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Home My WebLink About09-8408 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 223258 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 Defendants File #: 223258 NO. O9, CUMBERLAND COUNTY 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 223258 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 4249. 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 08/01/2009 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 #: 223258 6. 7 8. The following amounts are due on the mortgage: Principal Balance $251,368.97 Interest $6,043.44 07/01/2009 through 12/03/2009 (Per Diem $38.74) Attorney's Fees $1,300.00 Cumula Nt Late Charges $227.25 $30.00 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search $55()_00 Subtotal $259,539.66 Escrow Credit $0.00 Deficit $0.00 Subtotal $W TOTAL $259,539.66 06/06/20,(10 to 12/03/2009 ?y-Irispections 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 inconformity 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 nat seeking a judgment of personal liability (or an in verso am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 223258 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $259,539.66, together with interest from 12/03/2009 at the rate of $38.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? ence T. Phelan, Esq., Id. No. 32227 LlTFrancis 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 Attorneys for Plaintiff' File #: 223258 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 69, Kingswood, Phase I, as recorded in Cumberland County Plan Book 54, Page 95, formerly known as Hampden Square, Plan No. 5, Phase III, as recorded in Cumberland County Plan Book 52, Page 145, more particularly bounded and described as follows, to wit: BEGINNING at a point on the north side of Chippenham Road, said point being a distance of 495.88 feet east of lands now or formerly of South Central Services Corporation, et al.; thence by line of Lot No. 70, North 44 degrees 23 minutes 50 seconds East, a distance of 120 feet to a point at lands now or formerly of South Central Services Corporation, et al.; thence by same, South 45 degrees 36 minutes 10 seconds East, a distance of 100 feet to a point at line of Lot No. 68; thence by same, South 44 degrees 23 minutes 50 seconds West, a distance of 120 feet to a point on the north side of Chippenham Road; thence by same, North 45 degrees 36 minutes 10 seconds West, a distance of 100 feet to a point, the place of BEGINNING. CONTAINING 12,000 square feet, more or less. BEING known and numbered as 3808 Chippenham Road, Mechanicsburg, Pennsylvania. PARCEL NO. 10-16-1056-092 File #: 223258 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 unworn falsifications to authorities. Attorney for Plaintiff DATE: /2 ? 0#1 File #: 223258 OF VE PRO HOROT 2 4 OEC -1 AM 10-- 19 Rii; Yt-V 13 ? i, tk,I%i 3y1? 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-WMC2 Plaintiff CIVIL DIVISION v JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendant(s) N0.09-8408 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/22/2010 to Date of Sale ($42.98 per diem) TOTAL $a~. oo Pp A`r~rY 53, ep e8F 78.50 I~{.DO ~~ a,~ ., _ -~_. I'la .oo - P~p fl'~ C') ~' - $261 437 92 `~ - ~ `~= , . ~ ~; ~ ~,~ 9885.40 ~ r:- ~ r-} ~,`, p~ _t_' JT ' ~T ~ ~V ~ 4 ~ ~~ `` ~- .. ~... ',~ $271,323.32 ~ --- _ Q Attorney r laintiff Phelan al nan & Sch ieg, LLP ^ La enc T. Phel sq., Id. No. 32227 ^ Fr cis S. all' ,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 Note: Please attach description of property. PHS # 223258 ~a.oo OueC,o • so u, rx.'~ g5o47q 2r*~a~FS3 0 ~a W a ~' a oa H U~ O~ O~ UW ~~ V A d W a H O a w w F (~ U H ~U a3 zo O° ~~ z~ ~F U W~~ ~~a 17 ~ W A U x C7 ~~ ~~ ~d~ ~ U U ~ ~ 3 v~ Q ~~ ti P~ O U f~ ~ O H ~ ~w O ~ ~ to v a .