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Home My WebLink About12-3476A i, .,F.: CUM 31E R L A L" (J Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 04/11- -hro-1-2-1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Phelan Hallinan & Schmieg, LLP Mario J. Hanyon, Esq., Id. No. 203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 221545 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005- HE7 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 V. Plaintiff JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 File #: 221545 /C)3 . 7sp? At? C/-* /19sG39 R#a dos i NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 221545 I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/31/2005 JENNIFER M. COLE A/K/A JENNIFER MARIE COLE and NATHAN R. COLE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1921, Page 3444. By Assignment of Mortgage recorded 12/04/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200940449. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 221545 6. The fallowing amounts are due on the mortgage as of 03/15/2012: Principal Balance Interest From 12/01/2008 through 03/15/2012 Late Charges Property Inspections Property Preservation Appraisal/Brokers Price Opinion Escrow Deficit Subtotal Suspense Credit TOTAL 7. $78,381.56 $20,380.86 at an adjustable rate $0.00 $42.00 $1,826.00 $250.00 $8,532.69 $109,413.11 $17.47 $109,395.64 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the dale(s) set forth thereon. File #: 221545 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $109,395.64, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP f By: ario J. Hanyon, Esq., Id. No. 20 93 Attorney for Plaintiff File ##: 221545 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of New Kingstown, Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post adjoining lot now or formerly of Clare Gensler on the north; thence by said lot, now or formerly of Clare Gensler, West, 160 feet to an Alley; thence along said Alley, South, 40 feet to another Alley; thence along the last mentioned Alley, East, 160 feet to the public road leading to the Railroad; thence along said road, North 40 feet to lot of Clare Gensler, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 293 Locust Point Road, New Kingstown, Pennsylvania. PROPERTY ADDRESS: 293 LOCUST POINT ROAD, NEW KINGSTON, PA 17072 PARCEL # 338-19-1621-074. File #: 221545 VERIFICATION V2vl hereby states that he/she is of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworti falsification to authorities. DATE: ' l 9 , 101? I UK% JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File #: 22 j 545 Name: COLE ,IPMo w chase Bank, N.A. As-Attomey-trrFact-For P?atni ?? File #: 221545 lAnnnginnns 06/05/2012 12:10 FAT 215 563 3352 FFC DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 VS. COLE, JENNIFER M COLE, NATHAN R. IN THE COURT OF COMMON l ? rv OF CUMBERLAND COUNTS PENNSTLVANIA l2 - civil _7(f /_ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 4 _-2 l ?-- Date Mario J. Hanyon, Esq., Id. No 03993 06/05/2012 12:10 FAX 215 563 3352 PFC Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # ',P 0003/0006 BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your . Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? State: Zip: Home: Office: Cell: Other: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Type of Date you Closed Your Loan:_ Type How long? '4! n004/0006 06/05/2012 12:10 FAT 215 563 3352 PMC Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Morta e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: XP0005/0006 06/05/2012 12:10 FAY 215 563 3352 PFC Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 06/05/2012 12:10 FAX 215 563 3352 FFC '.4.' 0006/0006 I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe ani/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - p., - Sheriff Jody S Smith Chief Deputy - co r Richard W Stewart Solicitor Deutsche Bank National Trust Company Case Number vs. Jennifer M. Cole (et al.) 2012-3476 SHERIFF'S RETURN OF SERVICE 06/08/2012 07:04 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2012 at 1904 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer M. Cole, by making known unto herself personally, at 145 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. M AEL BARRICK, DEPUTY 06/08/2012 07:04 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2012 at 1904 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nathan R. Cole, by making known unto himself personally, at 145 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. /.. MICHAEL BARRICK, DEPUTY 06/11/2012 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: Jennifer M. Cole, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jennifer M. Cole. Request for service at 293 N. Locust Point Road, New Kingstown, Pennsylvania 17072 is vacant. Jennifer M. Cole currently resides at 145 15th Street, New Cumberland, Pennsylvania 17070. SHERIFF COST: $94.00 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF f. ,. Cokint;yjtllte' her",ft, T&eosot. in?; 41'3 ED 20 ,M 11: 3 3 r JMr'E:°_ AND COUNTY r' D F SY VA1411A PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLY ABS CAPITAL I INCE. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CETIFICATES, SERIES 2005- HE7 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff Vs JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 Attorney for Plaintiff Court of Common Pleas Civil Division Term No. 2012-3476-Civil Cumberland County Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2005-HE7, Mortgage Pass-Through Certificates, Series 2005-HE7 (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On June 1, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due January 1, 2009, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On June 8, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 221545 Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program, Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Since Defendants have opted not to participate in the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of Court Order, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 2 g ['S BY: 221545 Respectfully submitted, PHELAN HALLINAN, LLP Exhibit A 221545 A tNSYL':' Phelan Hallinan & Schmieg, LLP Mario J. Hanyon, Esq., Id. No. 203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 221545 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005- HE7 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 V. Plaintiff JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ,,{{ NO. >a -5 7 rl, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 9 221545 /03 . 7S pd ? /192639 lr#a76osl NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 221545 I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/31/2005 JENNIFER M. COLE A/K/A JENNIFER MARIE COLE and NATHAN R. COLE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1921, Page 3444. By Assignment of Mortgage recorded 12/04/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200940449. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. The promises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 221545 6. The following amounts are due on the mortgage as of 03/15/2012: Principal Balance $78,381.56 Interest $20,380.86 From12/01/2008 through 03/15/2012 at an adjustable rate Late Charges $0.00 Property Inspections $42.00 Property Preservation $1,826.00 Appraisal/Brokers Price Opinion $250.00 Escrow Deficit $8,532.69 Subtotal $109,413.11 Suspense Credit TOTAL 17.47 $109,395.64 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) hasihave received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 221545 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $109,395.64, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: v ??1 ario J. Hanyon, Esq., Id. No. 20 93 Attorney for Plaintiff File N: 221545 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of New Kingstown, Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post adjoining lot now or formerly of Clare Gensler on the north; thence by said lot, now or formerly of Clare Gensler, West, 160 feet to an Alley; thence along said Alley, South, 40 feet to another Alley; thence along the last mentioned Alley, East, 160 feet to the public road leading to the Railroad; thence along said road, North 40 feet to lot of Clare Gensler, the Place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 293 Locust Point Road, New Kingstown, Pennsylvania. PROPERTY ADDRESS: 293 LOCUST POINT ROAD, NEW KINGSTON, PA 17072 PARCEL # 38-19-1621-074. File #: 221545 VERIFICATION Ji?? veY1 hereby states that he/she is of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworh falsification to authorities. DATE: ?Aa, q , lot 2 File #: 221545 Name: COLE Title: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION JPMwW QM B8* NA As-Attomey4n-Fact-For File #: 221545 ',P9002/0006 FFC 06/05%2012 12:10 FAX 215 563 3352 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 VS. rv _ IN THE COURT OF COMMON 1 OF CUMBERLAND COUNT% 7z PENNSTLVANIA COLE, JENNIFER M. /L174ivil-rerm COLE, NATHAN R. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you. own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Mario J. Hanyon, Esq., Id. No 03993 T0003/0006 FFC 06/05%2012 12:10 FAX 215 563 3352 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your . Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: State: Zip: Yes ? No[] Listing date: Price: $ Realtor Phone: Yes ? No ? State Zip: Home: Office: Cell: Other: How long? Home: Office: Cell: Other: State: Zip: How long? Date you Closed Your Loan: Type of Type Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: ',P0004/0006 PFC 06/05%2012 12:10 FA\ 215 563 3352 Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ $ Other Real Estate: $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 7 a. 2. ?- Additional Income Description (not wages): I , monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Morta Food 2 Mortgage 9 Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered Auto fuel/re airs Other ro . a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. Spending Mono Da /Child Care/Tuit. Other Ez anew Amount Available for Monthly Mortgage Payments Based on Income & Expenses: 1,410 005/0006 06/0572012 12:10 FAX 215 563 3352 P. Have you been working with a Housing Counseling Agency? Yes[] No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes[] No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: .0006/0006 06/057/2012 12:10 FAX 215 563 3352 FFC UWe, , authorize the above named _ to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. Me understand that Uwe arn/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B 221545 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - - - - tJ ' Sheriff '4 - ; Jody S Smith Chi f D t 44 epu e y `Iy Richard W Stewart Solicitor OFFICE ()F 'HE S4ERIFF Deutsche Bank National Trust Company vs. Case Number Jennifer M. Cole (et al.) 2012-3476 SHERIFF'S RETURN OF SERVICE 06/08/2012 07:04 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2012 at 1904 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer M. Cole, by making known unto herself personally, at 145 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. M EL BARRICK, DEPUTY 06108/2012 07:04 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2012 at 1904 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nathan R. Cole, by making known unto himself personally, at 145 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRICK, DEPUTY 