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HomeMy WebLinkAbout11-6875UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 PAIGE M. BELLING, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinas(k?udrenxom DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant(s) R Y, D?0 pT ATT(4& A4, ,VT '?IFF :-1;4. KLAN OUNT`' NNSYLVA, A D rv r.?} { C) a. n ?o I-- > c= ?+ S COURT OF COMMON PI?TA? CIVIL DIVISION CUMBERLAND County NO. ?' - ? S 0 bV' COMPLAINT IN MORTGAGE FORECLOSURE 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 OW 44 a?opda 0" 19-11-1 MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank Assignee: Deutsche Bank National Trust Company as Trustee Date of Assignment: 04/08/2008 Recorded Date: 05/05/2008 Book/Instrument #: Instrument Number: 200814588 Page: NA Assignor: Deutsche Bank National Trust Company as Trustee Assignee: DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Date of Assignment: Recorded Date: Book/Instrument #: Page: 2. Upon information and belief Defendant(s) and/or their predecessor: Pamela J. Eshleman (hereinafter "Defendants"), are the owners of property located at 327 Salt Road, Enola, PA 17025, by virtue of Deed dated 08/30/2005 and recorded 08/31/2005 in Official Records Book 270 at Page 3624 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property") 3. On 08/30/2005, Defendant(s) and/or their predecessor: PAMELA J. ESHLEMAN promised to pay to the order of Wilmington Finance, a division of AIG Federal Savings Bank, the principal sum of $96,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 08/30/2005, Defendant(s) and/or their predecessor: PAMELA J. ESHLEMAN to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank, the Property which is the subject of this action. The Mortgage was recorded on 08/31/2005 in Official Records Book 1921 at Page 0588. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 08/01/2010, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $88,235.47 Accumulated Interest $6,864.64 Accumulated Late Charges $113.83 Title report $300.00 Attorney Fee $1,300.00 Property Inspection $10.50 Prior Servicer Fees $751.88 Grand Total $97,576.32 The above figures are calculated as of 07/28/2011: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 7.12500 %. The per diem interest accruing on this debt is $17.51 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $31.46. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage, The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $97,576.32 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. B <7 i • Exb1bit A - Legal Description . TRACT #1: ALL THAT CERTAIN piece, parcel, lot or tract of land situate.in East Pennsbom Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Salt Road one hundred ninety-five and thirty-five one-hundredths (195.35) feet south of the center of the intersection of the Salt Road and the state highway leading from Summerdale to Wertzviile; thence along the center of said Salt Road South forty-one degrees, forty-five minutes East (S 41'45' E) fifty (50) feet to a point in the center of said Salt Road; thence along lands now or formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48' 15' W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty-one degrees, forty-five minutes West (N 41'45' W) fifty (50) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty-eight degrees, fifteen minutes East (N 48'15' E) one hundred fifty (150) feet to a point, the place of BEGINNING, together with any and all improvements thereon. TRACT #2: ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsbom Township, Cumberland County, Pennsylvania,.bounded and described as follows, to wit: BEGINNING at a point in the center Be of State Highway No. 21074, also known locally as the Salt Road, which point is a corner of land now or formerly of Kathryn E. Stalter, thence along said land now or formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48' 15' W), a distance of one hundred fifty (150) feet to a point in line of land now or formerly of John L. Gutshall; thence along said land now or formerly of the said John L. Gutshall, South forty-one degrees, forty- five minutes East (S 41'45' E), a distance of ten (10) feet to a point in line of land now or formerly of Charles Kauffman; thence by land now or formerly of said Charles Kauffman, North forty-eight degrees, fifteen minutes East (N 48'15' E), a distance of one hundred fifty (150) feet to a point in the center of said first mentioned public road; thence along the center of said first mentioned public road, North forty-one degrees, fifteen minutes West (N 41' 15' W) a distance of ten (10) feet to a point, the place of BEGINNING, together with any and all improvements thereon. BEING the same two tracts of land which Gary D. Stalter, Administrator C.T.A. of the Estate of Kathryn E. Stalter granted and conveyed unto Todd Fulton and Michelle Fulton, husband and wife, by deed dated March 28, 2002, and recorded on April 2, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 251, Page 264. HAVING thereon erected a residential dwelling known and numbered as 327 Salt Road, Enola, Pennsylvania. Ocwen Loan Servicing, LLC P.O. Box 24737 O -C W r N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address.) WW W'.0C W I N.CQNl June 14, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515142129496 Reference Code: 1105 Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 Loan Number: 705625101 Property Address: 327 Salt Road, Enola, PA 17025-0000 PLEASE SEE THE ENCLOSED DOCUMENT C "AHIBIT A DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 Ocwen Loan Servicing, LLC June 14, 2011 P.O. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address) W W ", .OC WEN.C01`,1 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the- Counseling Agency_ The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (7 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counselling Agency may be able to help explain it You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Pamela J. Eshleman PROPERTY ADDRESS: 327 Salt Road Enola, PA 17025-0000 LOAN ACCT. NO.: 705625101 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 0, Ocwen Loan Servicing, LLC P.O. Box 24737 .... _................. West Palm Beach, Florida 33416-4 73 7 C C W E N (Do not send correspondence or payments to the above address.) 1t'?'u .JCt'EI?.C'OM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TE MPO RARY STAY OF F ORECLOSURE -Under th e Act, you ar e entitled to a temporary sta y of foreclosure on you r mo rtgage for thirty (30 ) days from the date of this Notice Durin g that tim e you must arrange and attend a "face- to-f ace" meeting with one of the consumer credit counse ling agencies fisted at the end of this Notic e, THIS MEETING MU ST O CCUR WITHIN T HE NEXT (30) DAYS. IF YOU DO N OT APPL Y FOR EMERGE NCY MORTGAGE ASS ISTA NCE. YOU MUS T BRING YOUR MORT GAGE UP TO DAT E THE PART O F THIS NOTIC CA LLE D"HOW TO CURE YOUR MORTGAGE DEF AULT", EXP LAINS H OW TO BRING Y _ OUR MORTGAGE UP TO D ATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counselling agencies for the. county in which the lropeM is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 .................... Ocwen Loan Servicing, LLC P.O. Box 24737 -........... . West Palm Beach, Florida 33416-4 73 7 O C W E N (Do not send correspondence or payments to the above address.) NV \ .OCU'Eh.COM NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 327 Salt Road, Enola, PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10 payments in the amount of $ 780.03 from September 01. 2010 through June 14, 2011 Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 6,398.29 $ 0.00 $ 1,508.60 $ 82.01 $ 25.00 $ 751.88 $ 689.88 $ 0.00 $ 8,075.90 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,075.90, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram. Cashier's Check, Certified Cheek or Money Order made. payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE. DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY neriod you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS A - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale, You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorne fees and costs connected with the thc foreclosure y sale and any other costs connected with the Sheriffs ale a specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.21 I his communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 0, Oewen Loan Servicing, LLC P.O. Box 24737 O '--- C °-• W - E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) xA'W\&.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.21 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 VERIFICATION The undersigned, hereby states that he/she is the attorney for the Plaintiff; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents. The statements made in the foregoing pleading are true and correct to the best of his/her information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. B UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 PAIGE M. BELLING, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(i?udren.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: f r RO F HONOTAR 201I SP -2 AH ID: 32 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. ) V l 01 S l LV t 1 Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Daniel S. Siedman, Esquire; Heather Riloff, Esquire, Paige M. Bellino, Esquire; Lee Schottenfeld, Esquire; Harry B. Reese, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFICES, P.C. B - i?17 ? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID # 90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee under Pooling and Servicing CIVIL DIVISION Agreement dated as of January 1, 2006 Cumberland County Morgan Stanley Home Equity Loan Trust 2006-1 No. 11-6875-Civil Plaintiff V. Pamela J. Eshleman Defendant r n ° r* ? M ' ?. c Ica o ? PRAECIPE TO SUBSTITUTE PAGE TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE TO CONFORM WITH Pa.R.C.P. 204.1 TO THE PROTHONOTARY: Kindly substitute the attached pages for pages 1 and 2 of Plaintiff s Complaint in Mortgage Foreclosure with regard to the captioned matter filed on September 2, 2011 to conform with Pa.R.C.P. 204.1. Respectfully submitted, UDREN LAW OFFICES, P.C. By: SHER'Rf J. BRAUNSTEIN, ESQUIRE Attorney for the Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 PAIGE M. PRONOVOST, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s udrenxom DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, as Trustee under POOLING CIVIL DIVISION AND SERVICING AGREEMENT Dated CUMBERLAND County as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 NO. I1-6875-Civil C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant COMPLAINT IN MORTGAGE FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID # 90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a udren.com Deutsche Bank National Trust Company, as € COURT OF COMMON PLEAS Trustee under Pooling and Servicing CIVIL DIVISION Agreement dated as of January 1, 2006 = Cumberland County Morgan Stanley Home Equity Loan Trust 2006-1 - w -- No. 11-6875-Civil ''' -' ? k- ` - Plaintiff - ' v. ;n ?' a Pamela J. Eshleman -Py C c€7 ?