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HomeMy WebLinkAbout13-2444 Supreme Court- of Pennsylvania Coura� ` Com Pleas c , For Prothonotary Use Onty: 'v!Cavefy 5 feet t C Count Y Docket No: The information collected on this form i.s,used solely for court administration purposes. This formdoes not supp lement or replace the lin and service o leadin s or other papers as required U law or rules o court. Commencement of Action: S ® Complaint O Writ.of Summons 0 Petition E O Transfer from Another Jurisdiction O Declaration of Taking Lead Plaintiff's Name: DEUTSCHE BANK.NATIONAL Lead Defendant's Name: MICHAEL J. ADAMS C TRUST COMPANY AS TRUSTEE FOR MASTR T SPECIALIZED LOAN TRUST 2007 -02 MORTGAGE I PASS - THROUGH CERTIFICATES Dollar Amount Requested: 11 within arbitration limits 0 Are money damages requested? C1 Yes Z No {Check one) � outside arbitration limits N Is this a Class Action Suit? ❑ Yes 99 No Is this an MDI Appeal? O Yes 0 No A Name of Plain tiff/Appellant's Attorney.. John Michael Kolesnik, E5g, Id. No.308877 Phelan Hallinan, LLP 0 Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASK'. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include. Mass Tort) CONTRACT (do not include judgments) CIVIL. APPEALS O Intentional O Buyer Plaintiff Administrative Agencies O Malicious Prosecution O Debt Collection: Credit Card O Board of Assessment O Motor Vehicle O Debt Collection: Other O Board of Elections 0 Nuisance O Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other O Product .Liability (does not include mass tort) O Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E O Other: O Employment Dispute: Other O Zoning Board C O Other: T I MASS TORT 0 Other: 0 0 Asbestos N O Tobacco O Toxic Tort DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste O Ejectment O Common Law /Statutory Arbitration B 0 Other: O Eminent Domain /Condemnation C3 Declaratory Judgment O Ground Rent 0 Mandamus O Landlord/Tcnant Dispute O Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage .Foreclosure: Commercial O Quo Warranto 0 Dental O Partition 0 Replevin O Legal O Quiet Title O Other: O Medical O Other: 0 Other Professional: FlIED OFFICE tir THE r f {G THONO 1`/� Y 2013 KAY -3 Aft 10= 29 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, ILLP John., Michael Kolesnik, Esq., Id..No 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED .LOAN COURT OF COMMON PLEAS .TRUST 2007 -02 MORTGAGE PASS- THROUGH CERTIFICATES CIVIL DI VISION C/O GMACMORTGAGE, LLC 1100 VIRGGINIA DRIVE TERM, P.O. BOX 8300 FORT WASHINGTON, PA 19034 NO: / ✓ - a 7 v G 'U// Plaintiff CUMBERLAND<COUNTY V. MICHAEL J. ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 296753. a 3bgq Q cxnqRS 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED .LOAN TRUST.2007 -02 MORTGAGE PASS - THROUGH CERTIFICATES C/O GMAC MORTGAGE, LLC 1.1.00 VIRGINIA DRIVE P:O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL J. ADAMS, 42 BEARS SCHOOL .LANE CARLISLE, "PA 17413 who is/are the mortgagor(s) and/or real .owner(s) of the property hereinafter described. 3. On 06/20/2006 MICHAEL J. ADAMS made, executed and delivered a mortgage upon the premises hereinafter. described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR NFM, INC., DBA NATIONAL FIDELITY FINANCE which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1958, Page 263. By Assignment of Mortgage recorded 11/13/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201235073.The mortgage and eMignment(s), if any, are matters of public record'and are incorporated. herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if. those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage °is in default because monthly payments of principal and interest upon said mortgage due 01/0'1/2012 and each month thereafter are due and unpaid, and by the terms S10 it: 296753 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. 6. The following amounts are due on the mortgage as of 12/28/2012: Principal Balance $122,292.83 Interest $7,223.67 12/01/2011 to 12/28/2012 Late Charges $842.39 Property. Inspections $199.25 Appraisal/Brokers Price Opinion $249.55 Escrow Deficit 2 088 04 Subtotal $132,895.73 Suspense Credit O D . 95 1 TOTAL $132,894.78 7. Plaintiff is novseek.ing 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. 8. Notice of Intention to Foreclose as set forth in Act .6 of 1974, Notice of homeowner's Emergency Mortgage Assistance Program pursuant. to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required.by the•mortgage.document, as applicable, have been sent to the Defend" an t(s)' on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because_Defendant(s) has /have failed to meet with File W 2 46753 the Plaintiff or an authorized consumer credit counseling. agency, or has/have been denied assistance by the Pennsylvania Housing Finance. Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $132,894.7$, together with' nterest, 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 HA ;LLP By: John M' ael Kolesnik, Esq., 1d. No.308877 Atto ey for Plaintiff. Filc #::296753 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision for Robert Boyer prepared by Larry Vern Neidlinger, Professional. Engineer, a draft of same consisting of four pages dated July 18, 1975 being.recorded in the hereinafter named Recorder's ,Office.in Plat Book 27, Page 103, as follows: BEGINNING at a.point in the original center line of Thirty -three (33) feet with Bear's School Lane at the Northeastern corner of land now or formerly of Neal Bressler and wife, described in deed recorded in the hereinafter named Recorder's Office Deed Book'H', Volume 25, page 946; thence along the Northern line of said .land now or formerly of Neal Bressler and wife, -South 72 degrees 59 minutes 50 seconds West, a distance of Three Hundred Eighteen and Seventy - seven Hundredths (318.77) feet to a point at the dividing line between Lots Nos. 10 and 1.3 of Section 'C' as shown on said Subdivision. Plan; thence along said dividing line between Lots Nos. 10 and '13 of Section 'C; North 24 degrees 16 minutes 34 seconds West, a distance of Ninety -five and Six Hundredths (95.06) feet.to a point in the dividing line between Lots. Nos. 10 and .1.1 Section 'C' as shown on said Subdivision Plan; thence along the dividing line between said Lots .Nos. 10 and 1.1 of Section 'C', North 59 degrees 05 minutes 36`seconds .East, a distance of Two Hundred Ninety -nine and Fourteen Hundredths (299.14) feet to a point in the original center line. of Thirty Three (33) .feet wide.Bear's School Lane; thence along the original center line of said Thirty - three (33) feet wide Bear's School Lane, South 30 degrees 54 minutes 24 seconds East, a distance of One Hundred Sixty -five (165) feet, more or less, to a point at the Place of BEGINNING. File#: 296753 CONTAINING Thirty -six Thousand Four Hundred.Fifty -nine and Seventy -five Hundredths (36,459:75) square feet. exclusive of the roadbed of .Bear's School Lane and being all of Lot No. 1.0 of Section 'C' as shown on said Subdivision Plan for Robert Boyer recorded.as aforesaid, plus a strip of land Twenty -five (25) feet in width lying between the Eastern line of said Lot No. 10 of Section 'C' as shown on.said Plan and the original center line of Thirty -three (33) feet wide Bear's School.Lane,- which Twenty -five (25) feet wide strip- of land constitutes a portion of the roadbed of Bear's School Lane as shown on said Plan. For Informational. Purposes Only; The improvements thereon being known as 42 Bears School Road, Carlisle, Pennsylvania 17013. BEING all and -the same. lot of ground which by Deed dated July 27, 1, and recorded among the Land Records of Cumberland County, Pennsylvania in Libel No. 247, folio. 3389, Instrument #2001 was granted and conveyed by Robert P. Dunkle:and .Rose Ann Dunkle, unto Michael J. Adams and Bonnie S. Nesbit. Parcel No.: 46 -07 -0473 -031. PROPERTY ADDRESS: 42 BEARS SCHOOL LANE, CARLISLE, PA 170113 PARCEL # 46 -07- 0473 -031 File #1:. 296753 VERIFICATION Katelyn McCauley hereby states that he /she is Authorized Signer of OCIUEN LOAN SERVICING, LLC, sery icing. agent for Plaintiff in this matter, that,he /sheds authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Katelyn Mc auley DATE: , 2013 Title: Authorized. Signer OC)7YTN LOAN SERVICING, LLC Servicing Agent for Plaintiff File #: - 01 to -3 Name: Aao , - rn s 145 3 Files: IS kv Pa.R.C:P. 205.5 Updated 0110112011 FORM i DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA COMPANY AS TRUSTEE FOR MASTR YIA o SPECIALIZED LOAN TRUST 2007 -02 ~a3 w --t MORTGAGE PASS - THROUGH CERTIFICATES = tTt a+* tM Y r — Plaintiff(s) �D w �rr-, vs. z —i o C:) �7 MICHAEL J. ADAMS z — CD Defendant(s) mlwcivil 5­ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE :x 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 a lawyer, 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 no charge to you. Once you.have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all 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 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 out 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 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 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 out reasonable arguments 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. R': Date snik, Esq., Id. Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program .Date Financial Worksheet Cumberland County Court of Common Pleas Docket # BORROWER 1tEQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender. must consider your circumstances to determine passible options while working with your counseling agency. Please provide the following information to the best.of your knowledge: NIARY APPLICANT Borrower name(s): Property Address:. City: State: Zi Is the property for sale? Yes El No ® Listing date: Price: $ P Realtor Name: Realtor Phone: Borrower Occupied? Yes ® No ❑ Mailing Address (if different): City: State: zip: Phone Numbers: Home: Office: .Email: Cell: Other: - # of people in household: How long? Mailing Address: City: State: Zip; Phone Numbers: Home: Office: Email: Cell: Other: # of people in household: How.long? FINANCIAL INFORMATION First Mortgage Lender: Type of.Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender- Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Prima ry 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 • Monthly Gross Monthly Net 2 • Monthly Gross Monthly Net 3 Monthly Gross Monthly Net Additional Income Description (not wages): I monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly E- xpenses: (Please only include expenses you are currently paying) M AMODUNT EXPENSE AMOUNT Food Utilities Condo/Nei Fees urance Med. (not covered) Auto fuel/repairs; Other prop. payment Install. Loe Pa ent Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/T.uit, I I Other Ex eases Amount Available for Monthly Mortgage Payments Based on Income & Expenses: 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, 0 No El If yes, please indicate the status of the application: Have you had .any prior negotiations with your lender or Iender's .loan servicing company to resolve your delinquency? Yes [] No 0 If yes, please indicate the status of those negotiations: Please provide the .following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: • I/W'e, authori7e the above named to usetrefer this information to my lender /servicer for the purpose of evaluating my financial situation for, possible mortgage . options. I/We understand that I /we am/are under no obligation to use -the counseling.services provided by the above named Borrower•"Signature Date Co- Borrower Signature, Date Please. forward this document along with the following information to lender and tender's counsel: 1. Proof of income I Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill S. Letter explaining reason for delinquency and any supporting documentation (hardship letter) , 6. Listing agreement (if property is currently on the market) 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 No served by entering a written appearance personally or by attorney and film Notice are g writing with the Court your defenses or objections to the claims set forth against you. You are warned that if fail'to do so, the case may 'Proceed J roceed without.you, and a 'ud Y You grnent�ma be entered. against you by the Court without further notice for any .money claimed in the Complaint or for an other c relief requested by the plaintiff. You may lose money or property or other rights Y c laim or ghts 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 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 ( -3166 (800) 990 -9108 File #: 296753 SHERIFF'S OFFICE OF CUMBERLAND CQ,Ut+TYiGP Ronn y R Anderson Sheriff Jody S Smith r,- Chief Deputy " ' ;W Solicitor V AXt A Richard W Stewart x.; - Solicitor Deutsche Bank National Trust Company Case Number vs. 2013-2444 Michael J Adams SHERIFF'S RETURN OF SERVICE 05/06/2013 07:40 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael J Adams at 42 Bears School Lane, West Pennsboro, Carlisle, PA 17013. RYAN BURGETT, DEPUW SHERIFF COST: $34.78 SO ANSWERS, May 08, 2013 RbNr49 R ANDERSON, SHERIFF (c)CounlySuile Shefitf,Toleosoff.b,c. FILED-OFFICE Of. TAE PROTHONOTARY 2613 JUL 19 PM 2: 06 CUMBERLAND COUNTY .'ANSYLVAINlA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg,PA 17101 215-563-7000 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN Court of Common Pleas TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES Civil Division C/O GMAC.MORTGAGE, LLC 1100 VIRGINIA DRIVE Term P.O. BOX 8300 FORT WASHINGTON, PA 19034 No. 2013-2444-Civil Plaintiff Cumberland County V. MICHAEL 1. ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17013 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Deutsche Bank National Trust Company, Successor (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 May 3, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due January 1'; 2012 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 May 6, 2013, Plaintiff completed service on Defendant of the Complaint in 790515 Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and,correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. 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. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60)days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 790515 I WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: 16113 BY: os MPrmney-f'or chalk, Esquire A Plaintiff 7905 15 Exhibit A 790515 C i C r Q3 rn _f'" �� W 0c�' Cp y 5-6 Acs = Z Z c c:) PHEI.AN HALLINAN,LIP John Michael Kalesnik,Esq.,Id.No.�08877 1617 JFK Boulevard,Suite 1400 One.Penn,Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Z15-563-7000 DEUTSCHE.BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN COURT OF COMMON PLEAS TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES C IL DIVISION CIO GMAC.MORTGAGE,LLC 1100 VIRGINIA DRIVE TERM P.O.BOX 83 l .00f/'� Oil / FORT WASHINGTON,PA 19034 NO. I v ' 7 Plaintiff CUMBERLAND COUNTY V. MICHAEL J.ADAMS 42 BEARS SCHOOL LANE CARLISLE,PA 17013 ----Defendant- - - - CIV OL ACTION-LAW COMPLAINT IN_MORTGAGE FORECLOSURE ,18118T8Dy��Witilll File# 296733 t0b93tM98Rdc0ffwc0P1 I the gdonalflied of record NOTICE 9 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, thecase may proceed without you; and a judgment,maybe 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. F THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A:LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE E r TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER f ' u LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED-FEE OR NO FEE, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUN'T'Y BAR ASSOCIATION CUMBERLAND:COUNTY COURTHOUSE 2 LIBERTY AVENUE. CARLISLE,PA 17013 (717)249-3 W (800)990-9108 File a: 290153 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIAILTZED:LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES C/O GMAC MORTGAGE, LLC 1 I OU VIRGINIA DRIVE P.0. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es)of the Defendant(s) are; MICHAEL J.ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the:property hereinafter described. 1:- On 06/20/2006 MICHAEL J. ADAMS,nade, executed and_delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR NFM, INC.,DBA NATIONAL FIDELITY z FINANCE which mortgage is recorded in the Office of the Recorder of Deeds of t { c CUMBERLAND County, in Mortgage Book.1958, Page 263. By Assignment of , NCortgage recorded 11/13/2012 the mortgage was assigned to PLAINTIFF which f i Assignment is recorded in Assignment of Mortgage Instrument No. 201235,073.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. 1.019(g);.which Rule relieves the Plaintiff from its obligations.to'attach documents to pleadings if those documents are of public. record. 4; The.premises subject to said mortgage:is described as attached: S, The mortgage is in.default.because monthly payments of principal and interest upon said mortgage due 01/01(2012 and each month thereafter are due sand unpaid,.and by the terms File#: 296733 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. a 6. The following amounts are due on the mortgage as of 12/28/2012; Principal Balance $122,292.83 Interest $7,22167 12/0112011 to 12/28/2012 Late Charges $842,39 Property.Inspections $19.9.25 Appraisal/Brokers Price Opinion $249.55 { 'Escrow Deficit $2,088.04 Subtotal $132,895.73 i Suspense Credit ($0.9.5) TOTAL $132,894.78 7: Plaintiffis: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. 8.. Notice of Intention to.Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant.to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent-to the Defendants) on-the date(§) set forth thereon, and the temporary stay as provided by said notice has terminated because DefendaYit(s) has/have failed to meet with .File d: 296753 the Plaintiff or an authorizer consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE,Plaintiff demands.an in rem judgment against the Defendant(s) in the surn of $132,894.78, together with interest, costs, fees, and charges collectible under the mortgage inchiding but not I.irAiited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property, .By: ZH PHELA LLP John Iv`t', tae Kolesnik, Esq.,Id. No,308877 Atto ey for Plaintiff i f i 7 r 5 rile k: 296753 LEGAL DESCRII'TION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, f Pennsylvania, .bounded and described in accordance with Subdivision for Robert Boyer prepared by Larry Vern.Neidlinger, Professional Engineer, a draft of same consisting of four pages dated July 18, 1975 being recorded in the hereinafter named Recorders Office in PIat Book 27, Page 103;.as.follows: BEGINNING at a.po.int in the original center Wie of Thirty-three (33) feet with Bear's School Lane at the Northeastern corner of land now or formerly of Neal Bressler and wife, described in deed recorded.in the hereinafter named Recorder's Office in Deed Book 'H',.Volume.25, page 946; thence along the Northern line of said.land-now or formerly of Neal Bressler and wife, South 72 degrees 59 minutes 50 seconds West, a distance-of Three.Hundred Eighteen and Seventy- seveii.Hundredthss:{318.77) feet to a point at the dividing line between Lots Nos. 10 and 13 of F Section 'C'as shown on said Subdivision Plan; thence along said dividing line between Lots Nos, i 10 and i 3.of Section 'C', North 24.degrees 16 minutes'34 seconds West, a distance of Ninety-five and Six Hundredths (95.06) feet to.a point in the dividing line be-tWeen Lots Nos. 10 and 11 Section 'C'as shown on said Subdivision Plan; thence along the dividing line between said Lots Nos. 10 and I I of Section 'C.', Nortb 59 degrees 05 minutes 36 seconds East, a distance of Two Hundred Ninety-nine and Fourteen Hundredths(299,14) feet to a point in the.original center line of Thirty.'Three:(33).feet wide Bear's School Lane; thence along the original center line of said Thirty-three,(33.) feet wide Bear's Schoo].Lane; South 30 degrees 5:4 minutes 24 seconds.East, a distance of One Hundred Sixty-five(.165)feet, more-or less, to a point at the Place of BEGINNING. File N: 296753 " CONTAINING Thirty-six Thousand Four Hundred Fifty-nine and Seventy-five Hundredths (36,459.75) square feet exclusive of the roadbed of Bear's School Lane and being all of Lot No. 10 of Section 'C'as shown on said Subdivision Plan for Robert Boyer recorded as aforesaid, plus a strip of land Twenty-five(25) feet in width lying between.the Eastern line of said Lot No. 10 of 'Section'C'as shown on said Plan and the original center line of Thirty-three(33) feet wide Bear's School Lane,which Twenty-five(25)feet wide strip of land constitutes a portion of the roadbed of Bear's School Lane as shown on said Plan. For Informational Purposes Only: The improvements thereon being!mown,as 42 Bears School Road, CarILsle, Pennsylvania 17013. ; BEING all and the same lot of ground which by Deed dated July 27, 2001, and recorded among the Land Records of Cumberland County, Pennsylvania in Liber No. 247, folio 3389, Instrument t #2001-024758, was granted and conveyed by Robert P.Dunkle and Rose Ann Dunkle, unto Michael J. Adams and Bonnie S. Nesbit. 