HomeMy WebLinkAbout12-1554.
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. MCQUAEL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As
Trustee For The Certificateholders Of The
Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
Kathryn Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
and
Richard Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
1
C5 00
Number (9c) I P S -(
CIVIL ACTION/MORTGAGE FORECLOSURE
elsi)/
CL Ito
ICS ?Ssy
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that ifyou
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la cone. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) digs de plazo al partir
de la fecha de la demanda y la notification. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la cone en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, ]a
cone tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notification. Ademas, la
torte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAM EN TE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDF. PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Deutsche Bank National Trust Company As Trustee For The Certificateholders
Of The Morgan Stanley ABS Capital I Inc., "Crust 2005-HE2, Mortgage Pass-Through Certificates, Series
2005-HE2, duly organized and doing business at the above-captioned address.
The Defendant is Kathryn Rosario, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 807 Carolina Beach Avenue N Apartment
#2, Carolina Beach, North Carolina 28428.
The Defendant is Richard Rosario, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 807 Carolina Beach Avenue N Apartment
#2, Carolina Beach, North Carolina 28428.
4. On November 3, 2004, Kathryn Rosario and Richard Rosario made, executed and delivered
a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc.,
acting solely as a nominee for Decision One Mortgage Company, LLC. which mortgage is recorded in the
Office of the Recorder of Cumberland County in Mortgage Book 1887, Page 3772, such Mortgage being
incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P.
On August 2, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic
Registration Systems, Inc., acting solely as a nominee for Decision One Mortgage Company, LLC. to
Deutsche Bank National Trust Company As Trustee For The Certificateholders Of The Morgan Stanley AB S
Capital I Inc., Trust 2005-HE2, Mortgage Pass-Through Certificates, Series 2005-1-1E2, by Assignment of
Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument
# 201121442, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule
1019(g) Pa. R. C. P.
6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 6 Mountain View Drive, Mount Holly Springs, Pennsylvania 17065.
¦
Tax Parcel Identification Number: 40312187006
which currently has the address of 6 MOUNTAIN VWW DRIVE
[street]
MOUNT HOLLY SPRINGS , Pennsylvania 17065 ("Property Address"):
(City) [Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also 1 Pe
covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as die
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted ty
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee f(ir
Lender and Lander's successors and assigns) has the right: to exercise any or all of thos6 interests, including:,
but not limited to, the right to foreclose and sell-the Property; and to take any action required of )_endt:r
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property i nd that the Property is unencumbered, except fc r
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-imiforr.i
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering; real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Iiorrowe,:
shall pay when due the principal of, and interest on, the debt evidenced by the Note Bind any,prepaymen:
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the
Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or
(d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in acordanee with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payr4ni or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial' payment insufficient to bring the Loan current, without
waiver of any, rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay ipterest on unapplied funds.
PENNSYLVAMA-Single Family-Fannie Mae/Freddie Use UNIFORM INSIMLT UNT Form 3039 1101 (page 3 of l4 pages)
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so within a reasonable period of timo. Lender shall either apply such funds or return them. to
Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing'the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay, any late charge due, the payment may be applied to the delinquent payment and the Jute charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any
prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds-to principal due under the
Note shall not extend or postpone the due date, or change the amount, of tho Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rdnts on the Property, if any; (c) premiums for any and all
insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the
provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term
of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligatiott to pay to Lender Funds for any or all Escrow Items at any time. Any
such- waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant
to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under
Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any
such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to,Lender all Funds, and in such
amounts, that are then required under this Section 3.
Lender may. at any time, collect and hold Funds jn an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) of to exceed the maximum amount a lender can require
under PMPA. Lender shall estimate the amount of- Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
PENNSYLVANIA-Single family-Sawde Mae/Fraddle Mac UNIFORM INSTRUMENT Form 3039 1101 (page 4 of l4 pages)
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and
might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of
the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by bender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
All, insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and restoration period, Lender shall have the right to hold such
insurance proceeds until Lender has had an opportulrity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that subh inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and yhall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clairn and
related matter's. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin
when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,
Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed
the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other
than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the
Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
.Borrower's principal residence for at least one year afteIc the date of occupancy, unless Lender otherwise agrees
in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which
are beyond Borrower's control.
MNNSYLVANIA-Singb Pamily-Tannlo Mae/fteddle Xac UNWORM 1NSTRUMUNT Form 3039 1/01 (page 6 of I F pages)
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or
not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Proptaty
from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 ]hat
repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damages:[ to
avoid further deterioration or damage. If Insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs sand
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance
or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved! of
Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed, to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreehnents contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulation),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which lies priority over this
Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
:Borrower acquires fee title to the Property, the leaseh?ld and the fee title shall not merge unless Lender agrees
to the merger in writing.
PENNSYLVANIA-Single Family-Faivde Mae/fteddte Mac IUNMOItM INSTRUML+NT Torre 3039 1/01 {page 7 of 14 pages)
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Lc an,
Borrower shall pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the
. Mortgage Insurance coverage -required by Lender ceases to be available from the mortgage itrsare r that
previously provided such insurance and Borrower was required to make separately designated payments tewird
the premiums for Mortgage Insurance, Borrower shall -pay the premiums required to obtain o, rer, tge
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to `he
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer sel ec :ed by
Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall co.tti iuc to
pay to Lender the amount of the separately designated payments that were due when the insurance rovers ge
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss rose rve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Liar is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on .9 tic r is ass
reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the ar,iot nt
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurinc e. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to ma ce
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the peen iuras
.required to maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until I-cndet's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrowe, avid
Lender providing for such termination or until termination is required by Applicable Law. Nothing; ire this
Section lA affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any, entity that purchases the Note) for certain losses, it mE y
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance:.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may untor
into agreements with other parties that share or modify their risk, or reduce losses. 'these agreements ate on
tercels and conditions that are satisfactory to * the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to snake payments using any source of finds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums),
As a result of these agreements. Lender, any purchaser of the Note, another insurer, any reinsurer, an VF
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange fo r
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance. " Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
-Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - If any. - with respect to the.
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Inmirance, to have the Mortgage Insurance terminhted automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at1 the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forteiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
PENNSYLVANIA-Singlo Family-Fannte Mae/Froddle Mac L1MIa0RM 7NSTRiINEMNT Form 3039 1/01 (page 8 of J4 pages)
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration ir.. a
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or rept.ir
is. not economioally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the, excess, if any, paid
to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than tl ue
amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction;
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any, balance shall be paid to Borrower. i
In the event of a partial taking, destruction, or loss in value of the Property in which the fair inarket value
of the"Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums'are their due.
If the Property is abandoned by Borrower, or If, after notice by Lender to Borrower that the Opposing;
Party (as defined In the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by dais Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to MIscellancom
Proceeds.
Borrower shall be in • default if any action or proceeding, whether civil or crinunal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest:
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration,
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of "nder's interest in the Property are hereby assigned and
shall be paid to Lender. I
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order,provided for in Section 2.
PEWSYLVANIA-Single Pamily-Famde Mae/F)reddte Mac UPIIIr RM INSMUIVYI NT Form 3039 1/01 (page 9 of I4 pages)
_. ?w?iawr?a?irwarn ¦
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any nccornmodations
with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
14. Loan Charges. Lender may charge Borrbwer fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security
Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to
any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower
shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable
Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice t ' Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies 6 procedure for reporting Borrower's change of address,
then Borrower shall only report a change of address through that specified procedure. There may be only one
PL,NNSYLVANIA-Single Family-Fanrde Mae/Freddle Mae UNIFORM INSTRUMENT Worm 3039 1/01 (page 10 of 14 pages)
-M I
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be gi-en
by delivering it or by mailing It by first class mail to Lender's address stated herein unless Lcnder.ias
designated another address by notice to Borrower. Any notice in connection with this Security Instrument sl all
not be deemed to have been given to Lender until actually received by Lender, If any notice required by t his
Security Instrument is also required under Applicable Law, the Applicable Law rgquirement wil;1 sa isfy he
corresponding requirement under this Security Instrument. .
16. Governing Law; Severabifity; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located, All rights and obligations contair ed
in -this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable L tw
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence sh all
not be construed as a prohibition Against agreement by contract. In the event that any provision or 6.ause of
this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affcct otter
provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and inclu 9e
corr=ponding neuter words or words of the feminine gender; (b) words in the singular shall mean and inclu le
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to make any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument,
18, Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, " interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, tho.;e
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest ir(the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrumen:.
However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shad
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, }Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;
(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; o:•-
(c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred •in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and
rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that
Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay
the sums secured by this Security Instrument, shall continue unchanged. Lender may require thar.Borrower pay
such reinstatement sums and expenses in one or more,of the following forms, as selected by Lender: (a) cash;
(b) money order; (e) certified check, bank check, treasy'rer's check or cashier's check, provided any such check
Is drawn upon an institution whose deposits are insuied by a federal agency, instrumentality or entity; or (d)
Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured
hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
I'SNNSYLVAMA-Single Famlly-Fa,ude Mae/IMeddle Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 12 of 14 pages)
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note ors partial intere: t in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic PE yments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of tike Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the address to
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other t Jan the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will retrain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless orlkerwise
provided by the Note purchaser.
Neither Borrower nor Lender rpay commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those sub:lanccs
defined as toxic or hazardous substances, pollutantg, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where the Property, is located that relate to health, safety
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, cr
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing heroin shall create any obligation on Lender for an Environmental Cleanup.
PENNSYLVANIA-Single Family-Fanale Mae/Freddie Mae UNIFORM INSMUMENT Fortn 3039 1102 (page I2 uj 74 pages)
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies, bender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration
under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among
other things: (a) the default; (b) the action required to cure the default; (c) when the default must be
cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured
by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured as specified, Lender at Its option may require immediate payment
In full of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided.in this Section 22, Including, but not limited to, attorneys' fees and costs
of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower it fee for
releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24, Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one, hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the'Note..
i
PENNSYLVANIA-Single Family-Fannie Mae/Freddio Mae UNIFORM tNSTRLTNWNT Form 3039 1/01 (page 13 of 14 pages)
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
, A .' A
STATE OF PENNSYLVANIA )
COUNTY OF CUMBERLAN )
On this, the day of ;26M, before me, the undersigned
officer, personally appeared RXCIL4RD IiOSAR1 - AND KATHRYN ROSARIO known to me (or
satisfactorily -proven) to be the person(s) whose mine(s) is/are subserib to the within instrument, and
acknowledged that he/she/they executed the same for the {purposes therein cor '
In witness whereof, I hereunto set my hand and official seal.
(Seal
NOTARIAL SEAL Title of Office --
JOEY H. KELLY, Notary Public
Swatara Twp., Dauphin County MY Commission xp res:
My Commission Expires May 2, 200 Ty ed/or printed e:
CERTIFICATE OF RESIDENCE I, r b ? do hereby certify that the correct
address of the within-named lender is 6060 J.A. J < DR S ? 1 00, C ;41n • n? NORTH
CAROLINA 2828'7, witness my hand this day of ?J j (.?
PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INST XRKENT Form 3039 1/01 (page 14 of 14 pages)
(Seal) _, (Seal)
-Borrower ---
-Burro wcr
.0 0
Stewart Title
LEGAL DESCRIPTION
Legal description of the land:
ALL those two certain tracts of land with the improvements thereon situate in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
TRACT NO. 1
BEGINNING at a point on the Southern side Mountain View Drive; thence in a Southerly direction and parallel to
Highland Avenue, a distance of 120.00 feet to a point; thence in a Westerly direction along the Northern side of
Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 50.00 feet to a point; thence in a Northerly
direction along the Eastern side of Lot Nos. 8 and 9 on said Plan, a distance of 120.00 feet to a point on the
Southern side of Mountain View Drive; thence in an Easterly direction along the Southern side of Mountain View
Drive, a distance of 50.00 feet to the place of beginning.
BEING the Western 50 feet of Lot Nos. 26 and 27 on the hereinafter mentioned Plan of Lots
TRACT NO.2
BEGINNING at the Southwestern corner of the intersection of Highland Avenue and Mountain View Drive; thence
South along the Western side of Highland Avenue, a distance of 120.00 feet to a point; thence West along the
Northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 100.00 feet to a point;
thence in a Northerly direction on a line parallel with the Western line of Highland Avenue, a distance of 120.00
feet to a point; thence East along the Southern side of Mountain View Drive, a distance of 100.00 feet to the
place of beginning.
BEING the Eastern 100.00 feet of Lot Nos. 26 and 27 on the Plan of Lots known as Mt. View Addition, adjoining
Mt. Holly Springs Borough, as recorded In the Office of the Recorder of Deed for Cumberland County in Plan
Book 3, Page 86.
BEING Parcel No. 40-31-2187-006
Legal Description (200410726.PFD/20041072611)
F 1+1 Lf P 1 ri1R ?+
F-C 0e F 1
1 X14.,®
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. MCQUAI., ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As
Trustee For The Certificateholders Of The
Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
Kathryn Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
and
Richard Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
S l? I
Number (9c) 1 I Uc S
CIVIL ACTION/MORTGAGE FORECLOSURE
CIS
cL M+ % 10 3, 7 S?d 61
? ?? 1(?ISsy
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE 'THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notification. Hace falta
asentar 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 defiende, la
corte tomara medidas y puede continuer la demanda en
contra suya sin previo aviso o notification. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dincro o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADOINMEDIATAMINTE. SI USTEDNO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. F.STA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDI: PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DI LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELIGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Deutsche Bank National Trust Company As Trustee For The Certificateholders
Of The Morgan Stanley ABS Capital I Inc., "Crust 2005-HE2, Mortgage Pass-Through Certificates, Series
2005-HE2, duly organized and doing business at the above-captioned address.
2. The Defendant is Kathryn Rosario, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 807 Carolina Beach Avenue N Apartment
#2, Carolina Beach, North Carolina 28428.
3. The Defendant is Richard Rosario, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 807 Carolina Beach Avenue N Apartment
#2, Carolina Beach, North Carolina 28428.
4. On November 3, 2004, Kathryn Rosario and Richard Rosario made, executed and delivered
a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc.,
acting solely as a nominee for Decision One Mortgage Company, LLC. which mortgage is recorded in the
Office of the Recorder of Cumberland County in Mortgage Book 1887, Page 3772, such Mortgage being
incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P.
?. On August 2, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic
Registration Systems, Inc., acting solely as a nominee for Decision One Mortgage Company, LLC. to
Deutsche Bank National Trust Company As Trustee For The Certificateholders Of The Morgan Stan ley ABS
Capital 1 Inc., Trust 2005-HE2, Mortgage Pass-Through Certificates, Series 2005-HF,2, by Assignment of
Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument
# 201121442, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule
1019(g) Pa. R. C. P.
6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 6 Mountain View Drive, Mount Holly Springs, Pennsylvania 17065.
7. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due May 3, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance $ 96,063.45
Interest from April 3, 2010 through December 20, 2011 $ 11
(Plus $19.0811 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 104.79
Corporate Advance $ 490.00
Escrow Advance $ 3,438.64
GRAND TOTAL $ 1 13.278.86
9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter
13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Dctendant by regular
mail with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $113,278.86,
together with interest at the rate of $19.0811 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property. Plaintiff is obligated to pay reasonable
fees and costs, including attorneys fees for service rendered.
McCABE, WEISBERG AND CONWAY,P.C.
BY
Andrew L. Markowitz, Esquire
Attorney for Plaintiff
",\ (? i?- ?
Viz, -mea6-
?ti
VERIFICATION
QSt\Ye lr?t-
?_ hereby states that h he s \e I S ? ?,L? _ of Bank
of America, N.A., as servicing agent for Deutsche Bank National Trust Company As "Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital I Inc., Trust 2005-HE2, Mortgage Pass-Through
Certificates, Series 2005-14E2, Plaintiff in this matter, and that h she is authorized to make this
Verification and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are true and correct to the best of his er nowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of the 18 Pa. C.S. Sec 4904 relating to
unsworn falsification to authorities
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
Bye
Printed Name: 3o_JC1L-t_
Title: SStS -}-a-Y`-'t C-Q k?cS ICk_.I_YIJ_
V?S? S..Crvtc? r-?
}Y\ ?? C ? YlY ,1 CG
Deutsche Bank National Trust Company As Trustee For The Certificateholders Of The Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass-Through Certificates, Series 2005-HE2 v. Kathryn Rosario and Richard Rosario
After Recording Return To:
• Decision One Mortgage Company, LLC
` 6060 J.A. Jones Drive, Suite 1000
Charlotte, North Carolina 28287
7 RUE AMC,) C; RTiFl 1 Cop,.
(Space Above This Line For Recording Data]
Loan Number 2030041035420
MORTGAGE MIN' 100077910002970560
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Section; ;t,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided i r.
Section 16.
(A) "Security Instrument" menus this document, which is dated NOVEMBER 3, 2004, together with i.l
Riders to this document.
(B) "Borrower" is RICHARD ROSARIO AND "THR'YN ROSARIO. Borrower is the mortgagor un j ! r
this Security Instrument. !
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is act: j i; l
solely as a nominee for Lender and Lender's successors and assigns. NMI RS is the mortgagee under1fi11,1
Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address niit l
telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is Decision One Mortgage Company, LLC. Lender is a LIMITED LIABILITY COMPAN!i'
organized and existing under the laws of NORTH CAROLINA, Lender's address is 6060 J.A. JON]rIS
DRIVE, SUITE 1000, CHARLOTTE, NOR'T'H CAROLINA 28287.
(E) "Note" means the promissory note signed by Borrower and dated NOVEMBER 3, 2004. The Note statt,s
that Borrower owes Lander ON.9 HUNDRED TWO THOUSAND FOUR HUNDRED AND 00/100ths
Dollars (U.S.$102,400.00) plus Interest. Borrower has promised'to pay this debt in regular Periodic Paymenr:s
and to pay the debt In full not later than NOVEMBER 3, 2034.
(F) "Property" means the property that is described below under the heading "Transfer of Nights in thy,
Property, "
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due:
under the Note, and all sums due under this Security Instrument, plus interest.
rte ?ntr ??
PWWS'YLVAMA-Single Family-F n de Mn&MMeddle Mac UNIFOUM INgTiMUM NT Xrorm 3039 1/01 (page l oJ'14pages)
111l111111111111Jill ON IN Fit 11111 fill 111111 IN 111111I NIII IN 111111111111111111
(H) "hiders" :means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
' 0Adjustable Rate Rider ?Condominium Rider ?Second Home Rider
?Balloon Rider ?Planned Unit Development Rider ?Other(s) [specify]
? 1-4 Family Rider ?Biweekly Payment Rider
(n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(Ii) "Electronic Fonds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit ;in
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
q.) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property. I
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan. i
(Q) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIOHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS
(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS
the following described property located in the _ County of CUMBERLAND
[Type of;Recording Jurisdiction] [Name of Recording Jurisdiction_]
SEL+' ATTACEED SCHEDULE "A" j
PENNSYLVANIA-Single Family-Fannie Mite/Freddie Mae UNIFORM INSTRUyMmr Form 3039 1/01 (page 2 of 19 pages)
.1. JJ
Tax Parcel Identification Number: 40312187006
which currently has the address of 6 MOUNTAIN VIEW DIUVE
[Street]
MOUNT HOLLY SPRINGS Pennsylvania 17065
("Property Address"):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of thos6 interests, including,
but not limited to, the right to foreclose and sell 'the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling iAis Security Instrument.
BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property,
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of and interest on, the debt evidenced by the Note and any,prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3, Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the
Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or
(d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accOrdance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the paym?ni or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial' payment insufficient to bring the Loan current, without
waiver of any. rights hereunder or prejudice to its rights to refuse such payment or partial payments In the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. 11' each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay ipterest on unapplied funds.
PUNNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSMUM¢NT Form 3039 1/01 (page 3 of 14 /ages)
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so within a reasonable period of timo, Lender shall either apply such Hands or return them to
Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the fixture against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 'l, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay, any late charge duo, the payment may be applied to the delinquent payment and the late charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any
prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds-to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Fatnds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground Ants on the Property, if any, (c) premiums for any and all
insurance required by Lender under Section 5; and d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the
provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term
of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any
such- waiver may only be in, writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant
to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its rights under
Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any
such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to.Lender all Funds, and in Stich
amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) of to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 4 of I4 pages)
The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
. Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than.the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applidable Law
permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an a;uiual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with R.ESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien w?dch has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date
on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above
in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used.by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property, insured against loss by fire, hazards included within the terra "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and fpr the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove, Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge fo flood zone determination and certification services and
subsequent charges each time remappings or simil changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 5 of I4,pages)
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0
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and
might provide greater or lesser coverage than was previously in effect, Borrower acknowledges that the cost of
the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
All- insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shah name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates, If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if nor made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and restoration period, Lender shall have the right to hold such
insurance proceeds until Lender has had an opportuppity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that subh inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and phall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clabn and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will begin
when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,
Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed
the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other
than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the
Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
.Borrower's principal residence for at least one year afar the date of occupancy, unless Lender otherwise agrees
in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which
are beyond Borrower's control.
rBNNSYLVAT t2A-Single Pamily-Twnnle Mse/t>'reddie Mac '(1NWOP.M TNnULW tNT Form 3039 1/01 (page 6 of 1 A pages)
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or
not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that
repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to
avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance
or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agred rents contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lendgr's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this
Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leaseh?ld and the fee title shall not merge unless Lender agrees
to the merger in writing.
PENNSYLVAMA-Single Family-Favurde Mae/Fraddie Mac 'QNVO1tM 7NSTMVNWNT form 3039 1101 (page 7 of 14 poses)
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10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Lo in,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
. Mortgage Insurance coverage -required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments towaad
the premiums for Mortgage Insurance, Borrower shall -pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to he
cost to Borrower of the Mortgage Insurance previously in affect, from an alternate mortgage insurer selected by
Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coven ge
ceased to be in effect. Lender will accept, use and retain these payments as a non =efundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such 1< ss
reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the amot: nt
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to ma.'ce
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the preirduols
,required to maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any. entity that purchases the Note) for certain losses it mry
incur if Borrower does not repay the Loan as agreed, Burrower is not a party to the Mortgage Insurance,
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enwr
into -agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to 'the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums),
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, an;y
other entity, or any affiliate of any of the foregoing, may receive (directly dr indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
-Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - If any. » with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminhted automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at! the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forteiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
PENNSYLVANIA-Single Family-Vawde Mae/I+treddle Mae UNHOORM INSTRUN.tENT Irorm 3039 1/01 (page 8 of 14 pages)
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not-lessened. During such
+ repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration ilia
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair
is, not econornioally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
. In the event of a total taking; destruction, or loss in value of the Property, the Miscellaneous Procee is
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any, balance shall be paid to Borrower. I
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the"Property immediately }iefore the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
instrument whether or not the sums 'are their due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply tha
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in - default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of L,ender'c,
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of "ader's interest in the Property are hereby assigned and
shall be paid to Lender. I
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order -provided for in Section 2.
PEWSYLVANIA-Single Family-Fannie Mae/l)reddte Mac Xftq ORM INS'T'RUMENT Form 3039 1/01 (page 9 of I4 pages)
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender. ;
14. Loan Charges. Lender may charge Borrbwer fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security
Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to
any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower
shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constituie a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable
Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice t ' Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies 4 procedure for reporting Borrower's change of address,
then Borrower shall only report a change of address through that specified procedure. There may be only one
PENNSYLVANIA-Singie Family-Fannie Mae/Freddie Mac UMFOltM INSTItUAMNT Form 3039 1/01 (page 10 of 14 pages)
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall
not be deemed to have been given to Lender until actually received by Lender. If any notice required by this
Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained
in •this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall
not be construed as a prohibition ligainst agreement by contract. In the event that any provision or clause of
this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest its the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice sha[I
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
10. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enfbreement of this Security Instrument discontinued at any time prior to the earliest
of. (a) five days before sale of the Property pursuant to any power of sale contained In this Security Instrument;
(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or
(c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and
rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that
Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay
the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses in one or more.of the following forms, as selected by Lender: (a) cash;
(b) money order; (c) certified check, bank check, treasqy'rer's check or cashier's check, provided any such check
:is drawn upon an institution whose deposits are insuted by a federal agency, instrumentality or entity; or (d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured
hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
P1TNNSYL`t'ANiA-Single Family-Fannie Mae/Fraddle Mae UNIFORM INSTRUAWNT Dorm 3039 1/01 (page II of I4 pages)
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial intere!;t in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the -Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the address to
which payments should be made and any other information 12ESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.
Neither Borrower nor Lender rimy commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20,
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Envircrvnental
Law" means federal laws and laws of the jurisdiction where the Property, is located that relate to health, safety
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a cordition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shalt not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UMFORM INSTRUMENT T+ornu 3039 1/02 (page 12 of 74 pages)
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower of, Among
other things: (a) the default; (b) the action required to cure the default; (c) when the default must be
cured; and (d) that failure to cure the default as specified may result in acceleration of the sums ,secured
by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to accelerati on and
foreclosure. If the default is not cured as specified, Lender at its option may require immediate ptyment
in hull of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided.in this Section 22, including, but not limited to, attorneys' fees and costs
of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower it ?ee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24, Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases imy error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale;, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff'a sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
PENNSYLVANIA-Single Family-nmde Mae/Freddie Mac UNIFORM INnRUMIdNT Form 3039 1/01 (page 13 of 14 pages)
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
4 1) n n
STATE OF PENNSYLVANIA )
COUNTY OF CUM13ERL )
On this, the day of
o ARI AND before me, the -undersigned
officer, personally appeared RICHARD ROS
of ier p KATHRYN ROSARIO , ]mown to me (or
saty proven) to be the person(s) whose n e(s) is/are subscribed to the within instrument, and
acknowledged that he/she/they executed the same for the purposes therein cunt
In witness whereof, I hereunto set my hand and off elal seal.