~ N N Q° ~¢ x ~Q° ¢~ ~ ¢ ~~a ¢ z~a a j x~ U x~ ~ z~ U W ~ z~ ~ W ~ 3 ~xz ~xz ~ ~~ b .b Q ~°° Q°W ~-. M ~ ~ o°oW Ga M .G 0 N ~ ~ O V ~ ~ N ~ o Oho ~ ~ ,_, M ~t ~ ~ ~ o0 rNi N N E t~ ~~ M M O~ ~ O zO O N ~p ~p p N D O M E t~ oo p~ N N O p„ ° o oz zo~ooM,cv,~~o o,ob c'oz '-~zzz•dz-o 0 0 °~ °zz o-zz•b bbb'~.ti'"zzzoozb.tiw.tiv~' :d W ~ ~ `~ ~ a~~i .wd° o ti W W ~ o. W ~ ~ w ~ ~ ~ ~H~~~~~QF ~ ~ ~~'c7 ~~~oa 'C ^ C cC y: `V ~ ~ .C y ~ ~ ~ N ' ~ ~ ~ O Q w ¢ a ^^^^^ ^^^^^^^^^ ^^ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JAMES W. CAVANAUGH A/K/A JAMES W. WILLMANN Bk. No. 1:10-bk-01511 MDF BARBARA M. CAVANAUGH . A/K/A BARBARA MYREE TALLON A/K/A BARBARA MYREE TALLON CAVANAUGH Chapter No. 7 Debtors DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN 11 U.S.C. §362 STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Movant v. JAMES W. CAVANAUGH . A/K/A JAMES W. WILLMANN BARBARA M. CAVANAUGH A/K/A BARBARA MYREE TALLON A/K/A BARBARA MYREE TALLON CAVANAUGH Respondents and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, Dated: March 29, 2010 Case 1:10-bk-01511-MDF Doc 15 Filed 03/29/10 Entered /29/ 09:3~a~g„~ Main Document Page 1 of 1 c.-a1 Phelan Hallinan &Schmieg, 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-WMC2 Plaintiff v. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8408 CUMBERLAND COUNTY JAMES W. CAVANAUGH ,..a __ BARBARA M. CAVANAUGH ~ ` ~ - Defendant(s) za ~- ' .~ ="' ~.~ i" r' ~ ;, CERTIFICATION = -- ~" ~~~ `? 1 r^ The undersigned attorney hereby states that he/she is the attorney for the Plaintiff la ~~e above coned matter and that the premises are not subject to the provisions of Act 91 because: y ~ .• ! 0 c ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) 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: ~ ~ Attorney fo la' tiff Phelan H linan Schmie ,LLP ^ Lawr ce T. P lan, ., Id. No. 32227 ^ Francis S. Hallinan, sq., 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 1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 Plaintiff v. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendant(s) PHS # 223258 AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, 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 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ~ a _ ~ ~, i JAMES W. CAVANAUGH 3808 CHIPPENHAM ROAD ~' ~a. - =~ ~ MECHANICSBURG, PA 17050-2198 r. ~ ~ ._, <~' ° ~~. -c _ -n `~~ r- f_r ~~ .; r;,~ BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD ~ `' _. MECHANICSBURG, PA 17050-2198 - ~---; ~' , ~ ~,l , ~` .. ~~' Name and address of Defendant(s) in the judgment: ~ ~ :c 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) SAFE AUTO INSURANCE COMPANY 4328 EAST FIFTH AVENUE COLUMBUS, OH 43219 SAFE AUTO INSURANCE COMPANY C/O 707 GRANT STREET, SUITE 2400 JEFFREY C. CATANZARITE, ESQUIRE PITTSBURGH, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT 4910 CARLISLE PIKE, SUITE 104 COMPANY, DB/A BENEFICIAL MORTGAGE HAMPDEN CENTER CO. OF PENNSYLVANIA MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8408 CUMBERLAND COUNTY BENEFICIAL CONSUMER DISCOUNT 577 LAMONT ROAD COMPANY, DB/A BENEFICIAL MORTGAGE ELMHURST, IL 60126 CO. OF PENNSYLVANIA C/O RECORDS PROCESSING SERVICES 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. May 14, 2010 By: ~~ ~ Attorney fo Plaii tiff Phelan H linan Schmie LP ^ Lawre ce T. P lan, E ., Id. No. 32227 ^ Francis S. Hallinan, sq., 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 CIVIL DIVISION Plaintiff N0.09-8408 vs. CUMBERLAND COUNTY JAMES W. CAVANAUGH BARBARA M. CAVANAUGH ~..? Defendant(s) ~ ~ ~- ' rT_,=;~ ~~t', =~ ~ ~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ = ' ~ -K: ` "~~ F:. ~. ,..; (~ ~ m ,t l~ TO: JAMES W. CAVANAUGH M i.,; z, _, _~, r E -_; BARBARA M. CAVANAUGH '' `'" ~ C =~= ~~- 3808 CHIPPENHAM ROAD ~> ~ •- ~ ,~ MECHANICSBURG, PA 17050-2198 ~ c; ,, z **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 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198 is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $261,437.92 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 ca11215-563-7000. 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 N0.09-8408 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 vs. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH owner(s) of property situate in HAMPDEN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198 (Acreage or street address) Parcel No. 10-16-1056-092 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $261,437.92 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 69, Kingswood, Phase I, as recorded in Cumberland County Plan Book 54, page 95, formerly known as Hampden Square, Plan No. 5, Phase III, as recorded in Cumberland County Plan Book 52, Page 145, more particularly bounded and described as follows, to wit: BEGINNING at a point on the north side of Chippenham Road, said point being a distance of 495.88 feet east of lands now or formerly of South Central Services Corporation, et al; thence by line of Lot No. 70, North 44 degrees 23 minutes 50 seconds East, a distance of 120 feet to a point at lands now or formerly of South Central Services Corporation, et al; thence by same, South 45 degrees 36 minutes 10 seconds East, a distance of 100 feet to a point at line of Lot No. 68; thence by same, South 44 degrees 23 minutes 50 seconds West, a distance of 120 feet to a point on the north side of Chippenham Road; thence by same, North 45 degrees 36 minutes 10 seconds West, a distance of 100 feet to a point, the place of BEGINNING. CONTAINING 12,000 square feet, more or less. TITLE TO SAID PREMISES IS VESTED IN James W. Cavanaugh and Barbara M. Cavanaugh, h/w, by Deed from Kent Allen Michaelis and Denise B. Michaelis, his wife, dated 04/21/2006, recorded 04/24/2006 in Book 274, Page 759. PREMISES BEING: 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198 PARCEL NO. 10-16-1056-092 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8408 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-WMC2, Plaintiff (s) From JAMES W. CAVANAUGH and BARBARA M. CAVANAUGH (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 $261,437.92 L.L. $.50 Interest from 1/22/10 to Date of Sale ($42.98 per diem) -- $9,885.40 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: 5/21/10 David D. Buell, rothonotary (Seal) By: REQUESTING PARTY: Name: JOSHUA L GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP Deputy 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 JUL ~ 4 200 l 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 WMC2 Plaintiff v. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ~f~V1i ~ ~ Z~ ~~-Z S ~ I1~C. az~L ~ ~1S ~dC.> Rule Returnable „~ ~~~ e~ 20~.~1Tat ,n rhP ~~r ' Cou ou /~~ine ~. ~Uey~ -" ~~-uC5 a vQ •~ a wJ'l! Pies tst.c.-.'~~ei1 7~~~/~D (~ N d ~ J q~ ~!~~ ~-.7~, ^..- ~.~ ~ ~.( J L.. 1~~: ~-- ~~. c,,; -.,. c,., :::.: ;_;~~ :~°~ { 2~2ss ,, ~ki f ~ 1 y:! } AUb 3 Q/N ti - oS ~s i~ ,_i ~_ ~Ir 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 FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 v. Plaintiff JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 CERTIFICATION OF SERVICE 223258 . . I hereby certify that a true and correct copy of the Rule Returnable dated July 14, 2010 was sent to the following individual on the date indicated below. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 Phelan Hallinan & Schmieg, LLP C ~ DATE: ~ ~Q By; , L f 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 223258 r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- COURT OF COMMON PLEAS WMC2 Plaintiff, CIVIL DIVISION v. No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH c"'? ~ :~ . <:~- -~ Defendant(s) ~ `-' `~~ _ ~ _,, AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 _~ ~: ' -o _._ COMMONWEALTH OF PENNSYLVANIA ) _` ~ __ ~ ~.9 PHILADELPHIA COUNTY ) SS: " ~--- _:~._ .. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienhotder~`~ ~~ 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". o ~ y-- )- t- ~-- ~ ~ ~ Q ~ r c~ c~ W U ~ ~ J ~': N = O ~- _ F-- ~G l i -~ O ~ ~._ ~ ~ - a ..~. J v Date: ~? ~ Z`L~ 1 (7 _ c awrence 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 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 alaintiff 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. PHS # 223258 -~-~:: ~ ., ~--~ as J •a °v ~ ° r ~~~~ U ,~ ,~ ~°"° ~~ ~a` .~ a x~~~ ~~ v .= a'~/`O~a r it y b ~ ~ ~ b 11.1 ao . ~ /Q`~'~ w £O1B C 3OO;1dIZ WOa~0371VW , OLOL OLJ.VW 99L[1Zb000 .\' ~ ,~ o81'FO $ wl z o ,.. , w ~ ~..~ .~. ~r~ i~~ ~~ USP ~d~ ; ~ ~ ~ ~ ~, g ~ '~ E v° g-4 . ~ ~ ~ ggpp qq ~E~E c VV ~ F 9 g~ ~ 'ygj$ n 8 .5y ~,i~~ ~ ~ ~ . Q ~_ .9 $ 52 i~ p 00 ,~ ~gi ~Ni ._C N ~ °~'ryp~ N ~ ~ ~ N ~ O 3 N ~~ t °'~ h ~~ a ~~ Er ~ U~ U~ O ! 0 0 `~o ' z° c3 ~ ; ~ ~~ ~a u ~ a w ~ ~ ~ ~ Ar N ~ ~ V ~ ~ ~~ O ~ u A~ p~~,i q p~y,'~j p~ N ~~ ~.° g C ~ •~ _ A A ~ ~ o o~ . ~H°aa v2 z ~!`~ U~ w a, °rf%~ ~.~ ~ .. fLw ~ a = 3 .~ ,°d, o ~i10F"~ _~ ~'°r$ ~ ~+ ~ ar0 ~ ~o~ a a '~'' G4 Z.~~Q''U, ou r~" ~A ~o Z'a~ u~~ .