06/11/2012 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: Jennifer M. Cole, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jennifer M. Cole. Request for service at 293 N. Locust Point Road, New Kingstown, Pennsylvania 17072 is vacant. Jennifer M. Cole currently resides at 145 15th Street, New Cumberland, Pennsylvania 17070. SHERIFF COST: $94.00 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF is CountySute Shenff. TeeosoII In..; PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLY ABS CAPITAL I INCE. TRUST 2005-HE7, MORTGAGE PASS-THROUGH CETIFICATES, SERIES 2005- HE7 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff Vs JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Term No. 2012-3476-Civil Cumberland County CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JENNIFER M. COLE NATHAN R. COLE 145 15TH STREET NEW CUMBERLAND, PA 17070-1105 ?? 1 k'? By: - Date: ? 1? Wse Schalk, Esquire tto ey for Plaintiff 221545 PHELAN HALLINAN, LLP Attorney for Plaintiff Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS INC. TRUST 2005-HE7,MORTGAGE C PASS-THROUGH CERTIFICATES, CIVIL DIVISION moo SERIES 2005-HE7 MM -0 M'r No. 12-3476 Vs. r.-=: JENNIFER M. COLE _ A/K/A JENNIFER MARIE COLE -� ' M NATHAN R. COLE rrl -z PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JENNIFER M. COLE A/K/A JENNIFER MARIE COLE and NATHAN R. COLE, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $109,395.64 TOTAL $109,395.64 I hereby certify that(1) the Defendants' last known addresses are 145 15TH ST, NEW CUMBERLAND,PA 1.7070-1105 and 293 LOCUST POINT ROAD, NEW KINGSTON, PA 17072, and (t2`)that no'ttice has been given in accordance with Rule Pa.R.C.P 237.1. Date '7 i Meredith Wooters, Esq., Id. No.307207 Attorn for Pl 'ntiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ��C�L•� � 221.545 � � � �t � PROTHONOTARY 221545 PHELAN HALLINAN, LLP Attorney for Plaintiff Meredith Wooters,Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19J03 215-563-7000 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS INC. TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2005-HE7 No. 12-3476 VS. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants 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 of Congress of 1940, as amended. (b) that defendant JENNIFER M. COLE A/K/A JENNIFER MARIE COLE is over 18 years of age and resides at 1.45 15TH ST, NEW CUMBERLAND, PA 17070-1105 and 293 LOCUST POINT ROAD,NEW KINGSTON, PA 17072. (c) that defendant NATHAN R. COLE is over 18 years of age and resides at 145 15TH ST,NEW CUMBERLAND, PA 17070-1105 and 293 LOCUST POINT ROAD, NEW KINGSTON,PA 1.7072. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 221.545 Department of Defense Manpower Data Center Results as of:Apr-12-2013 07[11:21 SCRA 3.0 Stata Repot Pursuant to,Servicerne bem Civil.Relief A.ct Last Name: COLE First Name: JENNIFER Middle Name: M Active Duty Status As Of: Apr-12-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA r N0.- NA This response reflects�ihe Individuals active'duty status based on the Acbve Duty Status Date i - Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA rNo NA 7. This response reflects where the individual left active duty sta"wfthin 367;60 preceding the Active Duty Status Date K. The Member or His/Her Unit Was Notified of a Future Cell-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ',.NA r ;^'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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Apr-12-201307:11:20 SCRA 3.0 status Report Pursuant to Servicernembers Civil Relief Act Last Name: COLE First Name: NATHAN Middle Name: R Active Duty Status As Of: Apr-12-2013 On Active Duty On Active Duty Status Dale 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 Dale 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,NOAH,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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR MORGAN CIVIL DIVISION STANLEY ABS CAPITAL I INC.TRUST 2005- HE7,MORTGAGE PASS-THROUGH NO. 12-3476 CERTIFICATES,SERIES 2005-HE7 Plaintiff CUMBERLAND COUNTY V. JENNIFER M.COLE A/K/A JENNIFER MARIE COLE NATHAN R.COLE Defendant(s) TO: JENNIFER M.COLE A/K/A JENNIFER MARIE COLE 145 15TH ST NEW CUMBERLAND,PA 17070-1105 DATE OF NOTICE:A&.5 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTE?VWr TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. Dd PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse -ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo)dXan Lobb,Esq.,Id.No.312174 A omey for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza PHS#221545 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR MORGAN CIVIL DIVISION STANLEY ABS CAPITAL I INC.TRUST 2005- HE7,MORTGAGE PASS-THROUGH NO. 12-3476 CERTIFICATES,SERIES 2005-HE7 Plaintiff CUMBERLAND COUNTY V. JENNIFER M.COLE A/K/A JENNIFER MARIE COLE NATHAN R.COLE Defendant(s) TO: JENNIFER M.COLE A/K/A JENNIFER MARIE COLE 293 LOCUST POINT ROAD NEW KINGSTON,PA 17072 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EM PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FARM TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TfUS 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION - I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By. d4:�: J96dan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Haliinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza PHS#221545 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR MORGAN CIVIL DIVISION STANLEY ABS CAPITAL I INC.TRUST 2005- HE7,MORTGAGE PASS-THROUGH NO. 12-3476 CERTIFICATES,SERIES 2005-HE7 Plaintiff CUMBERLAND COUNTY V. JENNIFER M.COLE A/K/A JENNIFER MARIE COLE NATHAN R COLE Defendant(s) TO: NATHAN R.COLE 145 15TH ST NEW