(Seal
NOTARIAL SEAL Title of Office
JOEY H. KELLY, Notary Public
Swatara Twp., Dauphin County MY Commission cp res:
My Commission Expires Ma 2, 2005 Typed or printed e: --
CERTIFICATE OF RESIDENCE I, , `? V
address of the within-named lender is 6060 J.A. J ? do hereby certify that the correct
CAROLINA 28287, witness my hand this Do f S s 100, CIi(NORTH
Y 11 (.f
PENNSYLVANIA-Single Family-D'annie Mae/Preddle Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 14 of 14 pages)
(Seal)
_ _(Seal)
-Borrower '--'--
-Burrower
.0 0
Stewart Title
LEGAL DESCRIPTION
Legal description of the land:
ALL those two certain tracts of land with the improvements thereon situate in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
TRACT NO. 1
BEGINNING at a point on the Southern side Mountain View Drive; thence in a Southerly direction and parallel to
Highland Avenue, a distance of 120.00 feet to a point; thence In a Westerly direction along the Northern side of
Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 50.00 feet to a point; thence in a Northerly
direction along the Eastern side of Lot Nos. 8 and 9 on said Plan, a distance of 120.00 feet to a point on the
Southern side of Mountain View Drive; thence In an Easterly direction along the Southern side of Mountain View
Drive, a distance of 50.00 feet to the place of beginning.
BEING the Western 50 feet of Lot Nos. 26 and 27 on the hereinafter mentioned Plan of Lots
TRACT NO.2
BEGINNING at the Southwestern comer of the Intersection of Highland Avenue and Mountain View Drive; thence
South along the Western side of Highland Avenue, a distance of 120.00 feet to a point; thence West along the
Northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 100.00 feet to a point;
thence in a Northerly direction on a line parallel with the Western line of Highland Avenue, a distance of 120.00
feet to a point; thence East along the Southern side of Mountain View Drive, a distance of 100.00 feet to the
place of beginning.
BEING the Eastern 100.00 feet of Lot Nos. 26 and 27 on the Plan of Lots known as Mt. View Addition, adjoining
Mt. Holly Springs Borough, as recorded in the Office of the Recorder of Deed for Cumberland County in Plan
Book 3, Page 86.
BEING Parcel No. 40-31-2187-006
Legal Description (200410726.PFD/20041072611)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
t?
k. ,
? ? ' "4 t r.? a a n , ? j
Richard W Stewart
Solicitor
j ._[,,:P
Ui'''
Deutsche Bank National Trust Company Case Number
vs. 2012-1554
Kathryn Rosario (et al.)
SHERIFF'S RETURN OF SERVICE
03/19/2012 01:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March
19, 2012 at 1330 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kathryn Rosario, by making known unto herself personally, at 6 Mountain
View Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same
time handing to her personally the said true and correct copy of the same.
STEPHEN BENDER, DEPUTY
03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Richard Rosario, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Richard Rosario. Request for service at 6 Mountain View Drive, Mount Holly Springs,
Pennsylvania 17065 the Defendant was not found. Deputies were advised, Richard Rosario is thought to
be residing at 807 Carolina Beach Avenue, Carolina Beach, North Carolina 28428.
SHERIFF COST: $56.00
March 21, 2012
roi Counh?S?f?1e Sbea`f, 7?e?e?sctt. Irn.;.
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF THE MORGAN STANLEY ABS
CAPITAL I INC., TRUST 2005-HE2, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-HE2; et seq.
Plaintiff (Petitioner)
V.
KATHRYN ROSARIO; et al.
Defendant (Respondent)
CASE and/or DOCKET No.: 2012-1554-CIVIL
Sheriffs Sale Date:
AFFIDAVIT OF SERVICE
r5cp(
e?9 25's--
s
T" C m
Z? ?
® Complaint [] Summons 0 Other:
I, 1(Yl t 5.4'"N C6(1i A certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party
,
and that I attempted Yo serve RICHARD ROSARIO the above process on the aa_ day of rn *4-Q- , 2012 , at -1 : T o'clock, QM, at 807 CAROLINA
BEACH AVENUE N, APARTMENT #2 CAROLINA BEACH, NC 28428
Manner of Service:
By handing a copy to:
0 An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action*
Q The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action
Q An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action *
By handing a copy to the Defendant(s)
By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no
adult family member was found *
By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides
El By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof
7 By posting a copy of the original process on the most public part of the property pursuant to an order of court
* Name:
Relationship/Tide/Position:
Remarks:
Description: Approximate Age Height Weight Race Sex Hair
Defendant was not served because: [ Moved known QNo Answer L M vacant
? ? CAl (615 ? ztS ??)
( Other: Pied (-?sld?,.-{- V a c l u )a .r SL ,ec- {lq kXlGl? n -I w6: k ff((? _ j(Do -(0p 450
Service was attempted on the following dates/times:
1) -6 1 'aa 11-1 --) :5DqyY1
Commonwealth/State of N L'
County of ?YS
2) 3la41IA 0 lprN
SS:
)
3) 31 a- a "7= 3$ Pr--\
Before me, the undersigned notary public, this day, personally, appeared 1 r I isTN 6,3 i r S to me known, who being duly sworn according to law,
deposes the following:
I hereby swear or affirm that the factAset forth in the foregoing Affidavit of Service are true and correct.
' Subscribed and sworn to before me
(SgnatureofAffiant) RACHEL BRYANT this ?dayof?1201Z
Notary Public, North Carolcna
File Number-234-6762 Forsyth Count y
My Commission Expires
March 04, 2014 Notary Public
Jason D. Arnold, Esq
PO Box 6462
Harrisburg, Pa 17112
p 717 412 1734
f 717 307 3417
e jda jdarnoldlaw.com
Attorney for Defendant Kathryn Ingle
I F1_ _
[? P?-9 PN i 1
PENNSYLVI,?lEt,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsch Bank National Trust Company
Plaintiff
vs
Kathryn Ingle
and
Richard Rosario
Defendants
CIVIL ACTION - LAW
No. 2012-1554
MORTGAGE FORECLOSURE
Defendant Ka"h rn Ing e's Response to Plaintiffs Foreclosure
Defendant Kathyrn Ingle, by and through her attorney undersigned below, files this response to
Plaintiffs suit.
1. Admitted
2. Admitted in part and denied in part. Kathryn Ingle is a party to this suit. Ms. Ingle has had her
name changed during a divorce process to her maiden name from Kathryn Ingle-Rosario. Her
address is 6 Mountainview Dr, Mount Holly Springs, Pennsylvania, Cumberland County. She
is living at the address Plaintiff is seeking foreclosure upon. She is the real owner of the
property in this suit. She is not a mortgagor on the property. In fact, Bank of America, the
original mortgage holder has refused to deal with her in any way regarding the mortgaged
property.
3. Admitted.
4. Admitted in part and denied in part. Kathyrn Ingle was not a co-borrower on the account, as
evidenced by the mortgage holder refusing to deal with her. Richard Rosario was the sole
borrower on the mortgaged property.
5. Denied. Defendant Ingle had to deal with Bank of America due to an insurance issue. Bank of
America did not inform her that her mortgage was transferred to another mortgage holder and
informed defendant through counsel that any check sent to them would be held but nothing
further
6. Admitted.
7. Admitted that the mortgage is in default as it is Defendant Rosario's responsibility to pay on the
mortgage as it is his name on it. Bank of America refused to deal with Defendant Ingle, the
court authorized resident, to resolve any issues of payment.
8. As Defendant Ingle was not allowed to consult with Bank of America regarding the balance due
and owing, such averment is denied as she would not have sufficient knowledge regarding the
account.
9. Denied at least to Defendant Rosario
NEW MATTER
10. The mortgaged property at 6 Mountainview Drive, Mount Holly Springs, Pennsylvania,
Cumberland County is owned by husband and wife, Richard Rosario and Kathyrn Ingles, the
deed listing both names.
11. The Mortgage note only lists Richard Rosario.
12. In Defendant's dealings with the mortgage holder, they have stated that they will not talk to her
as she is not a co-borrower.
13. The property referenced is owned in the entireties.
14. The loan is not in the name of husband and wife, but rather solely the husband.
15. Plaintiff may not foreclose on the property as the mortgage is not in the name of both owners.
16. Plaintiff is barred by the doctrine of laches.
17. Plaintiff is barred by the doctrine of unclean hands.
18. Defendant Rosario is responsible for the payment of the mortgage through the divorce process
per a Court issued order.
WHEREFORE, the Plaintiffs petition must be DENIED as the property is owned by tenants in the
entirety and the mortgage note is solely in the name of Richard Rosario. Further, Defendant Ingle
requests that Defendant Rosario is found in contempt for failure to follow the Court's order to pay for
the mortgage for the property at 6 Mountainview Dr, Mount Holly Springs and order him to pay for the
mortgage and attorney's fees for defending this action.
Respectfully Submitted,
Jason D. Arnold, Esq.
Attorney for Defendant Kathryn Ingle
Date:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsch Bank National Trust Company : CIVIL ACTION - LAW
Plaintiff
vs No. 2012-1554
MORTGAGE FORECLOSURE
Kathryn Ingle
and
Richard Rosario
Defendants
Certificate of Service
I hereby certify that I am this day serving the foregoing document upon the persons and in the manner
indicated below, which service satisfies the requirements of Pa. R.C.P. 440.
Mailed, first class, postage pre-paid;
McCabe, Weisberg and Conway, P.C.
123 S. Broad St Ste 2080
Philadelphia, Pa
19109
Richard Rosario
807 Carolina Beach Ave N Apt 2
Carolina Beach, NC
28428
Date:
-01ason D. Arnold, Esq.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
• Deutsch Bank. National Trust Company
plaintiff
vs
Kathryn Ingle
and
Rielmd Rosario
Defendants
CIVIC. ACTION - LAW
Nn_ 20121554
MORTGAGE FORECLOSURE
I verify that the statements made in this Complaint are.true. and corm t I u and that false
berean ar?emade ?bjecx#fl tbeesnf 18.P.a:C..S. ?4? to iu?.
falsification to authorities.
Date: 9 APR Z. 0,
j
tathryn, Ingle
McCABE, WEISBERG & CONWAY, P.C.
BY: Andrew L. Markowitz, Esq.
Attorney ID #28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley
ABS capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates,
Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
419 i*io
Attorneys for Plaintiff 2: 3
"d r ?c tZL rJD COUNT',`
E'N'NSYLVANIA
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through certificates, Series 2005-HE2 (hereinafter "DEUTSCHE BANK"), by and through its
attorneys, McCABE, WEISBERG & CONWAY, P.C., hereby responds to the New Matter of
Defendant KATHRYN ROSARIO now known as KATHRYN INGLE to plaintiff s Complaint in
this matter as follows:
10. Denied as stated. It is admitted that defendants, RICHARD ROSARIO and
KATHYRN ROSARIO, are the last record owners of the mortgaged premises located at
6 Mountain View Drive, Mount Holly Springs, PA 17065 by virtue of that Deed recorded
in Cumberland County on November 12, 2004 in Deed Book 266, page 966, such Deed naming
RICHARD ROSARIO and KATHRYN ROSARIO as Grantees thereunder.
11. Denied as stated. By way of further response, the Mortgage which is
the subject of this action was made, executed and delivered to plaintiffs predecessor by both
defendants, that is, by both RICHARD ROSARIO and KATHRYN ROSARIO. It is admitted that
only RICHARD ROSARIO was a party to the underlying Promissory Note.
12. After reasonable investigation, plaintiff lacks knowledge or information
sufficient to determine the truth of the allegations of this paragraph which relate to certain alleged
conversations between KATHRYN ROSARIO and the mortgage holder, and the same are therefore
denied and strict proof demanded. It is admitted that defendant KATHRYN ROSARIO is not
personally obligated on the underlying loan transaction.
13. Admitted.
14. Denied as stated. It is admitted, however, that defendant KATHRYN
ROSARIO is not personally obligated on the underlying loan transaction.
15. Denied as a conclusion of law to which no further pleading is required.
It is denied that the subject Mortgage was not made, executed and delivered by both defendants.
See Exhibit "A" to plaintiff's Complaint. It is denied that the allegations of this paragraph
constitute any cognizable defense to foreclosure.
16. Denied as a conclusion of law to which no further response is required.
To the extent that this paragraph contains any other factual allegations, the same are hereby denied.
17. Denied as a conclusion of law to which no further response is required.
To the extent that this paragraph contains any other factual allegations, the same are hereby denied.
18. After reasonable investigation, plaintiff lacks knowledge or information
sufficient to determine the truth of the allegations of this paragraph which relate to a different legal
proceeding and the same are therefore denied and strict proof demanded. By way of further
response, it is denied that any Order in a different proceeding to which plaintiff herein was not a
party is binding on plaintiff herein and it is denied that the allegations of this paragraph constitute
any cognizable defense to foreclosure.
WHEREFORE, Plaintiff respectfully requests that the New Matter of Defendant
KATHRYN ROSARIO now known as KATHYRN INGLE to Plaintiff's Complaint be dismissed
in its entirety and that judgement be entered in favor of plaintiff and against Defendants, for such
relief as is requested in plaintiff's Complaint.
Attorneys for Plaintiff
McCABE, WEISBERG & CONWAY, P.C.
BY: Andrew L. Markowitz, Esq.
Attorney ID #28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley
ABS capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates,
Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
CERTIFICATE OF SERVICE
I, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certify that a true
and correct copy of the foregoing Plaintiffs Reply to New Matter was served on the following
persons on the 20`" day of April, 2012 by depositing same in the United States mail, first-class,
postage pre-paid, addressed as follows:
Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, PA 17112
DATE: April 20, 2012 (00'" a Z"- `'" l__--?
Andrew L. Markowitz, Esq.
Attorneys for Plaintiff
( p _
20919L MAY -"2 All 10: 31
M''jBERLAND COU ? f
PENNSYLVANIA
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005-HE2, Mortgage
Pass-Through Certificates, Series 2005-HE2
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Plaintiff
V.
Number 2012-1554-CIVIL
Kathryn Rosario and Richard Rosario
Defendants
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matt r.
TERR t NCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
tl?') 11. 4
OL %? ?5( -
?a?
?*9-7 ysag
r:
n
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
? ?., -;}
T
Ronny R Anderson ..
Sheriff 00 r- _- C?
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Deutsche Bank National Trust Company
vs. Case Number
Kathryn Ann Rosario (et al.) 2012-1554
SHERIFF'S RETURN OF SERVICE
05/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Richard Rosario, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Richard Rosario. Request for service at 4 Hilltop Drive, Mount Holly Springs, Pennsylvania
17065 the Defendant was not found. Deputies were advised by current resident Richard Rosario is
thought to be residing outside of the state of Pennsylvania.
SHERIFF COST: $40.00
May 09, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
€ ? . =i G Ti T;
4 ?. a?
c P1, 1, 2!
CUMSERLAt ® Go.fj?? T ``
PENNSYLVA;?IA
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005-HE2, Mortgage
Pass-Through Certificates, Series 2005-HE2
Plaintiff
V.
Kathryn Rosario and Richard Rosario
Defendants
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 2012-1554 CIVIL
ORDER
AND NOW, this Ir day of AA Y , 2012, the Plaintiff is granted leave to serve all process in this
mortgage foreclosure action upon the Defendant, Richard Rosario, by regular mail and by certified mail, return
receipt requested, to his/her last known address of 6 Mountain View Drive, Mount Holly Springs, Pennsylvania
17065, and by posting the mortgaged premises of 6 Mountain View Drive, Mount Holly Springs, Pennsylvania
17065.
NcLt., I,c)e;Ae,5 aftef
Copy ,lt°A s/al/a
,\
Jason D. Arnold Esq
PA 205546
PO Box 6462
Harrisburg, Pa 17112
717 412 1734
Deutsche Bank National Trust
v
Richard Rosario
Kathryn Ingle
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO 2012-1554 CIVIL
DEFENDANT KATHYRN INGLE'S RESPONSE TO DEUTSCHEBANK'S REQUEST FOR
ADMISSIONS
1. The mortgage which is the subject of this action is in default for the reason that monthly payments
of principal and interest due and owing under such Mortgage for the month of May, 2010 and each
month thereafter are unpaid.
RESPONSE: To the best of defendant's knowledge, being not a party to the promissary note,
being',unable to access the records of payment with the bank, and based on the actions of
defendant Richard Rosario, who has been previously ordered in contempt for failure to abide
by Court orders requiring him to pay for the mortgage, this is admitted.
2. The principal balance due on the mortgage is $96,063.45.
RESPONSE: As defendant Ingle is not a party to the promissary note, and is at best, an
unwitting and unwilling party to the mortgage, defendant Ingle does not have any information
regarding the truth of this admission and therefore denies it. Any document relating to this
denial is in the hands of Plaintiff, such as any transfer of the mortgage from Mr. Rosario to
Ms. Ingle.
3. The interest per diem is $19.08 and the interest due on the note and mortgage through December
20, 2011 is $11, 931.98.
RESPONSE:' As defendant Ingle is not a party to the promissary note, and is at best, an unwitting and
unwilling party to the mortgage, defendant Ingle does not have any information regarding the truth of
this admission and therefore denies it. Any document relating to this denial is in the hands of Plaintiff,
such as any transfer of the mortgage from Mr. Rosario to both himself and Ms. Ingle.
4. On or about September 7, 2011, Plaintiff sent notice to Defendant under Act 6 which notice was
received by Defendant.
RESPONSE: Admitted.
5. tit that time, that is, on September 7, 2011, no notice to any defendant was required under Act 91,
35 P.S. Section 1680.403c.
RESPONSE: Admitted in part, denied in part and obiected to. This request for admission
states that "no notice to any defendant was required under Act 91." Defendant Ingle, not a
party to the promimsary cote and. an unwillin% and utLwdt ng gty to the mortgage, would not
be required to receive an act 91 notice. This part is admitted.
Objected to and denied as this question calls for an application of law in regards to defendant
Rosario, something which defendant Ingle cannot reasonably comment on in her position as
estranged and wronged, but not yet divorced, wife.
6. As a result, the notice sent to Defendant complied with all statutory requirements under both Act 6
and Act 91.
RESPONSE: Admitted in part, denied in part. While the Act 6 notice did fulfill the
statutory requirements, defendant Ingle was not able to resolve the default with the mortgager
as the mortgage refused to speak to her regarding the mortgage.. Therefore while the letter of
the notice was fulfilled, in that it was sent and received, the snit was not as Ms. Ingle did not
have an opportunity to cure as allowed by statute.
7. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania law.
RESPON$ Objection as this is an admission requiring a conclusion of pure law, and not
applying law to facts under Rule 4014. Further objection is made that defendant Ingle was
not a willing and witting participant in the mortgage and therefore is being asked whether the
mortgage loan documents have a provision for attorney's fees in them. Said provision would
only be pointed out by Plaintiffs own submissions.
Jason D. Arnold, Esq
Attorney for Defendant Ingle
VERIFICATION
I, Kathryn Ingle, un&r penalty of perjury and subject to the penalties of 18 Pa. C. S. Sec. 4 9+04
relating to unsworn falsification to authorities verify that the foregoing responses to the
requests for admission are true and correct to the best of my knowledge.
0- MAY tiz
Date
Kathyyn Ingle
1
Jason D. Arnold Esq
PA 205546
PO Box 6462
Harrisburg, Pa 17112
717 412 1734
Deutsche Bank National Trust IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO 2012-1554 CIVIL
Richard Rosario
Kathryn Ingle
CERTIFICATE OF SERVICE
I certify that I sent a copy of Defendant Kathryn Ingle's Request for Admissions to Plaintiff
Deutsche Bank on this date by first class mail, postage pre-paid to
Andrew Markowitz
McCabe, Weisberg & Conway, P.C.
123 S Broad St
Ste 2080
Philadelphia, Pa
19109
Jason D. Arnold, Esq.
Date:, ( ivJZ
Al. THE PROTH01 OTA
2012 JUL 20 AM 11: IS
CUMBERLAND COUNT',,
PENNSYLVANIA
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005-HE2, Mortgage
Pass-Through Certficates, Series 2005-HE2
Plaintiff
V.
Kathryn Rosario and Richard Rosario
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 2012-1554 CIVIL
Defendants
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter.
TERR NCE J. McCAB , ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
e? ??v4
kk , ? 79"'o L I
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
F C".
.. N 12 AUG -7 AM 9: OZ
OFFICE OFFtaES-EFI9F C-LIMBERLAND COUNT
PE"SyLVANiA
Deutsche Bank National Trust Company Case Number
vs.
Kathryn Ann Rosario (et al.) 2012-1554
SHERIFF'S RETURN OF SERVICE
07/30/2012 01:09 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul)
30, 2012 at 1309 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon i
within named defendant, to wit: Richard Rosario, pursuant to order of court by posting the premises
located at 6 Mountain View Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 with
true and correct copy according to law.
DEPUTY
SHERIFF COST: $41.00
August 01, 2012
SO ANSWERS,
__1?z ?
R ANDERSON, SHERIFF
Ic± CountvSwte Sheriff, I-meosoft. Inc.
McCABE, WEISBERG AND CONWAY, P.C.
BY: Andrew L. Markowitz, Esq.
Attorney ID # 28009
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS
Capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through Certificates, Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
c.? ' i --
r
CJ 71 C-)
"' C:)
%I0
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS Capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through Certificates, Series 2005-HE2 (hereinafter "DEUTSCHE BANK"), by and through its
attorneys, McCabe, Weisberg & Conway, P.C., now moves this Honorable Court, pursuant to Rule
1035.2 Pa. R. C. P., for summary judgment in its favor and against defendants KATHRYN
ROSARIO and RICHARD ROSARIO and in support thereof alleges as follows:
1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee
for the Certificateholders of the Morgan Stanley ABS Capital I Inc., Trust 2005-HE2, Mortgage
Pass-Through certificates, Series 2005-HE2, a corporation duly organized and doing business at
1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063.
2. Defendants KATHRYN ROSARIO and RICHARD ROSARIO are the
record owners and mortgagors of the subject property located at 6 Mountain View Drive, Mount
Holly Springs, Pennsylvania 17065.
3. On November 3, 2004, defendant RICHARD ROSARIO executed and
delivered to DECISION ONE MORTGAGE COMPANY, LLC. a Promissory Note in
consideration for a loan made to said defendant by DECISION ONE MORTGAGE COMPANY,
LLC, whereby said defendant promised and agreed to pay to DECISION ONE MORTGAGE
COMPANY, LLC, its successors and assigns, the principal loan amount of $102,400.00, plus
interest, in 360 monthly payments of $698.55 each commencing on December 3, 2004 and
continuing on or before the l" day of each succeeding month with a final payment due on or before
November 3, 2034. A copy of said Promissory Note is attached hereto as Exhibit "A".
4. As security for payment of those sums due and owing under such Note, on
November 3, 2004 both defendants, RICHARD ROSARIO and KATHRYN ROSARIO, made,
executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as
nominee for DECISION ONE MORTGAGE COMPANY, LLC, a Mortgage in consideration for the
loan made to defendant RICHARD ROSARIO. A copy of said Mortgage is attached hereto, made
a part hereof and marked as Exhibit "B".
5. Such Mortgage was thereafter, on November 12, 2004, recorded in
Cumberland County in Mortgage Book Volume 1887, page 3772.
6. The premises encumbered by the subject mortgage is all that certain real
property and improvements in the Township of South Middleton, County of Cumberland and
Commonwealth of Pennsylvania, being known as 6 Mountain View Drive, Mount Holly Springs,
PA 17065 and being more fully described in the mortgage attached hereto as Exhibit "B".
7. Subsequent thereto, MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., as nominee for DECISION ONE MORTGAGE COMPANY, LLC. assigned all
of its right, title and interest in the aforesaid Mortgage to DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the Certificateholders of the Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass-Through Certificates, Series 2005-HE2 by Assignment of Mortgage
recorded on August 2, 2011 in Cumberland County as Instrument Number 201121442 and attached
hereto as Exhibit "C".
8. On March 12, 2012, plaintiff commenced this action by the filing of a
complaint in mortgage foreclosure. See Exhibit "D".
9. On April 9, 2012, defendant KATHRYN ROSARIO, now known as
KATHRYN INGLE a/k/a KATHYRN INGLE-ROSAIO, filed her Answer and New Matter
to plaintiff's Complaint. See Exhibit "E".
10. On April 23, 2012, plaintiff filed a Reply to defendant's New Matter.
See Exhibit 7"
11. Thereafter, on April 20, 2012, plaintiff served on defendant's counsel a
Request for Admissions. See Exhibit "G".
12. Thereafter, on May 19, 2012, defendant responded to such Request for
Admissions. See Exhibit "H".
13. Prior to the commencement of this action, on or about September 7, 2011,
Plaintiff's counsel had sent notice to both defendants under Acts 6 and defendant has admitted
having received such notice. See Exhibit H, Paragraph 4. True and correct copies of such notices
are attached hereto and marked as Exhibit "I."
14. The Complaint, and Affidavit of the Assistant Vice- President of plaintiff's
mortgage servicing agent attached hereto and incorporated into this Motion as Exhibit "J",
establishes the defendants' default under the Mortgage by their failure to make the required payments
for the months of May 2010 through the present date and further sets forth the exact amounts due
and owing to plaintiff under the Mortgage, and defendants have not come forth with any supportable
information to rebut this allegation.
15. The attorney's fees and costs, as requested by plaintiff in the Complaint, are
reasonable, and are in conformity with Pennsylvania Law and will be collected in the event that
sufficient funds are available from a third party purchase at Sheriff s Sale.
16. All procedural local, state, and federal rules, regulations, and laws with respect
to mortgage foreclosure have been complied with by plaintiff.
17. There are no issues of material fact remaining, and plaintiff is entitled to
summary judgment on its mortgage foreclosure action against defendants.
WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in
Mortgage Foreclosure in favor of plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY,
as Trustee for the Certificateholders of the Morgan Stanley ABS Capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates, Series 2005-HE2 and against defendants RICHARD
ROSARIO and KATHRYN ROSARIO in the amount of $121,671.59 together with interest at a rate
of $19.0289 per diem from September 1, 2012 to the entry of judgment, plus costs and interest from
the date of judgment as provided by law and for such other and further relief as the Court shall deem
to be just and proper.
Respectfully submitted,
McCABE, WEISBE$G & CONWAY, P. C.
BY:
ANDREW ARKOWITZ, E
Attorney for Plaintiff
EXHIBIT "A"
RYAN ROMAN
I 0 NOTE ? Number 2030041035420
TRUE AND CERTIFIED COPY
NOVEMBER 3 , 2004 MT HOLLY SPRINGS , PENNSYLVANIA
[Date] [City] [State]
6 MOUNTAIN VIEW DRIVE MOUNT HOLLY SP4#LGS PENNSYLVANIA 17065
[Property Address]
1. BORROWER'S-PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $102,400.00 (this amount is called "Principal"), plus
interest, to the order of the Lender. The Lender is Decision One Mortgage Company, LLC. I will make all payments
under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder.`
2. INTEREST •
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 7.25%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(13) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 3RD day of each month beginning on DECEMBER 3, 2004. I will make
these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to
interest before Principal. If, on NOVEMBER 3, 2034, I still owe amounts under this Note, I will pay those amounts in
full on that date, which is called the "Maturity Date."