•. ~~ ~ u~~~ N .. ~t ~~W"" e Z > p Apr!, a il~~ w o ~ w.M-~ a~,Q >O v o ~ ~ o ~ ~ ~ ~ ~.. ! ~ a~ Q~.,,, ~~ q DS,a~+ >•r ,.., df !! '° °~a h qw 0~~~ GG ! ~+ 9 Osa (~V W ~ a awaa lo O~VO V VOQ<ir~ .„ ' V! x ~ O Ey ~,~ a ~V~ ! V U , r~~a~ c` ~ a•. ~~v~ ~~'~ 'C - ova 3+.~ „ c & ka > e ~ ~ eve >,a ~r'',w $.~' M ~; _~y°r a° oc+~ o e '~- a n ~~`~Z~`c-j+ Vwo~W~ lA ~ a~ca,,~ ~jWQ~O o ~ O~.a ~ p4 ~ U p~ ~~+ D ~ ~ ~o~e ~ V ~W~ ~ w - ~ ~~ a"e $ ~ o ~"0 ` ~ ~a~°iMp~f'..t ~ ~ v~vi•sa3o ~ ~ ~~~ V ~ ~ 40G ZW~pU ~ e; ~NO ! p ~ ~~~ ~ _ WZ~ _ zE-~ri V..~V VAA.~ a~c~~..~ aa~,N~, ~Av ~0 ~n 4C~l~iv~w ~ v»Vr o n~,~CrC # ~ Y.t-off ~# ~ ~ ~ ~ ~ ~ ' a o~ Y O +.y ..a N M @ I A ~ D h 0 p 0 1 ~ ~ Z '-~ ~~ AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS PHS # 223258 CAPITAL I INC. TRUST 2006-WMC2 DEFENDANT SERVICE TEAM/ kxc JAMES W. CAVANAUGH BARBARA M. CAVANAUGH COURT NO.: 09-8408 SERVE BARBARA M. CAVANAUGH AT: TYPE OF ACTION 3808 CHIPPENHAM ROAD XX Notice of Sheriff's Sale MECHANICSBURG, PA 17050-2198 SALE DATE: 09/08/2010 SERVED Served and made known to -~ft~a ~ M• ~~k''`Defendant on the 24~aay of_ l~~'~r , 20 ~~ , at 10' 4~ , o'clock /~. M., at ~ lrog ~~~ 1 pO~N NArn ~2n,A a , in the manner described below: _ Defendant personally served. M F_C. ~M~Jtcs QtIR4, P~ J Adult family member with whom Defendant(s) reside(s). o t.>, Relationship is ~SBAND ~ o _ Adult in charge of Defendant's residence who refused to give name or relationship. ~ r `" ~ c ~.: _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~ v-, Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. -__ ~ G' Other: ~ Description: Age _~ Hei ht t r~ W t~/1 Y - g ~~ Weight ~ SO Race .Sex Other ~ r.:i ~-- •. .. r-~ ~~~,~ I, ~DyUl~D /~lb Ll--, a competent adult, being duly sworn according to law, depose and state~t~at 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. ,, --+ =w Sworn to and subscribed before me this day Kly~~g,~,R1,Y CURTY of ~, 20l a. NOTARY Pt113LiC N ~ .- ~ .. BY• '• ' . G~ STA'1"~ Gf'~f~W'~ERSEY_ ~ . , .~ COMM15510N 6kt'~RF.S INAftGH 7, 2013 , NOT SERVED o , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ~0=. By: Notary: ATTORNEY FOR PLAINTIFF Lawreea T. PbeOry Esq., Id. No. 32227 Franda S. HaOnar, Esq., Id. No. 62695 Dodd G. Sdmdq, Esq., W. No. 62105 Mklwk M. Bradterd, Esq„ Id. No. 69849 Judi1A T. Romano, Esq., Id. No. 58745 Sbeehl R Slob-)an4 Eeq., Id. No. 81760 3er~re R Davey, Esq., Id. No. 87077 I.aurm R Tabus, Esq., Id. No. 93337 VWek Srivastava, Esq., Id. No. 202331 Jay B. Jars, Esq., Id. Na 86657 Filer J. Muiraby, Eeq., b. No. 61791 - Andrew L Spivack, Esq., Id. No. 84439 ]aNre McGuMoeas, Esq., Id. No. 90134 CbriaovaYMe P. FOakoq Esq., b. No.94620 ]asbw I. Goldman, Esq, id. No. 205047 Courlany R Dunn, Esq., Id. No. 206779 Andrew C. Bnrobkl4 Esq., bl. No. DD8375 One Penn Center at Suburban Station AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS PHS # 223258 CAPITAL I INC. TRUST 2006-WMC2 DEFENDANT SERVICE TEAM/ lcxc JAMES W. CAVANAUGH BARBARA M. CAVANAUGH COURT NO.: 09-8408 SERVE JAMES W. CAVANAUGH AT: TYPE OF ACTION 3808 CHIPPENHAM ROAD XX Notice of Sheriff s Sale MECHANICSBURG, PA 17050-2198 SALE DATE: 09/08/2010 SERVED Served and made known to 7MnE5 bU. ~A'VA^N~Defendant on the~~day of /~~'~ , 20 10 , at (0: 4 2, o clock A . M., at 308 Ott t pl'e N t~A~m 120 /F~ , in the manner described below: / Defendant personally served. Aa£CNA~Irs i34M-L, ~A ~ Adult family member with whom Defendant(s) reside(s). .~ Relationship is ~-.) ~ ,.,, _ Adult in chazge of Defendant's residence who refused to give name or relationship. ~ ~ ~' _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ;.?? ~' " ~ ic1 ~ -.-~ _ Agent or person in chazge of Defendant's office or usual place of business. ~ ~~ i ; ,r! _ an officer of said Defendant's company. ~ -ts ~ ~ r' Other: -_~ ~~ ~ - ~ _,.. Description: Age A~0 Height V lay Weight ~ ~0 Race W Sex M Other ~~ I, ~QN~-tip (Vl0 Iti , a competent adult, being duly sworn according to law, depose anda'ft that I : ~ - 1:1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth hdr~in, issued in the captioned case on the date and at the address indicated above. Swom to and subsc 'bed LRLY CURTY before me this ~ day KIMB • Np~'.