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HomeMy WebLinkAbout09-5572IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS JENNIFER MACHIN DEFENDANT CERTIFICATE OF LOCATION 2122 DOUGLAS DRIVE NORTH MIDDLETON, PA 17013 NORTH MIDDLETON TOWNSHIP PARCEL No: 29-16-1094-300 oq - 557a , w le -k Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 VS PLAINTIFF MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 manci ni lawfirm@attorneydan ielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 VS PLAINTIFF MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSAPJO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAPJO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA JECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 manci nilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 VS PLAINTIFF MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTI THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIO I THIS SUIT. Daniel J. Mancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancinilawfirrn@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT CIVIL Division Case Number: C 9- S",:57 2, C?Gv*! 4e,4?1 DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIFS 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendant is JENNIFER MACHIN, whose last known address is 21 Cornman Road Carlisle, PA 17103 is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, July 28, 2005, JENNIFER MACHIN borrowed $101,760.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR ACCREDITED HOME LENDERS, INC. this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1916, Page 3195. This mortgage and all instruments of assignment are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g). Your plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 2122 Douglas Drive, North Middleton, PA 17013, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2009, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 98,127.60 Delinquent Balance, including Interest at $19.49 per diem $ 4,871.10 From 12/01/08 to 08/06/09 (based on contract rate of 7.250%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 5,001.95 Accrued Late Charges $ 1,416.10 Bad Check Fees $ 25.00 Attorney's Fee $ 4,906.38 Total $ 114,348.13 ** Together with interest at the per diem rate noted above after January 1, 2009 and other charges and costs to date of Sheriff's Sale. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on May 26, 2009, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 7.250% ($19.49 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 JENNI '?R MACNIN Acccr dited Home Lenders, Inc, A C;Ilfornls Corporation 1500 Avenue of science San Dlego, CA 92128 Lm M:0507224222 z1z2 DOUGLAS DRIVE CARLISLE/no. MIDDLETON. PA 17013 i L PI Aa.cnlifte: SEE LEGAL DESCRIPTION A1-7AC4ED HERETO AND MADE A PART THEREM ALL THAT CERTAIN tract! of land situate In North Middleton Township, Courtly. Pennsylvania, d6ecxtbpd In s! =Oanca with a WmoWkW by Gerrit J. Eetz, Register-d Surveys r, dated August 10, 1 gram Pion 0 made BEGINNING at a point on the WesWm side of do Ifs feet North of the Narthweet comer of DOWWX 0... ug Drive, said point being 473,42 along Lot No. 28 art the hereinapN me owed and Cumberland DrIw; ihar>t>a mlmAn 48 seoorltls 0 VVW 750.04 feet to a ern of Lcft. South 63 degrees 22 16 seconds West #W49 he North 40 degnm 38 n*vj 63.03 along said Lot, North 50 feet to a oomer of Lot No. 29 an said Plan of Lots; thence a? the g said L aide of Dough a minutes 31 noonds East 157.37 feet ID a point on curve to the right, having a radius of #Once along the same In a Southerly direction on a place of BEGINNING. the arc distance of 97.16 feet to me BEINQ Lot No. 27 on Dian of Lots known as Section A, Creek View H ft* which Plan is reCOrded in Plan Rwk22, Page 152, Ccsnbeiand County m,=rds. HAVINt3 TIiWWON ERECM f frame bi-l wd dwening known and rulmben3d as 2122 DoWles Drive, Carlisle, KNN 100175105072242228 MAC11110 t??• 0601224222 AHL610101.11Fi nw r d1 BX1916PG32I I Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 manci ni lawfirm@attorneydan i elmanci n i.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS JENNIFER MACHIN DEFENDANT MORTGAGE FORECLOSURE VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He 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 knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 6th Day of August, 2009 Daniel J. Mancini, Esq. ._. Attorney Bar: Pa 39353 0 $elB.So PQ AT -f W, 5oas 0 ^ aag oa 4 Sheriffs Office of Cumberland County R Thomas Kline r Sheriff OF Tp T?? Ronny R Anderson 'lb Chief Deputy 10Qtd AUG 17 9: 11 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Deutsche Bank National Trust Co. vs. Case Number Jennifer Machin 2009-5572 SHERIFF'S RETURN OF SERVICE 08/13/2009 03:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1539 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer Machin, by making known unto herself personally, defendant at 21 Cornman Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/13/2009 03:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1539 hours, he served a true copy of the within Complaint in Mortgage, Foreclosure, upon the within named defendant, to wit: Jennifer Machin, by making known unto herself personally, defendant at 21 