I will make my monthly payments at 6060 J.A. Jones Drive, Suite 1000, Charlotte, North Carolina 28287 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment Will be in the amount of U.S. $698.55.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may
not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply
my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce
the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or In the amount
of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the Principal I owe under this Note or by making a direct payment to me, If a refund reduces
Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 14IFTE EN calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that I owe on that amount. That date must be at least 30. days after the date on which the notice Is
mailed to me or delivered by other means.
(D) -No Waiver Iiy Note Holder
Even if, at a time when I am in default, the Note ljolder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so iii I am in default at a later time.
MULTISTATE TIIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
111111 IN III oil Nil INI III Nil 1111111111111 INN 11111 IN III III IN (page I of2 pages)
(E) Payment of Note Holder's Cos nd Expenses
If the Note Holder has required meWay immediately in full as described above Note Holder will have the right
to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to at the Property Address above or at a different address if I give
the Note.Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a
notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of
a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under, this Note against each person individually or against'all of us together. This means
that any one of us may be required to pay all of'the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a ,Mortgage. Deed of Trust, or Security Deed (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make
immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may requira immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these ruins
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
RICHARD ROSARIO -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original Only]
PAY TO THE ORDER OF
WITHOUT RECOURSE
DECISION ONE MORTGAGE COMPANY, LLC
BY
MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
(page 2 of 2 pages)
r
Loan Number 2030041035420
PREPAYMENT RIDER TO NOTE
THIS PREPAYMENT RIDER is made this 3RD day of NOVEMBER ,2004 ,
and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by
the undersigned (the "Borrower") in favor of Decision One Mortgage Company, LLC (the "Lender").
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of
principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in
writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the
monthly payments due under the Note.
I may make a partial prepayment without paying any prepayment charge. If I make a fail prepayment
within one (1) year of the date of this Note, I agree to pay a prepayment charge of 5 % of the original
principal amount of the loan; if I make a full prepayment more than one (1) year but within two (2) years
of the date of this Note, I agree to pay a prepayment charge of 5 % of the original principal amount of the
loan; if I make a full prepayment more than two (2) years but within three (3) years of the date of this
Note, I agree to pay a prepayment charge of 5 % of the original principal amount of the loan. The Note
Holder will use my prepayments to reduce the amount of principal that I owe under this Note. However,
the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,
before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial
prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Prepayment Rider.
Q? ., (Seal)
RICHARD ROSARto -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
PENNSYLVANIA PREPAYMENT RIDER - FIXED RATE, FIRST MORTGAGE
EXHIBIT "B"
After Recording Return To:
Decision One Mortgage Company, LLC
` 6060 J.A. Jones Drive, Suite 1000
Charlotte, North Carolina 28287
7'RU,F AAfD e: R ?r Q Cop,
(Space Above This Line For Recording Data)
Loan Number 2036041035420
MIN. 100077910002970560
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated NOVEMBER 3, 2004, together with all
Riders to this document.
(B) "Borrower" is RICHARD ROSARIO AND ICATIIRYN ROSARIO. Borrower is the mortgagor under
this Security Instrument. I
(C) "M)TRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under, this
Security Instrument. MGRS is organized and existing under the laws of Delaware, and has an address and
telephone munber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MGRS.
(D) "Lender" is Deeisloa One Mortgage Company, LLC. Lender is a LIMITED LIABILITY COMPANY
organized and existing under the iaws of NORTH CAROLINA. Lender's address is 6060 J.A. JONES
DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287.
(I) "Note" means the promissory note signed by Borrower and dated NOVEMBER 3, 2004. Tile Note states
that Borrower owes Lender ONIC HUNDRED TWO THOUSAND FOUR HUNDRED AND 00/100ths
Dollars (U.S.S102,400.00) plus interest. Borrower has promised'to pay this debt in regular Periodic Payments
and to pay the debt In full not later than NOVEMBER 3, 2034.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instnument, plus interest.
Zem%u T3'ue And qy,le
Ni
Form 3039 1/Ol (page ! of.i4 pa8es)
I 11 R OI, Ill 11 NOMP, 1111111 IN III{I Nil III lI' III III
(II) "Riders" means all Riders to this Security instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [clieck box as applicable]:
OAdjustable Rate Rider OCondomintum Rider OSecond Home Rider
0Balloon Rider 0Planned Unit Development Rider 00ther(s) [specify]
O 1-4 Family Rider OBiweekly Payment Rider
(n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(3) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(11i) "Electronic Funds Transfer" meatus any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but Is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(1V)i "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (11) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property. I
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan. i
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) 4MS1PA" means the Real Estate Settlement Procedures Act (12 U.S.C. 42601 et seq.) and its
implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
RESPA.
(Q) "Successor In Interest of Borrower" meads any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS
(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MHRS
the following described property located in the County of CUMBYtRLAND _
[Type of;Recording Jurisdiction] [Name of Recording Jurisdiction]
SELF ATTACIMD SCHEDULE "A" I
PENNSYLVANIA-Single Pamily-Forme Mae/Preddle Mae UNWORM INS-MUMItNT Vorm 3039 1101 (page 2 of l f pages)
Tax Parcel Identification Number: 40312187006
which currently has the address of 6 MOUNTAIN VIEW DRIVE
[Street]
MOUNT HOLLY SPRINGS , Pennsylvania 17065 ("Property Address");
(City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those Interests, including,
but not limited to, the right to foreclose and sell • the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROW13R COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property And that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.-uniform
covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Rscrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note dud anyprepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, 'if any check or other Instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the
Note and this Security Instrument be made in one or more of the following forms, as selected by Lender; (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or
(d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender In aeccirdanee with the notice provisions In Section 15. Lender
may return any payment or partial payment if the paytt*nt or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial' payment insufficient to bring the Loan current, without
waiver of any. rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay ipterest on unapplied funds.
PEMSYLVANIA-Single Family-Vanole Mae/Freddie Mae UNIFORM INSTRUMENT Form 31139 1/01 (page 3 of 14 pages)
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so within a reasonable period of time, Lender shall either apply such funds or return them to
Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Tender shall be applied in the following order of priority: (a) Interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay, any late charge due, the payment may be applied to the delinquent payment and the late charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment IS applied to the lull payment of one or more Periodic Payments,
such excess may be applied to any late charges duo. Voluntary prepayments shall be applied first to any
prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds, to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid In full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rts on the Property, If any; (c) premiums for any and all
insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment or Mortgage Insurance premiums in accordance with the
provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term
of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any
such. waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used In Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant
to a waiver, and Borrower fails to pay the amount duo for an Escrow Item, Lander may exercise its rights under
Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any
such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to.L.ender all Funds, and In such
amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RE3SPA, and (b) of to exceed the maximum amount a lender can require
:under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
PENNSYLVANIA-Single Family-Fannie Mae/Freddte Mac UNIFORM INMUMENT Ferm 3039 1/01 (page 4 of l4pages)
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender Is an institution whose deposits aro so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than.the time specified under
RBSPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applidable Law
permits Lender to make such a charge. Unless an agreement Is made in writing or Applicable Law requires
interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds as required by RBSPA.
If there is a surplus of Funds held in escrow, as defined under RBSPA, Lender shall account to Borrower
for the excess funds in accordance with RBSPA. If there is a shortage of Funds bold in escrow, as defined
under RBSPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage In accordance with RBSPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RBSPA, Lender shall notify
Borrower as required by RBSPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RBSPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien wfdch has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice Identifying the lien. Within 10 days of the date
on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above
in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used. by Lender in connection with this Loan.
3. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and fpr the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove, Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge foci flood zone determination and certification services and
subsequent charges each time remappings or similk changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Fpderai Emergency Management Agency In connection with the review of any flood zone determination
resulting from an objection by Borrower.
PENNSYLVANIA-Single Family-Banrde Mae/Freddis Mac UNI>riORM INSTRUML+NT Form 3039 1/01 (cage S of 14 pages)
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. 'T'herefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and
might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of
the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
All. insurance policies required by Lender and renewals of such policies shall be subject to Tender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and stiall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Tender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and restoration period, Lender shall have the right to hold such
insurance proceeds until Lender has had an opportupity to inspect such Property to ensurb the work has been
completed to Lender's satisfaction, provided that subh inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin
when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,
Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds In an amount not to exceed
the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other
than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the
Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
.Borrower's principal residence for at least one year aft?r the date of occupancy, unless Lender otherwise agrees
in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which
are beyond Borrower's control.
PENNSYLVANU-Single Family-Fannie "aoMeddie Mac UNWORM 1N9rnUMUM Form 3039 1/01 (page 6 of 14 pages)
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on chip Property. Whether or
not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property
' from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that
repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to
avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance
or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or Inaccurate information or statements to Lender (or failed to
provide Lender with material Information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Bights Under this Security Instrument. If (a)
Borrower falls to perform the covenants and agreents contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this
Security Instrument (such as a prooceding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this
Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest In
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice &Qm Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leaseh?ld and the fee title shall not merge unless Lender agrees
to the merger in writing.
FUNNSYLVANIA-Single Famlly-Fainds Mae/Preldio Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 7 of 14 pages)
10. Mortgage Insurance. If Lander required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall -pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such lose reserve shall be non-reftlndable, notwithstanding the fact that the Loan is
ultimately paid in fall, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
,required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination Is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any, entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance,
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
Into agreements with other patties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to' the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lander, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
-Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refYmd,
(b) Any such agreements will not affect the rights Borrower has - if any. - with respect to the
Mortgage Insurance tinder the Homeowners Protection Act of 1998 or any other law. These rights inay
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminpted automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at) the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Fort'elture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
PFNNS`YLVANIA-Single Family-Fannie Mae/Fraddte Man UNUORM INSTRUMRNT Dorm 3039 1/01 (page 8 of 14 pages)
>.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
• repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair
is • not economloally feasible or Lender's security would be lessened, the Miscellanequs Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the sutras secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any, balance shall be paid to Harrower. !
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the'Property immediately pefore the partial taking, destruction, or loss in value is less than the amount of the
sutras secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums'are theft due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third patty that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in • default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of I..ender's
Interest in the Property or rights under this Security Instrument. The proceeds of any award or clairn for
damages that are attributable to the impairment of ? ender's interest in the Property are hereby assigned and
shall be paid to Lender. I
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order.-provided for In Section 2.
PUNMYr.VANIA-Singlo Family-Finado Mao/F)reddlo Mac L'IWORM INSTRXMMNT Form 3039 1/01 (page 9 of I4 pages)
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in at nouns less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the 00-signer's interest in the Property under the terms of this
Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without Clio co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
14. Loan Charges. Lender may charge Bo.6wer fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender' interest in the Property and rights under this Security
Instrument, Including, but not limited to, attorneys' fees, property Inspection and valuation fees. In regard to
any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower
shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan Is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refltnd wade by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable
Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice t • Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies 4 procedure for reporting Borrower's change of address,
then Borrower shall only report a change of address through that specified procedure. There may be only one
PSNNSYLVANCA-Single Family-Fannie Mae/Freddle Mae UNWORN INSTRUMENT Form 3039 1/01 (page ld of l4 pages)
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instnument shall
not be deemed to have been given to Lender until actually received by Lender. If any notice required by this
Security 'Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Law; Saverability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained
in •this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or It might be silent, but such silence shall
not be construed as a prohibition against agreement by contract. In the event that any provision or clause of
this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given erect without the conflicting provision.
As used in this Security instrument: (a) words of the masculine gander shall mean and include
coriesponding neuter words or words of the faminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument,
18, Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest ir;the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borr"er is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument,
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordanes with Section 15 within
which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies pernitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;
(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or
(c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred •in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and
rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that
Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay
the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses in one or more,of the following forms, as selected by Lender: (a) cash;
(b) moneyorder; (c) certified check, bank check, treasgrer's check or cashier's check, provided any such check
Is drawn Upon an institution whose deposits are insukeedd by a federal agency, instrumentality or entity; or (d)
Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured
hereby shall remain gully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
PENNSYL't'ANIA-Single Family-Vainde Mae/Weddte Mac UNIFORM INSTRUMENT Form 3039 1l01 (page 11 of 14 pages)
j .• %•y1::?:J ? r
-:'CIS
20. Sale of Note; Change of Loan Services; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be Gold one or more times, without prior notice to Borrower.
A gale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the -Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Secutity Instrument, and Applicable Law. Thera also might be one or more changes of the Loan
Servioer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the address to
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.
Neither Borrower nor Lender rpay commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutantd, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where the Property, is located that relate to health, safety
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (o) which. due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party Involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. I Borrower learns, or is notified by any governmental or
regulatory, authority, or any private party, that any rqmovsI or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall p mptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
PBNNSYLVAMA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUML,NT Tbrm 3039 1/01 (page 12 of 14 pages)
NON-UNIFOXIM COVENANTS. Borrower, and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (bat not prior to acceleration
under Section 1S unless Applicable Law provides otherwise), bender shall notify Borrower of, among
other things: (a) the default; (b) the action required to cure the default; (c) when the default must be
cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured
by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure,. If the default is not cured as specified, Lender at its option may require immediate payment
in !lull of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursuing', the remedies provided.in this Section 22, Including, but not limited to, attorneys' fees and costs
of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security InstrunWrit, but only If the fee is paid to a third party for services rendered and the
charging of the fee Is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases imy error or
defects .in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption. 1
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the'Note.
PENNSYLVANIA-Single family-Funnle Mae/Areddie Mae UNIFORM INSTRUMIdNT Form 3039 1/01 (page 13 of l l pages)
b
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
urnen?wd in any Rider executed by Borrower and recorded with it.
STATE OF PENNSYLVANIA )
COUNTS!' OF CUMBSRLANp )
On this, the day of :?6. before me, the undersigned
officer, personally appeared RICHARD ROSARI¢ AND KATHRYN ROSA.RIO known to me (or
satisfactorily -proven) to be the person(s) whose nine(s) Is/are subserib to the within instrument, and
acknowledged that he/she/they executed the same for the purposes therein cont
In witness whereof, I hereunto set my hand and officlal seal.
(Seal
NOTARIAL SEAL Title of Offic
JOEY H. KELLY, Notary Public My Commission res•
Swatam Wp., Dauphin County P _
My Commission Expires May 2, 2005 Typed or printed
LCBRTIFICATE OF RESIDENCE I,
address of the within-mated lender is 6060 J. J r S DRI
CAROLINA 28287, witness my hand this day of
Agent
do hereby certify that the correct
1>; IP00, CILA9.LQTTF,, NORTH
PENNSYLVANIA-Single Family-Famde MWIlreddle Mae UN7R0ItM IN9MX MENT Form 3039 1/01 (page Z 4 of 1 ? pages)
(Seal)
(Seal)
-Borrower
-Borrower
Stewart Title
LEGAL DESCRIPTION
Legal description of the land:
ALL those two certain tracts of land with the improvements thereon situate in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
TRACT NO.1
BEGINNING at a point on the Southern side Mountain View Drive; thence In a Southerly direction and parallel to
Highland Avenue, a distance of 120.00 feet to a point; thence In a Westerly direction along the Northern side of
Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 50.00 feet to a point; thence in a Northerly
direction along the Eastern side of Lot Nos. 8 and 9 on said Plan, a distance of 120.00 feet to a point on the
Southern side of Mountain View Drive; thence In an Easterly direction along the Southern side of Mountain View
Drive, a distance of 50.00 feet to the place of beginning.
BEING the Western 50 feet of Lot Nos. 26 and 27 on the hereinafter mentioned Plan of Lots
TRACT NO.2
BEGINNING at the Southwestern comer of the intersection of Highland Avenue and Mountain View Drive; thence
South along the Western side of Highland Avenue, a distance of 120,00 feet to a point; thence West along the
Northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 100.00 feet to a point;
thence in a'Northerly direction on a line parallel with the Western line of Highland Avenue, a distance of 120.00
feet to' a point; thence East along the Southern side of Mountain View Drive, a distance of 100.00 feet to the
place of beginning.
BEING the (Eastern 100.00 feet of Lot Nos. 26 and 27 on the Plan of Lots known as Mt. View Addition, adjoining
Mt. Holly Springs Borough, as recorded in the Office of the Recorder of Deed for Cumberland County in Plan
Book 3, Page 86.
BEING Parcel No. 40-31-2187-006
Legal Descrlpllon (200410726.PFD/20041072611)
EXHIBIT "C"
Recording Requested By:
Bonk of America
Prepared By:
Aida Duenas
108-603-9011
450 E. Boundary St.
Chapin, SC 29036
When recorded mail to:
CoreLogic
4$0 E. Boundary St.
Attn: Release Dept,
Chapin, SC 29036
11111311011111111111111
DoclD# 1763828242214521
Tax ID: 40312187006
Property Address:
6Mountainview Dr
Mount Holly Springs, PA 17065-1921
Property Location:
Township of SOUTH MIDDLETON
PAo-AM 14000362 7/"] 1
This
MM #: 10007791
00 pill
iti
U"
MFRS Phone #:
ASSIGNMENT OF MORTGAGE
For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 3300 S.W. 34th
Avenue, Suite 101 Ocala, FL 34474 does hereby grant, sell, assign, transfer and convey unto DEUTSCHE BANK
NATIONAL TRUST COMPANY AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE
MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE2, MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2005-HE2 whose address is 1761 E ST ANDREW PL, SANTA ANA, CA 92705 all
beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein
described and the money due and to become due thereon with interest and all rights accrued or to accrue under said
Mortgage.
Original Lender: DECISION ONE MORTGAGE COMPANY, LLC
Mortgagor(s): RICHARD ROSARIO AND KATHRYN ROSARIO
Date of Mortgage: 11/3/2004 Original Loan Amount: 5102,400.00
Recorded in Cumberland County, PA on: 11112/2004, book 1887, page 3772 and instmment number N/A
This Mortgage has not been assigned unless otherwise stated below:
IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. B Y::
Chester Levings, Assistant Secretary
ri RAPr-01 A ton rni iNrv Inst.# 201121442 - Page 1 of 3
State of California
County of Ventura
On b? fx-4`A r before me, Notary Public, personally appeared
Chester Levings, who proved to me on the basis of satisfactor
y evidence to be the person(.&) whose name(s) is/are
subscribed to the within instrument and acknowledged to the that he/s*cAhty executed the same in hisA w4heir
authorized capacity(ioa), and that by his/ImYdit4 signature(s) on the instrument the person(s), or the entity upon
bdhalf of which the persons acted, executed the instrmnent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true ad correct.
WFI"Ni SS d and official sea] I
18
LtUS
Iwt Ni
tennmtutat r« 1>iMt
IaMv Notatry Pubifa • California
Lot Mpetas County
tey-s (seat) Comm, Expires Oct 31, 2013 j
My Commission Expires: - (O
I hereby certify that the address of the within named assignee is:
1161 E ST ANDREW PL, SANTA ANA, CA 92705
Signature
p,Qr?owCR t 1,4tc6
08/1912011 8 ,36,42 AM CUMBERLAND COUNTY instl 201121442 - Page 2 or 3
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-5370
Instrument Number - 201121442
Recorded On 8/2/2011 At 12:28:49 PM
* instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 91019 User ID - MSW
Mortgagor - ROSARIO, RICHARD
Mortgagee - MORGAN STANLEY ABS CAPITAL I INC
Customer - CORELOGIC
FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $50.50
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O D DS
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
uw?iu
n r 1r 10 V OI AWN P r, i tAtT V I nat_$1201121442 - Paoe 3 or 3
EXHIBIT "D"
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
Deutsche Bank National Trust Company As
Trustee For The Certificateholders Of The
Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
Kathryn Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
and
Richard Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFERLEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la cone. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dial de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o cn persona o con un
abogado y entregar a la cone en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notification. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder d inero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDI.? PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS L;L,EGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
I . Plaintiff is Deutsche Bank National Trust Company As Trustee For The Certificateholders
Of The Morgan Stanley ABS Capital I Inc., Trust 2005-HE2, Mortgage Pass-Through Certificates, Series
2005-1-IE2, duly organized and doing business at the above-captioned address.
2. The Defendant is Kathryn Rosario, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 807 Carolina Beach Avenue N Apartment
#2, Carolina Beach, North Carolina 28428.
3. The Defendant is Richard Rosario, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 807 Carolina Beach Avenue N Apartment
#2, Carolina Beach, North Carolina 28428.
4. On November 3, 2004, Kathryn Rosario and Richard Rosario made, executed and delivered
a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc.,
acting solely as a nominee for Decision One Mortgage Company, LLC. which mortgage is recorded in the
Office of the Recorder of Cumberland County in Mortgage Book 1887, Page 3772, such Mortgage being
incorporated herein by reference by virtue of Rule 1019(8) Pa. R. C. P.
5. On August 2, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic
Registration Systems, Inc., acting solely as a nominee for Decision One Mortgage Company, LLC. to
Deutsche BankNational Trust Company As Trustee For The Certificateholders Of The Morgan Stanley ABS
Capital I Inc., Trust 2005-HE2, Mortgage Pass-Through Certificates, Series 2005-1-1I;2, by Assignment of
Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Iltistrument
# 201121442, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule
1019(g) Pa. R. C. P.
6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 6 Mountain View Drive, Mount Holly Springs, Pennsylvania 17065.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due May 3, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance $ 96,063.45
Interest from April 3, 2010 through December 20, 2011 $ 11,931.98
(Plus $19.0811 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 104.79
Corporate Advance $ 490.00
Escrow Advance $ 3,438.64
GRAND TOTAL $ 113,278.86
9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter
13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular
mail with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $113,278.86,
together with interest at the rate of $19.0811 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property. Plaintiff is obligated to pay reasonable
fees and costs, including attorneys fees for service rendered.
McCABE, WEISBERG AND CONWAY,P.C.
BY!"'- I " `U,%-k A Lvd/-?
Andrew L. Markowitz, Esquire
Attorney for Plaintiff
VERIFICATION
5 1'?
hereby states that hetoe s l! t of Bank
of America, N.A., as servicing agent for Deutsche Bank National Trust Company As Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital I Inc., Trust 2005-HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2, Plaintiff in this matter, and that h she is authorized to make this
Verification and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are true and correct to the best of his er nowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of the 18 Pa. C.S. Sec 4904 relating to
unsworn falsification to authorities
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
B----
Printed Name: s ( 1CfN'3c'JCu-
Title: ( SSt??-a.rt V t ?4cS 16--fell i..'._
?? ?-?vtce ti?
'pf +-yl eV Cc,
Deutsche Bank National Trust Company As Trustee For The Certit;eateholders Of The Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass-Through Certificates, Series 2005-14E2 Y. Kathryn Rosario and Richard Rosario
EXHIBIT "E"
Jason D. Arnold, Esq
PO Box 6462
Harrisburg, Pa 17112
p 717 4121734
f 717 307 3417
e jdaf&jdarnQldlaw.com
Attorney for Defendant Kathryn Ingle
r.'J fit? -9 P1j 1:
PF lIS YLV? ;° III w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsch Bank National Trust Company
Plaintiff
vs
Kathryn Ingle
and
Richard Rosario
Defendants
: CIVIL ACTION - LAW
No. 2012-1554
MORTGAGE FORECLOSURE
Defendand KKathvrn male's ResPgse to Plaim s Foreclasnre
Defendant Kathyrn Ingle, by and through her attorney undersigned below, files this response to
Plaintiffs suit.
1. Admitted
2. Admitted in part and denied in part. Kathryn Ingle is a party to this suit. Ms. Ingle has had her
name changed during a divorce process to her maiden name from Kathryn Ingle-Rosario. Her
address is 6 Mountainview Dr, Mount Holly Springs, Pennsylvania, Cumberland County. She
is living at the address Plaintiff is seeking foreclosure upon. She is the real owner of the
property in this suit. She is not a mortgagor on the property. In fact, Bank of America, the
original mortgage holder has refused to deal with her in any way regarding the mortgaged
property.
3. Admitted.
4. Admitted in part and denied in part. Kathyrn Ingle was not a co-borrower on the account, as
evidenced by the mortgage holder refusing to deal with her. Richard Rosario was the sole
borrower on the mortgaged property.
5. Denied. Defendant Ingle had to deal with Bank of America due to an insurance issue. Bank of
America did not inform her that her mortgage was transferred to another mortgage holder and
informed defendant through counsel that any check sent to them would be held but nothing
further
6. Admitted.
7. Admitted that the mortgage is in default as it is Defendant Rosario's responsibility to pay on the
mortgage as it is his name on it. Bank of America refused to deal with Defendant Ingle, the
court authorized resident, to resolve any issues of payment.
8. As Defendant Ingle was not allowed to consult with Bank of America. regarding the balance due
and owing, such averment is denied as she would not have sufficient knowledge regarding the
account.
9. Denied at least to Defendant Rosario
NEW MATTER
10. The mortgaged property at 6 Mountainview Drive, Mount Holly Springs, Pennsylvania,
Cumberland County is owned by husband and wife, Richard Rosario and Kathyrn Ingles, the
deed listing both names.
11. The Mortgage note only lists Richard Rosario.
12. In Defendant's dealings with the mortgage holder, they have stated that they will not talk to her
as she is not a co-borrower.
13. The property referenced is owned in the entireties.
14. The loan is not in the name of husband and wife, but rather solely the husband.
15. Plaintiff may not foreclose on the property as the mortgage is not in the name of both owners.
16. Plaintiff is barred by the doctrine of laches.
17. Plaintiff is barred by the doctrine of unclean hands.
18. Defendant Rosario is responsible for the payment of the mortgage through the divorce process
per a Court issued order.
WHEREFORE, the Plaintiffs petition must be DENIED as the property is owned by tenants in the
entirety and the mortgage note is solely in the name of Richard Rosario. Further, Defendant Ingle
requests that Defendant Rosario is found in contempt for failure to follow the Court's order to pay for
the mortgage for the property at 6 Mountainview Dr, Mount Holly Springs and order him to pay for the
mortgage and attorney's fees for defending this action.
