/6/2013 01/28/2013 As directed by Daniel G Schmieg,Attorney for the Plaintiff, Sheriff's Sale Continued to 4/3/2013 03/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. SHERIFF COST: $824.48 SO ANSWERS, March 28, 2013 RbNW R ANDERSON, SHERIFF I I l DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES, SERIES 2006-HE7 Plaintiff NO.: CIVIL-09-5094 V. CUMBERLAND COUNTY ROBERTO IGLESIAS . Defendant(s) PHS #212682 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-HE7,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1023. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) ROBERTO IGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1023 97 LEEDS ROAD NEWVILLE,PA 17241-9547 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) 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 Address(if address cannot be reasonably ascertained,please indicate) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) MORTGAGE ELECTRONIC REGISTRATION FORMERLY-3300 SW 34TH AVENUE,OCALA, SYSTEMS,INC. FL 34471 AS OF 12/6/10-1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 MORTGAGE ELECTRONIC REGISTRATION P.O.BOX 2026 SYSTEMS,INC.,ACTING SOLELY AS FLINT,MI 48501-2026 NOMINEE FOR WMC MORTGAGE CORP WMC MORTGAGE CORPORATION P.O.BOX 54089 LOS ANGELES,CA 90054-0089 WMC MORTGAGE CORPORATION 3100 THORNTON AVENUE BURBANK,CA 91504-3183 t WMC MORTGAGE CORPORATION-POST 1 RAMLAND ROAD CLOSING • ORANGEBURG,NY 10962-2627 WMC MORTGAGE CORPORATION C/O P.O.BOX 54089 HILLARY A. DEON LOS ANGELES,CA 90054-0089 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1023 FRANKLIN CREDIT MANAGEMENT 101 HUDSON STREET CORPORATION 25TH FLOOR JERSEY CITY,NJ 07302-3915 MORTGAGE ELECTRONIC REGISTRATION P.O.BOX 2026 SYSTEMS,INC.,AS A NOMINEE FOR FLINT,MI 48501-2026 FRANKLIN CREDIT MANAGEMENT CORPORATION Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: -- Phelan Ha &Schmieg,LLP Allison F. Wells,Esq.,Id.No.309519 Attorney for Plaintiff f DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES, SERIES 2006-HE7 NO.: CIVIL-09-5094 Plaintiff VS. CUMBERLAND COUNTY ROBERTO IGLESIAS . Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERTOIGLESIAS ROBERTOIGLESIAS 1 LIBERTY DRIVE 97 LEEDS ROAD MOUNT HOLLY SPRINGS,PA 17065-1023 NEWVILLE, PA 17241-9547 "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, 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 1 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1023 is scheduled to be sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$185,015.53 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2006-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006- HE7(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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-5`63-7000. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 1 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS owner(s) of property situate in the MT HOLLY SPRINGS BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 1 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1023 Parcel No. 23-35-2316-125 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $185,015.53 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs,Cumberland County, Pennsylvania,bounded and described in accordance with a Plan prepared by Walter N.Heine Associates, Inc.,dated December 8, 1989,and recorded in Plan Book 64,Page 90,as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19;thence along Liberty Drive,North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point;thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet;thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No.21;thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument,said point common to Lots 21,22, 19,and 20;thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive;the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No.20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Roberto Iglesias,a single man,by deed from Derrick R. March and Caroll Lerner a/k/a Caroll March,husband and wife, dated 6/13/2006,recorded 6/14/2006 in Book 275, Page 699. PREMISES BEING: 1 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1023 PARCEL NO.23-35-2316-125 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAT TH OF PENNSYLVANIA) NO. 09-5094 Civil COUNTi,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-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-HE7 Plaintiff(s) From ROBERTOIGLESIAS (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: $185,015.53 L.L.: Interest Atty's Comm: % Due Prothy: $2.25 Arty Paid: $1,724.83 Other Costs: Plaintiff Paid: Date: 8/31/12 0 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS,ESQUIRE Address: PHELAN HALLINAN& SCHMIEG, LLP 1617 JFK BOULEVARD,SUITE 1400 PHILADELPHIA,PA 19103 TRUE COPY FROM RECORD Attorney for: PLAINTIFF In Testimony whareof,1 here unto set my hand and the I of said Court at Carlisle,Pa. Telephone: 215-563-7000 This J� day of �20 / Supreme Court ID No.309519 Proth rota ry On September 5, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Mount Nally Springs Borough, Cumberland-County, PA, known and numbered 1 Liberty Drive, Mount Holy Springs, PA 17005 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2012 By: Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2009-5094 Civil Term DEUTSCHE BANK NATIONAL TRUST CO. vs. ROBERTO IGLESIAS Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09-5094, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STAN- LEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2006-HE7 vs. ROBERTO IGLESIAS, owner(s) of property situate in the MT HOLLY SPRINGS BOROUGH, Cumberland County, Pennsylvania, being 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Parcel No.23-35-2316-125. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$185,015- .53. 54 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 26, November 2 and November 9, 2012 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. 9'a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day of November, 2012 Notary F TARIAL SEAL RAH A COLLINS Notary Public UGH,CUMBERLAND COUNTY ion Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy i4e atr1*otA%,Xews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS 01`�=10E CUMBERLAND COUNTY CO JRT HOUSE CARLISLE P1_11 1701- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commcnwealth of Pennsylvania, Countv of Dauphin} ss Holly Blain, being duly sworn accord ng to !aw, deposes and says: That she is a Staff Accountant of The Patr of News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland. State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement cr 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. Y009BA CMI Term This ad ran on the date(s) shown below: DEUSCHE BANK NATIONAL TR ST CO. 10/26/12 VS. ROBERTO IGLESIAS 11/02112 Atty: Dame/G Schmleg ' 11/09!12 By virtue of a Writ of Execution N0. � CIVIL-09-5094 —� l - DEUTSCHE BANK NATIONAL - . . . . . ._ . . . . . . . . . . . . . . . . . . TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST Sworn to and subscribed before/)me'this 19 day of November 2012 A.D. 2006-HE7,MORTGAGE PASS- THROUGH CERTIFICATES,SERIES - r 2006-HE7 y VS. _ ROBERTOIGLESIAS Notary Public owner(s)of property situate in the MT HOLLY SPRINGS BOROUGH, Cumberland County,Pennsylvania,being :G€�MUlbl"1F� (Municipality) - L.TfiH 101"PENNSY L VT� 1 LIBERTY DRIVE,MOUNT t LLY "�totarle!.`,ea; "- SPRINGS,PA 17065-1023 S crrrr r)vrens Notary putbiic Parcel No.23-35-2316-125 at_e,aaXtWr Twp. Dauphin Court (Acreage or street address) t''Y CoIPMi'lsion Ex ices Nov.26,20 15 Improvements thereon:RESIDENTIAL Rtf� ` "R S a .'��'� S RGCtA-ION 0 N(TAj rjPS DWELLING JUDGMENT AMOUNT:$185,015.53 ti PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2006 - HE7 Plaintiff v. ROBERTO IGLESIAS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL -09 -5094 CUMBERLAND COUNTY PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated 02/09/2012 in favor of the Plaintiff and against, Roberto Iglesias, defendant(s). As Set Forth in the Order $185,015.53 PH # 706534 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006 - HE7, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2006 -HE7 Plaintiff vs. ROBERTO IGLESIAS Defendant Court of Common Pleas Civil Division CUMBERLAND minty No.; CIVIL- 09 -50i ORDER AND NOW, this 9` day of r h , 2012, 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 Plaintiffs 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 Interest Through March 7, 2012 Per Diem $23.09 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Suspense/Misc. Credits Escrow Deficit $130,144.35 $29,632.23 $126.27 $2,175.00 $744.77 $2,244.77 $510.00 $2,634.42 ($121.40) $16,925.12 TOTAL $185,015.53 Plus interest from. March 7, 2012 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: /S/ (74 . . J, 212682 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 b I U. SO AiSciLl. 11 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff V. ROBERTO IGLESIAS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/08/2012 to Date of Sale ($30.41 per diem) TOTAL Note: Please attach description of property. PH # 706534 tIQP5o pd HS.10b e2F 00 " 4 ti t.0 " g29. LIP Ij (0 , 00 ik oc) N 00 1( " r?ig, 00 U DLt cyz.) L el : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL-09-5094 CUMBERLAND COUNTY $185,015.53 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1I616e d). ekit 37P6'ko PIL SCHULLt R4L-fm53/ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right-of-way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right-of-way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Robert Iglesias, a single man, by Deed from Derrick R. March and Caroll Lerner, nka Caroll March, h/w, dated 06/13/2006, recorded 06/14/2006 in Book 275, Page 699. PREMISES BEING 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 PARCEL NO. 23-35-2316-125. PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 2814 APR 2 I Sri IG: 37 