~,RY PUBLIC . of ~, 20 (D ~ S"fA'C~ ~P 1JCW 1ERS6Y ~~ ~G~~ • . • • Notary: y: ~1/ lutY COIvIM155lON >w1c1'IRES MARCH 1,1013 NOT SERVED On t e f , ZO_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed offore me this ~~ day B > y: Notary: ATTORNEY FOR PLAIIV'I'IFF Iswrena T. P6ehe, Esq., Id. No. 32227 F}arrek S. NaBhuw, Eaq., id. Nor 62695 Dordd G.3chrnleg, Eq., h1. No. 62205 Mkheie M. Bradford, Eaq., hi. No.69649 Judith T. Roroaeo, Eaq., Id. No. 58745 Sheetal R Shah-Joni, Eeq., hl. No. 81760 ]enh¢ R Davey, Fsq., hi. No. 67077 I.aurea R Ta6as, Eeq., W. No. 93337 Vivek Srivastava, Eeq., ~. No. 202331 Jay B. ]orror, Esq., hL No. 86657 Pelee J. Mal®hy, ~4+ Id. No. 61791 Andrea L Spivark, Eaq., ]d. No. 84439 Jafine Mcl;uhmeae, Esq., ht Na 90134 Chrieovalan0e P. Fl~kas. Eeq., b. No.9462U Joshua 6 Gotlmaw, Esq., Id. No. 205047 \ caaraa.y R Done, Esq, Id. Nor 206779 Andrew C. BrarebMl, Esq., ld. No. 20&i75 One Pmn Center at SuMr Station J L , ;J C0U'NTY 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. 20233,1 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 Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County V. No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 223258 Plaintiff; by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 7, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A, 2. Judgment was entered on January 22, 2010 in the amount of $261.437.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:10-01511 on February 25, 2010. The Plaintiff obtained relief from the bankruptcy stay by order of court dated March 29, 2010. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on November 3, 2010. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: 223258 Principal Balance $251,368.97 Interest Through November 3, 2010 $21,106.11 Per Diem $38.74 Late Charges $303.00 Legal fees $2,650.00 Cost of Suit and Title $1,506.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Susperise/Misc. Credits ($0.00) Escrow Deficit $10,479.99 TOTAL $287,434.57 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 15, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. 223258 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: _ "A f [&If D 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 ?ourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 223258 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 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 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County V. No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 223258 I. BACKGROUND OF CASE JAMES W. CAVANAUGH and BARBARA M. CAVANAUGH executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 19I. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 223259 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty 'rust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh y. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157. 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 223258 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266., 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 223258 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. CiticorRv. Morrisville 223258 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 223258 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 223258 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schnieg, LLP DATE: By: - -I [ (ff yte:> - L-!?'rawrence 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 Attorney for Plaintiff 223258 Exhibit "A" 223258 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, 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 K 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. BrambleM Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 1.9103 215-563-7000 223258 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 V, Plaintiff JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 Defendants c J C? ? hs ATTORNEY FOR PLA" . COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9 ?-"T O ?r CUMBERLAND COUNTY C1V11, ACTION -1,AW COMPLAINT IN MORTGAGE FORECIDSTIRR We hereby certify the within to be a true and correct copy of the original filed of record TT?RNEFUG File M 223258 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 223258 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 4249. 