Respectfully Submitted,
Jason D. Arnold, Esq.
Attorney for Defendant Kathryn Ingle
Date: r ?/ Z
vva AAWMPAI ri#jgAa l/jp JUVRI ERLAND COUNTY-, PKNMnVAMA
DeUtsch Bank NadO°W TnW
y : CWX AMON - LAW
Phdudff
vs W 2012-1554
Kadiryn Ingle : MORTGAGE FORECLOSURE
and
Rfdwd R o
I verify VW the SW=cnts made in this Com int are.#wWd wffccL I =Wmtnd that false
shiftwmb hanin am made mbjmjo d*panWfijw mf l gjP tC. & j9tlgssj1fiWjo J m,
falsifawfion to ae ties.
Date: 9 A - j Z
Ingle
EXHIBIT "F"
McCABE, WEISBERG & CONWAY, P.C.
BY: Andrew L. Markowitz, Esq.
Attorney ID #28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley
ABS capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates,
Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through certificates, Series 2005-HE2 (hereinafter "DEUTSCHE BANK"), by and through its
attorneys, McCABE, WEISBERG & CONWAY, P.C., hereby responds to the New Matter of
Defendant KATHRYN ROSARIO now known as KATHRYN INGLE to plaintiffs Complaint in
this matter as follows:
10. Denied as stated. It is admitted that defendants, RICHARD ROSARIO and
KATHYRN ROSARIO, are the last record owners of the mortgaged premises located at
6 Mountain View Drive, Mount Holly Springs, PA 17065 by virtue of that Deed recorded
in Cumberland County on November 12, 2004 in Deed Book 266, page 966, such Deed naming
RICHARD ROSARIO and KATHRYN ROSARIO as Grantees thereunder.
11. Denied as stated. By way of further response, the Mortgage which is
the subject of this action was made, executed and delivered to plaintiff's predecessor by both
defendants, that is, by both RICHARD ROSARIO and KATHRYN ROSARIO. It is admitted that
only RICHARD ROSARIO was a party to the underlying Promissory Note.
12. After reasonable investigation, plaintiff lacks knowledge or information
sufficient to determine the truth of the allegations of this paragraph which relate to certain alleged
conversations between KATHRYN ROSARIO and the mortgage holder, and the same are therefore
denied and strict proof demanded. It is admitted that defendant KATHRYN ROSARIO is not
personally obligated on the underlying loan transaction.
13. Admitted.
14. Denied as stated. It is admitted, however, that defendant KATHRYN
ROSARIO is not personally obligated on the underlying loan transaction.
15. Denied as a conclusion of law to which no further pleading is required.
It is denied that the subject Mortgage was not made, executed and delivered by both defendants.
See Exhibit "A" to plaintiff's Complaint. It is denied that the allegations of this paragraph
constitute any cognizable defense to foreclosure.
16. Denied as a conclusion of law to which no further response is required.
To the extent that this paragraph contains any other factual allegations, the same are hereby denied.
17. Denied as a conclusion of law to which no further response is required.
To the extent that this paragraph contains any other factual allegations, the same are hereby denied.
18. After reasonable investigation, plaintiff lacks knowledge or information
sufficient to determine the truth of the allegations of this paragraph which relate to a different legal
proceeding and the same are therefore denied and strict proof demanded. By way of further
response, it is denied that any Order in a different proceeding to which plaintiff herein was not a
party is binding on plaintiff herein and it is denied that the allegations of this paragraph constitute
any cognizable defense to foreclosure.
WHEREFORE, Plaintiff respectfully requests that the New Matter of Defendant
KATHRYN ROSARIO now known as KATHYRN INGLE to Plaintiff's Complaint be dismissed
in its entirety and that judgement be entered in favor of plaintiff and against Defendants, for such
relief as is requested in plaintiff's Complaint.
Attorneys for Plaintiff
McCABE, WEISBERG & CONWAY, P.C.
BY: Andrew L. Markowitz, Esq.
Attorney ID #28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley
ABS capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates,
Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
CERTIFICATE OF SERVICE
1, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certify that a true
and correct copy of the foregoing Plaintiff's Reply to New Matter was served on the following
persons on the 20`h day of April, 201.2 by depositing same in the United States mail, first-class,
postage pre-paid, addressed as follows:
Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, PA 17112
DATE: April 20, 2012
Andrew L. Markowitz, Esq.
Attorneys for Plaintiff
EX HIBIT "G"
TO TIIE I IEREIN : DEFENDANT
YOU ARE HEREBY NOTIFIED TO PLEAD
TO THE ENCLOSED PLEADING
WITHIN THIRTY (30) DAYS OF SERVICE
THEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED-AGAINST YOU
ATTORNEY FOR PLA7F
McCABE, WEISBERG & CONWAY, P.C.
Andrew L. Markowitz, Esq.
Attorney ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley
ABS capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates,
Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
REQUEST FOR ADMISSIONS
Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has
served upon you a written Request for Admissions for the purpose of the pending action, relating to
statements or opinions of fact or the application of law to fact, including the genuineness,
authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described
in the request.
Note that each allegation set forth will be admitted unless, within thirty (30) days after
service of the request, or within such shorter time or longer time as the Court may allow, the party
to whom the request is directed, shall serve upon the party requesting the admission, a verified
answer by a party or an objection, signed by the party or his attorney.
For the purposes of these Requests for Admissions, DEUTSCHE BANK NATIONAL
TRUST COMPANY, as Trustee for the Certificateholders of the Morgan Stanley ABS capital I Inc.,
Trust 2005-HE2, Mortgage Pass-Through certificates, Series 2005-HE2 will be hereafter termed
"Plaintiff," and KATHRYN ROSARIO now known as KATHRYN INGLE will be termed
"Defendant."
The mortgage which is the subject of this action is in default for the reason that
monthly payments of principal and interest due and owing under such Mortgage for
the month of May, 2010 and each month thereafter are unpaid.
If the above request for admission is denied, attach all documentary evidence you have in
support of the denial or otherwise set forth at length all evidence of any nature to substantiate the
denial.
2. The principal balance due on the mortgage is $96,063.45.
If the above request for admission is denied, attach all documentary evidence you
have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate
the denial.
3. The interest per diem is $19.08, and the interest due on the note and mortgage
through December 20, 2011 is $11,931.98.
If the above request for admission is denied, attach all documentary evidence you have in
support of the denial or otherwise set forth at length all evidence of any nature to substantiate the
denial.
4. On or about September 7, 2011, Plaintiff sent notice to Defendant under Act 6
which notice was received by Defendant.
If the above request for admission is denied, attach all documentary evidence you have in
support of the denial or otherwise set forth at length all evidence of any nature to substantiate the
denial.
At that time, that is, on September 7, 2011, no notice to any defendant was required
under Act 91, 35 P.S. Section 1680.403c.
If the above request for admission is denied, attach all documentary evidence you have in
support of the denial or otherwise set forth at length all evidence of any nature to substantiate the
denial.
6. As a result, the notice sent to Defendant complied with all statutory requirements
under both Act 6 and Act 91.
If the above request for admission is denied, attach all documentary evidence you have in
support of the denial or otherwise set forth at length all evidence of any nature to substantiate the
denial.
7. Attorney's fees are in conformity with the mortgage loan documents and
Pennsylvania Law.
If the above request for admission is denied, attach all documentary evidence you have in
support of the denial or otherwise set forth at length all evidence of any nature to substantiate the
denial.
McCABE, WEISBERG & CONWAY, P.C.
Attorneys for Plaintiff ,
By:
Andrew L.
McCABE, WEISBERG & CONWAY, P.C.
Andrew L. Markowitz, Esq.
Attorney ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley
ABS capital I Inc., Trust 2005-HE2,
Mortgage Pass-Through certificates,
Series 2005-IIE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
CERTIFICATE OF SERVICE
1, Andrew L. Markowitz, Esquire, attorney for Plaintiff, hereby certify that a true and
correct copy of the within Request for Admissions was served on the below person(s) by regular
United States mail, first class, postage prepaid, on the 20`h day of April, 2012.
Jason D. Arnold, Esquire
P. O. Box 6462
Harrisburg, PA 17112
DATE: April 20, 2012
EXHIBIT "H"
Jason D. Arnold Esq
PA 205546
PO Box 6462
Harrisburg, Pa 17112
717 412 1734
Deutsche Bank National Trust IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
NO 2012-1554 CIVIL
Richard Rosario
Kathryn Ingle
DEFENDANT KATHYRN INGLE'S RESPONSE TO DEUTSCHEBANK'S REQUEST FOR
ADMISSIONS
1. The mortgage which is the subject of this action is in default for the reason that monthly payments
of principal and interest due and owing under such Mortgage for the month of May, 2010 and each
month thereafter are unpaid.
RESPONSE: To the best of defendant's knowledge, being not a party to the promissary note,
being unable to access the records of payment with the bank, and based on the actions of
defendant Richard Rosario, who has been previously ordered in contempt for failure to abide
by Court orders requiring him to pay for the mortgage, this is admitted.
2. The principal balance due on the mortgage is $96,063.45.
RESPONSE: As defendant Ingle is not a party to the promissary note, and is at best, an
unwitting and unwilling party to the mortgage, defendant Ingle does not have any information
regarding the truth of this admission and therefore denies it. Any document relating to this
denial is in the hands of Plaintiff, such as any transfer of the mortgage from Mr. Rosario to
Ms. Ingle.
3. The interest per diem is $19.08 and the interest due on the note and mortgage through December
20, 2011 is $11, 931.98.
RESPONSE: As defendant Ingle is not a party to the promissary note, and is at best, an unwitting and
unwilling party to the mortgage, defendant Ingle does not have any information regarding the truth of
this admission and therefore denies it. Any document relating to this denial is in the hands of Plaintiff,
such as any transfer of the mortgage from Mr. Rosario to both himself and Ms. Ingle.
4. On or about September 7, 2011, Plaintiff sent notice to Defendant under Act 6 which notice was
received by Defendant.
RESPONSE: Admitted.
At that time, that is, on September 7, 2011, no notice to any defendant was required under Act 91,
35 P.S. Section 1680.403c.
RESPONSE: A d m dog?d in. part and objected to. This request for admission
states that "no notice to any defendant was required under Act 91." Defendant Ingle, not a
party to the 9EQMLMrg note and an utLwWmg and unwWiing patty to the modpw, would not
be required to receive an act 91 notice. This part is admitted.
jecte+c to and denied as this question calls for an application of law in regards to defendant
Rosario, something which defendant Ingle cannot reasonably comment on in her position as
estranged and wronged, but not yet divorced, wife.
6. As a result, the notice sent to Defendant complied with all statutory requirements under both Act 6
and Act 91.
RESPONSE: AdMA12d in DR& denied in art, While the Act 6 notice did firlfill the
statutory requirements, defendant Ingle was not able to resolve the default with the mortgager
as the mortgage refused to speak to her regarding the mom- Themfore while the leffu of
the notice was fulfilled, in that it was sent and received, the sit was not as Ms. Ingle did not
have an opportunity to cure as allowed by statute.
7. Attorney's fees are in conformity with the mortgage loan documents mad Pennsylvania law.
gLI
.. 1 E: Objection as this is an admission requiring a conclusion of pure law, and not
applying law to facts under Rule 4014. Further objection is made that defiant Ingle was
not a willing and witting participant in the mortgage and therefore is being asked whether the
mortgage loan documents have a provision for attorney's fees in them. Said provision would
only be pointed out by Plaintiffs own submissions.
Jason D. Arnold, Esq
Attorney for Defendant Ingle
VERIFICATION
I, Kathryn Ingle, under penalty of perjury and subject to the.peealfies of I8 Pa. C. S. Sec. 4904
relating to unworn falsification to authorities verify that the foregoing responses to the
requests for admission are true and correct to the best of my knowledge.
11- MAY tZ
Date
i
Kathyra Ingle
Jason D. Arnold Esq
PA 205546
PO Box 6462
Harrisburg, Pa 17112
717 4121734
Deutsche Bank National Trust IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V. NO 2012-1554 CIVIL
Richard Rosario
Kathryn Ingle
CERTIFICATE OF SIJMCE
I certify that I sent a copy of Defendant Kathryn Ingle's Request for Admissions to Plaintiff
Deutsche Bank on this date by first class mail, postage pre-paid to
Andrew Markowitz
McCabe, Weisberg & Conway, P.C.
123 S Broad St
Ste 2080
Philadelphia, Pa
19109
Jason Arnold, Esq.
Date:
EXHIBIT "P'
McCabe, Weisberg & Conway, PC
PO Box 9025
Temecula, CA 92589-9025
Send Correspondence to:
McCabe, Weisberg & Conway, PC
126 South Broad Street
Suite 2080
Philadelphia, PA 19109
MiWN
7196 9006 9295 4402 9464
20110907-132
Kathryn Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, NC 28428
PAACTC
PRESORT
First-Class Mail
U.S. Postage and
Fees Paid
W SO
7196 90§4P 1elihia4164
Kathryn Rosario
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
The 2i40R'rGAGE held byl)E1 TSC I-11 BANK NA'1'FC}NAL ' RLTS'F' C 0N. 1F''ANAY AS 1 RLTS'FT3I? FOR
THE ?. C'.IR'I'II If'A'I'13F I??LF?I1F: i OF TI II V1(?RCs?i S'I'.'.1?T.Y AB S E'.:3PFT<<11_ F UC. 'F'IB' 1 'S'F'
2Ek.)5_1Ft 2, MORTGAGE PASS- HRO[ CJH C ERI'II'ICATES,S R1ES 2(1).5-I3I:2_1 ao BAC Han-1e
Loads Servicing LT (hereinafter wc, u.s oi: ours) on your property located at. 6 Mountain View Drive,
Mount Holly Springs, Peatnsylw- nia 17(165, IS IN SERIC?I S .L?F F,,kU1_:T because you have not made the
monthly payments of 5698.55 for the, months of May 3, 2010 through. Septe3niber 3, '201 L Other charges
have also accrued to this date in the following amounts:
Late char'2,es in the arnonnt of $558.72
Escrow.Advances in the mount of "3,1.12.1.0
The 1.cstal. al,.-unt rtosz :ref uired 1x3 cure this defaul or in other ?4`tl:rtls c=1: ma t: 3t ? in our
F]a aettts, as cif the date of this .letter, is $1.5,546.17.
F f?I! r liC4' i ISYi' Fitt rit au?t fq-iiyiin III.?t T:f ) !?i :?? U tY':!.' (. id. (:' ! tZ IS li:'fl('r. Uti' payalh to 2!S t1m, above
CW20 tllt (?f $14, , 3 4.6. 1 7, 'TLI.S' any u(kitt3UYl:1i ?cUY:tY':l'j' Unb7"1.'1'74!5 and i:)1`.(:' C'1'?C1rgL' f0liCh Y"lid y tlill due during
thi:S Uet'IDCi. Such payment 3nust be made oithe:r by cash.. Cashier's check, certified cheek or riione; j% order,
and made at DEUTSCHE IiAN1C :!4.x'1 I{) i;3L 'rRCTS'I' COMPANY AS 'rRLTSTF F Iit )R TIIE
CERTIF-'IC-:AIT I-IOLDERS O 'rHE mORGAN STA\'I.EY ABS CAPFIAL I f,\C. TRi ST 2005-1-M2.
MORTGAC E PA SS-THROU"(3H CERTII=ICAIT-S,SERI1- x "005-HE2, i:,o BAC-' Home Loans Selvicifig
LP, Retail P.xyrneat. Services DE i-023-03-02 900 Sam oset Drive, Newark, DF. 197:13.
If you (14L') not: cure. the default within 7-'11IRTY (:3(,) DAYS, +ve intend to ez:r:.rt ?:.se our right to accelerate
the nlortg(age 'Phis tnems 1.hat whatever is owing oil the original arm-fu it 1?o:trowed will. be
considered due in nlediat:ely and You -mav tow 1:lte chance to pay off the original. Ertort:gage it) mon- thly
insi alhaelits. 1f full paynle3lt of the atnout)t of default is not rEl.:ade within THIRTY (30) DAYS, )t?(.' (ti.S(i
t72tt=n(r tU ;1'1.51?'i!/'t liilrQ,'.tl3rnf.4'S t? .St(a7't r i(.t>i).Slli;`. t0 Ji?r? :'ioSe tit?!li'??'!t?rt}?(.t?(•.'CLr)rUf?O.ri?'. r! th? n?.lirtjjLa,r('
?S fOreCft?S°.rt y!?I1r71"..(?!',`.t?ug(.'ilL?r0f?P.rt1''i?'ill UC:S;>!.l ?3}'t 'r.: ?rlJJ tU1i(ay off the? n (?rtg.:lge rle:Ht. if we re:xer
yout' case. to our atiortlev'i, but you azure the default before they begin legal proemilin ;s against you, you
will sl:llt have 1,() pay the reasonable attome.y`s Fees, actually incurred, tip to ";150.00. llo, ev,-r. if legal
prE?cuedings are &taned agat3ist you, yotE Will 13ave to pay the 3': aSL?EI llll.:`. ;itEC3E7E fees Vet3 if they are
over S" .50' 0. Any aflornoy's fees w:d.t be added ti] J11t1t: Vei' }'E?E3 oti4'e, tES, which 3:El.av also include our
reasona1?le co, Is. 4f you civre, the ;ae (t?f.'.t Fi?ttffl?? tfXe tt?;.?'t?' (Li:1V ?ie7'TC?(l, :i).+f i't til not be reeli, "red to pay
attnrnvy.S jee?-s,
We rti:.ay also sue You personally for the 1111.13.iid principal Nalyatice axld all other stuns date under the
3Yta>r1:U;1g
'e. If You .1tave not cereal the defaull: within the EhEriy defy pe:tlod and fore.closure pt'Ex.eedings have
begun, ou s6111?1.'lve the? 7'it?llt to -- ure the il.°..1ailt Iln(lli7'<'1'F.'J'it tlie.SCfIE caf, 11n;% tli?t(' 24l) to on.e hour before
th(' .?itE.'r!f fY.S?O?'t.'('l.U.`.'!f.?'e al°., You may ato S'() by paying the total amount -?f the unpaid morahlypayMeWIN,
?; ldS' (a7l)' IC t!' ; )r (ittYCr ;'t?Lf?'?t":5' tti!??: Gttl?, rS 3i-F,FI ?r ttlr' r!:'LfSc;l'iC,?iir! ;:ltt;?7'J2e>''.S wj'd cost', CL?? li(:'tBCi
;•3-tt;% th? ?J?'!.'CL!?5lf.?'C .SUIT' [.a7;.d F)B7Jt;7?}i (,17?.Y Otl"a?'?' 7'6Uial?'Crtle7at:: tl?1rlG'7' t?'(' 77lUrtflfl?,r -j..h 3S eSEi_t3I£fti;d that
the earliest Elate that such a. Sheriff's sale -millet be. held would be approximately five rnonths from the
date of this notice. A notice o the date o the She ifs sale vvil.l be sent to you before the sale. Of course,
the amount needed ilo cur- the de•lault will increase, the longer you Wait. You Enay find out at any titnu
sxa£:tly what the. regUired payment will be by calling us at the following number: (8013) 069-6654, Fax
91 Number: (81.7) 230-681 1 This payment, must be in cash., cashier's ebeek. certified check or EY.foney order
and rmade payable to m at the address stated above.
59255
You should realize that a Sheriffs sate will end your ownership o the mortgaged property and your right
to remain in it- If you continue to live in the property after the Sher.itl"s sale, a lawsidt could ix? started to
evict vou7
You. have additional rights to help protect your interest in the property. Y OU HA.V THE, RIGHT IT)
SE.I.L THE PROPERTY Ti t OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO
IIORROWR ONIEY FROM AN() t'I II.?t I,I i ILL" CY I S'I'I TL- TIC; 'I'ts PAY 01-- FTHIS DEBT. [ YOT T
MAY HAVE TH RIGHT TO SELL OR TRANSFER TI-M. PROPERTY SUBJECT TO THE
1%1ORTG!1lJE TU A IIUYI R OR TRAINSFERE EWHO WILL ASSUME. THE MORTGAGE DEBT,
PRt tVIDEI) THAT _'?LL. THE t_ UITSTANDING I'AYMEINNTS, CHARGES ANTE) AT 1'(-)R-NT L--Y'S
JVND COSTS ARE PALL) PRIOR TO OR AT THE. SALE, JANT3 TF L !'I' Tl II OTHE
REQUIRE XIENT:S UINDER THE M{ tR'TC'iAGE ARE SATISFIED_]. CONTACT US TO DE TERMINI
L;ti113EF2 WI-L/\'I' CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU I-IrWE TER- RIGITF 1.0
HAVE THIS DL.FAl_"I I' CI iRED BY ANY THIRD PARTY AC TIN-16 ON YOU-'R BEI-Lt\J- F-
!f you Car'" the tlf ftluk" the mortgage ivil be restore--d ito tho same j;.'_tS7t:(.+Y1 [7S if f:G defaul bad oc.`--ur'ed.
Elowever, you sire not :.yntitled. to this right to cure your d°faitlt tT.inm than three times :in any calendar
year.
SENT VL,- REC`sL:I-ikR AND
t "ER'TIFLE I7 P?1r TI. NU 13L.R
RETURN RL--C IPT REQ T S ED
tVe:isim', :.arid Conway, P,(-'.
BAC Dome Loans Servicing LP
59255
NOTRY OF I A'T.t ATION TO FCIREC..I,CI.V M(.3R T(sA.t'3Z:
Kathryn Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
September 7, 2011
The MORTGAGE held byDI-711TSCH BANK NA'T'IONAL. T'RUST COMPANY AS T'RIJSUM FOR
Tl-TE CERT'IFICI-1MHOLDERS O THE MORf_ AN S'I'r's.'\'I.E Y ABS C.'APH'AL I INC. TRI.IST.
2005-HEM MORTGAGE PASS-'IIIROUGH CERTIFICATES, SERIES 2005-IIE2 c/o BAC Horne
Loans Servicing 111 (hereinafter we, us or ours) on y otir pro erty located at 6 N-MountaEin View Drive,
Mount Holly Springs. Pennsylvania 17065, IS IN SERI{?IIs DEFAULT because you have not inane the
molithly payrnents of 698.55 for the months of May 3. 2010 through September 3. 2011. Other char8e:,
have also xerueJ to this date in the. followirEg arnounts:
Late charges in the aFrloun.t of $558.72
T scr£?w .Mvanes in the aniount of $3,112.1G
The total amount now required to cure this default or in other words et Lau ht u in your
pMients, as of the date of this letter, is $15,54517
You may Ciff'f.' ?h?.S :'t<: fad:llr w!t!2?rl FYIFc'TI' 1- 0, ?) .?':? of tll<:' :jL1iE.' (?j !`.lifS' 16by C ddlil ° rG us the avow,',
anu flat of $15,546. P, p1.15 anlY additio nal nEd;fdthly paynu--,nts- and lag, charge ii?hich fnay fall due du rip"',
this period. Such payErtent must he mlade either by cash, eashiet's check, certified cheek or money older.
and rnade at DFI i'TSCHF B.A-NK NATIONAL TRL, ST CC)hIPANtiY AS TFcI STT:I: I OR
T'I IF'
C.T;I T'II IC',?'l l:1IC3LI)l RS OF Tf MORG,'1N STANLEY ABS CAPI-TAT. I INI TC. TRE?ST 200)5-HE'
MORTGAGE .PASS-THR(JUC H CFRT'IEICA IT::S.SERIES 7005-HE2, c/o BAC Home Loans Servicing
I-P, Retail Payment: Services D 5-023_03-02.900 :Swn£tset Drive, Neivark, DE 1.971:3.
If VOU do r10t curt; the default l'30) 'NY S, we .i iter to
E.xL3riSe ?:{r 1 gl?, to (LCCr"lerc,r+'
t:t;e 17'orrg age p ortews. T kLs means that whal:ever i-S owin(; on. theoiiginaf amount borrowed will be
co).t:;ideredl due immediately and .you may lose the chancel, to pay off the t'3r4ginaf raortgage i1.2 ruouthly
(ilCtal.fiYE£;7iFS. if full payrnerif of the atrEount of default i„ not madle within THIRTY (30) DAYS, iv a/so
int(?)"t(7 to instruct our e:ittt?3'1' eye to Stari a 1i3wsu;l to fi?Jl?.'Clt?.Sr:.' your ti2!Jl't?i3(jl:X ?7rr117f'rf ;. f? (he irtc:rL9,'1?,?.'
i,-: for'6. _cl!ISed your r'i2!J?'t i3 jCCw ':r.T itrf will beso:d by Srler.. l'iJ ' torLay ;?fr" the-, ?.( „
f .r b ilc y
rT
(.' debt. If we 1': I E'
Your cakae to our aitorneys, but you (-life the dlefaufl before t.IEey I7e`.};ill. legal prcceeding5 a gaiTIM yC?E1., VOU
will still have to pay the reasonable Ldtorney'=; fee-,, actually imurredl, up to $50,00. Ilow'ever, if legal
proceedings are started a gai.rist you, you will have to pay the reasonable aitorney's fee.; even it they are
over $ 50.00. Any altorney's fe'e':; will be added to whatever you owe us, which. Ertay atlso include. out,
r ',asonI i Ie costs. if j'Ou re the i{°," (If111, -with,- 2fl the tf'I2r'tV Jay j r ri!lif. }r!m Ea,;ill riot be rr'ij3.1?3'F.',?,`o pax'
We Ertay also stir You personally for the unpaid p:E'incipal. ba sane and all other sullis due under the
rmort-gage. If you have nol cured the default within the thirty day }s'rkid anal foreclosure pr£xe=ed ings luive
begun, Nou Still 1 avi the right to cure the ::f,fLi:4It iZr7.n ??3'eE%(r1i i.>'?E' sale at any ,`.:r3te rig: to on f.' hour
{?F.ybre
l 'r F ePijJ f`_?3'eC10,5'rlre sale. You may do :,o by pay';ng tj?e tot'-'-d CP.17.i?/li'lt o the uripai"J lnopt)?!Y r ayl ?vats
i?lfis an.v lwc or other rharjJeS then 'due?, as web? !:1s the reasonable., attorrc.yY -- aEE'eS and costs cemne!,ted
}va'h the br'eclosure sale [ards e1;iri17M. i? rl;'?`? _ iher reqi1.irL•'.fr.. t V
Gfit.SN..Ji(S7rl' the fl).(Jl'tyil:?e 1. It '15 E;St:.i3rEate`.il that
the earliest slate Ehat: such aSherifPs sale could be held would be approx3xmately five. mor.iEhs frorn the
date of this notice-A notice of the date of the Sheriff sale will be se'nt to you before the sale. !_:f course,
t' the axaoullt needed to euxe the dedaull will i.ncrea -se: the .lorigv.r you. wait. You rE3ay find out at any tirne
racily what the required payment will be by earlilino its at the followin- numl?er: (8001669-6654, Fax -1 1
59255
Number: t8 17) 230-6811. This payment must be in cash, cashier's check, certified check or money order
and made payable to us at the address stated above.