CL! +ti3ERLAND CNN Y PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE : FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006 - HE7, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2006 -HE7 Plaintiff v. ROBERTO IGLESIAS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL -09 -5094 CUMBERLAND COUNTY The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: /Y/t•\ - Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff V. ROBERTO IGLESIAS Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-5094 CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERTO IGLESIAS 2. Name and address of Defendant(s) in the judgment: Name ROBERTO IGLESIAS 3. Name and last known Name 97 LEEDS ROAD NEWVILLE, PA 17241-9547 Address (if address cannot be reasonably ascertained, please so indicate) 97 LEEDS ROAD NEWVILLE, PA 17241-9547 rr -73 rn t` r4-. ..nrJ : OIL N.) address of every judgment creditor whose judgment is a record lien on the real p$245?rty to-be CUMBERLAND COUNTY ADULT PROBATION DEPARTMENT OF THE TREASURY- INTERNAL REVENUE SERVICE Address (if address cannot be reasonably ascertained, please indicate) 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 7105 CORPORATE DRIVE PLANO, TX 75024 c") cp 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC FORMERLY - 3300 SW 34TH AVENUE, REGISTRATION SYSTEMS, INC. OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 MORTGAGE ELECTRONIC REGISTRATION P.O. BOX 2026 SYSTEMS, INC., ACTING SOLELY AS FLINT, MI 48501-2026 NOMINEE FOR WMC MORTGAGE CORP WMC MORTGAGE CORPORATION WMC MORTGAGE CORPORATION PH # 706534 P.O. BOX 54089 LOS ANGELES, CA 90054-0089 3100 THORNTON AVENUE BURBANK, CA 91504-3183 C.> WMC MORTGAGE CORPORATION - POST CLOSING WMC MORTGAGE CORPORATION C/O HILLARY A. DEON 1 RAMLAND ROAD ORANGEBURG, NY 10962 -2627 P.O. BOX 54089 LOS ANGELES, CA 90054 -0089 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT /OCCUPANT BANK OF AMERICA, N.A. 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 -1023 1800 TAPO CANYON ROAD MAIL ID# CA -6- 914 -01 -43 SIMI VALLEY, CA 93063 -6712 MORTGAGE ELECTRONIC REGISTRATION P.O. BOX 2026 SYSTEMS, INC., AS A NOMINEE FOR BANK FLINT, MI 48501 -2026 OF AMERICA, N.A. DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108 -1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: �� /ti/ PH # 706534 By: 4,-ev‘r-1 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2006 -HE7 ROBERTO IGLESIAS vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL -09 -5094 Plaintiff : : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERTO IGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 -1023 ROBERTO IGLESIAS 97 LEEDS ROAD NEWVILLE, PA 17241 * *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, 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 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065 -1023 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $185,015.53 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006 - HE7, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2006 - HE7 (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 Sheriff's Sale, you must take immediate action: I. The sale will be canceled 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 x1230. 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. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid thy 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 215 -563 -7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 V. ROBERTO IGLESIAS owner(s) of property situate in the MT HOLLY SPRINGS BOROUGH, CUMBERLAND County, Pennsylvania, being 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Parcel No. 23-35-2316-125. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $185,015.53 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on the eastern right -of -way line of Liberty Drive at corner of Lot No. 19; thence along Liberty Drive, North 19 degrees 32 minutes 50 seconds West 60.00 feet to a point; thence by a curve to the right creating the intersection of Liberty Drive with the southern dedicated right of way line of Yankee Drive having a radius of 25.00 feet and arc distance of 42.32 feet; thence along the southern dedicated right of way line of Yankee Drive having a radius of 213.89 feet and an arc distance of 58.91 feet to a point at Lot No. 21; thence along Lot 21, South 28 degrees 19 minutes 36 seconds East 86.74 feet to a concrete monument, said point common to Lots 21, 22, 19, and 20; thence along Lot No. 19, South 70 degrees 27 minutes 10 seconds West 100.00 feet to a point on the eastern right -of -way line of Liberty Drive; the Place of BEGINNING. CONTAINING 0.1778 acre and designated as Lot No. 20 on Plan of Liberty Woods. TITLE TO SAID PREMISES VESTED IN Robert Iglesias, a single man, by Deed from Derrick R. March and Carol] Lerner, nka Caroll March, h/w, dated 06/13/2006, recorded 06/14/2006 in Book 275, Page 699. PREMISES BEING: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065 -1023 PARCEL NO. 23 -35- 2316 -125. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006 -HE7, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2006 -HE7 Vs. NO 09 -5094 Civil Term CIVIL ACTION — LAW ROBERTO IGLESIAS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section, 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $185,015.53 L.L.: Interest FROM 3/8/12 TO DATE OF SALE ($30.41 PER DIEM) Atty's Comm: Atty Paid: $2,594.31 Plaintiff Paid: Date: 4/21,'1.4 (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215 -563 -7000 Supreme Court ID No. 203034 Due Prothy: $2.25 Other Costs: .424A4:CLTh David D. Buell, Prothonotary By: Deputy PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 OFICE:. 1 N 0 r R TO JUL 28 AN 10: 02 CUNBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICA l'ES, SERIES 2006-HE7 Plaintiff vs. ROBERTO IGLESIAS Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL -09-5094 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)1403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to ROBERTO IGLESIAS on 6/6/2014 in accordance with the Order of Court dated 5/21/2010. The property was posted on 5/18/2014. Publication was advertised in The Cumberland Law Journal on6/13/2014 & in The Sentinel on 6/13/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: By: Adam H. H. Davis, Esq., Id. No.203034 Attorney for Plaintiff MAY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- HE7 Civil Division_. vs. No. 2009-564-- S 644 ROBERTO IGLESIAS ORDER AND NOW, this 07 f*4'4. day of , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, ROBERTO IGLESIAS, by: 1. Posting of the premises: 1 LIBERTY DRIVE, MOUNTY HOLLY SPRINGS, PA 17065-1023 by the Sheriff or a non-party competent adult; 2. First class mail at the last known address, 97 LEEDS ROAD, NEWVILLE, PA 17241 and the mortgaged premises located at 1 LIBERTY DRIVE, MOUNTY HOLLY SPRINGS, PA 17065-1023; and 2 3.` Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file an affidavit with the Prothonotary's office to assure compliance with this court order. Cc: ROBERTO IGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 97 LEEDS ROAD NEWVILLE, PA 17241-9547 BY THE COURT: PHS# 212682 3 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- PH # 706534 HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 DEFENDANT ROBERTO IGLESIAS SERVE ROBERTO IGLESIAS AT: 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1023 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** SERVICE TEAM/ lxh.. COURT NO.: CIVIL -09-5094 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to ROBERTO IGLESIAS, Defendant on the Ie"day of /L r4 1 , 20 14, at g-% 2S , o'clock M., at I Li 6 ERt y DR t V. , in the manner described below: Defendant personally served. Att. Hoc44 SP4 N4s PA). Adult family member with whom Defendant(s) reside(s). Relationship is . _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company:: Z. Other: Ra5" ,0 •Pabei<Qll Description: Age Height Weight Race Sex Other I,_ Ronald Moll , a competent adult, hereby verify that I personally ad a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the ,lenahies.of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: On the day of , 20 , at state that Defendant NOT FOUND because: NAME: . PRINTED NAME: ItOltaId Molt TITLE: Process Server NOT SERVED o'clock _. M., I,... a competent adult hereby _ Vacant _ Does Not ExistM ved _ Does Not Reside (Not Vacant) _ No Answer on 51514 at 1 _ Iv p.►� at 9': 3Q bin. Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Name and Address of PHELAN HALLMAN & SCHMIEG One Penn Center at Suburban, Suite 1400 Line Article Number Postge UiEA- .- 0) 1 .." ROBERTO IGLESIAS 47 LEEDS ROAD NEWVILLE, PA 17241 el — 0 — c° co = cn , — -- 0- 0 2 **** ROBERTO IGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-10233 cq a RI 0 o _ ,, • › „ . . . - • . . .; ... 4 , ,.... 5 . t4TE, *se* _•.: 8 ***a (5:t 9 **** 10 sinas - 11 **** 12 a*** 13 a*** 14 15 RE: IGLESIAS PlIS#706534 Total Number of Pieces Listed by Sender Toed Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) LNM-CERTIFICATE OF MAILING -NOS CODE- 1020 4.' 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 16 195V 1,Num 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 June 13, 2014 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. Lisa Marie Coyne/ Editor SWORN TO AND SUBSCRIBED before me this 13 day of June, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. CIVIL -09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 vs. ROBERTO IGLESIAS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: ROBERTO IGLESIAS Being Premises: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023. Being in MT. HOLLY SPRINGS BOROUGH, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 23-35-2316-125. Improvements consist of residen- tial property. Sold as the property of ROBERTO IGLESIAS. Your house (real estate) at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is sched- uled to be sold at