CUMBERLAND,PA 17070-1105 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IM1FORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR D)3ITNSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jono&Lobb,Esq.,Id.No.312174 A orney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza PHS#221545 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR MORGAN CIVIL DIVISION STANLEY ABS CAPITAL I INC.TRUST 2005- HE7,MORTGAGE PASS-THROUGH NO. 12-3476 CERTIFICATES,SERIES 2005-HE7 Plaintiff CUMBERLAND COUNTY V. JENNIFER M.COLE A/K/A JENNIFER MARIE COLE NATHAN R.COLE Defendant(s) TO: NATHAN R.COLE 293 LOCUST POINT ROAD NEW KINGSTON,PA 17072 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE'CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. WWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse - - ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:— A—�& Jo an Lobb,Esq.,Id.No.312174 A orney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza PHS#221545 (Rule of Civil Procedure No. 236) - Revised DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS INC. TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2005-HE7 No. 12-3476 VS. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Notice is given that a Judgment in the above captioned matter has been entered against you on 4//gAa By: W0009P If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19,103 21.5-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 221545 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR COURT OF COMMON PLEAS MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE7 CIVIL DIVISION Plaintiff NO.: 12-3476 V. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE CUMBERLAND COUNTY NATHAN R.COLE Defendant(s) , -T a To the Prothonotary: M rTi rn m � ---' = . —c r-. x� Issue:��rit of execution in the above matter: _j o Amount Due $109,395.64 �Tub o-*i Z� fi cAa �'.3 _� Interest from 04/16/2013 to Date of Sale $2,553.16 x t ($17.98 per diem) m �? TOTAL $111,948.80 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#221545 ova gLA .dv G� � oS.'� S (i IC,0. So 2 � . SELL, C PAA-aaOgq > or IN THE COURT OF COMMON PLEAS OF r - CUMBERLAND COUNTY,PENNSYLVANIA - _3 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE7 Plaintiff V. JENNIFER M.COLE A/K/A JENNIFER MARIE COLE .:. NATHAN R. COLE Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: ',<5 Address where papers may be served: T Phelan Hallinan,LLP JENNIFER M.COLE A/K/A JENNIFER MARIE COLE s Adam H.Davis,Esq.,Id.No.203034 145 15TH ST NEW CUMBERLAND,PA 17070-1105 Attorney for Plaintiff i, NATHAN R.COLE 145 15TH ST NEW CUMBERLAND,PA 17070-1105 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of New Kingstown,Township of Silver Spring,County of Cumberland and State of Pennsylvania, bounded and described as follows,to wit: BEGINNING at a post adjoining lot now or formerly of Clare Gensler on the north; thence by said lot,now or formerly of Clare Gensler,West, 160 feet to an Alley;thence along said Alley,South,40 feet to another Alley;thence along the last mentioned Alley,East, 160 feet to the public road leading to the Railroad; thence along said road, North 40 feet to lot of Clare Gensler,the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Nathan R. Cole and Jennifer M. Cole, h/w, by new-frgrn-L-,arr sse11-Y.ie-.ff,e,r-and-Barbara-L-Vi 8/31/2005,-recorded 09/02/2005 in Book 270, Page 4111. PREMISES BEING: 293 LOCUST POINT ROAD,NEW KINGSTON,PA 17072 PARCEL NO.38-19-1621-074. PHELAN HALLMAN, LLP F I L ED_OfiFlL'; Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 `�� THE PRQTHONO TAR 1617 JFK Boulevard, Suite 1400' One Penn Center Plaza A Y —7 AN 10: Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7,MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES,SERIES 2005-HE7 Plaintiff NO.: 12-3476 V. CUMBERLAND COUNTY JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I ' fNC-TRUST 2005-HE7,MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES,SERIES 2005-HE7 Plaintiff NO.: 12-3476 V. . CUMBERLAND COUNTY JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE7,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 293 LOCUST POINT ROAD,NEW KINGSTON,PA 17072. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JENNIFER M.COLE 14515TH ST A/K/A JENNIFER MARIE COLE NEW CUMBERLAND,PA 17070-1105 C7 ri C NATHAN R.COLE 145 15TH ST -r NEW CUMBERLAND,PA 17070-1105 —mot 1 T r-= y C:) 2. Name and address of Defendant(s)in the judgment: C t= Name Address(if address cannot be reasonably >n ascertained,please so indicate) Q CD JENNIFER M.COLE 145 15TH ST A/K/A JENNIFER MARIE COLE NEW CUMBERLAND,PA 17070-1105 NATHAN R.COLE 145 15TH ST NEW CUMBERLAND,PA 17070-1105 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE,PA 17013-3387 DEUTSC14E BANK NATIONAL TRUST 10790 RANCHO BERNARDO ROAD COMPANY SAN DIEGO,CA 92127 DEUTSCHE BANK NATIONAL TRUST 123 SOUTH BROAD STREET COMPANY SUITE 280 C/O TERRENCE J.MCCABE,ESQUIRE PHILADELPHIA,PA 19109 PHS #221.545 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) FIRST INDIANA BANK,NA 135 NORTH PENNSYLVANIA STREET INDIANAPOLIS,IN 46204 FIRST INDIANA BANK,NA P.O.BOX 441159,GTC05 INDIANAPOLIS,IN 46244-1159 FLEET REAL ESTATE FUNDING 1333 MAIN STREET CORPORATION COLUMBIA,SC 29201 FLEET REAL ESTATE FUNDING 5070 RITTER ROAD CORPORATION MECHANICSBURG,PA 17055 C/O FLEET MORTGAGE 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 293 LOCUST POINT ROAD NEW KINGSTON,PA 17072 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: aol" Phelan Hallinan,L P Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHS #221545 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7,MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES,SERIES 2005-HE7 NO.: 12-3476 Plaintiff VS. CUMBERLAND COUNTY JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JENNIFER M. COLE Fri A/K/A JENNIFER MARIE COLE C) NATHAN R. COLE 14515TH ST zc>C-)C=:; 3 NEW CUMBERLAND,PA 17070-1105 =C) , Z5 CDC"") C= "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 293 LOCUST POINT ROAD,NEW KINGSTON,PA 17072 is scheduled to be sold at the Sheriff's Sale on 0910412013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$109,395.64 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE7(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why.the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 } (800)990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-3476 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE7 V. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, County of Cumberland and State of Pennsylvania, being 293 LOCUST POINT ROAD,NEW KINGSTON,PA 17072 Parcel No. 38-19-1621-074. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $109,395.64 Attorneys for Plaintiff Phelan Hallinan, LLP r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of New Kingstown,Township of Silver Spring,County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post adjoining lot now or formerly of Clare Gensler on the north;thence by said lot, now or formerly of Clare Gensler,West, 160 feet to an Alley;thence along said Alley,South,40 feet to another Alley; thence along the last mentioned Alley,East, 160 feet to the public road leading to the Railroad; thence along said road,North 40 feet to lot of Clare Gensler, the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Nathan R. Cole and Jennifer M. Cole, h/w, by Deed from Larry Russell Kieffer and Barbara L. Kieffer, h/w, dated 08/31/2005, recorded 09/02/2005 in Book 270, Page 4111. PREMISES BEING: 293 LOCUST POINT ROAD,NEW KINGSTON,PA 17072 PARCEL NO. 38-19-1621-074. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3476 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 MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7, MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE7 Plaintiff(s) From JENNIFER M.COLE A/K/A JENNIFER MARIE COLE,NATHAN R.COLE (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: $109,395.64 L.L.: $.50 Interest FROM 4/16/2013 TO DATE OF SALE($17.98 PER DIEM)-$2,553.16 Atty's Comm: Due Prothy: $2.25 Atty Paid: $242.75 Other Costs: Plaintiff Paid: Date: 5/7/2013 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7, PHS#221545 MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005- HE7 DEFENDANT SERVICE TEAM/Ixh JENNIFER M.COLE A/K/A JENNIFER MARIE COLE COURT NO.: 12-3476 NATHAN R.COLE SERVE NATHANR.COLE AT: TYPE OF ACTION r `} 145 15TH ST XX Notice of Sheriff's Sale e t NEW CUMBERLAND,PA 17070-1105 SALE DATE: September 4,2013 . s- <-�' . � C.r V n rn SERVED ' Served and made known to NATHAN R.COLE,.Defendant on the day of ,20 3,aT� tU o'clock g.M.,at 1�Ain V in the.mamter described below: g G� • _Defendant personally served. y C-) Adult family membjr with w om Defendant(s)reside(s). Relationship is MOMS �2- 1 N«U SHG (�v`� G V12 1 M�,) a _Adult in charge of Defendant's residence who refused to give name or'relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: v Description: Age �S Height 2 Weight S Race WhtlSex Other I, 4� � �((\� >a a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: 3 NAME: PRINTED NAME: +"F� �e��Qf•� TITLE: sj,(Ia�C�S SR2 NOTSERVED On the day f 20_>at o'clock_.M.,1, a competent adult hereby state thattendant NOT FO ND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan.Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Pcnn Center Plaza Philadelphia,PA 19103 (215)563-7000 G ' AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTIVnW DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE , ' ; FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7, PHS#221545 MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005- yG HE7 12p c DEFENDANT SERVICE TEAM/lxh 370 O t JENNIFER M.COLE A/K/A JENNIFER MARIE COLE COURT NO.: 12-3476 `G NATHAN R.COLE P �.. SERVE JENNIFER M.COLE A/K/A JENNIFER MARIE COLE AT: TYPE OF ACTION 145 15TH ST XX Notice of Sheriff's Sale NEW CUMBERLAND,PA 17070-1105 SALE DATE: September 4,2013 SERVED Served and made known to JENNIFER M. COLE A/K/A JENNIFER MARIE COLE,Defendant on the day of • 2 L,at oclock M.,at�� IS�h S&rte in the manner described below: Defendant p rsonally served. Adult family member with whom Defendant(s)reside s). Relationship is W%M O"(�r iis,UW 6.m 'eme 0oz, km"vr- _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: Description: Age Height Weight 136 S Race�"IlCex F Other I, fTA X_k1f*ZA O&NM , a competent adult, hereby verify that I personally handed a true and correct copy of the Noticl of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 1.8 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: '7.0�� NAME: PRINTED NAME: QE lerqj TITLE: b NOTSERVED On the day of '20 ,at o'clock_M.,I, a competent adult hereby state that en ant FO D ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 � y ca PHELAN HALLINAN,LLP Attorney for Plaintiff rn �, r� Adam H. Davis,Esq.,Id.No.203034 C 1617 JFK Boulevard,Suite 1400 --A- One Penn Center Plaza Philadelphia,PA 191.03 3 Q Adam.Davis @PhelanHallinan.com i;C 215-563-7000 j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE7, COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 CIVIL DIVISION Plaintiff, No.: 12-3476 V. JENNIFER M.COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 �j Attorney for Plaintiff Date: (f J IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#715386 Name and Phelan l4ollinan.LLP Address 1617 JFK Dculevprd,SAtc 1400 OfScndcv, One Pcno Ccuts,Plaza his 19103 AZKWND-09/002013 SALE P Vdr7sec,Street,and Post Otfice Address Post p "'adS Line Article