4 Parcel No.: 46-07-0473-031 PROPERTY ADDRESS: 42 BEARS SCHOOL LANE, CARLISLE,PA 17013 PARCEL#46.07-0473-031 E ile k 296753 VERIFICATION Katelyn McCauley 5.hereby states that he/she is,.-Authorized Signer of OCWEN LOAN 3 SERVICING, LLC, servicing agent for Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to-the best of his/her information and belief. The undersigned understands that this statement is n7'ade subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: 1Catelyn 1�5 aulet DATEr� 2013 Title: Authorized Signer OCWEN LOAN.SERVICING,LLC f. Servicing Agent for Plaintiff File#: . i t File#: PaAC R.205.5 Updated 0110112011 FORM 1 IN THE COURT,OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST 01,CUMBERLAND COUNTY,PENNSYLVANIA COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES Plaintiff(s) t VS. MICHAEL J.ADAMS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, s 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 a lawyer,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,(71,7)243- 94.00 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty(20)days of the appointment date,During that meeting,you must provide the legal representative with all 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 prep4Yt., and 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 r have an opportunity to meet with a representative of your lender in an attempt to work out 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 Iawyer with all 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 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 out reasonable arguments 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 HY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully.sub;[feel: Date rn Michael Kolesnik,Es Id. No:3 q..08877� Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion'Program Financial Worksheet Date, Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: Borroweu name(s): _ Property Address: City: Stau: Zip: - Is the property for sale? Yes.❑ No.Z Listing date: Price: S Realtor Name: RaOtor`Phone:_-- .Borrower Occupied? Yes, No 0'' Mailing-Address(if different):. _ City: State: Zip: Phone Numbers: Htarame: Office: Cell. Other: Email: , #.of people in household: How long?. S 7 Mailing Address: ; City.: State: zip Phone Numbers: Home: Office: Cell: Other: Email: #,ofpeople in.household: How long? _ FINANCIAL INFORMA"110N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lendex Type of Loan: . - - Loan Number: . Total Mortgage Payments Amounti Included Taxes& insurance: Date of Utst Paymedt: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names,location of court, case number&attorney:, Assets --mount 0%xe& 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,. 1. Mtitttl ly-Gross Monthly Net 2. . Misr hiv-Gross Monthly Net ; 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1, monthly amount: t 2. monthly amount: Borrower Pay Days:,_ . Co-Borrower Pay. Days: i Montlily.Exaenses: (Please only include expenses you are currently paying) ti EXPENSE AMOUNT EXPENSE AMOUNT ;Mor a e _ -Food 2° Mort' . _ _ 'Utilities . Car Pg men . Condo/Neigh. Fees .Auto Insurance (not covered) Au':Au':t6'fuel/rSpairs Other prop.payment Insial'l.Loan Pa ment Cable TV Child Su, ort/Alim. S 6hdin Money l7 tChild Caa /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses.- 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? i Yes❑ No El If yes,please indicate the status of those negotiations: Please provide the following information,if.known,regarding.your lender and lender's loan servicing company: Lender's Contact(Narita~); Phone:. Servicing Company(Name): Contact: Phone: MAW 1 I/we, _- . ,authorize the above named to me/refer this information to my lender/servicer for the sole purpose of evaluating my firianciil situation for possible mortgage:options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named J 1 Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 2. 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 S. Letter explaining reason for delinquency and any supporting documentation (hardship letter) b. Listing agreement(if property is currently on the market) Exhibit B 790515 SHERIFFS OFFICE OF CUMBERLAND COUtf` CE, _. V. L.C.�OT�IO-101MI"', Ronny R Anderson 1, ( -I: ? Sheriff 1 s�g ( t �ou��tr of�rrrhrrp���n� ��13 C`f�1 �� ���i; { � Jody S Smith r; Chief Deputy 'W A Y Richard W Stewart �' `tN 4"' pEN Solicitor OFFI ,"OF TuE sxERll?c Deutsche Sank National Trust Company Case Number vs. 2013-2444 Michael J Adams SHERIFF'S RETURN OF SERVICE 05/06/2013 07:40 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Michael J Adams at 42 Bears School Lane,West Pennsboro, Carlisle, PA 17013. RYAN BUR GE DEI�L7' SHERIFF COST:$34.78 SO ANSWERS, a May 08,2013 RbNN9 R ANDERSON, SHERIFF } (C)CounlySuile Sheriff,ToleosorL Inc. PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust.Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY Court of Common Pleas AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH Civil Division CERTIFICATES C/O GMAC MORTGAGE, LLC Term 1100 VIRGINIA DRIVE P.O. BOX 8300 No. 2013-2444-Civil FORT WASHINGTON, PA 19034 Cumberland County Plaintiff V. MICHAEL J. ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17013 Defendant CERTIFICATION OF SERVICE I certify that a true-and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: MICHAEL J. ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17013 Date: 2bew By: os ph Schalk, Esquire tt rney for Plaintiff 790515 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN Court of Common Pleas TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES Civil Division C/O GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE Term P.O. BOX 8300 FORT WASHINGTON, PA 19034 No. 2013-2444-Civil Plaintiff V. Cumberland County MICHAEL J. ADAMS 42 BEARS SCHOOL LANE CARLISLE,PA 17013 Defendant ORDER AND NOW,this Z Vo day of q %At , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. >_ BY THE COURT: C', ,-- ►= 7D 52 �x t�-CD � "Q a. ' c*) Q�- (` N V) Cu a_ __j J.Uj O 790515 r/ CC : Michael.J. Adams Joseph P. Schalk,Esq., Id. No. 91656 Attorney for Plaintiff �HELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101. 215-563-7000 ICHAEL J. ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17013 790515 Fit E1)-OFFICE' 41F THE PROTHONOTARY PHELAN HALLINAN,LLP Attorney,for Plaintiff Melissa J. Cantwell, Esq., Id. No.30891i013 AUG 12 AN 60' 01 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza P E I4 Pd S Y LVA N I A Philadelphia, PA 19103 Melissa.Cantwell@phelanhallinan.com 215-563-7000 DEUTSCHE BAND NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES CIVIL DIVISION VS. No. 13-2444-CIVIL MICHAEL J.ADAMS 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 MICHAEL J.ADAMS, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $132,894.78 TOTAL $132,894.78 I hereby certify that(1) the Defendant's last known address is 42 BEARS SCHOOL LANE, CARLISLE, PA 17013, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. AUG 0 9 20U Date Melissa J. Cantwell; Isq No.308912 AttorneNor PI ' tiff r DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: CL 790515 4Q g4o7 Pd PH#790515 PROTHONOTARY 790515 PHELAN HALLINAN,LLP Attorney for Plaintiff Melissa J.Cantwell,Esq., Id. No.308912 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Melissa.Cantwell @ phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR MASTR COURT OF COMMON PLEAS SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES , No. 13-2444-CIVIL VS. MICHAEL J. ADAMS 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 defendant(s) is/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.MICHAEL J. ADAMS is over 18 years of age and resides at 42 BEARS SCHOOL LANE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date AUG 0 9 2013 Phelan Hallinan,LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 191.03 21.5-563-7000 790515 Department of Defense Manpower Data Center Results as of:Aug-09.2013 12:12:21 SCRA 3.0 Status Rlepoirt Pursuant to Se- icomembera Civil Relief Act Last Name: ADAMS First Name: MICHAEL Middle Name: J Active Duty Status As Of: Aug-09-2013 On Active Duly On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response retied"the indNiiduais'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 Dale Status Service Component NA -NA - _ No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date ONer Notification End Date Status Service Component NA NA - .'No NA This response reflects whether the individuafor hislher unit has received eahy notiflcatiori 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. Ot Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236)-Revised DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES CIVIL DIVISION VS. No. 13-2444-CIVIL MICHAEL J.ADAMS Notice is give that a Judgment in the above captioned matter has been entered against you on Irk J If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 790515 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY AS TRUSTEE FOR MASTR CIVIC.DIVISION SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES NO. 13-2444-CIVIL Plaintiff V. CUMBERLAND COUNTY - MICHAEL J.ADAMS Defendant(s) TO: MICHAEL J.ADAMS 42.BEARS SCHOOL LANE CARLISLE,PA 17013 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse I ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By. - J 4ilhan Lo1il�Esg—kl.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#790515 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 MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS- THROUGH CERTIFICATES CIVIL DIVISION Plaintiff NO.: 13-2444-CIVIL V. MICHAEL J.ADAMS J CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $132,894.78 Interest from 08/13/2013 to Date of Sale $2,490.90 • ($21.85 per diem) rn Co 71, �'r= z c-) TOTAL $135,385.68 ©C D N i 6T Phelan Hallinan,LL =�c ? G-�r' Melissa J.Cantwell,Esq.,Id.No.308912= c� Attorney for Plaintiff .