=? Defendant ` PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to Plaintiff's Complaint filed on September 2, 2011 with regard to the above captioned matter. Respectfully submitted, UDREN LAW OFFICES, P.C. By: SHE J. BRA STEIN, ESQUIRE Attorney for the Plaintiff please UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 PAIGE M. BELLINO, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a-mdren.com ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. VERIFICATION The undersigned states that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the information and belief of the undersigned. The undersigned understands that this statement is made subject tithe penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: I 2O Name: Chr!S HeVichen Title: Contract anagment Coordinator Company: Ocwen Loan Servicing, LLC as servicer - On behalf of Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-1 MJU #: 11070417 CASE #: 11070417-1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID # 90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-1 Plaintiff V. Pamela J. Eshleman Defendant ` -.» tTl 7 C t--. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County y , C ?s? C., No. 11-6875-Civil ' PRAECIPE TO ATTACH ASSIGNMENT OF MORTGAGE TO THE PROTHONOTARY: Kindly attach the executed Assignment of Mortgage, sent for recording and recorded on October 10, 2011 as Instrument # 201127937 as an Exhibit to Plaintiff's Complaint in Mortgage Foreclosure with regard to the captioned matter filed on September 2, 2011. P?e?Se Respectfully submitted, UD LAW OFFICES, P.C. By: SHERRI J. BRAUNSTEIN, ESQUIRE Attorney for the Plaintiff THE ABOVE SPACE FOR RECORDING USE ONLY 6770562510119????? t? l Attomey Code: 13760 ASSIGNMENT OF MORTGAGE PENNSYLVANIA This ASSIGNMENT OF MORTGAGE from DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, whose address is c/o Ocwen Loan Servicing, LLC. 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 ('Assignor's to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF JANUARY 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1, whose address is Go Ocwen Loan Servicing, LLC. 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 ("Assignee"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE does l4ere6y assign all of"'its nght""title arid'interest, 'as"holderof; 6 "the folldWi-fig'-desddI56d mortgage, the property described and the indebtedness secured by the mortgage to the above referenced Assignee. Mortgagor: PAMELA J. ESHLEMAN Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS BANK Dated: AUGUST 30, 2005 Amount: $ 96,000.00 Recorded: AUGUST 31, 2005 County: CUMBERLAND Book: 1921 Page: 0588 Property Address: 327 SALT ROAD, ENOLA, PA Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this 02ND day of AUGUST, 2011 ATTEST: Name: Noemi Morales Title: Supervisor of Contract Management STATE OF FLORIDA _ ) )SS COUNTY OF PALM BEACH ) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE BY itS,ATTORNEY IN FACT OCWEN LQAN SERVICING, LLC Clara H. Taborda Title: Contract Manager I G ('e.co (cue 6 - _ ? ac icJ ? t r 0 axe, f -\--*? acs I C t+ (o BE IT REMEMBERED, that on this 02ND day of AUGUST, 2011, before me, the subscriber, a Notary Public personally appeared Clara H. Taborda, Contract Manager and Noemi Morales, Supervisor of Contract Management at Ocwen Loan Servicing, LLC, Attorney-in-Fact for DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolutio of its Board of Directors. Votary Public State of Florida f kn;sts ?3ebasban ?,,mmiss" EE050513 Notary ublic - t ° Expires12120}20t4 KrYS?& S? I hereby certify the ddress of the Assignee is: NAME: SSeC When recorded return to: c/o Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Phone Number: 561-682-8835 0 Exhibit A. - Legal Description TRACT #1: ALL THAT CERTAIN piece, parcel, lot or tract of land situate.in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Salt Road one hundred ninety-five and thirty-five one-hundredths (195.35) feet south of the center of the intersection of the Salt Road and the state highway leading from Summerdale to W ertzvme; thence along the center of said Salt Road South forty-one degrees, forty-five minutes East (S 41'45' E) fifty (50) feet to a point in the center of said Salt Road; thence along lands now or formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48' 15' W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty-one degrees, forty-five minutes West (N 41'45' W) fifty (SO) feet to a stake; thence along lands now or formerly of John L. Gutshall, North forty-eight degrees, fifteen minutes East (N 4$'15' E) one hundred fifty (150) feet to a point, the place of BEGINNING; together -Aith any and all improvements thereon- TRACT #2: ALL THAT CERTAIN piece, parcel; lot or tract of land situate in East Pennsbom Township, Cumberland County, Pennsylvania,.bounded and described as follows-to wit: ......... ........... _ BEGINNING at a point in the center line of State Highway No. 21074, also known locally as the Salt Road, which point is a corner of land now or formerly of Kathryn E. Stalter; thence along said land now or formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48'15' W), a distance of one hundred fifty (150) feet to a point in line of land now or formerly of