Cornman Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for Service at 2122 Douglas Drive is vacant. SHERIFF COST: $48.80 SO ANSWERS, August 14, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF CIVIL Division Case Number: 09-5572 Civil Term VS JENNIFER MACHIN DEFENDANT CERTIFICATE OF LOCATION 2122 DOUGLAS DRIVE NORTH MIDDLETON, PA 17013 NORTH MIDDLETON TOWNSHIP PARCEL No: 29-16-1094-300 Type of Pleading Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DANIEL J. MANCINI, ESQ. rt PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: 09-5572 Civil Terre DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6, c/o Daniel J. Mancini, Esquire, 201A Fairview Drive, Monaca, PA 15061, and against Defendant JENNIFER MACHIN, whose last known address is 21 CORNMAN ROAD CARLISLE, PA 17013 for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Unpaid Principal Balance $ 98,127.60 Delinquent Balance, including Interest at $19.49 per diem $ 5,667.00 From 12/01/08 to 09/17/09 (based on contract rate of 7.250%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 5,001.95 Accrued Late Charges $ 1,457.75 Bad Check Fees $ 25.00 Attorney's Fee $ 4,906.38 Total $ 115,185.68 I hereby certify the (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. ITV? Daniel J. Mancini, Esq. Attorney Bar No.: 39353 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P THONO "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO'' COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: 09-5572 Civil Term DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT RULE 236 NOTICE OF DEFAULT To: JENNIFER MACHIN 2122 DOUGLAS DRIVE CARLISLE, PA 17013 You are hereby n'fied that the following Order, Decree or Judgment has been entered' against you on !? t ; ry_,C A Judgment of Default in the amount of $ 115,185.68 plus costs. rothonotary If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: 09-5572 Civil Term DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT RULE 236 NOTICE OF DEFAULT To: JENNIFER MACHIN 21 CORNMAN ROAD CARLISLE, PA 17013 You are hereby n fled that the following Order, Decree or Judgment has been entered against you on A Judgment of Default in the amount of $ 115,185.68 plus costs. A 116 - Pr onotary If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 manci ni lawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS CIVIL Division Case Number: 09-5572 Civil Term MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have complied with Act 6 and Act 91 of 1983, notice requirements in the above-captioned matter. Daniel J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: 09-5572 Civil Term DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT AFFIDAVIT OF NAME AND ADDRESSES OF OWNER AND DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL J. MANCINI, Esq., being duly authorized to make this affidavit on behalf of the Plaintiff in the above action DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE 6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6, being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owner of 2122 DOUGLAS DRIVE, CARLISLE, PA 17013, the real property to be sold in the within execution and the Defendant in the judgment is JENNIFER MACHIN, whose last known address is 21 CORNMAN ROAD CARLISLE, PA 17013. DATE: SEPT. 17.2009 DANIEL J. MANCINI, ESQUIRE Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: 09-5572 Civil Term DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Daniel J. Mancini, being duly sworn according to law, deposes and says that he is the attorney of record, for the above-named Plaintiff, that he makes this Affidavit on Plaintiff s behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant JENNIFER MACHIN is over 21 years of age. Defendant is not in the military service of the United States as contemplated by the Soldier's and Sailor's Civil Relief Act, as amended. This affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 2122 DOUGLAS DRIVE, CARLISLE, PA 17013. By: Daniel J. Mancini, Esq. Sheriffs Office of Cumberland County R Thomas Kline Sheriff Rormy R Anderson ChiejDepury Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Deutsche Bank National Trust Co. VS. Jennifer Machin Case Number 2009-5572 SHERIFF'S RETURN OF SERVICE 08/1312009 03:39 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on August 13, 2009 at 1539 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer Machin, by making known unto herself personally, defendant at 21 Comman Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personalty the said true and correct copy of the same. 08/1312009 03:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1539 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit Jennifer Machin, by making known unto herself personally, defendant at 21 Comman Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the sane time handing to her personally the said true and correct copy of the same. Request for Service at 2122 Douglas Drive is vacant. SHERIFF COST: $48.80 August 14, 2009 `?.ase of tue?„ry+os OFFM OF n* 8"WFF SO ANSWERS, R THOMAS KUNE, SHERIFF Deputy Sheriff Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancinilawflrffl@attOmeYdanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005 -HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS JENNIFER MACHIN DEFENDANT TO: JENNIFER MACHIN 2122 DOUGLAS DRIVE CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 4.2009 ' *'M i , ? ??