Number Niup�,F!A I TENANTIOCCUPANT CO2 293 LOCUSTPOINT ROAD NEW KINGSTON.PA 17072 2 CUMRFRJAND COUNTY ADULT PROBATION SOAS TCOURTHOUSESQUARE I CARLISLE,PA 17013-3387 Moo 3 FIRST INDIANA DANX,NA S4,45 135 NORTH PENNS 17LVANIA STREET INDIANAPOLIS,IN 46204 4 FIRST INDIANA BANK,NA $0,45 P.O.BOX 44115%GTCO5 INDIANAPOLIS.IN 46244-1159 5 FLEET REAL FSbiti FUN-DING CORPORATION $OAS 1333 MAIN STREET COLUMBIA,SC 29201 8 ««« DOMESTIC RELATIONS OF SOAS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE,PA 17013 7 COMMONWEALTH OF PENNSYLVANIA SOA5. DEPARTMENT OF WELFARE P.O.BOX 2675 HARRISBURG,PA 17105 $1 INTERNAL REVENUE SERVICE ADVISORY SOAS 1000 LIBERTY AVENUE ROOM 704 PITTS111111011,PA 15222 9 U.S.DEPARTMENT Of JUSTICE BOAS U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG,PA 17108-1754 RE:JENNIFER M.COLE ANJA MNIFFR IMARIFE COLE(CUMBERLAND) PITS 9 22154511021 Pole I of Writ Team 'Nul%Znkrof rem Twuraracr,ra(Nmor T*fvl 4ccistsioin w vvue b mq-jbm m sit dommi sna Initimlomi Av%ertj Ran.M nuxinuM irftftWZY PA30k fits Lkud bysob&' P—;�d v poo offk* P--Wv r'"-svW) N.Od—nwrj rtt«rbuetgn inaawnnc«k4X()Wpar I pica vAlmt os3rni of$50D.M mT*uvn=.T)w MAMrftrdift is SSW, lit"x1mmkWv*i1yr4pbk is S23 WO fortepstcred=#,sera with orKiorW imumrce,Set t)DfM1kMo'fNara! I 1 1 syd Form 3877 Facsimile Nanx and "Phelan Hallinat;,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender Onc Peru)CenterPlaza o � Philadel Ad re 19103 A7KhYIND,-09/D4!2013 SALE , 2 Line ArticleNumbc: I�amcufAdtiresset,StrecyandPostOfliccAdoress ; wRk+— __...__.. --__. PoswSc p� ` _...-. __.__.—.............._......__.....___.___.._. ... ._..—..___.___ _._._ .___......__._.._.—..__._..._..._ 1 �FLEET REAL ESTATE FUNDING CORPORATION SO.dS cli CIO FLEET'MORTGAGE 5070 RTTTF.,R ROAD .5 a h7ECHANICSBURG PA 1705S 2 °4Mr DEUTSCHE BANK NATIONAL TRUST COYIPA,-4y 10790 RANCHO BERNARDO ROAD SD.ds a; rs SAN DTECv'O,CA 92127 3 """ :.DEUTSCHE BANK NATIONAL TRUST COMPANY C/O TERRENCEJ.MCCABI• 1?SQUIM 50.45 123 SOUTH BROAD STREET SUITE 280 PHILADELPHIA.PA 19109 I RF.i JFh'NlVFR M.COT,F A/K/A.TF.NNTFFR MAR TT COTA(C_TITITTTF.RT.Ai11A) PF1S N221.Sd5;1027 Page 2 o!2 writ Team 55.40 Trial NurtAcrof Twal Naa+bcr ofPimta i`Jifr:caskr,hr3Namc cr - ---. -' Pitcea tiC[rl ky ScMcr l Nar3red atTmt Of6a Yi+c full dec arationorrafii:it+at loircA on a110arxaric Rnzl inernatiorrt rt6iatmnl roatL Tlx rre " -_w► Aeee�rK F.KeIa;�; fxr tle rcennttnxfirnofm:wyrwiafik rbeimrnn imMr?:s . rku stk ka tot iiadt er130000[ !urea Maif brauncra rcr,�narnr+inR is ..Y. pYatvmrrc.'IheistximunlMeavotgpayR)kenFxpnu, 'fhz�mdmumt'dearnFypryaDk%S"rS.OIOLrrzgisxn lrroil.semw�hoplia>.U,ra,earce.setuoarsxwat�Marwl F.90D 5911aM 5921 rQ limlmbrs afeo�em Form 3877 Facsimile lay l i i Gins()�A�ZY Phelan Hallinan, LL q � $ } 9� 5$ Justin F. Kobeski, Es q., Id. No.200392 ATTO EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUI-IBERLAND COUNT One Penn Center PlazaZNSYI.Y� �1A Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- Civil Division HE7, MORTGAGE PASS-THROUGH - - =CERTIFICATES;SERIES-2005=HE7 - - _- CUMBERLAND County- Plaintiff No.: 12-3476 V. JENNIFER M. COLE A/KJA JENNIFER MARIE COLE NATHAN R. COLE Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 1, 2012. . 2. Judgment was entered on April 15,.2013 in the amount of$109,395.64. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e.bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 715386 4. The Property is listed for Sheriffs Sale on September 4, 2013. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was fled and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $78,381.56 Interest Through September 4, 2013 $28,976.27 Legal fees $2,100.00 Cost of Suit and Title $1,801.33 Escrow Deficit $10,768.27 TOTAL $121,992.49 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is-in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 19, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto,made part hereof, and marked as Exhibit`B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated February 25, 2013 . 715386 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the _judgment as requested. Phelan Hallinan,LLP DATE: Al 2 By: Justin . Ko eski,Esquire ATTDRNEY FOR PLAINTIFF 715386 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanliallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- Civil Division HE7, MORTGAGE PASS-THROUGH - - — -- CERTIFICATES;SERIES 2005-HE7— - - - - CUMBERLAND County - =-- - - Plaintiff No.: 12-3476 V. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JENNIFER M. COLE A/YJA JENNIFER MARIE COLE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 293 LOCUST POINT ROAD,NEW KINGSTON, PA 17072. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be 715386 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court,and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy,if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFFS IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55,59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24(Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y.v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 715386 826(1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Corny v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v.Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage,and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 715386 Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 715386 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the- loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confinning that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 715386 Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 715386 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as"property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 715386 Accordingly, line items included in Motions.to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages..' IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee W.expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP g4 DATE: By: Justin Kobeski,Esquire Attofney for Plaintiff .715386 Exhibit "A" 715386 PHELAN HALLINAN, LLP�q Attorney for Plaintiff — - Meredith anters,�,,-Id.