You should re dine that a Sheriff"s :gale will end your ownership of the snort-oaned. property and your right
to remain in it. It you confirt e to live in the property after the Sheriff's sale, a lawsuit could be started to
evict you.
You have additional rights to help protect your interest :in the proper y. Yot-T FIAV THE Rl(_,IH €' TO
SELL, THE FROP RTY 'ro OBTAIN MO\? ?' TO PAY OFF THE MORTGAGE DEBT, OR TO
BORROW MONEY FROM ANOTHER LE:VL> NG ravSTU TIt_)iv TO PAY OFF THIS DEBT. [YOL"
MAY HAVE TI-IF RIGHT TO SELL OR TRANSFER TF-IL's PROPERTY Sij"Ii.mcr TO THE
MORTGAGE TO A BUYER OR TR.A.N'SFF'.RFF WHO WILI-: ASSULIA THE MORTGAGE DEBT,
PROVIDED THAT AI-.L TIIE OL TSTANIDIN PA"IENTS, C:l IARGES ANI) ATTORNMY'S FT_-'FS
AN-1) COSTS ARF PAJD PRIOR TO OR AT '.l'H S tlI?E, [AM:) THAT THE O'MEI}a
REQU"IREME\'T'S UNDER THE MORTC;AGE ARE SATISFIED]. C'ONTTACT UJIS TO DFTFRMI\'E
I.'ti'I)ER WHAT C'IRt;IjNST'AiVCT S THIS RIGHT MIt1ITTE IST:j. YOL ITAVF 'r FIE RICFFII' T'O
HAVE THIS DFFAM,T CURED BY ANY TITIRD PARTY AC:°TTNG O YOUR BEHALF.
if yom cure Lice dt jlultll the nlortg.age -will be restored 10 the same pos'ifion a.- ? no ttf:?iduh Y',?,ad occurreel.
However, you are not emit€ed to this riglit to cure your default more than three tries in airy caltmdar
year.
SENT VIA RF GU tR AND
C-F RTIF Tla) MAIL 14'I; I BER
RETL?RN RECEIPT REQUF'STED
'McClabe, Weisberg and Conway, P.C.
BBC Home Loans Servicing LP
I Me
uss
5
1
59255
McCabe, Weisberg & Conway, PC
PO Box 9025
Temecula, CA 92589-9025
Send Correspondence to:
McCabe, Weisberg & Conway, PC
126 South Broad Street
Suite 2080
Philadelphia, PA 19109
M
7196 9006 9295 4402 9457
Kathryn Rosario
6 Mountain View Drive
Mount Holly Springs, PA 17065
20110907-132
PAACTC
PRESORT
First-Class Mail
U.S. Postage and
Fees Paid
W SO
7196 9AW1e970Aq57
NOTICE OF NTFATION TO FOR,l.?'CLO SE .&?C?RTCrAGE
Kathryn Rosario
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
The I,1ORTGAGE held byDEUTSt IIt3- BANK NATIONAL 'T'RUSTCY_ -M- PimNy AS TRl:':ST13E IiC-)R
THE.. C'ER'I'Ii i?'A'I'EIIf?LI?I?RS f?F' I'IIi IORCY??' S'I`:3?v.I_,T .Y ABS CAPI Lm- I IINC. TRUST
2{k:i5-HF 2, .LIORT'CFAt,,E. PASS=THROUGH CERTIFICATT;S,SERIFS 2005-HE2 do BAC; Home
Loans Servicing LP (hereinafter: we, u.s or ours) on your €Jroperty located at 6 Mountain View ' Dive,
Mount Holly Sprints, Pennsylvania 17065, IS IN SERIOUS DFT.,kU.I_:T because you have not made the
nionthly pay.niems of.S698.55 for the months of May 3, 2010 througli September 3, 201l. Other Charges
have also zicerued to this date in the following anioun.ts:
Late chm2es in the amount of 15558.7 7
Escrow Advance in the amount of $ 3 ),1.12.1.0
The foul a mount now required to care this der: ul or in +> ber words get caught up in our
t2£d6rtietit.'k as (if the date o this letter, is $1.5,546.17.
Y w Y,''i.a y t;ilrt' thl:i C.i'f["iuh t iihin TI11RII' (30) DAYS U? the date,-
letter, fJl' ??ct j'lY2h IU m- the .J?(??l't•
Cann drlt of $1-546.1.7, p'lus' arty additiUr"Lt1I rrdUYttY':ly U!dl-rY.i'rIIS Chid late f.'hc1);f e iVY:iCIi ),."tidy lull !'.llf..' iI'11?'111
thiS period. Such payment must be made either by cash, cashier's check., certified check or .nioney order:,
and made at DF ETTSCIU Tl,?n :1 :?'TI{ }:?;? I. 'TRETS'T COMPANY AS TP USTT1 F(.)R T1-1F
CERTIFICATE HOLDERS O THE ,ORGAN S'l',MNII -EY ABS C API'y'Ai. I INC. TRI?5T 20054IE2.
M(-}R l'{ jAC F PASS-TIIROI CiH ('ER'FIFfC-.'A F -S,SERII=' S 3£')05-HF2, c;o BAC: Home Loaris Servicing
LI', Detail Paynien.t. Services DEi-023-03-02 900 Samoset Drive, Newark, D.F. 1971.3.
If You t1C', not cure. the default wlhi.n ]._11IRTY (3{}l 1:)AS, t,,e inte?.d to ?,f,c ise o;,ir r; q,<t io cacix lerate
the n1or'tgage payJnr°i+ ts. Ibis tn,'ans that Whatever is owing on the original arnounE otrowed will € e
considered dire immediately and you may tose the c€1.;7n+ce t:o pay off the original. Extort image. in monthly
ins. all.nient"Af full pay'meslit o thES amoilut of defali€t is not title within THIRTY (30) DAYS. we also
dirt")?dto ;nsl.ruct oura11orreVs to .star: a. iL!'tf'.SLt?,`. to ?t?T-_'lose:%i?i4r prop riV..I the dni(irtjflI,ge
?S` ?i)re'c%i?Sl'd iii?i0i ?1G.t?)`Jeifl(.d )rU %rt\,'F'-ill. l?t?:s'pr:d l3
`> 'thi,:.3' i!r to rtp ?l?,r? el? ljf °- pay nJ i xiE.' J1 1,U c.,t..tl we refer
you(' case to our atiortiey4, but you titre , the default before they begin legal proceedings against you, you
wilt still have to pay the reasonable attorne--y?s fees, actually incurred, tip to .$50.[_)0. However, i.t legal
pm, eedi.nQS are stii)'ted against you, you will.have to pay the ieasC?E).at)lei ;ltiC)ETEd;y',: fees Ewen if they are
Over $ 50.0(_). Any atloraey'S fees will be added to whatever you olive us, which may also include our
r:e asollable co-A ,• fl yi?).d cure the ell! Lti6lt with ii?. the? ,`.I Ti'ty dt:q 1if?)'io(:, Z%t??l ;t ill not be rt'!fi ?'Cl1 to rjiZy
We i"i):iy also sue you personally for the -wip;lAd principal balalice and all other minis due ui1der the
mortgage, It you have riot cureAl EhE; default withir_t the thirty day period ;md1 iorltcloslire lit-meedins;s have
begun, "'ou sill ht.: %r the might to, l cure the de a h itf:(.prE'vent the .Sale at: any tnm, up to, C?)7.e rt our b f?re
tht' l/t'r FJ"s jn +'ty.n ?<re sal°...l'i^u max 6.1,11? so by pa,yin,, 5 the? total C;7n!Junt of tri'if Lt?paid i?7orttllly
l)Lty))l!T?1:?
1-US till.,' icvc or other rharges: tl<er;. dU6, OS' Well as /he rt?(bsonabh:, tttt )rr2c'j''.S jems and i:!)Siti rol- el-tea
lvidi th j!?recii?s?r?'e ,SLtiG ?,ar"tif F)el-?i;)?1'i (ti'?y OLIiE'r' r<(j i6ir'er11,l r"..tS under the inortgag? '1. 11 is estimated that
lied; earliest (late that such a. Sheriffs Stile couldl be held woul(l be ;ll)pt'C)x:iErtiitely r'ive', j.-aonths from ille
dlate of this notice. A notice of the date of the Sheriff stile fall be writ to you before the sale. Of course"
the airmunt needed io cure the default will increase the lon`uer you wilit. You ina filid out at any tin_l:`
exactly what the required payment will be by callidito us it the following nurnt-v r: (800) 669-,6654, Fax
iumber: (817) 230-6811. This payiiient raust be in cash, cashier's check, certified c.hec.l;or EY.toney order
EM ind rmide payable to us at the address stated above.
59255
You should re.A e that a Sheriff's sate wilt ead your ownership of the iiioi,tgaged prnpi.?rty uid your right
to remain in it- If you continue to live, in the property after the Sheriffs sale, a lawsuit could v.. started. to
evict you_
You. have ailrtitional rights to help protect your interest in the property. YOU Iu1.VE THE. RICfI T TO
SEII_ THE PROPERTY TO OBT_ LNIN MONEY TO PAY OFF THE MOR) TGr-lGIH. I E13T, OR TO
BORROW MONEY FROM ANOTI-II-R LIDDING LNSTTTIJU N 'I'0 PAY 0I1, THIS DI B'T. IY0t'T
%1AY HAVE THE RIGHT TO SELL OR TR.A SFER THE PROPERTY S B T.ECT TO TI-II-*
MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUINVIE. TIIE _VIORTGAGE DEB'T',
PROIVIDEI) THAT _k-LL THE t ti."TS'TA:?"DING PAY1 EIN'TS, C I7AR.i 7ES AND !1.T'TORNT Y'S I7 L.5
ANL} COSTS ARE PAID PRIOR. TO OR AT THE S?' LE, JAND TI-L 'I' T'III? O'I'IIP.R
Rl:QUJ'1RE1%- -1TNTS E.NTI)ER TI-I€- ? 4ORTGAG'E ARE SATISFIED]. CON.71't'"-C"I' €?S TO DE TER':'v INN
L NI DER NW-LIV1 CIRCUMSTANCES THIS RIGHT MIGHT E XIS-111- YOU I-I.WE THE! RICiI T To
HAVE THIS DE AL'I,T' CI'RED BY ANY THIRD PARTY ACTING C?.N Y()L. R I31 ELt1LF -
1'014 C14."r.= . P ilf)f7U..,, a the i.'b0 '.n`a± d "vS i... be restored %J the 5a-11i:' jioSL..C77 t4S .f .'.C d_Jcl.ll. !?a(7 0..Cu1'1'iitl.
However, you. are not : ijiled to this right to cure your default snore than three tittles :in any calendar
year-
SENT VL<1. RF CYLEALR AND
("ERTIFIVI) MAIL NUMBER
RETURN RECEIPT REQL-'.Y q'fED
Me °alx=, We:i=>lvro Laid Conway, P.,('.
BAC Home Loans Servicing LP
E
59255
NOTAY OF INTENTION TO FORECLOSE MORTGAGE
Kathryn Rosario
807 Carolina Beach Avenue N Apartment #2
Carolina Beach, North Carolina 28428
September 7, 2011
The MORTGAGE, held byDET.?"'TSCH BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR
THE CI RTIFICA'II-HOLDERS OF THE MORGAN STANLEY A BS CAPITAL I IIv'C- TRI. ST
2005-HE2, MizR'.€'GA(SI; PASS-'I'IIRE1I;tiH C'F:R'IFI IC:?T.€ S,?i.FRII S 2(?)S-III3? c/o Br1t Home
Loans Servicing IT (here-inatter we., us or ours) on your property located at 6 Mountain View Drive,
Mount Holly Spring., Pennsylvania 17!06, IS IN SERIOUS DETAULT because you have not made the
monthly payments of $698.55 for the months of.May 3, 201.U tht'ough September 3, 2011. t )titer iharges
have also accrued to this elate in the following amounts:
Lare charges in the aaiouttt of $:158.7'
Escrow Advances in the amount of $3,11.2.10
The total arnount now reE uired to cure this default or in other words et caught n in Your
12ay 3ients, as of the date of this letter, is .115,546.1.7,
You, inay ci't'e !fit's d!-faftli within THIRTY 12.30) 11,11"S of the dale.' of this I Iter, by pa.' Virg to us the above
wn,ouri of $15,1546.17, phim arty additional irttC:Yithi'.y payiiients and Lae, .'Flag 14'j ich Pray fall due (.rurir,£'
ibis periods. Such. payment: must be made either by cash, cas.hier;s check, certified check or i-noney order,
tt3.d made at DI I1'ISCIM B.r1I4K NA.T.ION. AL TRUST COMPANY AS TRI1S I EM FOR THE
CTRTIFIC.MTHOLDER x OF THE MORGAN STANLEY ABS CAPITAL I LNITC. TRCTST 2005-HE2,
MORTGAGE .PASS-THROUGH CERTIFIC T S,SER.IES 200:1-HE2, d:;lo BAC Home Loans Servicink-
IT, Retail Paj):t37ent: Service-s DE,5-023-03-€12 900 :SS3 noset .T dve, Newark, DE 1.9713.
It you do not dire the defat3lt tivi.thin.'I'1-l:fRTY ( 0) DAYS, w liferr to exercise our righ t_) acc lerafe
lhv -,norr;;?a9F' f%[ii'i}iCYIt:S. .l'ht:i Ltii'ans tlAaF what:E ver i5 tlR):tEl ? C'E3. the d tE'ig:iEJal anl£Jitnt borE'O?x'£',EI 'J,t:l1_f bE`.
cow;3dered date il7nTtedEa3!tely and you ruay lose, the. chance to pay off the original YnC rtgage in rtirrnt:h1y
inCtallmenis, if roll pavrnent of the a3 otint of defatilt is not ETtade within 'TH [RTY (30" DAYS, iv& also
ti ll:'3t<I it) instruct our to Iarl a law i,.tdt 10 o?ecloseyJ(1D'72r1rigaged proper!*:, fJ Ae nwrloage
(J 11?i' l-Ios-e vow- nlortsagea, property will he ,,ol l?S' M Sheriff to (.£l+ - the t f? e: a+ f
?/ p the ?t..rr.,r_'e i1.. ;J.. If WE: ret:'r
yotir case to out, aEtorn.eYs, but voo care the default before 11Eey begin legal proceedings agairi it yon, you
will Sti-fl..have to pav the rE'asonabl'i attorneyls fees, actually imorredl, up to $50.00. f cnvever, if legal
proceedings are started against: yon, you will have to pay the reasonabic aitorney's fees even if they are.
over $ 50.00..ArEy atto't' ey`s fees will be added to whatever you ouve us, which Eltay 2315£1 include out.
reasonable costs. ffyOu {'Ltre the if°._?i3 !rl yi'ifr'i,i.T4 the tllti'tV :.'i2y j +. iili?. ?+ ltd }S'.1 riot be required ,`o f)::al+
W'e atay also site yoti personally for the unpaid principal balance and i ll other sums doe nnder the
mortgage. If you have not c axed the. £lef atilt within the thirty day f?#',riod anti foreclos-tare prCJC'E`edings hiive
beg nn, .SOfr S$i?l iTtZVf` tYt ri Y2t t(i f:ffrC? t`f1e t:i, Ciulf i2)2i? f?f'eVe?1.t tj?E.' Sil,',e cif any ,`.f1;tG up- tG !l f. E' 2li?[r t??F,pie
sale. You enai' do 30 by paying the .'"i?1?i(. L1ii.€ o?'?
i i. ? - ?TEIt l
fJ - an tl2e L..paf.?
plri;, Cane 1xi or othor rlwr.ges 1}'izi?. ;,iffe, well. 1•S the rr'iZS(i?1:ihle C2tioi'N.°Y 7tE'e:7 fliiLi Ct?rt5' CJi;):.CC:,`.ed
}!:ith the 1`t?f'6:'?!l.Sf,[7'(' i11e ?i:lN,!/'Je?tYi?7?f iZPI C)fIIPJ'7'E tfi'(:'.i?f.('Nt. G7r') n t r r
1. It is E;StE3Tli3t:1 d that
the earliest mate that Stich a ShEiifrs -,ale cutild be .he.f£l woold be approx3J"nately five n-ionElls from the
date of this notice, t\ n"Ake of t:fte date of the Sheriff sale. will be 5°n.t to yot3 before the sale. i.3f eott3-se,
the i3J:nE uni needed to cEAre th,,i default: will increase 1:11C', longer You wait:. You ):nay f3.ndl 01St at any time
xacily wheat the required payment will be by calling its at the following number: (800; 569-6554, Fax
59255
Number: (.g I7) 230-0811. This payment niust be in cash, Lashie3's check, certified check or money order
and made payable to us at the, address stated al)ove.
You should re-,Aize that a Sheriffs sale will end your ownership of the mortgaged prope y and your right
to remain in it. It you continue to Iive in the property- after the Sheriff's sale, a Iawsuit could be started to
evict you.
You have additional ri;hts to help protect your interest in the property. YOU HAVE THE RIGH TO
SELL THE PROPERTY TO OBTAIN MOtiEY To PAY OFT- THE I IORTGAGE DEBT. OR. TO
BORROW MONF'Y FROM.,kN )THFR LENT-11 G L'NSTI11 TIC. N TO PAY c.)FF TIIZS riEBT. [YC?t"
MAY fIA'YT THE RIGHT TO SELL OR rR.l.\TSFFR THE PROPERTY SI T TF'CT T'?a TFff
MOR I'GAC E TO A BUYER OR TR.A NSTiTRFF, WHO WTI.L AS SLU%IF "THE MORTGAGE DEBT,
PRO TIDED TH I' 2U_L. THE mus rA tiZ ING PAY4SF \ I'S, CHARGES AND ATTORN Y'S T;F".E.S
AND COSTS ARE' PA_II? PRIOR '110 O F1T THF= .SALE= [ANI D TI?,??'.I"IFF o rFIEI:
RI;C?I IRT?M, ENTS UNDER TIiI; MORTGAGE ARE SATISFIED]. CONTACT 1, US TO DI=TERMINr-,
I \DFRGHAT Ci'IRC UMSTANC E;S THIS RIGHT 1IGf-rr F1is'rI- YOtT RIGHT '110
HAVE THIS DF'FAULT CURED BY ANY THIRD PARTY ACTTI G ON YOUR BEHALF.
if you (are the eje cult, iht:' mortgage -will be., restored to the Sai,,,- e G%USirion f.'3- ?1 rzo kk fault had occUrreti.
However, you are. not entitled to this right to cure your default nxore than three tinies in any calendar
i+ear.
SENT VIA Rr-'G[-Z.AR AND
C E'RTIF=TED MA.IT_, N?'I'MBER
RT TF TRN RECEIPT REQUTES11D
IYicC'al'eisl?erg and Conway, P.C.
BAC Home Loans Servicing LP
59255
59255
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7196 9006 9295 4142 0899
August 26, 2011
COMBINED ACT 91/ACT 6
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 OR THE MORTGAGEE THAT SENDS THIS
NOTICE WITHIN 33 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 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling 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
INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. LISTED
PUEDES 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.
E
HOMEOWNER'S NAME(S): Richard Rosario
PROPERTY ADDRESS: 6 Mountain View Drive
Mount Holly Springs, PA 17065
LOAN ACCT. NO.: 38282422
ORIGINAL LENDER: Deutsche Bank
National Trust Company As Trustee For
The Certificateholders Of The Morgan
Stanley ABS Capital 1 Inc. Trust 2005-
+HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
CURRENT LENDER/SERVICER: Deutsche
Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan
Stanley ABS Capital 1 Inc. Trust 2005-
+HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
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.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During
that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice or the mortgagee that sends this notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YO U DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty-three (33) days after the date of this meeting. The names, addresses and telephone
numbers of designated consumer credit counseling agencies for the county in which the property
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-three (33) 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.
AGENCYACTION--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).
NATURE OF THEDEFAULT--The MORTGAGE debt held by the above lender on your
property located at: 6 Mountain View Drive Mount Holly Springs, PA 17065 IS SERIOUSLY
IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: $698.55 per month for the months of May 3 2011
through August 3. 2011
Other charges: $558.72 For Late Charges & $3,112.10 For Escrow Advances.
Other fees may have accrued on your account.
TOTAL AMOUNT PAST DUE: $14,847.62
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY-THREE (33)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $14,847.62, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD.
Payments must be made either by cash. cashier's check certified check or money order made
payable and sent to:
Deutsche Bank National Trust Company As Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital 1 Inc. Trust
2005-HE2, Mortgage Pass-Through Certificates, Series 2005-HE2
Retail Payment Services DE5-023-03-02 900 Samoset Drive
Newark, DE 19713
IF YOU DO NOT CURE THE DEFA ULT--If you do not cure the default within THIRTY-
THREE (33) 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-THREE
(33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon
your mortgaged proper .
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-THREE (33) DAY period 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 SHERIFF'S SALE--If you have not cured the
default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun,
you still have the right to cure the default and prevent the sale at any time ug to one hour before
the Sheriffs Sale You may do so by paving the total amount then past due plus anv late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other requirements under the more. 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.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE
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 lender.
W TO CONTACT THE LEND
NameofLender: Deutsche
Bank National Trust
Company As Trustee
For The
Certificateholders of
The Morgan Stanley
ABS Capital 1 Inc.
Trust 2005-HE2,
Mortgage Pass-Through
Certificates, Series
2005-HE2
Address: Retail Payment Services
DE5-023-03-02 900 Samoset Drive,
Newark, DE 19713
Email Address:
PHFA-Progam@countrywicle.com
Phone Number: 1-800-669-6654,
Fax Number: 1-817-230-6811
Contact Person: Loan
Counselor
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 Sheriffs 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 XX may not 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 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.
FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY,
PLEASE SEE THE ATTACHED LIST.
SENT VIA REGULAR AND
CERTIFIED MAIL NUMBER
RETURN RECEIPT REQUESTED
DATE: August 26, 2011
McCabe, Weisberg & Conway, P.C.
for Bank of America, National Association
S/B/M/T BAC Horne Loans Servicing, L.P.
0
CUMBERLAND County
Adams County Interfaith Housing Authorlty
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS 4fWte&,tn PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Cornmiusirxa of Captiai RNjon
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveahlp, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Mara nath.a
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
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7196 9006 9295 4142 0882
August 26, 2011
COMBINED ACT 91/ACT 6
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
CO UNSELING A GENCY OR THE MORTGAGEE THAT SENDS THIS
NOTICE WITHIN 33 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 tollfree at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling 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
INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. LISTED
PUEDES 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): Richard Rosario
PROPERTY ADDRESS: 6 Mountain View Drive
Mount Holly Springs, PA 17065
LOAN ACCT. NO.: 38282422
ORIGINALLENDER: Deutsche Bank
National Trust Company As Trustee For
The Certificateholders Of The Morgan
Stanley ABS Capital 1 Inc. Trust 2005-
+HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
CURRENT LENDER/SERVICER: Deutsche
Bank National Trust Company As Trustee
Fcr The Certificateholders Of The Morgan
Stanley ABS Capital 1 Inc. Trust 2005-
+HE2, Mortgage Pass-Through
Certificates, Series 2005-HE2
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.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During
that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice or the mortgagee that sends this notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YO U DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT" EXPLAINS HOW TO BRING YO R MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSE INGA ENCI S--If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty-three (33) days after the date of this meeting. The names. addresses and telephone
numbers of designated consumer credit counseling agencies for the county in which the property
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 immediatelX 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-three (33) 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.
AGENCYACTION--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).
NATURE OF THEDEFAULT--The MORTGAGE debt held by the above lender on your
property located at: 6 Mountain View Drive Mount Holly Springs, PA 17065 IS SERIOUSLY
IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: $698.55 ner month for the months of May 3 2011
through August 3. 2011
Other charges: $558.72 For Late Charges & $3,112.10 For Escrow Advances.
Other fees may have accrued on your account.
2
TOTAL AMOUNT PAST DUE: $14,847.62
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY-THREE (33)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $14,847.62, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD.
Payments must be made either by cash, cashier's check certified check or money order made
payable and sent to:
Deutsche Bank National Trust Company As Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital 1 Inc. Trust
2005-HE2, Mortgage Pass-Through Certificates, Series 2005-HE2
Retail Payment Services DE5-023-03-02 900 Samoset Drive
Newark, DE 19713
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY-
THREE (33) 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-THREE
(33) 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-THREE (33) DAY period, 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 SHERIFF'S SALE -If you have not cured the
default within the THIRTY-THREE (33) 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 paving the total amount then past due plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the heri f's Sale ass ecified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
R
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE
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 lender.
W TO CONTACT THE LEND
Name of Lender: Deutsche
Bank National Trust
Company As Trustee
For The
Certificateholders Of
The Morgan Stanley
ABS Capital 1 Inc.
Trust 2005-HE2,
Mortgage Pass-Through
Certificates, Series
2005-HE2
Address: Retail Payment Services
DE5-023-03-02 900 Samoset Drive,
Newark, DE 19713
Email Address:
PHFA-ProgaTn@countrywide.com
Phone Number: 1-800-669-6654,
Fax Number: 1-817-230-6811
Contact Person: Loan
Counselor
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 Sheriffs 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 XX may not 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.
7 U5.
21
YOU MAYALSO 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 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.
FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY,
PLEASE SEE THE ATTACHED LIST.
SENT VIA REGULAR AND
CERTIFIED MAIL NUMBER
RETURN RECEIPT REQUESTED
DATE: August 26, 2011
McCabe, Weisberg & Conway, P.C.
for Bank of America, National Association
S/B/M/T BAC Home Loans Servicing, L.P.