John L. Gutshall; thence along said land now or formerly of the said John L. Gutshall, South forty-one degrees, forty- five minutes East (S 41'45' E), a distance of ten (10) feet to a point in line of land now or. formerly of Charles Kauffman; thence by land now or formerly of said Charles Kauffman, North forty-eight degrees, fifteen minutes East (N 4$' 15' E), a distance of one hundred fifty 0 50) feet to a point in the center of said first mentioned public road; thence along the center of said first mentioned public road, North forty-one degrees, fifteen minutes West (N 41'15' W) a distance of ten (10) feet to a point, the place of BEGVQ4ING, together with any and all improvements thereon. BEING the same two tracts of land which Gary D. Stalter, Administrator C.T.A. of the Estate of Kathryn E. Stalter granted and conveyed unto Todd Fulton and Michelle Fulton, husband and wife, by deed dated March 28, 2002, and recorded on April 2, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 251, Page 264. HAVING thereon erected a residential dwelling known and numbered as 327 Salt Road, Enola, Pennsylvania. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID # 90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as € COURT OF COMMON PLEAS Trustee under Pooling and Servicing ' CIVIL DIVISION Agreement dated as of January 1, 2006 = Cumberland County Morgan Stanley Home Equity Loan Trust 2006-1 € No. 11-6875-Civil Plaintiff V. Pamela J. Eshleman Defendant ?w m .T, -F... „,.fir t?'? r4= PRAECIPE TO DEEM PRELIMINARY OBJECTIONS MOOT TO THE PROTHONOTARY: Kindly mark Defendants' Preliminary Objections moot as Plaintiff has filed a Praecipe to Substitute Page to Plaintiff's Complaint in Mortgage Foreclosure to Conform with Pa.R.C.P. 204. 1, a Praecipe to Attach Assignment of Mortgage and a Praecipe to Substitute Verification. Respectfully submitted, UDREN LAW OFFICES, P.C. By: I'1e?5? SHERRTJ. BRAUNSTEIN, ESQUIRE Attorney for the Plaintiff Shwa 7. Smunstefn, Esq*e PA ID 90675 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID # 90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee under Pooling and Servicing € CIVIL DIVISION Agreement dated as of January 1, 2006 € Cumberland County Morgan Stanley Home Equity Loan Trust 2006-1 Plaintiff No. 11-6875-Civil 1 ` ? n - r i. Pamela J. Eshleman -j 1 4 , `- Defendant 0 ? - - CERTIFICATE OF SERVICE I, Sherri J. Braunstein, Esquire hereby certify that I served true and correct copies of Plaintiff's Praecipe to Substitute Verification, Praecipe to Attach Assignment of Mortgage, Praecipe to Substitute Page to Plaintiffs Complaint in Mortgage Foreclosure to Conform with Pa.R.C.P. 204.1, Praecipe to Deem Moot and Certificate of Service upon the following person named herein, at their last known address or their attorney of record on this date of October ! 2011 by regular, first class mail. TO: James Vincent Natale, Esquire 209 West Patriot Street Somerset, PA 15501 Attorney for Defendant UDREN LAW OFFICES, P.C. By: SH I . BRA STEIN, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6875 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 under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1, Plaintiff (s) From PAMELA S. EMLEMAN (l) 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: $101,074.47 L.L.: $.50 Interest from 2/3/12 to Date of Sale 6/6/12 ongoing per diem of $17.51 to actual date of sale including if sale is held at a later date -- $2,188.75 Atty's Comm: % Atty Paid: $182.50 Plaintiff Paid: Date: 2/7/12 (Seal) Due Prothy: $2.25 Other Costs: David D. ell, Prothonotary Deputy REQUESTING PARTY: Name: KASSIA FIALKOFF, ESQUIRE Address: UDREN LAW OFFICES PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 plea ns@udren.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-6875 = ? M •- -? `D r: - 1 7-. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), PAMELA J. ESHLEMAN; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per Complaint Additional Interest Late Charges Per Complaint Additional Late Charges TItle report Attorney Fee Property Inspection Prior Servicer Fees Grand Total FROM TO $88,235.47 $6,864.64 07/29/2011 02/02/2012 $3,309.39 $113.83 07/29/2011 02/02/2012 $188.76 $300.00 $1,300.00 $10.50 $751.88 $101,074.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. B? Attorney for Plaintiff IA FMKOFF, LWIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED' a aff 416.5o PQ ATN DATE: Co13d88 PR ?? ,r7o 9!o a MJU#: 11070417 CASE#: 11070417-1 NokeLo k)a i lec( 3A1UQ23 ,"O)I1AII Al2eA t1 i l 01 A4 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 PAIGE M. BELLINO, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinasrbudren.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 CIO Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant(s) ATTORNEY FOR PLAINTIFF Cz _ y. C= ' OF COMMON PLEAS ? CIVIL DIVISION CUMBERLAND County NO. k\-U%--I S C1V? \ COMPLAINT N MORTGAGE FORECLOSURE 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 -4-, 1 (6 .?c of 7- ( SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor VIVO ?? ??iY?brr,??ts x? h t: 0MCE OF I+iE SKERIFF Deutsche Bank National Trust Company Case Number vs. Pamela J. Eshleman 2011-6875 SHERIFF'S RETURN Of SERVICE 09/09/2011 03:15 PM - Gerald Worthington, Deputy Sheriff, who being duly swam according to law, states that on September 9, 2011 at 1515 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela J. Eshleman, by making known unto herself personally, at 327 Salt Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHiNGT DEPUTY SHERIFF COST: $43.00 SO ANSWERS, September 12, 2011 RON R ANDERSON, SHERIFF (r.) CxmtySwe Shenk Teiaosof . inc. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 DEUTSCHE BAND NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. PAMELA J. ESHLEMAN, ET AL Defendant(s) TO:PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Date of Notice: September 30, 2011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 1.1-6875 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM. THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A. HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER. IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO iMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DIINERO SUFICIENTE PARA TAL SERViCIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SF ENCUENTR.A ESCRITA ABAJO 13ARA AVERIGUAI? DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UDREN LAW OFFICES, PC. W oodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Qleadipgs@udren.com COURT OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY, as Trustee under POOLING AND i Cumberland County SERVICING AGREEMENT Dated as of MORTGAGE FORECLOSURE January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. NO. 11-6875 Pamela J. Eshleman Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), PAMELA J. ESHLEMAN, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s) of birth and/or Social Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Attorney for Plaintiff KASM FMLKOFF, ESQUIRE PA ID 310530 MJU#: 11070417 CASE#: 11070417-1 0E201C (1I Aq . Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act NNW Page 1 of 2 Feb-02-2012 11:40:23 -4 1 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Name Based on the information you have furnished, the DMDC does not possess ESHLEMAN PAMELA any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). xA. y6t In J101,4 _ A??_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http•//www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dnidc.osd.mil/appj/scra/popreport.do 2/2/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:09DI4UT648 https://www.dmdc.osd.mil/appj/scra/popreport.do 2/2/2012 Service Members Civil Relief Act (SCRA) Page 1 of 1 ?Jlllpllkc The only Official Department of Defense A Service Members Civil Relief Act (SCRA) website. ® Information provided FREE of charge. [50 USC Appx. §§ 501 et seq, as amended] (SCRA) Service Members Civil Relief Act If you have questions about the website's digital certificate, please contact the DMDC Support Center at (800) 477-8227 Enter all available information to improve the quality of the match. SSN 19448-7328 SSN Repeat 194-48-7328 Last Eshleman First Pamela Middle Birth Yr I Month - Day Last Eshleman First Pamela Middle I_ Birth Yr ? Month J : Day Upon clicking the "LookUp" button, based on the SSN and other personal information furnished, the Department will advise you that it does 1. Not possess information regarding whether the individual is on active duty, or 2. Possess information indicating that the individual is or was on active duty. LookUp ' Erase Digital Certificate Help https://www.dmdc.osd.mil/appj/scra/scraHome.do 2/2/2012 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings a7udren.com _ DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. Pamela J. Eshleman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-6875 rn CID 'ZM aJ -.s 7IR z PLL ... CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: E Act 91 procedures have been fulfilled a Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BYE Attorney for Plaintiff KASSIA RALKOFF, ESQUIRE PA ID 310530 X?AH AWA)? UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Plead1nss(i7udren.com _ DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. Pamela J. Eshleman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-6875 C7? cn ? -Ti 7? D AFFIDAVIT OF LAST KNOWN ADDRESS UNDER RULE 76 The Defendant(s) last known address is as follows: PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. UD N LAW OFFICES, P.C. Attorney for Plaintiff kASSIA FL"OFF, ESQUIRE PA ID 310530 j'AJ UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadin$s(&udren.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. Pamela J. Eshleman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-6875 ?. ., _ PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $101,074.4 7 Interest From 2/3/2012 $ 2,188.75 to Date of Sale June 6, 2012 Ongoing Per Diem of $17.51 to actual date of sale including if sale is held at a later date (Costs to be added) $ s UDREN LAW OFFICES, P.C. ? 5o Pp?T?'/ BY 4400 Cap' U. oo Attorney for Plaintiff 1.50 d.5b KASSIA FIALKOFF, ESQUIRE PA ID 310530 _ $ 18a.5o - Po ATTy MJU#: 11070417 CASE#: 11070417-1 4a,-as &-e-0 • 5o LL a3aeh RE ft-)r;4-4wUd %. ,JE??Otf (31 Acl, UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinas(&udren.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. Pamela J. Eshleman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSJA?E' -n NO. 11-6875 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 - ?, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 327 Salt Road, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 2. Name and address of Defendant(s) in the judgment: Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 1661 Worthington Road #100 West Palm Beach, FL 33409 ?