� N Note: Please attach description of property. PH#790515 Duu. l� 3y 78 C�� a� a( ���{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES Plaintiff V. MICHAEL J.ADAMS Defendant(s) PRAECIPE FOR WRIT OF EXECUTION. (Mortgage Foreclosure) Address where papers may be served: MICHAEL J.ADAMS Phelan Hallinan,LLP 42 BEARS SCHOOL LANE Melissa J.Cantwell,Esq.,Id.No.308912 CARLISLE,PA 17013 Attorney for Plaintiff -s LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township,Cumberland County, Pennsylvania,bounded and described in accordance with Subdivision for Robert Boyer prepared by Larry Vern Neidlinger,Professional Engineer,a draft of same consisting of four pages dated July 18, 1975 being recorded in the hereinafter named Recorder's Office in Plat Book 27,Page 103,as follows: BEGINNING at a point in the original center line of Thirty-three(33)feet with Bear's School Lane at the Northeastern corner of land now or formerly of Neal Bressler and wife,described in deed recorded in the hereinafter named Recorder's Office in Deed Book'H',Volume 25,page 946;thence along the Northern line of said land now or formerly of Neal Bressler and wife,South 72 degrees 59 minutes 50 seconds West,a distance of Three Hundred Eighteen and Seventy-seven Hundredths(318.77)feet to a point at the dividing line between Lots Nos. 10 and 13 of Section'C'as shown on said Subdivision Plan;thence along said dividing line between Lots Nos. 10 and 13 of Section'C',North 24 degrees 16 minutes 34 seconds West,a distance of Ninety-five and Six Hundredths(95.06)feet to a point in the dividing line between Lots Nos. 10 and 11 Section'C'as shown on said Subdivision Plan;thence along the dividing line between said Lots Nos. 10 and 11 of Section'C',North 59 degrees 05 minutes 36 seconds East,a distance of Two Hundred Ninety- nine and Fourteen Hundredths(299.14)feet to a point in the original center line of Thirty Three(33)feet wide Bear's School Lane;thence along the original center line of said Thirty-three(33)feet wide Bear's School Lane,South 30 degrees 54 minutes 24 seconds East,a distance of One Hundred Sixty-five(165)feet, more or less,to a point at the Place of BEGINNING. CONTAINING Thirty-six Thousand Four Hundred Fifty-nine and Seventy-five Hundredths(36,459.75) square feet exclusive of the roadbed of Bear's School Lane and being all of Lot No. 10 of Section'C'as shown on said Subdivision Plan for Robert Boyer recorded as aforesaid,plus a strip of land Twenty-five(25) feet in width lying between the Eastern line of said Lot No. 10 of Section'C'as shown on said Plan and the original center line of Thirty-three(33)feet wide Bear's School Lane,which Twenty-five(25).feet wide strip of land constitutes a portion of the roadbed of Bear's School Lane as shown on said Plan. TITLE TO SAID PREMISES IS VESTED IN Michael J. Adams,by Deed from Michael J. Adams and Bonnie S. Nesbit, dated 06/20/2006, recorded 07/11/2006 in Book 275, Page 2958. PREMISES BEING: 42 BEARS SCHOOL LANE,CARLISLE,PA 17013 PARCEL NO.46-07-0473-031 PHELAN HALLINAN, LLP F I L E ID-Off ICE Attorne s for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 O THE F R O T H ON O TA R� (' y 16177FK Boulevard, Suite 1400 2013 AUG 12 AM 10: 02 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNT V Melissa.Cantwell @phelanhallinan.com PENNSYLVANIA 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE : COURT OF COMMON PLEAS FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE : PASS-THROUGH CERTIFICATES : CIVIL DIVISION Plaintiff NO.: 13-2444-CIVIL V. MICHAEL J. ADAMS CUMBERLAND COUNTY 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 (X) Act 91 procedures have been fulfilled ( ) 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. B : Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES Plaintiff NO.: 13-2444-CIVIL V. CUMBERLAND COUNTY MICHAEL J.ADAMS Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES,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 42 BEARS SCHOOL LANE,CARLISLE,PA 17013. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MICHAEL J.ADAMS 42 BEARS SCHOOL LANE, _ CARLISLE,PA 17013 €j -- 2. Name and address of Defendant :> Defendant(s)in the judgment: �t,,,� E_ �f Name Address(if address cannot be reasonably ;.� ascertained,please so indicate) N c75 c MICHAEL J.ADAMS 42 BEARS SCHOOL LANE ri CARLISLE,PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real pro -be iM: Name Address(if address cannot be reasonably ascertained,please indicate) GREAT SENECA FINANCIAL P.O.BOX 1651 CORPORATION ROCKVILLE,MD 20849 GREAT SENECA FINANCIAL 267 EAST MARKET STREET CORPORATION YORK,PA 17403 C/O BRUCE CHERKIS,ESQUIRE GREAT SENECA FINANCIAL PO BOX 294 CORPORATION ENOLA,PA 17025 C/O PHILIP C.WARHOLIC,ESQUIRE GREAT SENECA FINANCIAL 267 EAST MARKET STREET CORPORATION YORK,PA 17403 C/O PHILIP C.WARHOLIC,ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) MERS,AS NOMINEE FOR NFW,INC.DB/A P.O.BOX 2026 NATIONAL FIDELITY FINANCE FLINT,MI 48501-2026 PH#790515 MERS,INC. FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA,FL 34474 MERS,INC. AS OF 12/6/10,1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 NFW,INC.DB/A NATIONAL FIDELITY 921 EAST FORT AVENUE FINANCE C/O E.L.T.G.,LLC SUITE 215 BALTIMORE,MD 21230 NFW,INC.DB/A NATIONAL FIDELITY 1111 LIGHT STREET FINANCE SUITE 100 