CUMBERLAND County
Adam: County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Unglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Corr;=nis siren of Capful Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
t.ovoship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranath,a
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
OTM
EXHIBIT "J"
McCABE, WEISBERG AND CONWAY, P.C.
BY: Andrew L. Markowitz, Esquire
Attorney ID #28009
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005-HE2, Mortgage
Pass-Through Certificates, Series 2005-HE2
V.
Kathryn Rosario and Richard Rosario
Attorneys for Plaintiff
erland County
of Common Pleas
2012-1554 CIVIL
PLAINTIFF'S AFFIDAVIT
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
STATE OF?Nµsyl?Q/viq )
V
ss.
COUNTY OF tlllejheA? )
ii,h'tAv fickard 9"Ilbcrr?? , being duly sworn according to law, deposes and says:
1. I am employed in the capacity of t?s({-Ilj?P2s,'o?,'at Bank of America, N.A.,
mortgage servicing agent for Plaintiff in the within matter.
2. In said capacity, I am familiar with the account that forms the basis of the instant
foreclosure action and am authorized to give this Affidavit.
3. The information in this affidavit is taken from Bank of America, N.A.'s business
records. I have personal knowledge of Bank of America, N.A.'s procedures for creating these
records. They are (a) made at or near the time of occurrence of the matters recorded by the persons
with personal knowledge of the information in the business record, or from information transmitted
by persons with personal knowledge; (b) kept in the course of Bank of America, N.A.'s regularly
conducted business activities; and (c) it is the regular practice of Bank of America, N.A. to make
such records.
4. The Defendants, Kathryn Rosario and Richard Rosario, made executed and delivered
a Mortgage upon the premises, 6 Mountain View Drive, Mount Holly Springs, PA 17065, on
November 3, 2004, to Mortgage Electronic Registration Systems, Inc., acting solely as a nominee
for Decision One Mortgage Company, LLC.
5. Plaintiff is the last assignee of the Mortgage by virtue of an Assignment of Mortgage
dated July 25, 2011 and recorded on August 2, 2011 at the Cumberland County Recorder's Office
Instrument Number 201121442.
6. Defendants' mortgage payments due for the month of May, 2010 and each, month
thereafter are due and unpaid.
7. The amounts due on the mortgage in question as of August 31, 2012 are as follows:
Principal Balance $ 96,063.45
Interest through 8/31/12 $ 16,783.45
(plus $19.0289 per diem)
Attorney's Fees $ 3,322.86
Property InspectionsBPO $ 225.00
Subtotal $ 116,394.76
Escrow Deficit $ 5,276.83
TOTAL $ 121,671.59
8. Defendants have failed to reinstate the accounts.
9. Plaintiff provided defendants with a Notice of Intention to Foreclose Mortgage
as required by Act 6 and notice as required by Act 91.
10. The subject mortgage is not insured by the Federal Housing Administration
11. Plaintiff continues to suffer unjust financial losses as it pays the taxes and
insurance on the property as they become due to avoid a tax upset sale and/or loss to its
collateral, all of which accrue to the benefit of Defendants and to the severe detriment of
Plaintiff.
12. Plaintiff properly accelerated its mortgage to protect its interests.
q- 15-12
Name:
Title: /jsstsfa? f d ?c P?cfed? „?-
Bank of America, N.A.
On this )l k day of .S'e7giw 6e,- , 20 l y , before me a notary public, the
undersigned officer, personally appeared the above named person, known to me (or satisfactory
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she'( executed the same for the purposes therein contained.
In witness hereof, I hereunto set my hand an official seal.
Stamp/Seal In J'?.;
Notary Public
File Name: Kathryn Rosario and Richard Rosario COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Robert M. Thiebaud, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Jan. 19, 2016
McCABE, WEISBERG AND CONWAY, P.C.
By: Andrew L. Markowitz, Esq.
Attorney ID # 28009
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS
capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through Certificates, Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
CERTIFICATION OF SERVICE
I, ANDREW L. MARKOWITZ, ESQUIRE, hereby certify that a true and correct
copy of the within Plaintiff s Motion for Summary Judgment, proposed Order and Memorandum of
Law in Support thereof and attached documents were served on the 23`d day of October, 2012 by
first-class mail, postage prepaid, upon the following:
Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, PA 17112
DATE: October 23, 2012
Mr. Richard Rosario
6 Mountain View Drive
Mount Holly Springs, PA 17065
ANDREW ,1E. MARKOWITZ, E'(QUIRE
Attorne or Plaintiff
C,41 N
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
i
C) Ir
? C ?? .
_L 0%
Please list the within matter for the next Argument Court.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS
capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through Certificates, Series 2005-HE2
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
1. State Matter to be argued: Plaintiff's Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) Thomas E. Flower, Esquire
FLOWER LAW, LLC
10 W. High Street
Carlisle, PA 17013
(b) Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, PA 17112
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: February 15, 2013
cc elm 7Pr r 7 Z o f Z
DATE:
ANDREW . MARKO ITZ, ESQUIRE
Attorney for Plaintiff
310 ,4 ? 8
a V4g4VP
McCABE, WEISBERG AND CONWAY, P.C.
By: Andrew L. Markowitz, Esq.
Attorney ID # 28009
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for the
Certificateholders of the Morgan Stanley ABS
capital I Inc., Trust 2005-HE2, Mortgage Pass-
Through Certificates, Series 2005-HE2
Plaintiff
V.
KATHRYN ROSARIO
-and-
RICHARD ROSARIO
Defendants
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 2012-1554 Civil
CERTIFICATION OF SERVICE
I, ANDREW L. MARKOWITZ, Esquire, hereby certify that a true and correct copy of the
within Praecipe for Listing Case for Argument was served on the 17T" day of December, 2012,
by first-class mail, postage prepaid, upon the following
Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, PA 17112
Mr. Richard Rosario
6 Mountain View Drive
Mount Holly Springs, PA 17065
172,),2-
DATE: Dec- CM F
,r ANDREW LA4ARKOWITZ,
Attorney for Plaintiff ?'
DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS OF
TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
KATHRYN INGLE f/k/a KATHRYN
ROSARIO AND RICHARD ROSARIO,
DEFENDANTS 12-1554 CIVIL TERM
IN RE: PLAINTIFFS MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, P.J., MASLAND, J., and PLACEY. J.
ORDER OF COURT
AND NOW, this 0 day of March, 2013, Plaintiffs Motion for Summary
Judgment is GRANTED. Plaintiff is awarded in rem judgment against the Defendants
for the foreclosure and sale of the mortgaged property. Plaintiff is further awarded
judgment against Defendant Richard Rosario in the amount of$121,671.59 together
with interest at a rate of$19.0289 per them from September 1, 2012 to the entry of
judgment, plus costs and interests from the date of judgment as provided by law.
By the Court,
Albert H. Masla6d, J.
Andrew Markowitz, Esquire
For Plaintiff
Viason Arnold, Esquire
For Defendant
co
Richard Rosario
r-,
Defendant C-')C)
cr
ICI
DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS OF
TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
KATHRYN INGLE f/k/a KATHRYN
ROSARIO AND RICHARD ROSARIO,
DEFENDANTS 12-1554 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, P.J., MASLAND, J., and PLACEY, J.
OPINION AND ORDER OF COURT
Masland, J., March 18, 2013: --
Before the court is the Motion for Summary Judgment filed by Plaintiff, Deutsche
Bank National Trust Company. After briefing by the parties and argument en banc, we
grant the Motion for Summary Judgment in accordance with the following opinion.
1. Introduction
Deutsche Bank National Trust Company (Plaintiff) filed a complaint on March 12,
2012 against the above-named Defendants arising from a mortgage foreclosure on the
property owned by Defendants. After filing of responsive pleadings and discovery, on
October 24, 2012, Plaintiff filed a Motion for Summary Judgment averring that there are
no issues of material fact and that Plaintiff is entitled to summary judgment on its
mortgage foreclosure. Pl.'s Mot. for Summ. J. T 17.
II. Facts
Plaintiff is a Trust Company acting as trustee for the Certificateholders of the
Morgan Stanley ABS Capital I Inc. organized under the laws of California. Pl.'s Compl.
1. Defendants are the owners of real property located at 6 Mountain View Drive,
12-1554 CIVIL TERM
Mount Holly Springs, Pennsylvania, 17065 (the Property). Id. 16; Def. Kathryn Ingle's
Resp. to Pl.'s Foreclosure T 2.
On November 3, 2004, Defendants executed a mortgage on the Property to
tender Decision One Mortgage Company, LLC. Pl.'s Compl. Ex. A. However, only
Defendant Rosario executed the Note on the Property. Pl.'s Mot. for Summ. J. Ex. A.
On July 25, 2011, Decision One Mortgage Company, LLC assigned its interest under
the mortgage on the Property to Plaintiff. Pl.'s Mot. for Summ. J. Ex. C.
Plaintiff filed the instant foreclosure action on March 12, 2012. Pl.'s Compl.
Plaintiff averred that Defendants have been in default on their mortgage payments since
May 3, 2010. Id. 17. Defendant Ingle was served personally with the complaint on
March 19, 2012. See Sheriffs Return of Service, March 28, 2012. Defendant Rosario
was served via certified mail and posting on his last known address on July 26, 2012
and July 30, 2012 respectively pursuant to a Court Order executed on May 18, 2012.
See Aff. of Service, Sept. 7, 2012.
Defendant Ingle filed a Response to Plaintiffs Foreclosure on April 9, 2012 in
which she admitted the mortgage was in default but denied that she was a mortgagor
on the Property, averring that Defendant Rosario was solely responsiblee for the
mortgage payment. Def. Kathryn Ingle's Resp. to Pl.'s Foreclosure IM 2, 7. Defendant
further averred affirmative defenses of laches and unclean hands. Id. 1M 16, 17. On
April 23, 2012, Plaintiff filed a Reply to Defendant's New Matter. Pl.'s Reply to Def.'s
New Matter.
Plaintiff filed a Motion for Summary Judgment on October 24, 2012 seeking
payments in the amount of$121,671.59 from Defendants with interest. Pl.'s Mot. for
-2-
12-1554 CIVIL TERM
Summ. J. Defendant Ingle filed a Response to the Motion on December 10, 2012
averring that the suit is not ripe for judgment because the Plaintiff had not addressed
Defendant's claims of unclean hands and laches and because Defendant was not on
the promissory note. Def. Kathryn Ingle's Resp. to Pl.'s Mot. for Summ. J.
Defendant Ingle additionally filed a supplemental response to Plaintiffs motion
immediately prior to the argument on February 15, 2013 in which she argued that
Defendant Rosario was not properly served. Def.'s Mem. of Law.
Ill. Discussion
A. Standard of Review
Summary judgment is properly granted only where the pleadings, depositions,
answers to interrogatories, and affidavits establish there is no genuine issue of material
fact and the moving party is entitled to judgment as a matter of law. Pa. R.C.P. No.
1035.1. The moving party carries the burden of demonstrating that a genuine issue of
fact does not exist and that the moving party is entitled to judgment as a matter of law.
Hower v. Whitmak Assoc., 538 A.2d 524 (Pa. Super. 1988). After having been served
with a motion for judgment, a nonmoving party may not"rest upon the mere allegations
or denials of the pleadings, but must file a response within thirty days after service of
the motion" in which the nonmoving party identifies the issue of material fact arising
from the record. Pa. R.C.P. No. 1035.3. In considering the merits of a motion for
summary judgment, we view the record in the light most favorable to the non-moving
party and resolve all doubts as to the presence of a.genuine issue of material fact
against the moving party. Wilson v. EI-Daief, 964 A.2d 354, 359 (Pa. 2009).
-3-
12-1554 CIVIL TERM
B. Plaintiffs Motion for Summary Judgment
Defendant Ingle contends that there is a genuine issue of material fact because
she is not a party to the mortgage, specifically, because she did not sign the promissory
note. However, in Pennsylvania, a person can execute a mortgage, providing property
as security on a loan, without providing accompanying personal liability in the way of a
promissory note. See Easton Theatres, Inc. v, Wells Fargo Land& Mortgage Co., 449
A.2d 1372, 1375 (Pa. 1982). Accordingly, a mortgage foreclosure does not enforce
personal liability against a borrower, but is, rather, an in rem proceeding, recovering
property for failure to pay a loan. See Insifloo Corp v. Rayburn, 543 A.21d 120, 123 (Pa.
Super. 1988).
In the present case, Defendant Ingle concedes that the mortgage in question is in
default. Defendant Ingle's primary argument against the mortgage foreclosure is her
averment that she is not a mortgagor on the property, and therefore, the Plaintiff cannot
foreclose on the Property. Defendant Ingle's contention rests on the fact that she did
not sign the Promissory Note on the Property. However, Plaintiff has provided
documentation establishing that Defendant Ingle signed the mortgage on the property.
See Pl.'s Compl. Ex. A. Consequently, although Plaintiff cannot enforce personal
liability against Defendant Ingle because she is not party to the Promissory Note,
Plaintiff is still able to foreclose on the Property against Defendant as she is party to the
mortgage. Therefore, because the evidence presented clearly demonstrates that
Defendant Ingle is a party to the mortgage and that the mortgage is in default, Plaintiff
has met its burden in showing that there is no genuine issue of material fact and that
Plaintiff is entitled to judgment as a matter of law.
-4-
12-1554 CIVIL TERM
Finally, Defendant Ingle contends that Defendant Rosario would be denied due
process if judgment were entered in this case because, allegedly, he was not properly
served. First and foremost, Defendant Ingle lacks standing to raise a due process
challenge on behalf of Defendant Rosario. See Elk Grove Unified Sch. Dist v.
Newdow, 542 U.S. 1, 12 (2004) (stating that a litigant cannot raise another person's
legal rights). Additionally, Plaintiff did attempt service on Defendant Rosario and, after
numerous attempts at service failed, was granted leave of court to serve Defendant
Rosario by regular and certified mail at his last known address. Plaintiff has provided
an Affidavit of Service demonstrating service in compliance with the court order.
Therefore, even assuming Defendant Ingle had standing to bring a due process
challenge on behalf of Defendant Rosario, Defendant Ingle's contention that Defendant
Rosario would be denied due process by entrance of a judgment in this matter is
without merit.
IV. Conclusion
For these reasons, we enter the following order granting Plaintiffs motion.
ORDER OF COURT
AND NOW, this Z day of March, 2013, Plaintiff's Motion for Summary
Judgment is GRANTED. Plaintiff is awarded in rem judgment against the Defendants
for the foreclosure and sale of the mortgaged property. Plaintiff is further awarded
judgment against Defendant Richard Rosario in the amount of$121,671.59 together
-5-
W
12-1554 CIVIL TERM
with interest at a rate of$19.0289 per diem from September 1, 2012 to the entry of
judgment, plus costs and interests from the date of judgment as provided by law.
By the Court,
Albert H. Masland, J.
Andrew Markowitz, Esquire
For Plaintiff
Jason Arnold, Esquire
For Defendant
cC= r,
Richard Rosario -am w --i
,W
Defendant
Cnr-
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5 _
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McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff
MARC S. WEISBERG,ESQUIRE-ID# 17616
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID# 34419
ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009
HEIDI R. SPIVAK,ESQUIRE-ID#74770 N C)
MARISA J.COHEN,ESQUIRE-ID#87830 a
KEVIN T.MCQUAIL,ESQUIRE-ID#307169 `••"'
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 X M
BRIAN T.LAMANNA,ESQUIRE-ID#310321 a
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.I. FOLEY,ESQUIRE-TD#314675 G `Z► 0 7?
`v r....
CELINE P.DERKRIKORIAN, ESQUIRE-ID#313673
123 South Broad Street, Suite 1400 >
Philadelphia,Pennsylvania 19109
215 790-1010 -C
Deutsche Bank National Trust Company As Trustee For CUMBERLAND COUNTY
The Certificateholders Of The Morgan Stanley ABS COURT OF COMMON PLEAS
Capital I Inc.,Trust 2005-HE2,Mortgage Pass-Through
Certificates,Series 2005-HE2
Plaintiff
Number 2012-1554-CIVIL
V.
Kathryn Rosario and Richard Rosario
Defendants
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment in favor of Plaintiff and against Defendants,Kathryn Ingle f/k/a Kathryn Rosario and Richard
Rosario, in the above-captioned matter in the amount of$126,143.38 plus per diem interest at$19.0289 as set forth in the
attached Order dated March 18,2013.
Principal $ 121,671.59
Interest from $ 4,471.79
0 9/01/2013 o04/24/2013
Total $ $126,143.38
McCABE,WEISBERG AND CONW Y,P.C.
BY:
[ ]Ter ce J.McCabe,Esq. [ Marc S. Weisberg,Esq.
[ ] Edward D. Conway,Esq. Margaret Gairo,Esq.
[ ] Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq.
[ ]Marisa J.Cohen,Esq. [ ] Kevin T.McQuail,Esq.
[�]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. 4.'1 So 1
[ ]Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. t0 ( a
[ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq.
Attorneys for Plaintiff V-4 aS9 7 S
AND NOW;..thisa?b day of ,2013,Judgment is entered in favor of Plaintiff,Deutsche Bank 1vot" -
National Trust Company As Trustee For The Certificateholders Of The Morgan Stanley ABS Capital I Inc.,Trust 2005-HE2, V"at
Mortgage Pass-Through Certificates, Series 2005-HE2, and against Defendants,Kathryn Ingle f/k/a Kathryn Rosario and
Richard Rosario,in rem only and not in personam,and damages are as ssed in the amount of$126,143.38,plu terest and
costs.
BY THE PR NOT R
w
McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff
MARC S. WEISBERG,ESQUIRE-ID# 17616
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE- ID# 34419
ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009
H:EIDI R. SPIVAK,ESQUIRE-11)#74770
MARISA J.COHEN,ESQUIRE-ID#87830
KEVIN T. MCQUAIL,ESQUIRE-I:D#307169
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480
BRIAN T.LAMANNA,ESQUIRE-ID#310321
ANN E. SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675
CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
215 790-1010
Deutsche Bank National Trust Company As Trustee For CUMBERLAND COUNTY
The Certificateholders Of The Morgan Stanley ABS COURT OF COMMON PLEAS
Capital I Inc.,Trust 2005-HE2,Mortgage Pass-Through
Certificates,Series 2005-HE2
Plaintiff Number 2012-1554-CIVIL
V.
Kathryn Rosario and;Richard Rosario
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALT14 OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA:
The undersigned, being duly sworn according to law,deposes and says that the Defendants,Kathryn Ingle f/k/a
Kathryn Rosario and Richard Rosario, are not in the Military or Naval Service of the United States or its Allies,or otherwise
within the provisions of the Servicemembers Civil Relief Act,50 U.S.C:App.§501,et seq.;and that the Defendants,Kathryn
Ingle f/k/a Kathryn Rosario and Richard Rosario,are over eighteen(18)years of age,and reside as follows:
Kathryn Ingle f/k/a Kathryn Rosario
6 Mountain View Drive
Mount Holly Springs;Pennsylvania 17065
Richard Rosario
6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
and
807 Carolina Beach Avenue N Apartment#2
Carolina Beach,NC 28428
McCABE,WEISBERG AND CONWA P.C.
SWORN AND SUBSCRIBED
BY:
BEFORE ME THIS. DAY [ ] Terrence J.McCabe,Esq. ]Marc S.Weisberg,Esq.
[ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq.
OF '1 , ] Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq.
C '4Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq.
&hristine L.Graham,Esq. [ ]Brian T.LaManna,Esq.
[• ] Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq.
VICTORIA V.SIEGAL 141 1a: R00 [ ] Joseph 1.Foley,Esq. [ ]Celine P.DerKrikorian,Esq.
CRy of Philadelphia,�hsla'CO0 Attorneys for Plaintiff
Camin sslart - Offer
Department of Defense Manpower Data Center Results as of:Apr-24-2013 09:11:45
SCRA 3.0
: tams S Report
Pursuant,to Servicemembers Civil Relief Act
Last Name: ROSARIO
First Name: KATHRYN
Middle Name:
Active Duty Status As Of: Apr-24-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA 7j, NA
No
This response rellect;the tndividuarw active duty status based on the Active Dut Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
r , - - t' '1 1 NA
NA NA No
This response reflects where the Individual left active duty status vAthln 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date, Order Notification End Date Status Service Component
NA jNo NA
This response reflects whether ft individual or htsfhe�r unit'has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE'SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Amok
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,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:hftp:/Iwww.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date 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).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(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).
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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: 62P5682AXOE2990
'
Department of Defense Manpower Data Center Results as of:Apr-24-2013 05:40:52
SCRA 3.0
Status Report
Pursuant to Service members Civil Relief Acct
Last Name: INGLE
First Name: KATHRYN
Middle Name:
Active Duty Status As Of: Apr-24-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Leff Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA ';7 NA No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
s
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4,800 Mark Center Drive,Suite-04E25
Arlington,VA 22350
i
/
/
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only a small error rate. In the event the individual referenced above,or any family
'member,friend,or representatiye asserts in any manner that the individual was on active duty for the active duty status date,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/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date 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).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(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).
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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
"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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause-an erroneous certificate to be provided.
Certificate ID: R2KCL7DAK0A1 E90
Results as of:Apr-24-2013 05:41:54
:Department of Defense Manpower Data Center
SCRA 3.0
'`�" Stratus deport
'a Pursuant to Servicememnbers. Civil Relief Act
Last Name: ROSARIO
First Name: RICHARD
Middle Name:
Active Duty Status As Of: Apr-24-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No' NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order NotlOcation End Date Status Service Component
NA NA No NA
This response reflects whether the Individual or his/her unit has received early notification to report for active duty
•rf-,
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty-Status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE�SAIVIE INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite-04E25
Arlington,VA 22350
tii 1•.
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date 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).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or.the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(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(NOAH Commissioned Corps).
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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 wa's.provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause.-an erroneous certificate to be provided.
Certificate ID: B2G1 U74AAOA2M20
McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.MCCABE, ESQUIRE?-ID# 16496 Attorneys for Plaintiff
°
MARC S.WEISBERG,ESQUIRE-ID# 17616
EDWARD D.•CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID# 34419
ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009
HEIDI R. SPIVAK,ESQUIRE-ID#74770
MARISA J.COHEN,ESQUIRE-ID# 87830
KEVIN T.MCQUAIL,ESQUIRE-ID#307169
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480
BRIAN T.LAMANNA,ESQUIRE-ID#310321
ANN E. SWARTZ,ESQUIRE-ID#201926
JOSEPH F. RIGA,ESQUIRE-ID# 57716
,JOSEPH 1. HOLEY,ESQUIRE-ID#314675
CELINE P. DERKRIKORIAN, ESQUIRE-ID#313673
123 South Broad Street:Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Deutsche Bank National Trust Company As Trustee For The COURT OF COMMON PLEAS
Certificateholders Of The Morgan Stanley ABS Capital I CUMBERLAND COUNTY
Inc.,Trust 2005-HE2,.Mortgage Pass-Through Certificates,
Series 2005-HE2 Number 2012-1554-CIVIL
Plaintiff
j
V.
Kathryn Rosario and Richard Rosario
Defendants
AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA:
The undersigned,attorney for the Plaintiff in the within matter,being duly sworn according to law,hereby depose and say
that the last-known mailing addresses of the Defendants are:
Kathryn Ingle f/k/a Kathryn.Rosario
6 Mountain View Drive,
Mount Holly Springs,Pennsylvania 17065
Richard Rosario
6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
and
807 Carolina Beach Avenue N Apartment#2
Carolina Beach,NC 28428',
McCABE,WEISBERG AND CONWAY,P.C.
SWORN AND SUBSCRIBED
BY: � --
BEFORE ME THIS DAY [ ]Terrence J. McCabe,Esq. ] Marc S. Weisberg,Esq.
r Edward D.Conway,Es Margaret Gairo,Esq.
OF • ,2 3 [ ]Andrew L. Markowitz,Esq. ( ] Heidi R. Spivak,Esq.
L [ ]Marisa J.Cohen,Esq. [ ] Kevin 1'.McQuail,Esq.
Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq.
1R.V [ ]Ann E. Swartz, Esq. [ ]Joseph F.Riga,Esq.
NOTARIAL SEAL [ ]Joseph 1.Foley,Esq. [ ] Celine P.DerKrikorian,Esq.
VICTORIA V.SNEGAI,Notary Public
Cltj�of Plill2delp1.;3,pri,B Cnit►�ry Attorneys for Plaintiff
RJI Ccxtlnlss:orl Ex}f llrs Cctob�w'_15. .1?r, I- -
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action,
and that he/she is authorized to make this verification and that the foregoing facts based on the information from the
Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,are true and
correct to the best of his/her knowledge, information and belief and further states that false statements herein are
made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
MCCA.BE,WEISBERG AND CONWAY,P.C.
BY:
[ ] Terrence J. McCabe,Es$' [ ] Marc S. Weisberg,Esq.
[ ] Edward D. Conway, Es [ ] Margaret Gairo,Esq.
[ ] Andrew L. Markowitz,Esq. [ ]Heidi R. Spivak,Esq.
[[
Marisa J. Cohen,Esq. [ ]Kevin T. McQuail,Esq.
hristine L. Graham,Esq. [ ] Brian T.LaManna,Esq.
[ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq.
[ ] Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq.
Attorneys for Plaintiff
o
OFFICE OF THE PROTHONOTARY zS�
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
August 20, 2012
To; Richard Rosario
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
Deutsche Bank National Trust Company As Trustee For The Cumberland County
Certificateholders Of The Morgan Stanley ABS Capital I Inc., Court of Common Pleas
Trust 2005=HE2, Mortgage Pass-Through Certificates, Series
2005-HE2 Number 2012-1554-CIVIL
VS.
Kathryn Rosario
Richard Rosario
NOTICE PURSUANT TO RULE 237.5
NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE NOTIFICACION IMPORTANTE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
CLAIMS SET FORTI•I AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS
DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOURPROPERTY ACCION DEBIDA DENTRO DE DIEZ(10)DIAS DE LA FECHA DE ESTA
OR OTHER IMPORTANT RIGHTS, NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
YOU SHOULD TAKE THIS,PAPER TO YOUR LAWYER AT ONCE. IF YOU COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES UOTROS
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTES.