-M f?v • i Sr Mortgage Holders - None Home Equity of America, Inc. 1000 E. 80th Place, N. Tower Merrillville, IN 46410-5608 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 327 Salt Road Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Federal Tax Lien Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: UDREN LAW OFFICES, P.C. BY: MJU#: 11070417 CASE#: 11070417-1 Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310330 ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadhms(a)udren.com DEUTSCHE BANK NATIONAL TRUST ; COURT OF COMMON PLEAS COMPANY, as Trustee under POOLING 1 CIVIL DIVISION VICING AGREEMENT Dated Cumberland County AND SER as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 Plaintiff V. MORTGAGE FORECLOSURE NO. 11-6875 PAMELA J. ESHLEMAN Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 M ? j Your house (real estate) at 327 Salt Road, Enola, PA 17025 is scheduled to be sold at the Sheriffs Sale on June 6, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $101,074.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 TRACT # l : ALL THAT CERTAIN PIECE, PARCEL, LOT OR TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTER OF THE SALT ROAD ONE HUNDRED NINETY-FIVE AND THIRTY-FIVE ONEHUNDREDTHS (L95.35) FEET SOUTH OF THE CENTER OF THE INTERSECTION OF THE SALT ROAD AND THE STATE HIGHWAY LEADING FROM SUMMERDALE TO WERTZVILLE; THENCE ALONG THE CENTER OF SAID SALT ROAD SOUTH FORTY-ONE DEGREES, FORTY-FIVE MINUTES EAST (S 41° 45' E) FIFTY (50) FEET TO A POINT IN THE CENTER OF SAID SALT ROAD; THENCE ALONG LANDS NOW OR FORMERLY OF KATHRYN E. STALTER, SOUTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES WEST (S 48° 15' W) ONE HUNDRED FIFTY (150) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF JOHN L GUTSHALL, NORTH FORTY-ONE DEGREES, FORTY-FIVE MINUTES WEST (N41° 45'E W) FIFTY (50) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF JOHN L. GUTSHALL, NORTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES EAST (N 48° L5' E) ONE HUNDRED FIFTY (150) FEET TO A POINT, THE PLACE OF BEGINNING, TOGETHER. WITH ANY AND ALL IMPROVEMENTS THEREON. TRACT #2: ALL THAT CERTAIN PIECE, PARCEL, LOT OR TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP. CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTER LINE OF STATE HIGHWAY NO. 21074, ALSO KNOWN LOCALLY AS THE SALT ROAD, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY OF KATHRYN E. STALTER; THENCE ALONG SAID LAND NOW OR FORMERLY OF KATHRYN E. STALTER, SOUTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES WEST (S 48° 15' W), A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF JOHN L. GUTSHALL; THENCE ALONG SAID LAND NOW OR FORMERLY OF THE SAID JOHN L. GUTSHALL, SOUTH FORTY-ONE DEGREES, FORTY-FIVE MINUTES EAST (S 41 ° 45'E), A DISTANCE OFTEN (10) FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF CHARLES KAUFFMAN; THENCE BY LAND NOW OR FORMERLY OF SAID CHARLES KAUFFMAN, NORTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES EAST (N 48° 15'E), A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A POINT IN THE CENTER OF SAID FIRST MENTIONED PUBLIC ROAD; THENCE ALONG THE CENTER OF SAID FIRST MENTIONED :PUBLIC ROAD, NORTH FORTY-ONE DEGREES, FIFTEEN MINUTES WEST (N 41° 15' W) A DISTANCE OF TEN (10) FEET TO A POINT, THE PLACE OF BEGINNING, TOGETHER WITH ANY AND ALL IMPROVEMENTS THEREON. BEING KNOWN AS: 327 SALT ROAD, ENOLA, PA 17025 PROPERTY ID NO.: 09-13-0999-018. TITLE TO SAID PREMISES IS VESTED IN PAMELA J. ESHLEMAN, SINGLE WOMAN BY DEED FROM TODD FULTON AND MICHELLE FULTON, HUSBAND AND WIFE DATED 08/30/2005 RECORDED 08/31/2005 IN DEED BOOK 270 PAGE 3624. r _ .. _ . 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY as trustee under POOLING AND SERVICING AGREEMENT: Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1: c/o Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL33409 Plaintiff CIVIL ACTION - LAW NO. 11-6875 Civil v . Co ? rq PAMELA J. ESHLEMAN N) 327 SALT ROAD r- ENOLA, PA 17025-2050 " s Defendant ORDER AND NOW this 0? daY of February, 2012, it is hereby ORDERED and DECREED that Argument is to be held on Defendant's Petition to Open Default Judgment at? on ?3. day of 1?, 20124, BY THE COURT: 4 J. ?b?u1Seti? Oas l a( -5'ti ep le, 4 ' 2 cZ C ?'r; t 5 rite l? cl / ?/ 12 PR 1 b p? I ?4 , °?OERLAP?0 COUNTY ,PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY as trustee under POOLING AND SERVICING AGREEMENT: Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1: c/o Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL33409 Plaintiff CIVIL ACTION - LAW V. NO. 11-6875 Civil PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant ANSWER 1. Admitted. 2. Admitted. 3. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether she executed the alleged Note in favor of Wilmington Finance, a division of AIG Federal Savings Bank in the amount of $96,000. Defendant demands an offer of proof of a copy of the alleged Note. 4. Admitted. 5. Denied. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to whether an outstanding amount remains that has not been satisfied. Defendants demand an offer of proof of a list of all alleged payments made by Defendant on the mortgage so that Defendants can calculate the amount allegedly owed. 6. Denied. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to whether an outstanding amount remains that has not been satisfied. Defendants demand an offer of proof of a list of all alleged payments made by Defendant on the mortgage so that Defendants can calculate the amount allegedly owed. In addition, Defendants demand an itemization of Plaintiff's alleged attorney fee's, including the work that was performed and the fees charged for the work. Defendants demand a hearing to establish what amount for attorney fees and costs is reasonable in the present case. 7. Admitted. WHEREFORE, Defendant respectfully requests that judgment be entered for it on Plaintiff's claims and the same dismissed with prejudice. 