--No 307207 1617 JFK Boulevard, Suite 1400 —, -° — One Pend Center Plaza - Philadelphia,PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST : CUMBERLAND COUNTY COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I : COURT OF COMMON PLEAS INC.TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES, : CIVII. y% SERIES 2005-HE7 "'�MJ - - - No.11-34 - - VS. MW -'mow ..- -n z;:a ::a �r- JENNIFER M.COLE <a s A/KIA JENNIFER MARIE COLE ° NATHAN R.COLE Z C Z z-`i o c=') PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JENNIFER M.COLE AIKIA JENNIFER MARIE COLE and NATHAN R COLE Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: . As set forth in Complaint $109,395.64 TOTAL ley f $109,395.64 I hereby certify th- at(1)the Defendants'last known addresses are 145 15TH ST,NEW CUMBERLAND,PA 17070-1105 and 293 LOCUST POINT ROAD,NEW KINGSTON,PA 17072, and(06413 2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date lateooMers,Esq.,Id. No.307207 Atto ey for Plaintiff DAMAGES ARfEj HEREBY ASSESSED AS INDICATED. DATE: « 221545 Exhibit "B" 715386 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania - --- _ - -_August-19;2013 - - — -- - - - - - JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE 145 15TH ST NEW CUMBERLAND, PA 17070-1105 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005-HE7,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 v. JENNIFER M. COLE, A/K/A JENNIFER MARIE COLE and NATHAN R. COLE Premises Address: 293 LOCUST POINT ROAD NEW KINGSTON,PA 17072 CUMBERLAND County CCP,No. 12-3476 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 8/24/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very t. 1,Y YO Jusiij ". beski, Esq.,Id.No.200392 At( ndy l ,r Plaintiff Enclosure 715386 o � Name and Phelan Hallinan,LLP Address y 1617 JFK Boulevard,Suite 1400 I Q Of Sender One Penn Center Plaza 8 Philadelphia,PA 19103 KVM Line Article Number Name of Add Street,and Post Office Address Postage y m 1 +*+• JENNIFER M.COLE $0.45 0 NATHAN.RCOLE t art 14515TH ST 0 o0 NEW CUMBERLAND PA 17070-1105 2 ••"+ JENNIFER M.COLE $0.45 s.s NATHAN R COLE 293 LOCUST POINT ROAD NEW KINGSTON PA 17072 QA 3 +*"" JENNIFER M.COLE $0.45 260 GIBSON ST CARLISLE,PA 170133715I� 4 •'•` JENNIFER M.COLE $0.4 NATHAN R COLE PO BOX 345 y NEW KINGSTOWN PA 17072-0345 5 *"•` NATHAN R COLE $0.45 293 NORTH LOCUST POINT ROAD MECHANICSBURG,PA 17050 RE,JENNIFER M.COLE AQUA JENNIFER MA=COLE(CUMBERLAND) PH# 5386/1200' -- $2.25 Page I of 1 Toml Number of Toml NumberdPiccna Postmuta.Per(Na a of The full declaration of value is required on all do ticandi ixemadonal registered mail.The maximum indemnity payable Pima Listed by Sender Received al Post Office Receiving Employee) for the reconstruction of nonnegotiable docurawrts4e,Express Mail document reconstruction insurance is 250,000 per piece subject to a limit of 5500.000 per occuncncc'. maomum indemnity payable on Express Mail mcrchandim is 5500 71he maximum indemnity payable is$25.000 for r 4 ered mail,sun with optional insurance.See Domestic Mal Manual R900 5913==city for limitations of Form 3877 Facsimile w; I 715386 c Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelaiihallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- Civil Division HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 CUMBERLAND County Plaintiff - : No.: 12-3476 V. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JENNIFER M. COLE JENNIFER M. COLE A/K/A JENNIFER MARIE COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE NATHAN R. COLE 145 15TH ST 293 LOCUST POINT ROAD NEW CUMBERLAND,PA 17070-1105 NEW KINGSTON, PA 17072 JENNIFER M. COLE JENNIFER M. COLE A/KIA JENNIFER MARIE COLE A/K/A JENNIFER MARIE COLE 260 GIBSON ST NATHAN R. COLE CARLISLE,PA 17013-3715 PO BOX 345 NEW KINGSTOWN,PA 17072-0345 715386 f M _ NATHAN R. COLE 293 NORTH LOCUST POINT ROAD MECHANICSBURG,PA 17050 Phelan Hallinan,LLP DATE: By: "I',41��- Justi p4Kobeski Esquire ATTORNEY FOR PLAINTIFF 715386 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- Civil Division HE7,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 CUMBERLAND County Plaintiff No.: 12-3476 c: V. : MCO "M cn r JENNIFER M. COLE A/K/A JENNIFER MARIE COLE x7 o . NATHAN R. COLE r 6--n Defendants --� C) RULE °' c AND NOW,this day of -A&A2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. cOpt ES 1941 J . )�04Eski J . L lF 715386 Justin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 161.7 JFK Boulevard, Suite 1.400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JENNIFER M. COLE JENNIFER M. COLE A/K/A JENNIFER MARIE COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE NATHAN R. COLE 145 15TH ST 293 LOCUST POINT ROAD NEW CUMBERLAND, PA 17070-1105 NEW KINGSTON,PA 17072 _ JENNIFER M. COLE JENNIFER M. COLE_ A/K/A JENNIFER MARIE COLE A/K/A JENNIFER MARIE COLE 260 GIBSON ST NATHAN R. COLE CARLISLE, PA 17013-3715 PO BOX 345 NEW KINGSTOWN, PA 17072-0345 NATHAN R. COLE 293 NORTH LOCUST POINT ROAD MECHANICSBURG, PA-17050 715386 715386 4 Coq 1-1) efi Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN • STANLEY ABS CAPITAL I INC. TRUST 2005- • Civil Division HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 • CUMBERLAND County Plaintiff • • No.: 12-3476 Oil vs. • rn�� c Fri- a —4 u)c-- :cs JENNIFER M. COLE r A/K/A JENNIFER MARIE COLE -; NATHAN R. COLE =o c Defendants . a PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 28, 2013 in the above referenced action. 