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 08/01/2009 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 #: 223258 6 The following amounts are due on the mortgage: Principal Balance $251,368.97 Interest $6,043.44 07/01/2009 through 12/03/2009 (Per Diem $38.74) Attorney's Fees $1,300.00 CumulatiSt-'Late Charges $227.25 lo to 12/03/2009 = pections $30.00 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search $550-00 Subtotal $259,539.66 Escrow Credit $0.00 Deficit $0.00 Subtotal $90Il TOTAL $259,539.66 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are inconformity 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 Sheriff's Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeldng a judgment of personal liability (or an in nercj nnam 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 bankuptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 223258 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in min Judgment against the Defendant(s) in the sum of $259,539.66, together with interest from 12/03/2009 at the rate of $38.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ?wence 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 Jenne 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. 86557 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 #: 223258 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 69, Kingswood, Phase I, as recorded in Cumberland County Plan Book 54, Page 95, formerly known as Hampden Square, Plan No. 5, Phase III, as recorded in Cumberland County Plan Book 52, Page 145, more particularly bounded and described as follows, to wit: BEGINNING at a point on the north side of Chippenham Road, said point being a distance of 495.88 feet east of lands now or formerly of South Central Services Corporation, et al.; thence by line of Lot No. 70, North 44 degrees 23 minutes 50 seconds East, a distance of 120 feet to a point at lands now or formerly of South Central Services Corporation, et al.; thence by same, South 45 degrees 36 minutes 10 seconds East, a distance of 100 feet to a point at line of Lot No. 68; thence by same, South 44 degrees 23 minutes 50 seconds West, a distance of 120 feet to a point on the north side of Chippenham Road; thence by same, North 45 degrees 36 minutes 10 seconds West, a distance of 100 feet to a point, the place of BEGINNING. CONTAINING 12,000 square feet, more or less. BEING known and numbered as 3808 Chippenham Road, Mechanicsburg, Pennsylvania. PARCEL NO.10-16-1056-092 Pile #: 223258 VERIFICATION :Herman John Kennerty hereby states that he/she is V.P. Loan Documentation of AMERICA'S SERVICING COMPANY, 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 IS Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: erman John Kennerty DATE: 12/04/09 Title: V.P. Loan Documentation Company: AMERICA'S SERVICING COMPANY File #: 223258 Cavanaugh Exhibit "B" 223258 S' , I'll 'V-- . Attortegr Plaintiff r N a - ?? - T1 ITl r • .?' :y A r? r tom) rn r? -*° ?J• C i C. - O rn CD 47- 215-563-7000 S J„ , n DEUTSCHE BANK NATIONAL TRUST AND COUNTY COMPANY, AS TRUSTEE FOR $' MORGAN STANLEY ADS CAPITAL I COURT OF Ca N PLEAS INC. TRUST 2006-WMC2 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 Jenne 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 VS. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH : CIVIL DIVISION : No. 09-8408 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against JAMES W. CAVANAUGH, and BARBARA M. CAVANAUGH, 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 $259,539.66 Interest -12/04/2009 to 01/21/2010 $1,898.26 TOTAL $261,437,92 I hereby certify that (1) the Defendants' last known address is 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198, and (2) that notice been given in accordance with Rule 237. 