HIRING A LAWYER. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
IF YOU CANNOT AFFORD TOFIIREA LAWYER,THIS OFFICE MAYBE ABLE INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER TELEFONEA LA OFICINA EXPUSO ABAJO.ESTA OFICINA LO PUEDE
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
Cumberland County Bar Association SI USTEDNO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
32 South Bedford Street ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
Carlisle,Pennsylvania 17013 INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
(800)990-9108 SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGUN HONORARIO.
Cumberland County Bar Association
r 32 South Bedford Street
Carlisle,Pennsylvania 17013
(800)990-9108
BY:
Attorne s for Plaintiff
TERRENCE J. McCABE,ESQUIRE
MARC S. WEISBERG,ESQUIRE
EDWARD D. CONWAY,ESQUIRE
MARGARET GAIRO,ESQUIRE
ANDREW L. MARKOWITZ,ESQUIRE
CHRISTINE L. GRAHAM,ESQUIRE
St
� � 1J
f
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle,Pennsylvania 17013
Prothonotary
To: Kathryn Rosario
6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley COURT OF COMMON PLEAS
ABS Capital I Inc.;Trust 2005-HE2,Mortgage CUMBERLAND COUNTY
Pass-Through Certificates, Series 2005-HE2
Plaintiff
No. 2012-1554-CIVIL
V
Kathryn Rosario and Richard Rosario
Defendants
NOTICE
Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
Prothonotary
X Judgment by Court Order
Money Judgment 4AO
3L
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment,please call McCabe,Weisberg and Conway,
P.C. at(215) 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle,Pennsylvania 17013
Prothonotary
To: Richard Rosario
6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley COURT OF COMMON PLEAS
ABS Capital I Inc., Trust 2005-HE2,Mortgage CUMBERLAND COUNTY
Pass-Through Certificates, Series 2005-HE2
Plaintiff
No. 2012-1554-CIVIL
V.
Kathryn Rosario and Richard Rosario
1
Defendants
NOTICE
Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
Prothonotary
X Judgment by Court Order
Money Judgment
q
Judgment in Replevin 1
Judgment for Possession
If you have any questions concerning this Judgment,please call McCabe, Weisberg and Conway,
P.C. at(215)790-1016.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle,Pennsylvania 17013
Prothonotary
To: Richard Rosario
807 Carolina Beach Avenue N Apartment#2
Carolina Beach,NC 28428
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley COURT OF COMMON PLEAS
ABS Capital I Inc., Trust 2005-HE2, Mortgage CUMBERLAND COUNTY
Pass-Through Certificates, Series 2005-HE2
Plaintiff
No. 2012-1554-CIVIL
V.
Kathryn Rosario and Richard Rosario
Defendants
NOTICE
Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.'
Prothonotary
X Judgment by Court Order
Money Judgment
3w
Judgment in Replevin
y
Judgment for Possession
If you have any questions concerning this Judgment,please call McCabe,Weisberg and Conway,
P.C. at(215)790-1010.
DEUTSCHE BANK NATIONAL : IN THE COURT OF COMMON PLEAS OF
TRUST COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
KATHRYN INGLE f/k/a KATHRYN
ROSARIO AND RICHARD ROSARIO,
DEFENDANTS I : 12-1554 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, P.J., MASLAND, J., and PLACEY, J.
ORDER OF COURT
AND NOW, this G day of March, 2013, Plaintiff's Motion for Summary
Judgment is GRANTED. Plaintiff is awarded in rem judgment against the Defendants
for the foreclosure and sale.of the mortgaged property_.:Plaintiff is further-awarded
judgment against Defendant Richard Rosario in the amount of$121,671.59 together
with interest at a rate of$19.0289 per diem from September 1, 2012 to the entry of
judgment, plus;costs and interests from the date of judgment as provided by law.
By the Court,
Albert H. Masland, J.
Andrew Markowitz, Esquire
For Plaintiff
Jason Arnold, Esquire
For Defendant',: -�.-
Richard Rosario s—
Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 2012-1554-CIVIL Civil Term
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley AMOUNT DUE: $121,671.59
ABS Capital I Inc., Trust 2005-HE2,Mortgage
Pass-Through Certificates, Series 2005-HE2 INTEREST: from 04/24/2013 to DATE OF SALE
v. 03/05/2014=$6,300.00 PLUS$20.00 Per Diem
thereafter 2
Kathryn Rosario and Richard Rosario ATTY'S COMM.: q3:
r.rtCD II.r
COSTS: = "�
cps--
TO THE PROTHONOTARY OF SAID COURT: 1>c) ._
The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or pnt hood '.
confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to Aof 1766 a
and for real property pursuant to Act 6 of 1974 as amended. '� w
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following
described property of the defendant(s)
6 Mountain View Drive,Mount Holly Springs, Pennsylvania 17065
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt, interest and costs,as above, directing
attachment against the above-named garnishee(s)for the following property(if real estate, supply six copies of the description;
supply four copies of lengthy personalty list)
and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s).
(Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s)described in
the attached exhibit.
n
DATE: Signature: ( 271- e „
Print Name: Marc S. Weisberg,Esquire
Firm: MCCABE, WEISBERG AND CONWAY
Address:123 S. Broad Street, Suite 1400
Philadelphia,PA 19109
Attorney for: Plaintiff
110 Telephone: (215)790 1010
Supreme Court ID No.
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• McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff
MARC S.WEISBERG,ESQUIRE-ID# 17616
EDWARD D. CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID# 34419
ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 (-
HEIDI R. SPIVAK,ESQUIRE-ID#74770 w
MARISA J.COHEN,ESQUIRE-ID#87830 =
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7...) -
KEVIN T.McQUAIL,ESQUIRE-ID#307169 max} e'
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 r- �:
C -b
BRIAN T.LaMANNA,ESQUIRE-ID#310321 - :r
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675 c
CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Deutsche Bank National Trust Company As Trustee CUMBERLAND COUNTY
For The Certificateholders Of The Morgan Stanley COURT OF COMMON PLEAS
ABS Capital I Inc.,Trust 2005-HE2,Mortgage
Pass-Through Certificates, Series 2005-HE2
NO: 2012-1554-CIVIL
Plaintiff
v.
Kathryn Rosario and Richard Rosario
Defendants
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning
the real property located at: 6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065,as of the date
the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto.
1. Name and address of Owners or Reputed Owners
Name Address
Kathryn Rosario 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Richard Rosario 6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
Kathryn Rosario 807 Carolina Beach Avenue N Apartment#2
Carolina Beach,North Carolina 28428
Richard Rosario 807 Carolina Beach Ave.N
Apartment#2
Carolina Beach,North Carolina 28428
2. Name and address of Defendants in the judgment:
Name Address
Kathryn Rosario 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Richard Rosario 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Kathryn Rosario 807 Carolina Beach Avenue N
Apartment#2
Caroline Beach,North Carolina 28428
Richard Rosario 807 Carolina Beach Ave.N
Apartment#2
Carolina Beach,North Carolina 28428
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Plaintiff herein
Court of Common Pleas Cumberland 1 Courthouse Square
County Carlisle,Pennsylvania 17013
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
"MERS"Mortgage Electronic P.O.Box 2026
Registration Systems Flint,Michigan 48501-2026
Decision One Mortgage Company, 6060 J.A.Jones Drive
LLC Suite 100
Charlotte,North Carolina 28287
Members First Federal Credit Union 5000 Louise Drive
Mechanicsburg,Pennsylvania 17055
5. Name and address of every other person who has any record lien on the property:
Name Address
NONE
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
NONE
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Commonwealth of Pennsylvania Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg,PA 17105
ATTN: Dan Richard
Commonwealth of Pennsylvania 110 North 8th Street
Inheritance Tax Office Suite#204
Philadelphia,PA 19107
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department#280601
Inheritance Tax Division Harrisburg,PA 17128
Department of Public Welfare Willow Oak Building
TPL Casualty Unit Estate P.O.Box 8486
Recovery Program Harrisburg,PA 17105-8486
PA Department of Revenue Bureau of Compliance
P.O.Box 281230
Harrisburg,PA 17128-1230
PA Department of Revenue PO BOX 280948
Bureau of Compliance Harrisburg PA 17128-0948
Lien Section
Commonwealth of Pennsylvania Clearance Support Department 281230
Department of Revenue Bureau of Harrisburg,PA 17128-1230
Compliance ATTN: Sheriffs Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia,PA 19106
Domestic Relations P.O.Box 320
Cumberland County Carlisle,PA 17013
United States of America c/o United States Attorney for the
Middle District of PA
William J.Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton,PA 18503
and
Harrisburg Federal Building&Courthouse
228 Walnut Street, Ste. 220
Harrisburg,PA 17108-1754
United States of America c/o U.S.Dept of Justice,Room 5111
Atty General of the United States 950 Pennsylvania Avenue NW
Washington,DC 20530-0001
United States of America c/o U.S.Dept of Justice,Room 4400
Atty General of the United States 950 Pennsylvania Avenue NW
Washington, DC 20530-0001
8. Name and address of Attorney of record:
• Name Address
Jason D.Arnold,Esquire P.O. Box 6462
Harrisburg,Pennsylvania 17112
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unswom falsification to authorities.
September 13,2013 TERRENCE J.McCABE, SQU
DATE MARC S.WEISBERG,ESQ -
EDWARD D. CONWAY,ESQUIRE
MARGARET GAIRO,ESQUIRE
ANDREW L.MARKOWITZ,ESQUIRE
HEIDI R. SPIVAK,ESQUIRE
MARISA J.COHEN,ESQUIRE
YIN T.McQUAIL,ESQUIRE
aCHRISTINE L. GRAHAM,ESQUIRE
BRIAN T.LaMANNA,ESQUIRE
ANN E. SWARTZ,ESQUIRE
JOSEPH F.RIGA,ESQUIRE
JOSEPH I. FOLEY,ESQUIRE
CELINE P.DERKRIKORIAN,ESQUIRE
Attorneys for Plaintiff
Legal description of the land:
ALL those two certain tracts of land with the improvements thereon situate in South Middleton Township,
Ci:mberiand County,Pennsylvania,bounded and described as follows:
TRACT NO.1
BEGINNING at a point on the Southern side Mountain View Drive;thence in a Southerly direction and parallel to
Highland Avenue,a distance of 120.00 feet to a point;thence in a Westerly direction along the Northern side of
Lot No.25 on the hereinafter mentioned Plan of Lots,a distance of 50.00 feet to a point;thence In a Northerly
direction along the Eastern side of Lot Nos. 8 and 9 on said Plan, a distance of 120.00 feet to a point on the
Southern side of Mountain View Drive;thence in an Easterly direction along the Southern side of Mountain View
Drive,a distance of 50.00 feet to the place of beginning.
BEING the Western 50 feet of Lot Nos.26 and 27 on the hereinafter mentioned Plan of Lots
TRACT NO.2
BEGINNING at the Southwestern corner of the intersection of Highland Avenue and Mountain View Drive;thence
South along the Western side of Highland Avenue,a distance of 120.00 feet to a point;thence West along the
Northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of 100.00 feet to a point;
thence In a Northerly direction on a line parallel with the Western line of Highland Avenue,a distance of 120.00
feat to a point; thence East along the Southern side of Mountain View Drive, a distance of 100.00 feet to the
place of beginning.
BEING the Eastern 100.00 feet of Lot Nos.26 and 27 on the Plan of Lots known as Mt.View Addition,adjoining
Mt. Holly Springs Borough, as recorded In the Office of the Recorder of Deed for Cumberland County in Plan
Book 3,Page 86.
BEING Parcel No.40-31-2187-006
BEING PREMISES: 6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065.
BEING the same premises which DANIEL N.KINGERY,A MARRIED MAN by deed dated November 3,2004 and recorded
November 12,2004 in the office of the Recorder in and for Cumberland County in Deed Book 266,Page 996,granted and
conveyed to Kathryn Rosario and Richard Rosario in fee.
TAX MAP PARCEL NUMBER:40-31-2187-006
McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff
MARC S.WEISBERG,ESQUIRE-ID# 17616
EDWARD D. CONWAY,ESQUIRE -ID#34687
MARGARET CAIRO,ESQUIRE-ID# 34419
ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009
HEIDI R.SPIVAK,ESQUIRE-ID#74770 =
MARISA J.COHEN,ESQUIRE-ID#87830
KEVIN T. McQUAIL,ESQUIRE- ID#307169 m
CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 z ry -t - {-.
BRIAN T. LaMANNA,ESQUIRE-ID#310321 c n
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F. RIGA,ESQUIRE-ID#57716 < "0
JOSEPH I. FOLEY,ESQUIRE-ID#314675p
CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673 . --s
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
CIVIL ACTION LAW
Deutsche Bank National Trust Company As Trustee COURT OF COMMON PLEAS
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005-HE2,Mortgage CUMBERLAND COUNTY
Pass-Through Certificates, Series 2005-HE2
v. Number 2012-1554-CIVIL
Kathryn Rosario and Richard Rosario
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Kathryn Rosario Richard Rosario
6 Mountain View Drive 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065 Mount Holly Springs,Pennsylvania 17065
Kathryn Rosario Richard Rosario
807 Carolina Beach Avenue N 807 Carolina Beach Ave.N
Apartment#2 Apartment#2
Caroline Beach,North Carolina 28428 Carolina Beach,North Carolina 28428
Your house(real estate)at 6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065 is
scheduled to be sold at Sheriffs Sale on March 5,2014 at 10:00 a.m.in the Commissioner's Hearing Room located
on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to
enforce the court judgment of$121,671.59 obtained by Deutsche Bank National Trust Company As Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital I Inc.,Trust 2005-HE2,Mortgage Pass-Through
Certificates, Series 2005-HE2 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Deutsche Bank National Trust Company As Trustee For
The Certificate holders Of The Morgan Stanley ABS Capital I Inc.,Trust 2005-HE2,Mortgage
Pass-Through Certificates, Series 2005-HE2 the back payments, late charges,costs,and reasonable
attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and
Conway,P.C.,Esquire at(215)790-1010.
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 the following notice 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 McCabe, Weisberg and Conway, P.C., Esquire at(215)790-1010.
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 on the sale. To find
out if this has happened,you may call McCabe, Weisberg and Conway,P.C.at(215)790-1010.
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 a 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 real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions(reasons why the proposed schedule of
distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses,or ways of getting your real estate 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania 17013
(800)990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania 17013
(800)990-9108
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-1554 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MORGAN STANLEY ABS
CAPITAL I INC.,TRUST 2005-HE2,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2005-HE2 Plaintiff(s)
From KATHRYN ROSARIO AND RICHARD ROSARIO
(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: $121,671.59 L.L.: $.50
Interest FROM 4/24/13 TO DATE OF SALE 3/5/2014 -- $6,300.00 PLUS$20.00 PER DIEM
Atty's Comm: Due Prothy: $2.25
Atty Paid: $329.00 Other Costs:
Plaintiff Paid:
Date: 10/1/13
David D. Buell,Prothonota _
(Seal) /j i.- - //_
Deputy
REQUESTING PARTY:
Name: MARC S.WEISBERG, ESQUIRE
Address: MCCABE,WEISBERG AND CONWAY
123 S. BROAD STREET,SUITE 1400
PHILADELPHIA,PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 2012-1554-CIVIL Civil Term
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley AMOUNT DUE: $126,143.38 G _ e
ABS Capital I Inc.,Trust 2005-HE2,Mortgage ' " {
Pass-Through Certificates, Series 2005-HE2 INTEREST: from 04/25/13 Q "
V. $8,420.44 at$20.74 C) Esc
ATTY'S COMM.: p �,� ;
Richard Rosario and Kathryn Rosario )
COSTS:
ZCr
' '
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account
based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to
Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs upon the
following described property of the defendant(s)
6 Mountain View Drive Mount Holly Springs Pennsylvania 17065
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt, interest and costs,as above,
directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies
of the description;supply four copies of lengthy personalty list)
and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s).
(Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE:
BY:
Terrenc J. McCabe,Esq. [. arc S. Weisberg, Esq.
Edward D. Conway, Esq. [ ]Margaret Gairo,Esq.
Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak,Esq.
ae,Sb !.� [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq.
/ [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq.
S(p u) 0,13F [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq.
It t I [ ]Joseph I.Foley,Esq. [ ]Celine P. DerKrikorian,Esq.
Attorneys for Plaintiff
I ap 1 t Firm:MCCABE,WEISBERG AND CONWAY
t Address:123 S.Broad Street, Suite 1400
V J Philadelphia,PA 19109
S G t+ Attorney for:Plaintiff
if if C Telephone: (215)790 1010
1 ( • S £c rLS �)L �• Supreme Court ID No-MVOM /7
aly
56 PCIL T--+V- a�U6 Q 1
LEGAL DESCRIPTION
ALL those two certain tracts of land with the improvements thereon erected situate in South Middleton
Township, Cumberland County, Pennsylvania,bounded and described as follows:
TRACT NO, 1:
BEGINNING at a point on the southern side of Mountain View Drive;thence in a Southerly
direction and parallel to Highland Avenue,a distance of 120.00 feet to a point;thence in a Westerly
direction along the northern side of Lot No.25 on the hereinafter mentioned Plan of Lots,a distance of
50.00 feet to a point;thence in a Northerly direction along the eastern side of Lots Nos. 8 and 9 on said
plan,a distance of 120.00 feet to a point on the southern side of Mountain View Drive;thence in an
Easterly direction along the southern side of Mountain View Drive, a distance of 50.00 feet to the Place of
BEGINNING.
BEING the western 50.00 feet of Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots.
TRACT NO. 2:
BEGINNING at the southwestern corner of the intersection of Highland Avenue and Mountain
View Drive;thence South along the western side of Highland Avenue,a distance of 120.00 feet to a point;
thence West along the northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots,a distance of
100.00 feet to a point;thence in a North on a line parallel with the western line of Highland Avenue,a
distance of 120.00 feet to a point;thence East along the southern side of Mountain View Drive, a distance
of 100.00 feet to the Place of BEGINNING.
BEING the eastern 100.00 feet of Lot Nos.26 and 27 on the Plan of Lots known as Mt. View
Addition, adjoining Mt. Holly Springs Borough, as recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 3, Page 86.
SUBJECT,HOWEVER,to the building and use restrictions as set forth and attached to said Plan
of Lots.
6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065.
BEING the same premises which DANIEL N.KINGERY,MARRIED MAN by deed dated November 3,
2004 and recorded November 12, 2004 in the office of the Recorder in and for Cumberland County in
Deed Book 266,Page 996, granted and conveyed to Richard Rosario and Kathryn Rosario,his wife.
TAX MAP PARCEL NUMBER: 40-31-2187-006
F
McCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff
MARC S.WEISBERG,ESQUIRE-ID#17616
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID# 34419 :.
ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 ~ '
HEIDI R.SPIVAK,ESQUIRE-ID#74770 -v�
MARISA J.COHEN,ESQUIRE-ID#87830 x. M �=
KEVIN T. Mc QUAIL,ESQUIRE-ID#307169
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 b w CD
BRIAN T. LaMANNA,ESQUIRE-ID#310321
ANN E. SWARTZ,ESQUIRE-ID#201926 >C-)
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I. FOLEY,ESQUIRE-ID#314675 T'
CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673 Jr,
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
215 790-1010
Deutsche Bank National Trust Company As Trustee CUMBERLAND COUNTY
For The Certificateholders Of The Morgan Stanley COURT OF COMMON PLEAS
ABS Capital I Inc.,Trust 2005-HE2,Mortgage
Pass-Through Certificates, Series 2005-HE2
Plaintiff NO: 2012-1554-CIVIL
V.
Richard Rosario and Kathryn Rosario
Defendants
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action,sets forth the following information concerning
the real property located at: 6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065,as of the date the
Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto.
1. Name and address of Owners or Reputed Owners
Name Address
Kathryn Ingle f/k/a Kathryn Rosario 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Richard Rosario 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
2. Name and address of Defendants in the judgment:
Name Address
Richard Rosario 6 Mountain Vie Drive
Mount Holly Springs,Pennsylvania 17065
Kathryn Ingle f/k/a Kathryn Rosario 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Plaintiff herein
n
Court of Common Pleas Cumberland 1 Courthouse Square
County Carlisle,Pennsylvania 17013
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff Herein
"MERS"Mortgage Electronic P.O. Box 2026
Registration Systems Flint,Michigan 48501-2026
Decision One Mortgage Company, 6060 J.A. Jones Drive
LLC Suite 100
Charlotte,North Carolina 28287
Members First Federal Credit Union 5000 Louise Drive
Mechanicsburg,Pennsylvania 17055
5. Name and address of every other person who has any record lien on the property:
Name Address
NONE
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
NONE
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065
Commonwealth of Pennsylvania Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg,PA 17105
ATTN: Dan Richard
Commonwealth of Pennsylvania 110 North 8`h Street
Inheritance Tax Office Suite#204
Philadelphia, PA 19107
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department#280601
Inheritance Tax Division Harrisburg,PA 17128
Department of Public Welfare Willow Oak Building
TPL Casualty Unit Estate P.O. Box 8486
Recovery Program Harrisburg,PA 17105-8486
PA Department of Revenue Bureau of Compliance
P.O. Box 281230
Harrisburg,PA 17128-1230
PA Department of Revenue PO BOX 280948
Bureau of Compliance Harrisburg PA 17128-0948
Lien Section
Commonwealth of Pennsylvania Clearance Support Department 281230
Department of Revenue Bureau of Harrisburg,PA 17128-1230
Compliance ATTN: Sheriff's Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia,PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle,PA 17013
United States of America c/o United States Attorney for the
Middle District of PA
William J.Nealon Federal Bldg.
235 North Washington Avenue, Ste.311
Scranton,PA 18503
and
Harrisburg Federal Building&Courthouse
228 Walnut Street, Ste. 220
Harrisburg,PA 17108-1754
United States of America c/o U.S. Dept of Justice,Room 5111
Atty General of the United States 950 Pennsylvania Avenue NW
Washington,DC 20530-0001
United States of America c/o U.S. Dept of Justice,Room 4400
Atty General of the United States 950 Pennsylvania Avenue NW
Washington,DC 20530-0001
8. Name and address of Attorney of record:
Name Address
Jason D.Arnold,Esquire Jason D.Arnold,Esquire
P.O. Box 6462
Harrisburg,Pennsylvania 17112
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities. f' /
BY:
[ ] Terren a J. M a e,Esq. [ arc S.Weisber ,Esq.
DAT4 Edward D.Conway,Esq. [ ] Margaret Gairo,Esq.
[ ] Andrew L.Markowitz,Esq. [ ] Heidi R.Spivak,Esq.
( ] Marisa J.Cohen,Esq. [ ] Kevin T.McQuail,Esq.
[ ] Christine L.Graham,Esq. [ J Brian T.LaManna,Esq.
[ ] Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq.
[ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq.
Attorneys for Plaintiff
LEGAL DESCRIPTION
ALL those two certain tracts of land with the improvements thereon erected situate in South Middleton
Township, Cumberland County, Pennsylvania,bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point on the southern side of Mountain View Drive;thence in a Southerly
direction and parallel to Highland Avenue, a distance of 120.00 feet to a point; thence in a Westerly
direction along the northern side of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of
50.00 feet to a point; thence in a Northerly direction along the eastern side of Lots Nos. 8 and 9 on said
plan, a distance of 120.00 feet to a point on the southern side of Mountain View Drive;thence in an
Easterly direction along the southern side of Mountain View Drive, a distance of 50.00 feet to the Place of
BEGINNING.
BEING the western 50.00 feet of Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots.
TRACT NO. 2:
BEGINNING at the southwestern corner of the intersection of Highland Avenue and Mountain
View Drive; thence South along the western side of Highland Avenue, a distance of 120.00 feet to a point;
thence West along the northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of
100.00 feet to a point; thence in a North on a line parallel with the western line of Highland Avenue, a
distance of 120.00 feet to a point; thence East along the southern side of Mountain View Drive, a distance
of 100.00 feet to the Place of BEGINNING.
BEING the eastern 100.00 feet of Lot Nos. 26 and 27 on the Plan of Lots known as Mt.View
Addition, adjoining Mt. Holly Springs Borough, as recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 3,Page 86.
SUBJECT, HOWEVER,to the building and use restrictions as set forth and attached to said Plan
of Lots.
6 Mountain View Drive, Mount Holly Springs,Pennsylvania 17065.
BEING the same premises which DANIEL N. KINGERY,MARRIED MAN by deed dated November 3,
2004 and recorded November 12, 2004 in the office of the Recorder in and for Cumberland County in
Deed Book 266, Page 996, granted and conveyed to Richard Rosario and Kathryn Rosario,his wife.
TAX MAP PARCEL NUMBER: 40-31-2187-006
MCCABE,WEISBERG AND CONWAY,P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff
MARC S.WEISBERG,ESQUIRE-ID# 17616
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID# 34419
ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009
HEIDI R.SPIVAK,ESQUIRE-ID#74770
MARISA J.COHEN,ESQUIRE-ID#87830
KEVIN T. McQUAIL,ESQUIRE-ID#307169
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 —
BRIAN T. LaMANNA,ESQUIRE-ID#310321 p t -
ANN E. SWARTZ,ESQUIRE-ID#201926 rn o f-n `
rn JOSEPH F.RIGA,ESQUIRE-ID#57716 Z Zr- n `
t`J Ca Pw
Ln
JOSEPH I. FOLEY,ESQUIRE-ID#314675p W
CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673
123 South Broad Street,Suite 1400 �p r'�
Philadelphia,Pennsylvania 19109 G
(215)790-1010
CIVIL ACTION LAW G
Deutsche Bank National Trust Company As Trustee COURT OF COMMON PLEAS
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc.,Trust 2005-HE2,Mortgage CUMBERLAND COUNTY
Pass-Through Certificates, Series 2005-HE2
V. Number 2012-1554-CIVIL
Richard Rosario and Kathryn Rosario
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Richard Rosario Kathryn Ingle f/k/a Kathryn Rosario
6 Mountain Vie Drive 6 Mountain View Drive
Mount Holly Springs,Pennsylvania 17065 Mount Holly Springs,Pennsylvania 17065
Your house(real estate)at 6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065 is
scheduled to be sold at Sheriffs Sale on June 4,2014 at 10:00 a.m. in the Commissioner's Hearing Room located on
the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce
the court judgment of$126,143.38 obtained by Deutsche Bank National Trust Company As Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital I Inc.,Trust 2005-HE2,Mortgage Pass-Through Certificates,
Series 2005-HE2 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Deutsche Bank National Trust Company As Trustee For The
Certificateholders Of The Morgan Stanley ABS Capital I Inc.,Trust 2005-HE2,Mortgage
Pass-Through Certificates, Series 2005-HE2 the back payments,late charges,costs,and reasonable
attorney's fees due. To find out how much you must pay,you may call McCabe, Weisberg and
Conway,P.C.,Esquire at(215)790-1010.