9(g Phe an Hallin�i� ' DATE: dip By: won F. A 'erm. ., sq., Id.No.309519 Attorney for Plaintiff 715386 t Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.corn 215-563-7000 DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas • COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- • Civil Division • HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 : CUMBERLAND County • Plaintiff • No.: 12-3476 • vs. JENNIFER M. COLE A/K/A JENNIFER MARIE COLE NATHAN R. COLE Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JENNIFER M. COLE NATHAN R. COLE 145 15TH ST NEW CUMBERLAND, PA 17070-1105 JENNIFER M. COLE NATHAN R. COLE 293 LOCUST POINT ROAD NEW KINGSTON, PA 17072 JENNIFER M. COLE NATHAN R. COLE 260 GIBSON ST CARLISLE, PA 17013-3715 715386 I -"II JENNIFER M. COLE NATHAN R. COLE PO BOX 345 NEW KINGSTOWN, PA 17072-0345 If Phelan H. a ' DATE: By: •4rF. -?e•...n, Esq., Id. No.309519 A -oorne, • 'laintiff 715386 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F[H'_D-O?°t JCE �txttX pt C aczCa f,�d� i "r ( ITH0N1 t/=.R� Jody S Smith IJ f- Chief Deputy �t__de-, 013 O V 22 AH 8: 47 Richard W Stewart Solicitor OFFICE F THE SHERIFF i"�?1MBERLAHD Ct�I 'Ff PE€ INSYLVAHIA Deutsche Bank National Trust Company vs. Case Number Jennifer M. Cole a/k/a Jennifer Marie Cole(et al.) 2012-3476 SHERIFF'S RETURN OF SERVICE 06/25/2013 07:34 PM - Deputy Jason Kinsler, 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: Nathan R. Cole at 145 15th Street, Borough, New Cumberland, PA 17070, Cumberland County. 06/25/2013 07:34 PM -Deputy Jason Kinsler, 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 Nathan Cole- Husband, who accepted as"Adult Person in Charge"for Jennifer M. Cole a/k/a Jennifer Marie Cole at 145 15th Street, New Cumberland, PA 17070, Cumberland County. 06/28/2013 03:55 PM -Deputy Tim Black, 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 293 Locust Piont Road, Silver Spring -Township, New Kingston, PA 17072, Cumberland County. 09/04/2013 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, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Deutsche Bank National Trust Company, As Trustee for Morgan Stanley ABS Capital I Inc. Trust 2005-HE7, Mortgage Pass-Through Certificates, Series 2005-HE7, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $884.75 SO ANSWERS, November 20, 2013 RON R ANDERSON, SHERIFF .Dl> Pol, a �SPd . �o .S� LL p - (c)CountySuite Sheriff,Teleosoft..Inc. On May 20, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 293 Locust Point Road, New Kingston, as, Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 20, 2013 By: Real Estate Coordinator H :01 V 8- W Elul Vd r c LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-3476 Civil Term DEUTSCHE BANK NATIONAL TRUST COMPANY VS. JENNIFER M. COLE a/k/a JENNIFER MARIE COLE, Nathan R. Cole Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-3476, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005- HE7, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 v. JENNIFER M. COLE a/k/a JEN- NIFER MARIE COLE, NATHAN R. COLE owner(s)of property situate in the TOWNSHIP OF SILVER SPRING, County of Cumberland and State of Pennsylvania, being 293 LOCUST POINT ROAD, NEW KINGSTON, PA 17072. Parcel No. 38-19-1621-074. Improvements thereon:RESIDEN- TIAL DWELLING. JudgznentAmount:$109,395.64. 39 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: July 26, August 2 and August 9, 2013 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. Li a Marfevcoyne, 4ditor SWORN TO AND SUBSCRIBED before me this dav of Auszust, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. C ' - w 1900 Patriot Drive e atr1*ot1WA(W5 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 1900 Patriot Drive, 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 he 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 he 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. 2012-3476 Civil Term DEUTSCHE BANK NATIONAL This ad ran on the date(s)shown below: TRUST COMPANY VS. 07/28/13 JENNIFER M.COLE A/K/A 08/04/13 JENNIFER MARIE COLE Nathan R.Cole Atty. Joseph Schalk 08/11/13 By virtue of a Writ of Execution No.12-3476 DEUTSCHE BANK NATIONAL . . . . tandcribed. . . . . . . . . . . . . TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST. 2oo-HE7, MORTGAGE Sworn t0 before e this 23 day of August, 2013 A.D. PASS-THROUGH CERTIFICATES, SERIES 2005-HE7 V. , J) JENNIFER M. COLE A/K/A JENNIFER MARIECOLE Lary Public NATHAN R.COLE owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, County of Cumberland and State of Pennsylvania, being KINGSTON,LOCUST ROAD, NEW KINGSTON,PA 17072 7072 COMMONWEALTH OF PENNSYLVANIA Parcel No.38-19-1621-074. Holly Notarial Seal (Acreage or street address) Holy ynn Warfel,Notary Public Improvements thereon: RESIDENTIAL M Washington Twp.,Dauphin County DWELLING MEMBER,PE NSYLVANIA ASSOCIATION OF NOT ARIES Judgment Amount:$109,395.64 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deutsche Bank National Trust Co. as Trustee for Morgan Stanley Capital I Inc. Trust 2005-HE7 Mortgage Pass-Through Cert Series 2005-HE7 is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 7th day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3476, at the suit of Deutsche Bank National Trust Co. as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2005-HE7 Mortgage Pass Through Cert Series 2005-HE7 against Jennifer M. Cole A/K/A Jennifer Marie Cole and Nathan R. Cole is duly recorded as Instrument Number 201337486. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of red , A.D. 02 p�C3 Recorder of Deeds R Cumberland Coun , My Commission Tres the Fast Mon Carlisle,PA day, of Jan.2014