the Sheriff's Sale on September 3, 2014 at 10:00 A.M., at the CUMBERLAND County Court- house, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $148,861.79 obtained by, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff June 13 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland �7oc�53� LOA Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 11, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL -09-5094 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Vs. ROBERTO IGLESIAS NOTICE TO: ROBERTO IGLESIAS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY • Being Premises: 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 Being in MT HOLLY SPRINGS BOROUGH, County of CUMBERLAND, Commonwealth of Pennsylvania, 23-35-2316-125. Improvements consist of residential property.. Sold as the property of ROBERTO IGLESIAS Your house (real estate) at 1 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1023 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $148,861.79 obtained by, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2008- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 3une 5014 ql-() Kit Notary'Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 OLEO-OFFICE. THE PROTHONOTAiis. 204 AUG -1 tilorf�y CUMBERLAND PENNSYLVANIA for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 Plaintiff, v. ROBERTO IGLESIAS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No.: CIVIL -09-5094 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 773///it Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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. PH # 706534 Phelan HaIlioan,LLP 1617 1F Boulevard, Suite 1400 Ono Penn Center Plena PhIl.delphia,PA 19103 AZK/GIL • 09/01/1014 SALE Line Artide Number Mme ofAddressee, Sired, and Post Office Address Postage o r4 . 111 C J - cra ot'17 d. Z " NOc • 1TI ' �. v.% • Tr`, • w ' t • .v 7, •', t +�"D�ii •,;h�+S` ,`� ` ' 14.11 TENANT/OCCUPANT I LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 170651023 • SOAS 1!! 2 •••• CUMBERLAND COURT? ADULT PROBATION - 1 COURTHOUSE SQUARE CARLISLE, PA 11013-3347 '� 50.45 t"•"y1W 3 •'�" FRANKLIN CREDIT MANAGEMENT CORPORATION - 101 HUDSON STREET 25TH FLOOR orI JERSEY CITY, NJ 07302-3915 S045 C¢? 4 ••4• MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC FORMERLY - 3300SW 35TH AVENUE, OCALA, FL 34471 AS OF I2r640. 1901 F. VOORHEES STREET. SUITE C DANVILLF IL 61834 50-45 5 •••• MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, ACTING SOI.ELYAS NOMINEE FOR WMC MORTGAGE CORP P.O. BOX 2026 d,? FLINTLM148501.2026 5045 6 •••• MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FRAN/CUNCREDIT'MANAGEMENT CORPORATION P.O. BOX 2026 I FUN?. MI 44501.2026 5045 _ ' 7 1111•• Wh1C MORTGAGE CORPORATION P.O. BOX 54089 ✓ LOS ANGELES, CA 90054-0039 $0.4.5 • 8 "4• WMCMORTGAGECORPORATION 3100 THORNTON AVENUE BURBANK, CA 91504.313.3 50.45 + 4 •• a• WMC MORTGAGE CORPORATION - POST CLOSING I RAMLAND ROAD ORANGEBURG, NY 109614627 50.45 10 1111•• WMC MORTGAGE CORPORATION CR) HILI.&RY A. DEON P.0, BOX 54089 LOS ANGELES, CA 90054.0089 51345 II •••• DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARUSLE, PA 17013' 5045 12 ••••. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675HARRISBURG, PA 17.105 5045 13 •••• INTERNAL REVENUE SERVICEADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA. 15222 50.45 14 •••• US. DEPARTMENT OF JUSTICE US. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 224 WALNUT STREET, SUITE 220 • PO BOX 11754 HARRISBURG, PA 17108-1754 $0.45 fl 1��^ i $6.30 ,"• Tool Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Posvnauer, Per {Name of Receiving Employee) The full declaration of value is required on dl domestic and international nrgisteted mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction imutancc is 550000 per pias subject to ■ limitof 3500000 per oecvrtenec. The maximum indemmity payable on Express Mail merchandise is 5500, The maximum indemnity payable is 525.000 (or registered mail, sent v.irh optional insurance. Sec Domestic Mall Manuel R900 $913 end 5921 for limitations of coverage. FILE:0-OFFilL'E , THE PROTHONOTAR- 20.14 SEP -8 Ail 10:: 05 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I : CIVIL DIVISION INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 : No.: CIVIL -09-5094 Plaintiff V. ROBERTO IGLESIAS Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2*the above -captioned matter has been continued until 11/05/2014 at 10:0 Date: 9 PH # 706534 Pau essm , Esq., Id. No.3 18079 Atto e 'laintiff PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I : CIVIL DIVISION INC. TRUST 2006- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE7 : No.: CIVIL -09-5094 Plaintiff V. ROBERTO IGLESIAS Defendant(s) CERTIFICATION OF SERVICE • I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ROBERTO IGLESIAS 1 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 - Date: PH # 706534 ROBERTO IGLESIAS an, Esq., Id. No.318079 Atte or Plaintiff