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 the following notice 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 McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010.
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 on the sale. To fmd
out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010.
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 a 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 real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions(reasons why the proposed schedule of
distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule
of distribution.
7. You may also have other rights and defenses,or ways of getting your real estate 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania 17013
(800)990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania 17013
(800)990-9108
LEGAL DESCRIPTION
ALL those two certain tracts of land with the improvements thereon erected situate in South Middleton
Township, Cumberland County, Pennsylvania,bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point on the southern side of Mountain View Drive;thence in a Southerly
direction and parallel to Highland Avenue, a distance of 120.00 feet to a point;thence in a Westerly
direction along the northern side of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of
50.00 feet to a point;thence in a Northerly direction along the eastern side of Lots Nos. 8 and 9 on said
plan, a distance of 120.00 feet to a point on the southern side of Mountain View Drive;thence in an
Easterly direction along the southern side of Mountain View Drive,a distance of 50.00 feet to the Place of
BEGINNING.
BEING the western 50.00 feet of Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots.
TRACT NO. 2:
BEGINNING at the southwestern corner of the intersection of Highland Avenue and Mountain
View Drive;thence South along the western side of Highland Avenue, a distance of 120.00 feet to a point;
thence West along the northern line of Lot No. 25 on the hereinafter mentioned Plan of Lots, a distance of
100.00 feet to a point; thence in a North on a line parallel with the western line of Highland Avenue, a
distance of 120.00 feet to a point; thence East along the southern side of Mountain View Drive, a distance
of 100.00 feet to the Place of BEGINNING.
BEING the eastern 100.00 feet of Lot Nos. 26 and 27 on the Plan of Lots known as Mt.View
Addition, adjoining Mt. Holly Springs Borough, as recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 3,Page 86.
SUBJECT,HOWEVER,to the building and use restrictions as set forth and attached to said Plan
of Lots.
6 Mountain View Drive,Mount Holly Springs,Pennsylvania 17065.
BEING the same premises which DANIEL N. KINGERY,MARRIED MAN by deed dated November 3,
2004 and recorded November 12, 2004 in the office of the Recorder in and for Cumberland County in
Deed Book 266,Page 996, granted and conveyed to Richard Rosario and Kathryn Rosario,his wife.
TAX MAP PARCEL NUMBER: 40-31-2187-006
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-1554 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MORGAN STANLEY ABS
CAPITALJINC.,TRUST 2005-HE2,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2005-HE2 Plaintiff(s)
From RICHARD ROSARIO AND KATHRYN ROSARIO
(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 garnishees)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: $126,143.38 L.L.:
Interest FROM 4/25/13-$8,420.44 AT$20.74
Atty's Comm: Due Prothy: $2.25
Atty Paid: $357.50 Other Costs:
Plaintiff Paid:
Date: 12/23/2013
David D. Buell,Pro thono ry
(Seal)
Deputy
REQUESTING PARTY:
Name: MARC S.WEISBERG,ESQUIRE
Address: MCCABE,WEISBERG AND CONWAY
123 S. BROAD STREET,SUITE 1400
PHILADELPHIA,PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 17616
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE -1D # 74770
MARISA J. COHEN, ESQUIRE - ID # 87830
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
ANN E. SWARTZ, ESQUIRE - ID # 201926
JOSEPH F. RIGA, ESQUIRE - ID # 57716
JOSEPH I. FOLEY, ESQUIRE - ID # 314675
CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673
JENNIFER L. WUNDER, ESQUIRE - ID # 315954
LENA KRAVETS, ESQUIRE - ID # 316421
CAROL A. DiPRINZIO, ESQUIRE - ID # 316094
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
215 790 -1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005 -HE2, Mortgage
Pass - Through Certificates, Series 2005 -14E2
Plaintiff
v.
Richard Rosario and Kathryn Rosario
Defendant
Mil APR I G AN 10: 514
CUtIBERLANGCOUNTY
PENNSYLVANIA
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 2012 -1554 -CIVIL
AFFIDAVIT OF SERVICE
The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 10th day of April,
2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto.
A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part
hereof.
SWORN AND SUBSC
BEFORE ME THIS
OF
McCABE, WEISBERG
BY:
[ ] Terrence J. ` cCabe, Esquire
[ ] Edward D. , onway, Esquire
] Andrew L. Markowitz, Esquire
1 Marisa J. Cohen, Esquire
[ ] Brian T. LaManna, Esquire
[ ] Joseph F. Riga, Esquire
[ ] Celine P. DerKrikorian, Esquire
[ ] Lena Kravets, Esquire
Attorneys for Plaintiff
CONWAY, P.C.
NOTARY PUB
4Ot> ONWer haO
NOTARIAL
BARBARA J. MOYER, Notary Public
City of Philadelphia, htaaCounty
Commission 12, 20
[ ] Marc S. Weisberg, Esquire
[— ]'Margaret Gairo, Esquire
[ ] Heidi R. Spivak, Esquire
[ ] Christine L. Graham, Esquire
[ ] Ann E. Swartz, Esquire
[ ] Joseph I. Foley, Esquire
[ ] Jennifer L. Wunder, Esquire
[ ] Carol A. DiPrinzio, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
MARISA J. COHEN, ESQUIRE - ID # 87830
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
ANN E. SWARTZ, ESQUIRE - ID # 201926
JOSEPH F. RIGA, ESQUIRE - ID # 57716
JOSEPH I. FOLEY, ESQUIRE - ID # 314675
CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673
JENNIFER L. WUNDER, ESQUIRE - ID # 315954
LENA KRAVETS, ESQUIRE - ID # 316421
CAROL A. DiPRINZIO, ESQUIRE - ID # 316094
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
215 790 -1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005 -HE2, Mortgage
Pass - Through Certificates, Series 2005 -HE2
Plaintiff
v.
Richard Rosario and Kathryn Rosario
Defendants
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 2012 -1554 -CIVIL
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
The undersigned attorney for Plaintiff in the above action sets forth the following information concerning
the real property located at 6 Mountain View Drive, Mount Holly Springs, Pennsylvania 17065, as of the date the
Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto.
1.
Name and address of Owners or Reputed Owners
Name
Kathryn Ingle f/k/a Kathryn Rosario
Richard Rosario
Address
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
2. Name and address of Defendants in the judgment:
Name
Address
File #59255
Page 1
Richard Rosario 6 Mountain Vie Drive
Mount Holly Springs, Pennsylvania 17065
Kathryn Rosario 6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Plaintiff herein
Address
Court of Common Pleas Cumberland 1 Courthouse Square
County Carlisle, Pennsylvania 17013
4. Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff Herein
"MERS" Mortgage Electronic
Registration Systems
Decision One Mortgage Company,
LLC
Address
P.O. Box 2026
Flint, Michigan 48501-2026
6060 J.A. Jones Drive
Suite 100
Charlotte, North Carolina 28287
Members First Federal Credit Union 5000 Louise Drive
Mechanicsburg, Pennsylvania 17055
5. Name and address of every other person who has any record lien on the property:
Name Address
NONE
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
NONE
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
File #59255
Page 2
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
PA Department of Revenue
Bureau of Compliance
Lien Section
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
Tax Claim Bureau
Commonwealth of PA
Department of Revenue
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8' Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
PO BOX 280948
Harrisburg PA 17128-0948
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
1 Courthouse Square
Carlise, PA 17013
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
Attn: Sheriffs Sales
File #59255
Page 3
United States of America
United States of America c/o
Any General of the United States
United States of America c/o
Atty General of the United States
8. Name and address of Attorney of record:
Name
Jason D. Arnold, Esquire
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108 -1754
U.S. Dept. of Justice, Rm 4400
950 Pennsylvania Avenue, NW
Washington, DC 20530
U.S. Dept. of Justice, Rm 5111
950 Pennsylvania Avenue, NW
Washington, DC 20530
Address
Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, Pennsylvania 17112
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
April 10, 2014
DATE
McCABE, WEISBERG & CONWAY, P.C.
BY: (ds✓
[ ] Te ence J, cCabe, Esquire [ ] Marc S. Weisberg, Esquire
[ ] Edward 1. Conway, Esquire krvIargaret Gairo, Esquire
[ ] Andrew L. Markowitz, Esquire
[ ] Marisa J. Cohen, Esquire
[ ] Brian T. LaManna, Esquire
[ ] Joseph F. Riga, Esquire
[ ] Celine P. DerKrikorian, Esquire
[ ] Lena Kravets, Esquire
Attorneys for Plaintiff
[ ] Heidi R. Spivak, Esquire
[ ] Christine L. Graham, Esquire
[ ] Ann E. Swartz, Esquire
[ ] Joseph I. Foley, Esquire
[ ] Jennifer L. Wunder, Esquire
[ ] Carol A. DiPrinzio, Esquire
Re: Deutsche Bank National Trust Company As Trustee For The Certificateholders Of The Morgan Stanley ABS
Capital I Inc., Trust 2005 -HE2, Mortgage Pass - Through Certificates, Series 2005 -HE2 v. Richard Rosario. et al.
Cumberland County; Number: 2012- 1554 -CIVIL
File 459255
Page 4
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
MARISA J. COHEN, ESQUIRE - ID # 87830
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
ANN E. SWARTZ, ESQUIRE - ID # 201926
JOSEPH F. RIGA, ESQUIRE - ID # 57716
JOSEPH I. FOLEY, ESQUIRE - ID # 314675
CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673
JENNIFER L. WUNDER, ESQUIRE - ID # 315954
LENA KRAVETS, ESQUIRE - ID # 316421
CAROL A. DiPRINZIO, ESQUIRE - ID # 316094
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005 -HE2, Mortgage
Pass - Through Certificates, Series 2005 -HE2
Plaintiff
v.
Richard Rosario and Kathryn Rosario
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 2012 - 1554 -CIVIL
DATE: April 10, 2014
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Richard Rosario and Kathryn Rosario
PROPERTY: 6 Mountain View Drive, Mount Holly Springs, Pennsylvania 17065
IMPROVEMENTS: Residential Dwelling
JUDGMENT AMOUNT: $126,143.38
The above - captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the
Sheriffs Sale on June 4, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you
may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by
the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to
CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE.
Check type of mail or service:
Name and Address of Sender
McCabe, Weisberg and Conway, P.C.
123 S. Broad St., Suite 2080
Philadelphia, PA 19109
ATTN:D. DellaPenna -59255
0 Ce tified 0 Recorded Delivery (International)
0 COD 0 Registered
❑ Delivery Confirmation 0 Return Receipt
ry ptforMerrhandise
0 Express Mail 0 signature Confirmation
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10 2014
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Article Number'
Postage .�+�.{l:'
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1
Deutsche Bank National Trust
Company As Trustee For The
Certificateholders Of The Morgan
Stanley ABS Capital I Inc., Trust
2005 -HE2, Mortgage Pass - Through
Certificates, Series 2005 -HE2
Plaintiff
v.
Richard Rosario and Kathryn Rosario
Defendants")
Court of Common Pleas
Cumberland County
1 Courthouse Square
Carlisle, Pennsylvania 17013
' ''
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Y
2
"MERS" Mortgage Electronic Registration Systems
P.O. Box 2026
Flint, Michigan 48501 -2026
Decision One Mortgage Company, LLC
6060 J.A. Jones Drive
Suite 100
Charlotte, North Carolina 28287
4
Members First Federal Credit Union
5000 Louise Drive
Mechanicsburg, Pennsylvania 17055
5
Tenants /Occupants
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
6
Commonwealth of Pennsylvania
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
7
Commonwealth of Pennsylvania
Inheritance Tax Office
110 North 8'6 Street
Suite #204
Philadelphia, PA 19107
S
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
9
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105 -8486
10
PA Department of Revenue
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128 -1230
11
PA Department of Revenue
Bureau of Compliance
Lien Section
PO BOX 280948
Harrisburg PA 17128 -0948
12
Commonwealth of Pennsylvania Department of
Revenue Bureau of Compliance
Clearance Support Department 281230
Harrisburg, PA 17128 -1230
ATTN: Sheriffs Sales
13
United States of America
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
14
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17013
15
Tax Claim Bureau
1 Courthouse Square
Carlise, PA 17013
16
Commonwealth of PA
Department of Revenue
Bureau of Compliance
Department 280946
Harrisburg, PA 17128 -0946
Attn: Sheriff's Sales
17
United States of America
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
18
United States of America
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108 -1754
19
United States of America c/o
Atty General of the United States
U.S. Dept. of Justice, Rm 4400
950 Pennsylvania Avenue, NW
Washington, DC 20530
20
United States of America c/o
Atty General of the United States
U.S. Dept. of Justice, Rm 5111
950 Pennsylvania Avenue, NW
Washington, DC 20530
21
Jason D. Arnold, Esquire
P.O. Box 6462
Harrisburg, Pennsylvania 17112
Total
Listed
Number of Pieces
by Sender
21
Total Number of Pieces
Received at Post Office
4
,McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
MARISA J. COHEN, ESQUIRE - ID # 87830
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
ANN E. SWARTZ, ESQUIRE - ID # 201926
JOSEPH F. RIGA, ESQUIRE - ID # 57716
JOSEPH I. FOLEY, ESQUIRE - ID # 314675
CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673
JENNIFER L. WUNDER, ESQUIRE - ID # 315954
LENA KRAVETS, ESQUIRE - ID # 316421
CAROL A. DiPRINZIO, ESQUIRE - ID # 316094
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
Deutsche Bank National Trust Company As
Trustee For The Certificateholders Of The
Morgan Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass -Through
Certificates, Series 2005-HE2
Plaintiff
v.
Richard Rosario and Kathryn Rosario
Defendants
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 2012 -1554 -CIVIL
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
:SS.
COUNTY OF PHILADELPHIA
The undersigned attorney, being duly sworn according to law, deposes and says that the
following is true and correct to the best of his/her knowledge and belief:
1. That he/she is counsel for the above-named Plaintiff;
2. That on January 31, 2014, in accordance with the attached Court Order, Plaintiff
served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant,
Richard Rosario, by regular mail, certificate of mailing and certified mail, return receipt requested,
addressed to his last -known address of 6 Mountain View Drive, Mount Holly Springs, Pennsylvania
1 '17065. A true and correct copy of the letter and certified receipt, is attached hereto, made a part
hereof, and marked as Exhibit "A".
3. That on March 25, 2014,, in accordance with the attached Court Order, Plaintiff
served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant,
Richard Rosario, by posting the same at the mortgaged premises of 6 Mountain View Drive, Mount
Holly Springs, Pennsylvania 17065. A true and correct copy of the Sheriff's Returns of Service
indicating same is attached hereto, made a part hereof, and marked as Exhibit "B".
McCABE, WEISBERG AND CONWAY, P.C.
BY:
SWORN AND SUBSCRIBED
BEFORE ME THIS 2 DAY
OF
[ ] TerrenceK.‘fbe, Esq.
[ ] Edward D. Conway, Esq.
[ ] Andrew L. Markowitz, Esq
[ ] Marisa J. Cohen, Esq.
[ ] Brian T. LaMarma, Esq.
[ ] Joseph F. Riga, Esq.
[ ] Celine P. DerKrikorian, Es
[ ] Lena Kravets, Esquire
Attorneys for Plaintiff
—7
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MAIA KUSHICK, Notary Public
City
M oPhiladelphia,mmissionx a i s Ma 10,2017
•
q.
[ JJ 4arc S. Weisberg, Esq.
[ ] Margaret Gairo, Esq.
[ ] Heidi R. Spivak, Esq.
[ ] Christine L. Graham, Esq.
[ ] Ann E. Swartz, Esq.
[ ] Joseph I. Foley, Esq.
[ ] Jennifer L. Wunder, Esquire
[ ] Carol A. DiPrinzio, Esquire
McCABE, WEISBERG AND CONWAY, P.
BY: TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE -
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
C.
-ID#16496
- ID # 17616
- ID # 34687
lD # 34419
U/(pe
Deutsche Bank National Trust Company As Trustee
For The Certificateholders Of The Morgan Stanley
ABS Capital I Inc., Trust 2005-HE2, Mortgage
Pass -Through Certificates, Series 2005-HE2
Plaintiff
v.
Kathryn Rosario and Richard Rosario
Defendants
AND NOW, this 4 day of Ma
mortgage foreclosure action upon the Defendant, Richard Rosario, by regular mail and by certified mail, return
receipt requested, to his/her last known address of 6 Mountain View Drive, Mount Holly Springs, Pennsylvania
17065, and by posting the mortgaged premises of 6 Mountain View Drive, Mount Holly Springs, Pennsylvania
17065.
OF THE PROTHONOTARY
2012 iiM y 21 10: 14
CUMBERLAND COUNTY
PENNS?'LVANIA
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 2012-1554 CIVIL
ORDER
, 2012, the Plaintiff is granted leave to serve all process in this
BY THE COURT:
EXHIBIfl___
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CERTIFIED MAIL., RECEIPT
(Domestic Mall Only; No insurance Coverage Provided)
For delivery, information visit our website at www.ut. a«ootnh
Postage $ g
Certified Fee
Return Receipt Fee �f
(Endorsement Required) 2 7a
Reslrlcled Delivery Foe
(Endorsement Required)
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CERTIFIED MAIL, RECEIPT
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Name and Address of Sender
McCabe, Weisberg and Conway, PC.
123 S. Broad St., Suite 2080
Philadelphia, PA 19109
ATTN: Nicole Slavin- 59255
Check type of mail or service:
0 Certified 0 Recorded Debvery (Thiemeticreil)
0 COD 0 Registered
0 Debeery Cenfiririttien 0 Return Receipt for Machariefise
0 Express Mail 0 Signetrre Confirmation
0 Insured
Article Number
Deutsche Bank National Trust
Company As Trustee For The
Certificateholders Of The Morgan
Stanley ABS Capital I Inc., Trust
2005-HE2, Mortgage Pass -Through
Certificates, Series 200541E2
v.
Richard Rosario and Kathryn Rosario
7013 1090 0000 6325 6539
Richard Rosario
6 Mountain View Drive
Mount Holly Springs, Pennsylvania 17065
3
U S POSTAGE >> PITNEY BOWES
.; • 3337Mmilei.331~
*W4t7 .13.43111111133I
AOC
ZrP $ 002.40
39013774 -'4N 31 2014
• _ , -
0
7013 1090 0000 6325 6515
Total Number of Pieces
Listed by Sender
1
Total Number 4fPiece
Received at Pot 01Bee
Kathryn Ingle f/k/a Kathryn Rosario.
main View Drive
tit Holly Springs, Pennsylvania 17065
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND ��������
����"°"����"~~�"�"��� COUNTY
"
Deutsche Bank National Trust Company
vs
Kathryn Ann Rosario (et al.)
Case Number
2012-1554
SHERIFF'S RETURN OF SERVICE
03/25%2014 07:10 PM - Deputy Dawn Kellduly sworn according to law, states service was performed by
posting etrue copy of the requested Real Estate Wr, Notice and Description, and Sale Handblll in the
above titled action, upon the property located at 6 Mountain View Drive, South Middleton - Township,
Mount HoUy Springs, PA 17065, Cumberland County.
03/25/2014 07:10 PM - DDawn Kell, being duly sworn according tolaw, served the requested R al Estate Writ,
Notice and Description, in the above titled action, upon the within named Defendant, to wit: Richard
Rosario, pursuant to Order of Court by "Posting" the premises located at 6 Mountain View Drive, South
Middleton Township, Mount Holly Springs, PA 17065, Cumberland County with a true and correct copy
according to Iaw.
04/D9/2014 09:25 AM Deputy Brian Grzyboski, being duly sworn according tolmw. 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 Dofendant, to wit:
Kathryn Ann Rosario 6 Mountain View Drive, South Middleton Township, Mount Holly Springs, PA
17065, Cumberland County.
SHERIFF COST: $1.018.74 SO ANSWERS,
(a,
April i8.2O14 RONNYRANDERSON, SHERIFF
(c) CountySuile Sheriff, Teleosoff, Inc.
• SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff , ,
atta, ar r4#, 1 _
Jody S Smith
Chief Deputy � .. `t � . . 17 i,,
Richard W Stewart ; { i�th;�-; G,;
Solicitor .• F ':IN S`/
Deutsche Bank National Trust Company Case Number
vs.
2012-1554
Kathryn Ann Rosario (et al.)
SHERIFF'S RETURN OF SERVICE
03/25/2014 07:10 PM -Deputy Dawn Kell, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 6 Mountain View Drive, South Middleton-Township,
Mount Holly Springs, PA 17065, Cumberland County.
03/25/2014 07:10 PM -Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, upon the within named Defendant, to wit: Richard
Rosario, pursuant to Order of Court by"Posting"the premises located at 6 Mountain View Drive, South
Middleton Township, Mount Holly Springs, PA 17065, Cumberland County with a true and correct copy
according to law.
04/09/2014 09:25 AM- Deputy Brian Grzyboski, 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:
Kathryn Ann Rosario at 6 Mountain View Drive, South Middleton Township, Mount Holly Springs, PA
17065, Cumberland County.
06/04/2014 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014.
He sold the same for the sum of$1.00 to Attorney Terrance McCabe, on behalf of, Deutsche Bank
National Company, As Trustee for the Certificateholders of the Morgan Stanley ABS Capital I Inc, Trust
2005-HE2, Mortgage Pass-Through Certificates, Series 2005-HE2, being the buyer in this execution, paid
to the Sheriff the sum of
SHERIFF COST: $1,311.25 SO ANSWERS,
June 24, 2014 RONNW ANDERSON, SHERIFF
ft
01- kJ0g7c3
:i i;3jrtrSusie:ierit` 7eaeeset?.!r,c.
On March 3, 2014 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA,
Known and numbered as 6 Mountain View Drive, Mount
Holly Springs, as Exhibit "A" filed with
this Writ and by this Reference incorporated herein.
(3-
`` Date: March 3, 2014
CV
r
I.- N
C-1
t., 1
By:
i`.1
cLA
Real Estate Coordinator
LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14
Writ No. 2012-1554 Civil Term View Drive,a distance of 100.00 feet
to the Place of BEGINNING.
Deutsche Bank National BEING the eastern 100.00 feet of
Trust Company Lot Nos.26 and 27 on the Plan of Lots
known as Mt.View Addition,adjoin-
vs. ing Mt. Holly Springs Borough, as
Kathryn Ann Rosario recorded in the Office of the Recorder
Richard Rosario of Deeds for Cumberland County in
Atty.: Terrence McCabe Plan Book 3, Page 86.
ALL those two certain tracts of SUBJECT, HOWEVER, to the
building and use restrictions as set
land with the improvements thereon
forth and attached to said Plan of
erected situate in South Middleton
Lots 6 Mountain View Drive, Mount
Township, Cumberland County,
Pennsylvania, bounded and de- Holly BEING thegs,same premisesewhich
which
scribed as follows: DANIEL N. KINGERY, MARRJED
TRACT NO. 1: MAN by deed dated November 3,
BEGINNING at a point on the 2004 and recorded November 12,
southern side of Mountain View 2004 in the office of the Recorder in
Drive;thence in a Southerly direction and for Cumberland County in
and parallel to Highland Avenue, a Deed Book 266,Page 996,granted
distance of 120.00 feet to a point; and conveyed to Richard Rosario and
thence in a Westerly direction along Kathryn Rosario,his wife.
the northern side of Lot No.25 on the TAX MAP PARCEL NUMBER: 40-
hereinafter mentioned Plan of Lots, 31-2187-006.
a distance of 50.00 feet to a point;
thence in a Northerly direction along
the eastern side of Lots Nos. 8 and
9 on said plan, a distance of 120.00
feet to a point on the southern side
of Mountain View Drive;thence in an
Easterly direction along the south-
ern side of Mountain View Drive, a
distance of 50.00 feet to the Place of
BEGINNING.
BEING the western 50.00 feet of
Lot Nos.26 and 27 on the hereinafter
mentioned plan oflots.
TRACT NO. 2:
BEGINNING at the southwestern
comer of the intersection of Highland
Avenue and Mountain View Drive;
thence South along the western side
of Highland Avenue, a distance of
120.00 feet to a point; thence West
along the northern line of Lot No.
25 on the hereinafter mentioned
Plan of Lots, a distance of 100.00
feet to a point;thence in a North on
a line parallel with the western line
of Highland Avenue, a distance of
120.00 feet to a point; thence East
along the southern side of Mountain
98
4
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 18, April 25 and May 2, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Lisa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
da of Ma 2014
//
Notary
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO.,CUMBERLAND CNTY
My Commission Expires Apr 28,2018
The Patriot-News Co.
2020,Technology Pkwy he patriot*Ntws
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s)shown below:
04/13/14
comer of the intersection or tugmann 04/20/14
Avenue and,Mount_M ye-nrivo• 04/27/14
2012-1554 CMI Term • / -
Deutsche Bank National
'Frust COmPanY
.a.
ICathryn Ann Spr to.nd subscribed before me this 02 day of May, 2014 A.D.
Richard ROsada. Terrance Mccabe 411 , 0 l1 � . J '
ALL, ose two certain tracts of land t - N.
thereon , N•. -ry Public
with the improvements
erected situate in South Middleton ,
Township, Cumberland County,
ss
Pennsy 'aii a,Mi and described
as follows: I
TRACT NO.1:
BEGINNING at a point-on the t r
southern side of Mountain View n1 .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriffs Deed in which Deutsche Bank National Co as Trustee for the Certificateholders of the Morgan
Stanley ABS Capital I Inc Trust 2005-HE2 is the grantee the same having been sold to said grantee on
the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 23rd day of
December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 1554, at the suit of Deutsche Bank National Co as Trustee for the Certificateholders of the
Morgan Stanley ABS Capital I Inc Trust 2005-HE2 against Richard Rosario &kathryn Rosario is duly
recorded as Instrument Number 201415526.
IN TESTIMONY WHEREOF, I have hereunto set my hand
j G�
and seal of said office this /7 day of
A.D.
( 7,0 71144ecorder of Deeds
R r o ,Cumberland County,Carlisle,PA
My Commis on Expires the First Monday of Jan.2018