3ames Vincent Natale, ID #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant VERIFICATION JAMES VINCENT NATALE, ESQUIRE, hereby state that I am the attorney for the Defendant in this action and verify that the statements made in the forgoing pleading are true and correct to the best of our knowledge, information and belief. The undersigned understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsificat', n to authorities. r James Vincent Natale, Esq. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY as trustee under POOLING AND SERVICING AGREEMENT: Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1: c/o Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL33409 Plaintiff CIVIL ACTION - LAW V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025-2050 Defendant NO. 11-6875 Civil CERTIFICATE OF SERVICE I served this Answer and Verification by U.S. Mail, postage prepaid, Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003 on Mark J. Udren, Esq., the attorney for the Plaintiff, Deutsche Bank National Trust Company on March 13, 2012. I declare under penalty of perjury that this information is true. Date: Server's Signature Printed Name and Ti- 1-Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address S IN TIC COURT OF COMMON ELKS ON CUMBERLAND COUN'T'Y CIVIL Fax: Mar li 2012 01:45am P001/002 U) y©. o-?, =o C; c,1 W Deutsche Bank National Trust Company as Trustee wader the pooling and Servicing Morgan Agreement Dated as of January 1> 2006 Stanley Home Equity Loan Trust 2006-1 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Case No- 11.-6875 V. Pamela J. Eshleman 327 SALT ROAD BNOLA, PA 17025-2050 Defendants CONSENT ORDER TO VACATE DEFAULT dUDOMENT ENTERER ON FEBpUARY 7, 2012 AND NOW COMES the Defendant; Pamela J. Eshleman ("Defendant"), and Plaintiff> Deutsche Bank National Trust Company as Trustee under the fooling and Servicing Agreement bated as of January 1, 2006 Morgan Stanley Horne Equity Loan Trust 2006-1 ("Plaintiff") through their respective counsel, and the parties having acknowledged that the parties do hereby agree, and the Court for good cause showing, does hereby approve, as follows: 1. On February 7, 2012, Default Judgment was entered against the Defendant in the above-captioned matter. 2- Plaintiff agrees to Open Default Judgment without prejudice and allow Defendant the opportunity to file an Answer to Plaintiff s Complaint. 3 - Defendant will file an Answer within twenty (20) days from the date of this Consent order. C Fax: Mar 6 2012 01:45pm P002/002 4. The parties agree that a facsimile signature shall have the same force and effect as an orisirW signature and that this Consent Order may be executed in counterparts. Dated: - ZD 08790 old Shepley & .Assoc., LLC 2 9 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant Dated: 2n. By: Kassia Fialkoffr, Esq. IDd#310530 Udren Law Offices, P.C. Woodcrest Corporate Center I 1 I Woadcrest Road, Suite 200 Cherry Till, NJ 08003-3620 (856) 669-5400 Attorney for Plaintiff APPROVED BY THE COURT THIS a! DAY OF 20 BY COURT_ J. M .?? imp M y s --j f-y` -' ? -^fr C CZ; r'j carol ? Sl?p/ty ? /assoc. ??s5?'? ?Gl1=E.?b D T ::F7 tl) .--4 0 N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 2 9 P1r I Richard W Stewart e:1IAl uEi?.fati? (1? Solicitor Deutsche Bank National Trust Company Case Number vs. Pamela J. Eshleman 2011-6875 SHERIFF'S RETURN OF SERVICE 03/24/2012 08:34 Aril - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting p true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 327 Salt Road, East Pennsboro Township, Enola, PA 17025, Cumberland County.' 03/24/2012 08:34 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Pamela J. Eshleman at 327 Salt Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/28/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $143.20 May 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,&-# ;17 ,5--f6LJ ?- GOU - UDREN LAW OFFICES, P.C. ` WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 DEUTk? COMP SERVI 1, 2006 LOAN ATTORNEY FOR PLAINTIFF BANK NATIONAL TRUST COURT OF COMMON PLEAS as Trustee under POOLING AND CIVIL DIVISION i AGREEMENT Dated as of January Cumberland County r2GAN STANLEY HOME EQUITY 2006-1 Plaintiff V. Pamela J. Eshleman Defendant(s) MORTGAGE FORECLOSURE NO. 11-6875 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 327 Salt Road, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 2. Name and address of Defendant(s) in the judgment: Pamela J. Eshleman 327 Salt Road Enola, PA 17025-2050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Home Equity of America, Inc. 1000 E. 80*h Place, N. Tower Merrillville, IN 46410-5608 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 327 Salt Road Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Federal Tape Lien Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: .L 146 UDREN LAW OFFICES, P.C. BY:- Attorney for Plaintiff MJU#: 11070417 CASE#: 11070417-1 KASSIA FIALKOFF, ESQUIRE PA ID 310530 - r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODiCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadin s dren.com DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, as