1, copy attached. Lawrence . helan, 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, Esquir ; 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 # 223258 PROTHONOTARY Exhibit "C" 223258 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JAMES W. CAVANAUGH A/K/A JAMES W. WILLMANN Bk. No. 1:10-bk-01511 MDF BARBARA M. CAVANAUGH A/K/A BARBARA MYREE TALLON A/K/A BARBARA MYREE TALLON CAVANAUGH Chapter No. 7 Debtors DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN 11 U.S.C. §362 STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Movant V. JAMES W. CAVANAUGH A/K/A JAMES W. WILLMANN BARBARA M. CAVANAUGH A/K/A BARBARA MYREE TALLON A/K/A BARBARA MYREE TALLON CAVANAUGH Respondents and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3808 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050-2198, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, Dated: March 29, 2010 Case 1:10-bk-01511-MDF Doc 15 Filed 03/29/10 Entered /29/ 09:3??Aank 94e Main Document Page 1 of 1 (Je) Exhibit "D" 223258 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey September 9, 2010 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH MECHANICSBURG, PA 17050-21.98 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2 v. JAMES W. CAVANAUGH, and BARBARA M. CAVANAUGH Premises Address: 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-8408 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by September 14, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ours, V awrence T. Phelan, Esquire -F'r-ancis S. Hall:inan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire 223258 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 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 223258 'c1 y ? o y' c n. ? Q o U `^ b y ? o n ? ?z a? w 3 o ?o ?n 3 ? a ` n :y s; c? F? r.. O O Q ? R O O ? w c = g' , p ro o j3 y 3 5 0 0? ? . o _ o n m w a O W `o N C U Q 2 ,? (p J (D w - m m ? 0. <\ A N m v ? w W tv y 5 0 c s ro ? w x _ a?y3 oro ? m . 0 0 w c _ n '4 ,y N O ? ? V W N ?. r O z Q. A r b '' cl N Ca A. ro N Z' a- C7 fb Y a ??z za a a? r c _ r Z con Zan % oC4 a z z a m P - 00 8 ? IrD J Ln k" fb 'G t? ? a O m ? a a? n tA ? r r o y b cn ?a 00 3 O ?y, O O r? A G C fb CA W Go n I 'S7 C'1 1 a f. ! f sb 4WFS ? $ 01.2611 A VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: _ By: awrence 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 223258 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 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 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County V. No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants CERTIFICATION OF SERVICE 223258 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 Phelan Hallinan & Schmieg, LLP DATE: 1(61 By: awrence 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 ourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 223258 ,,.- ,-,~ 1 , ~;7-~Fa iG gE~ C U cuiU ", ! j" . , 's ~'~ ~. e : e .g~i, 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- WMC2 Plaintiff v. JAMES W. CAVANAUGH BARBARA M.CAVANAUGH Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. ~c~~~~~s may ~ ~ C ~~~ J. ~~- 4~a~ ~ ~v 223258 FILED-OFFICE CF THE P 0 X9 N,OTARY 2 E3 SE ?8 N I: 1i0 "Q.ia lER I_ "0 COUNT";' ?{SY tfr a ids f uf`;f7. A 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 FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff V. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 CERTIFICATION OF SERVICE 223258 I hereby certify that a true and correct copy of the Rule Returnable dated September 21, 2010 was sent to the following individuals on the date indicated below. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 DATE: 4-a-tLa By: Phelan Hallinan ? Lawrence T. Phelan, Esq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. 62695 D aniel 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 223258 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- WMC2 Plaintiff V. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Court of Common Pleas : Civil Division CUMBERLAND County No. 09-8408 Defendants RULE AND NOW, this j_ day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 223258 AILED-G~~lG~ G~ ~'~?~ '~ZG~~{QE~GTr'~F`~ ~~ ~ o a~~ 2 i P~ ~: Phelan Ha11'~~nan & 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. Rgmano, 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 Chrisovalar-te 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 Philadelphira, PA 19103 215-563-7000 DEUTSCI-~E BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 JAMES W~ CAVANAUGH BARBARI~ M. CAVANAUGH Defendants MOTION TO MAKE RULE ABSOLUTE 223258 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on September 17, 2010. 3. A Rule was entered by the Court on or about September 21, 2010 directing the Defendants. to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and mazked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on September 24, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 11, 2010. 