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HomeMy WebLinkAbout09-6167Phelan 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 ,tauren 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 211070 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE COURT OF COMMON PLEAS HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES, SERIES 2004-HE4 7105 CORPORATE DRIVE TERM PLANO, TX 75024 NO. 09 - 1.1&7 Plaintiff V. DAVID L. ACKERMAN JENNA M. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 Defendants CUMBERLAND COUNTY File #: 211070 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 #: 211070 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IRIS REAL ESTATE CAPITAL TRUST 2004- HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID L. ACKERMAN JENNA M. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NOVELLE FINANCIAL SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1874, Page 371. 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 01/01/2008 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 and all interest due thereon are collectible forthwith. File #: 211070 6. The following amounts are due on the mortgage: Principal Balance $109,788.61 Interest $23,963.04 12/01/2007 through 09/09/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $1,097.82 07/12/2004 to 09/09/2009 Cost of Suit and Title Search $7-50-00 Subtotal $136,899.47 Escrow Credit $0.00 Deficit $4,525.56 Subtotal $4,52-556 TOTAL $141,425.03 7 8 9 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 nersonam 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or File #: 211070 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $141,425.03, together with interest from 09/09/2009 at the rate of $36.98 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. HALLINAN & SCHMIEG, LLP Lj Lawrence T. Phelan, Esq., Id. N6--. -12227 ? 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 ? S etal R. Shah-Jani, Esq., Id. No. 81760 enine 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 File #: 211070 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 Aloriti DATE: 4QIrA for Plaintiff File #: 211070 09 FILED !-r;kE 2009 St? I I PH 12: 20 x`78. soIIE Rly eK+ ssaaza jZ*--623oY4=,f Sheriffs Office of Cumberland County R Thomas Kline R'LEC , C Shertntr Qt "i+utra? gr 77H?) E 1n?(?' ?A Ronny R Anderson , ? . Chief Deputy 2009 SEP 15 P11 2: 3 ti Jody S Smith Civil Process Sergeant s f ??v !y Edward L Schorpp Solicitor Deutsche Bank National Trust Co. Case Number vs. 2009-6167 David L. Ackerman SHERIFF'S RETURN OF SERVICE 09/14/2009 09:01 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 2101 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David L. Ackerman, by making known unto himself personally, at 27 High Street Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and ai the same time handing to him personally the said true and correct copy of the same. 09/14/2009 09:09 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 2109 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jenna M. Ackerman, by making known unto herself personally, at 7 Front Street Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.80 September 15, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF B_y - De t heriff Phelan Hallinan & Schmieg, LLP By: 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 ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2004-HE4 VS. DAVID L. ACKERMAN JENNA M. ACKERMAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6167-CIVIL TERM 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 DAVID L. ACKERMAN, and JENNA M. ACKERMAN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $141,425.03 Interest - 09/10/2009 to 10/21/2009 $1,553.16 TOTAL $142,978.19 I hereby certify that (1) the Defendants' last known address is 7 FRONT STREET BOILING SPRINGS, CUMBERLAND COUNTY, PA 17007, and mortgaged premises located at 27 HIGH STREET, BOILING SPRINGS, PA 17007-9201, and (2) that notice has been given in accordance with Rule 237.1, copy attached. p_ n , . Phelan, Daniel C? ac g, 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 INDICATED. DATE: PHS # 211070 PROTHONOTARY 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 ON BEHALF OF THE CERTIFICATE HOLDERS OF COURT OF COMMON PLEAS IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS- CIVIL DIVISION THROUGH CERTIFICATES, SERIES 2004-HE4 No. 09-6167-CIVIL TERM VS. DAVID L. ACKERMAN JENNA M. ACKERMAN 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 DAVID L. ACKERMAN is over 18 years of age and resides at 27 HIGH STREET, BOILING SPRINGS, PA 17007-9201. (c) that defendant JENNA M. ACKERMAN is over 18 years of age and last known address is 7 FRONT STREET BOILING SPRINGS, CUMBERLAND COUNTY, PA 17007, and mortgaged premises located at 27 HIGH STREET, BOILING SPRINGS, PA 17007- 9201. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?J L enc TLHallinan Phelan, q., Id. No. 32227 rancis . sq., Id. No. 62695 Daniel eg, 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 COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 VS. DAVID L. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6167-CIVIL TERM JENNA M. ACKERMAN 7 FRONT STREET BOILING SPRINGS, CUMBERLAND COUNTY, PA 17007 Notice is given that a Judgment in the above captioned matter has been entered (S against you on On4, ;L By: /W I?L 4-DEPtff y If you have any questions concerning this rLace elan, E ., Id. No. 32227 Hallinan, Es ., Id. No. 62695 Schmieg q., Id. No. 62205 C. or d, Es q., 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 hrisovalante 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 FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VEPREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2004-HE4 Plaintiff V. DAVID L. ACKERMAN JENNA M. ACKERMAN Defendant(s) TO: DAVID L. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 DATE OF NOTICE: October 6, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-6167-CIVIL TERM 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. 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 SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 211070 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Lawre e T Phelan, E , Id. No. 32227 Fran s S. llinan, ., Id. No. 62695 Daniel G. Sc 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 jhrisovalante 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 # 211070 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2004-HE4 Plaintiff V. DAVID L. ACKERMAN JENNA M. ACKERMAN Defendant(s) TO: JENNA M. ACKERMAN 7 FRONT ST BOILING SPRINGS, PA 17007-6009 DATE OF NOTICE: October 6, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-6167-CIVIL TERM 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. 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 SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 211070 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Lawrep6e helan, Esq. Id. No. 32227 Fran s S. H 'nan, 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 ,?hrisovalante 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 211070 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF DUS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2004-HE4 Plaintiff V. DAVID L. ACKERMAN JENNA M. ACKERMAN Defendant(s) TO: JENNA M. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 DATE OF NOTICE: October 6, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-6167-CIVIL TERM 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. 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 SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 211070 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WrM 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: LFela a T. helan, Esq. Id. No. 32227 F S. an, ., Id. No. 62695 D 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 11oshua 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 # 211070 PC T 2- 2 O -K,-4 94,7566 Rte- c2 3?SIL? wlr_c - m?l£c? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 PLAINTIFF V. DAVID L. ACKERMAN, JENNA M. ACKERMAN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c--, ~~- ~ ~ ~} ~~ - ~ ~ ~. -,, r~ :J ~ ~.) , - `r ,, ,_ , -;~ NO. 09-6167 CIVIL '.- -..~, .! :: ~' :~ ORDER OF COURT -' AND NOW, this 27th day of January, 2010, 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 February 19, 2010; 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 Defendants file 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, ~' Francis S. Hallinan, Esquire Attorney for Plaintiff / David L. Ackerman Jenna M. Ackerman 27 High Street Boiling Springs, PA 17007 M. L. Ebert, Jr., J. /Jenna M. Ackerman 7 Front Street Boiling Springs, PA 17007 bas i~.s rn.a~~ 1/28~! ~ .~/~ S~I~RIF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson .-,,.._ ,fir r Sheriff ~~'~~-ti- ~ ': at ~~rtrrErrr,~ - r:~': Jody S Smith ~gw«titr a~r~ ~ ~ ~ "'. ~ ',{~'~ ~~ r,, Chief Deputy .. ~~ I , , ., .. _ ~ . . Richard W Stewart Solicitor ~ F :~.~. - r ~ -~~_~ L..iv'~ - Deutsche Bank National Trust Co. vs. Case Number David L. Ackerman (et al.) 2009-6167 SHERIFF'S RETURN OF SERVICE 12/17/2009 04:58 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 1651 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 David L. Ackerman, located at, 27 High Street, Boiling Springs, Cumberland County, Pennsylvania according to law. 12/17/2009 04:58 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 1651 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David L. Ackerman, by making known unto, David L. Ackerman, personally, at, 27 High Street, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/22/2009 06:38 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 1830 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jenna M. Ackerman, by making known unto, Dana Sutton, adult in charge, at, 7 Front Street, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/03/2010 Property sale postponed to 5/5/2010. 05/03/2010 Property sale postponed to 7/7/2010. 06/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg on 6/30/10 SHERIFF COST: $757.78 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF • ~ ~ ~. ~ 7~ ~3/ ~ ~~y~~~ .-; Coil^tyS~itn SFerift. Tei~csefl. hoc. DEUTSCHE B~4NK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IRIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 Plaintiff, v. DAVID L. ACKERMAN JENNA M. ACKERMAN Defendant(s). COURT OF COMMON PLEAS • CIVIL DIVISION ' NO. 09-6167-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IRIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2004-HE4, 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 27 HIGH STREET, BOILING SPRINGS. PA 17007-9201 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) DAVID L. ACKERMAN JENNA M. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 7 FRONT STREET BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: DAVID L. ACKERMAN 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 JENNA M. ACKERMAN 7 FRONT STREET BOILING SPRINGS, PA 17007 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name None Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 27 HIGH STREET BOILING SPRINGS, PA 17007-9201 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio o authorities. November 24, 2009 DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ ~ancis 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IRIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004- HE4 Plaintiff, v. DAVID L. ACKERMAN JENNA M. ACKERMAN November 24, 2009 Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6167-CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: DAVID L. ACKERMAN JENNA M. ACKERMAN 27 HIGH STREET 7 FRONT STREET BOILING SPRINGS, PA 17007-9201 BOILING SPRINGS, PA 17007 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHA i~E PREi~IDUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 27 HIGH STREET, BOILING SPRINGS, PA 17007-9201, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $142,978.19 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IRIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2004-HE4 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-6167-CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 vs. DAVID L. ACKERMAN JENNA M. ACKERMAN owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 27 HIGH STREET BOILING SPRINGS PA 17007-9201 Parcel No. 40-29-2484-044 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $142,978.19 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of High Street, said point being the corner of property of Naomi Jane Goodyear; thence along the west side of High Street North 19 3/4 degrees West 40 feet to the lot of E. Hays Shughart et ux; thence along said lot South 70 1/4 degrees West 235 feet to an alley; thence by said alley, South 19 3/4 degrees East 40 feet to a post; a corner of property of Naomi Jane Goodyear; thence by property of Naomi Jane Goodyear, North 70 1/4 degrees East 235 feet to a point on the west side of High Street, the place of BEGINNING. HAVING thereon erected a 2 1/2 story frame dwelling house and other outbuildings. Vested by Special Warranty Deed, dated 11/27/2007, given by Arlene M. Group, widow to David L. Ackerman and Jenna M. Ackerman, his wife, as tenants by the entireties and recorded 12/512001 in Book 249 Page 2452 Instrument # 2001-041328. PREMISES BEING: 27 HIGH STREET, BOILING SPRINGS, PA 17007-9201 PARCEL NO. 40-29-2484-044 WRIT OF EXECUTION and/or ATTACHMENT COMIl40NWEALTH OF PENNSYLVANIA) NO 09-6167 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 ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004- HE4, Plaintiff (s) From DAVID L. ACKERMAN AND JENNA M. ACKERMAN (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 $142,978.19 L.L. $.50 Interest FROM 10/22/2009 - 03/03/2010 (PER DIEM - $23.83) - - $3,169.39 Atty's Comm % Due Prothy $2.00 Atty Paid $173.80 Other Costs Plaintiff Paid Date: NOVEMBER 25, 2009 (Seal) REQUESTING PARTY: L~t,u~y Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 • F On December 2, 2009~the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered, 27 High Street, Boiling Springs, . more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2009 B Real Estate Coordinator _.. ..: ,~ . ',; ~~G~(f if ~, f~ J~lj~~ ~ 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: January 22, Januarv 29, and Februarv 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. writ xo. 2009-6167 Civil Deutsche Bank National Trust Co. As Trustee for Saxon Asset Securities Trust 2007-2 vs. David L. Ackerman Jenna M. Ackerman Atty: Francis Hallinan By virtue of a Writ of Execution No. 09-6167-CIVIL TERM, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF IXIS REAL ESTATE CAPITAL TRUST 2004- HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE4 vs. DAVID L. ACI{ERMAN, JENNA M. ACKERMAN, owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County; Pennsylvania, being (Municipality) 27 HIGH STREET, BOILING SPRINGS, PA 17007-9201. Parcel No. 40-29-2484-044. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. PROPERTY ADDRESS: 27 High Street, Boiling Springs, PA 17007. sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ~ ~ 7 .~ ~~ Notary - NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 -~ - The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Abe pahiot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, 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 printed 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: 01 /22/10 01 /29/10 ~,~ ~ ~ ~~ 02/05/10 ,. i /~ ~+ G Sworn ~ and subscribed before'me this 24 day of February, 2010 A.D. ~' - _ ,. - Notary Public COMMONWEALTH OF' PENNSYLVANIA Notarial Seal C~ ~ ~ Winer, Notary Public r<J+ Dauphin County ~ Commission ~~ Nov. 26, 2011 Member, Pennsylvania Assoclatlon of Notaries Dccket Numt~r: 2009.6167 Clvll Tsrm [ieutscFN Bank Natkxwl Trusi Co. As Trustee for Saxon Asset Securftles Trust 2007-2 vs. David L. Ackerman Jenny M. Ackerman . Atty: Francis Halllnan By virtue of a Writ of Execution No 09-6167-CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OFIXIS REAL ESTATE CAPITAL TRUST 2004- H~4 MORTGAGE PASS-. THROUGH CERTIFICATES, SERIES 2004-' E4 Vs. -DAVID Lw AGKERMAN JENNA M. A~KERMAN owner(s) of property situate`°in the SOiTfH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 27 HIGH STREET, .BOIl,ING SPRINGS, PA 17007-9201 Parcel Nu. 40-29-2484~Q44 (Acreage or street address) Gnprovements thereon: RESIDENTIAL DWELLING PROPERTY ADDRESS:. 27 High Streit, Boiling Spings,PA 17007