°V ? PITNE? FH 0?2 001.150 . ,? T OM S 04 12069 e Z ? 4 CIVIL Division Case Number: 09-5572 Civil Term MORTGAGE FORECLOSURE --T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS [N, AND ANY INFORMATION OBTAINED FROM YOU WILL :POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS )RCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE use you have failed to enter a written appearance petsonally or by attorney your defenses or objections to the claims set forth against you. Unless you S date of this notice, a Judgment may be entered against you without a nopetty or other important rights. You should take this notice to a lawyer vyer or cannot afford one, go to or telephone the following office to find is $ Lawyer Referral Services, l South Bedford Street, Carlisle, PA 17013 (717) 24&3166 . L a Daniel J. Mancini, Esquire Attorney for Phuntiff ?€ ? I I I I l e l I -I I I I Daniel Mancini & Associates Daniel J. Mancini, Fsq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfinn@attomeydanielmanci ni, com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT Case Number: 09-5572 Civil Term DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005 -HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF VS MORTGAGE FORECLOSURE JENNIFER MACHIN DEFENDANT TO: JENNIFER MACHIN 21 CORNMAN ROAD CARLISLE, PA 17013 DATE OF NOTICE: SEPTENHttitR 4. 009 t'o'ss P% MY?qNE Rome 01. i 10 `COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS (OU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS d, AND ANY INFORMATION OBTAINED FROM YOU WILL POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 'HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE lE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS RCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE ise you have failed to enter a written appearance personally or by attorney Your defenses or objections to the claims set forth against you. Unless you date of this notice, a Judgment may be entered against you without a ioperty or other inVortant rights. You should take this notice to a lawyer ?Yer or cannot afford one, go to or telephone the following office to find O I R g? Lawyer Referral Services, iSouth Bedford Street, Carlisle, PA 17013 (717) 249-3166 Daniel J. Mancini, Esquire Attorney for Plain iff r M N a FILED--Q! 'ICI: OF THE n ,?Y 20199 SEP 21 P 1: 14 ;a!Tli XI-q-60 ?,A-44 eK-? sar8 ??- aavat8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN Case Number: 09-5572 Civil Term STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF Type of Pleading VS Praecipe to Discontinue And Settle Case in Mortgage Foreclosure JENNIFER MACHIN DEFENDANT CERTIFICATE OF LOCATION 2122 DOUGLAS DRIVE NORTH MIDDLETON, PA 17013 NORTH MIDDLETON TOWNSHIP PARCEL No: 29-16-1094-300 Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 irview D e Mon PA 5061 (724) X33 By: DANIEL" J"ANCINI, ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-HE6 VS. JENNIFER MACHIN FILE NO: 09-5572- CIVIL TERM PRAECIPE AND POWER OF ATTORNEY TO DISCONTINUE AND SETTLE FORECLOSURE WITH RIGHT TO REFILE TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A 1. --X-- the within suit is Settled, Discontinued, Ended WITHOUT Preju ice and costs paid and Plaintiff reserves right to file another foreclosure actid should Def dant fail with its obligations to Plaintiff. \\ \ \ Date: November 5. 2009 WITNESS {if signer is other than a registered attorney}: Signature of aL)lh&izing party Attorney. Attorney or Notary Daniel J. Mancini. Esq. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED TO UNSWORN FALSIFICATION TO AUTHORITIES Signature IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY, AS TRUSTEE UNDER POOLING AND SERVICIING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN Case Number: 09-5572 Civil Term STANLEY ABS CAPITAL I INC. TRUST 2005-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE6 PLAINTIFF Type of Pleading VS Praecipe to Satisfy Judgment And Settle Case in Mortgage Foreclosure JENNIFER MACHIN DEFENDANT Code and Classification: CERTIFICATE OF LOCATION 2122 DOUGLAS DRIVE NORTH MIDDLETON, PA 17013 NORTH MIDDLETON TOWNSHIP PARCEL No: 29-16-1094-300 Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A airview Driv Monac P 15061 (724)\7 '41 By: DANIELfJ,.D61ANCINI, ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2005 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-HE6 VS. JENNIFER MACHIN FILE NO: 09-5572 Civil Term PRAECIPE AND POWER OF ATTORNEY TO SATISFY, SETTLE AND DISCONTINUE JUDGMENT TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A 1. --X-- Satisfaction of Judgment with interest and co", in the wit in matter is acknowledged and Plaintiff reserves right to file a new recllot A tion should Defendant fail in their obligations to Plaintiff. ? \ Date: November 5, 2009 WITNESS {if signer is other than a registered attorney}: Signature Attorney Attorney or Notary Daniel J. Mancini. Esq. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED VE TO UNSWORN FALSIFICATION TO AUTHORITIES Signature FILED-' 0 F i , THE P??? -;i ^jARY OF r- 2009 N0 V 10 i„i 10: 0 '1 48. oo Po A'TT4 at,* ?s,4 &33&8?