223258 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause abso~ute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP --- , DATE: ~ ~ BY~ ^ Lawrence T. Phe 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 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 223258 F~LEp-OF1=1~L ~~~aac~ 2! P~ 3: 2~ ~'~:~~B~RLA~~~ C~'~z`~~~~"~. Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 3222? ATTORNEY FOR PLAINTIFF 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. Brarnblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County v. . No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants CERTIFICATION OF SERVICE 223258 I hereby certify that a true and correct copy of the Rule Returnable dated September 21, 2010 was sent to the following individuals on the date indicated below. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 DATE: ~ a By: Phelan Hallinan ~„j Lawrence T. Phelan, Esq., Id. No. 32227 cis. S. Hallinan, Esq., Id. No. 62695 el 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 223258 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~ ~ W By: ~ j ^ Lawrence T. P ,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 [~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 ATTORNEY FOR PLAINTIFF 223258 ~. ~ 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 FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff v. JAMES W. CA~ANAUGH BARBARA M. CAVANAUGH Defendants ~'Ui~~~RL~,'~ ~P,~+~T~' ( ~~'S"1'~_';r~ cr~8~, ZO10 QCj 2 ~ PP9 ~. ».: , ~~~ TNT ~~~ ~'`~Q} ~ TAP' .t j ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 CERTIFICATION OF SERVICE 223258 . , .,rr I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH 3808 CHIPPENHAM ROAD MECHANICSBURG, PA 17050-2198 Phelan Hallinan & Schmieg, LLP DATE: ~~ 1O ~ By: ^ Lawrence T. P el ,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 ^ with 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 223258 OCT 2 2 2010 FI~.ED-O~FtCE OF THE PROTHONOTARY ?010 ~'T ? ~ ~~ ~~ 4 7 Ctl~1EiE ~~A°~O COt1t~TY y ~,.# "~~~"'SY~.YAPddA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County v, No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants ORDER AND NOW, this ~,~ day of 6 L~ , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 Interest Through November 3, 2010 Per Diem $38.74 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation $251,368.97 $21,106.11 $303.00 $2,650.00 $1,506.50 $0.00 $0.00 223258 AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $20.00 ($0.00) $10,479.99 $287,434.57 Plus interest from November 3, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ia~zs /rD ~~ BY THE C URT Ca J. 223258 223258 ,, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-WMC2, by and through its attorneys, Phelan Hallman & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on September 17, 2010. 3. A Rule was entered by the Court on or about September 21, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on September 24, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 11, 2010. 223258 ,. _. 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 FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006- WMC2 Plaintiff v. JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants ocr 2 2 za~a ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-8408 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 223258 A Motion to Reassess Damages was filed with the Court on September 17, 2010 A Rule was entered by the Court on or about September 21, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on September 24, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 11, 2010. 223258 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP _~ DATE: Q ~ By: ^ Lawrence T. Phel 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 [/]~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 223258 Exhibit "A" 223258 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I 1NC. TRUST 2006- Civil Division WMC2 Plaintiff CUMBERLAND County v. No. 09-8408 JAMES W. CAVANAUGH BARBARA M. CAVANAUGH Defendants RULE AND NOW, this_~~ day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ~~/ " 223258