Trustee under POOLING CIVIL DIVISION AND SERVICING AGREEMENT Dated Cumberland County as of January 1, 2006 MORGAN STANLEHOME EQUITY LOAN MORTGAGE FORECLOSURE TRUST 20,06-1 Plaintiff V. NO. 11-6875 PAMELA J. ESHLEMAN Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Pamjela J. Eshleman 327 Salt Road Enola, PA 17025-2050 Your house (real estate) at 327 Salt Road, Enola, PA 17025 is scheduled to be sold at the Sheriffs Sale on June 6, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $101 074 7, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgrhent was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i MAY ITS E TILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a'deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who Will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER O CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 TRACT # 1: ALL THAT CERTAIN PIECE, PARCEL, LOT OR TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING'AT A POINT IN THE CENTER OF THE SALT ROAD ONE HUNDRED NINETY-FIVE AND THIRTY-FIVE ONEHUNDREDTHS (L95.35) FEET SOUTH OF THE CENTER OF THE INTERSECTION OF THE SALT ROAD AND THE STATE HIGHWAY LEADING FROM SUMMERDALE TO WERTZVILLE; THENCE ALONG THE CENTER OF SAID SALT ROAD SOUTH FOR?Y-ONE DEGREES, FORTY-FIVE MINUTES EAST (S 41° 45E) FIFTY (50) FEET TO A POINT IN HE CENTER OF SAID SALT ROAD; THENCE ALONG LANDS NOW OR FORMERLY IOF KATHRYN E. STALTER, SOUTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES WEST (S 48°', 15' W) ONE HUNDRED FIFTY (150) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF JOHN L GUTSHALL, NORTH FORTY-ONE DEGREES, FORTY-FIVE MINUTES WEST (N41° 45'E W) FIFTY (50) FEET TO A STAKE; THENCE ALONG LANDS NOW OR FORMERLY OF JOHN L. GUTSHALL, NORTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES EAST (N 48° L5' E) ONE HUNDRED FIFTY (150) FEET TO A POINT, THE PLACE OF BEGINNING, TOGETHER WITH ANY AND ALL IMPROVEMENTS THEREON. TRACT #2: ALL THAT CERTAIN PIECE, PARCEL, LOT OR TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP. CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTER LINE OF STATE HIGHWAY NO. 21074, ALSO KNOWN LOCALLY AS THE SALT ROAD, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY, OF KATHRYN E. STALTER; THENCE ALONG SAID LAND NOW OR FORMERLY OF KATHRYN E. STALTER, SOUTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES WEST (S 48° 15' W), A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF JOHN L. GUTSHALL; THENCE ALONG SAID LAND NOW OR FORMERLY OF THE SAID JOHN L. GUTSHALL, SOUTH FORTY-ONE DEGREES, FORTY-FIVE MINUTES EAST (S 41 ° 45' E), A DISTANCE OFTEN (10) FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF CHARLES KAUFFMAN; THENCE BY LAND NOW OR FORMERLY OF SAID CHARLES KAUFFMAN, NORTH FORTY-EIGHT DEGREES, FIFTEEN MINUTES EAST (N 48° 15' E), A DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO A POINT IN THE CENTER OF SAID FIRST MENTIONED PUBLIC ROAD; THENCE ALONG THE CENTER OF SAID FIRST MENTIONED PUBLIC ROAD, NORTH FORTY-ONE DEGREES, FIFTEEN MINUTES WEST (N 41° 15' W) A DISTANCE OF TEN (10) FEET TO A POINT, THE PLACE OF BEGINNING, TOGETHER WITH ANY AND ALL IMPROVEMENTS THEREON. BEING KNOWN AS: 327 SALT ROAD, ENOLA, PA 17025 PROPERTY ID NO.: 09-13-0999-018. TITLE TO AID PREMISES IS VESTED IN PAMELA J. ESHLEMAN, SINGLE WOMAN BY DEED ROM TODD FULTON AND MICHELLE FULTON, HUSBAND AND WIFE DATED 08(30/2005 RECORDED 08/31/2005 IN DEED BOOK 270 PAGE 3624. WRIT QF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6875 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 under POOLING AND SERVICING AGREEMENT Dated as of January 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1, Plaintiff (s) From PAMELA J. E614LEMAN (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: $101,074.47 L.L.: $.50 Interest from 2/3/12 to Date of Sale 6/6/12 ongoing per diem of $17.51 to actual date of sale including if sale is held at a later date --- $2,188.75 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $182.50 Other Costs: Plaintiff Paid: Date: 2/1112 David D. B ell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: KASSIA FIALKOFF, ESQUIRE Address:'UDREN LAW OFFICES PC WOODCREST CORPORATE CENTER II I WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney' for: PLAINTIFF Telephone: 856-669-5400 Supreme'' Court ID No. 310530 TRUE COPY FROM RECORD In Testimony whmrot, l hew unb set my hand and the seal of aid Court at Cmliale, Pa. Thla * of 201x__. ProO?onot" P-?W 4. V.. NIL " "?T On February 9, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered 327 Salt Road, Enola, PA, 17025 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 9, 2012 By: For Claudia B-rew.baker, Real Estate Coordinator .1;?`€ .",.tiiia;t !? 111i1ti+7 $lildB?O ?'ti3 ^?r"ts, Vibb-tia'Sl lJ .J z1oz UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 DEUTSCHE BANK NATIONAL TRUST ;COURT OF COMMON PLEAS COMPANY, AS TRUSTEE UNDER =CIVIL DIVISION POOLING AND SERVICING :CUMBERLAND County AGREEMENT DATED AS OF JANUARY 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-1 :NO. 11-6875 1661 WORTHINGTON ROAD # 100 WEST PALM BEACH, FL 33409 Plaintiff V. PAMELA J. ESHLEMAN 327 SALT ROAD ENOLA, PA 17025 Defendant(s) TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT to ?y co .-t and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of costs only. DATED: July 25,_2012 11070417-1 Attorney for Plaintiff SUZASETM L WASSALL, ESQ PA ID 77788 aokl? %9, n°, C O" r'ti 0 t? 3? 3 I slas ,)as ;i.3l ?L: G.T? «2 ? 6 7C t4 i A01