C/O NATIONAL FIDELITY MORTGAGE BALTIMORE,VA 23120 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 42 BEARS SCHOOL LANE CARLISLE,PA 17013 MERS,AS NOMINEE FOR OCWEN LOAN P.O.BOX 2026 SERVICING,LLC FLINT,MI 48501-2026 OCWEN LOAN SERVICING,LLC 1661 WORTHINGTON ROAD SUITE 100 WEST PALM BEACH,FL 33409 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 PH#790515 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: AUG 0 9 2013 By: Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 191.03 215-563-7000 PH#790515 DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007- 02 MORTGAGE PASS-THROUGH CERTIFICATES CIVIL DIVISION Plaintiff NO.: 13-2444-CIVIL VS. CUMBERLAND COUNTY MICHAEL J.ADAMS Defendant(s) <<= G - , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY M., r f- TO: MICHAEL J. ADAMS o 42 BEARS SCHOOL LANE <F CARLISLE, PA 17013 _© —_, CD "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATj4N MAINED 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 42 BEARS SCHOOL LANE, CARLISLE,PA 17013 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$132,894.78 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES (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. 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 maybe entitled to 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township,Cumberland County, Pennsylvania,bounded and described in accordance with Subdivision for Robert Boyer prepared by Larry Vern Neidlinger,Professional Engineer,a draft of same consisting of four pages dated July 18, 1975 being recorded in the hereinafter named Recorder's Office in Plat Book 27,Page 1.03,as follows: BEGINNING at a point in the original center line of Thirty-three(33)feet with Bear's School Lane at the Northeastern corner of land now or formerly of Neal Bressler and wife,described in deed recorded in the hereinafter named Recorder's Office in Deed Book'H',Volume 25,page 946;thence along the Northern line of said land now or formerly of Neal.Bressler and wife,South 72 degrees 59 minutes 50 seconds West,a distance of Three Hundred Eighteen and Seventy-seven Hundredths(318.77)feet to a point at the dividing line between Lots Nos. 1.0 and 13 of Section'C'as shown on said Subdivision Plan;thence along said dividing line between Lots Nos. 10 and 13 of Section'C',North 24 degrees 16 minutes 34 seconds West,a distance of Ninety-five and Six Hundredths(95.06)feet to a point in the dividing line between Lots Nos. 10 and 11 Section'C'as shown on said Subdivision Plan;thence along the dividing line between said Lots Nos. 10 and 11 of Section'C',North 59 degrees 05 minutes 36 seconds East,a distance of Two Hundred Ninety- nine and Fourteen Hundredths(299.14)feet to a point in the original center line of Thirty Three(33)feet wide Bear's School Lane;thence along the original center line of said Thirty-three(33)feet wide Bear's School Lane,South 30 degrees 54 minutes 24 seconds East,a distance of One Hundred Sixty-five(1.65)feet, more or less,to a point at the Place of BEGINNING. CONTAINING Thirty-six Thousand Four Hundred Fifty-nine and Seventy-five Hundredths(36,459.75) square feet exclusive of the roadbed of Bear's School.Lane and being all of Lot No. 1.0 of Section'C'as shown on said Subdivision Plan for Robert Boyer recorded as aforesaid,plus a strip of land Twenty-five(25) feet in width lying between the Eastern line of said Lot No. 1.0 of Section'C'as shown on said Plan and the original center line of Thirty-three(33)feet wide Bear's School Lane,which Twenty-five(25).feet wide strip of land constitutes a portion of the roadbed of Bear's School Lane as shown on said Plan. TITLE TO SAID PREMISES IS VESTED IN Michael J. Adams, by Deed from Michael J. Adams and Bonnie S. Nesbit, dated 06/20/2006, recorded 07/11/2006 in Book 275, Page 2958. PREMISES BEING: 42 BEARS SCHOOL LANE,CARLISLE,PA 17013 PARCEL NO.46-07-0473-031 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2444-CIVIL DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUGH CERTIFICATES V. MICHAEL J.ADAMS owner(s) of property situate in WEST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 42 BEARS SCHOOL LANE, CARLISLE PA 17013 Parcel No. 46-07-0473-031 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $132,894.78 Attorneys for Plaintiff Phelan Hallinan, LLP i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2444 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 MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PASS- THROUGH CERTIFICATES Plaintiff(s) From MICHAEL J.ADAMS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S),as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $132,894.78 L.L.: $.50 Interest from 08/13/2013 to Date of Sale($21.85 per diem)-$2,490.90 Atty's Comm: Due Prothy:$2.25 Atty Paid:$183.53 Other Costs: Plaintiff Paid: Date: August 12,2013 David D.Buell,Prothonota (Seal) y: Deputy REQUESTING PARTY: Name: MELISSA J.CANTWELL,ESQUIRE Address:Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone:215-563-7000 Supreme Court ID No.308912 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST 2007-02 MORTGAGE PH#790515 PASS-THROUGH CERTIFICATES DEFENDANT SERVICE TEAM/1xh MICHAEL J.ADAMS COURT NO.:13-2444-CIVIL SERVE MICHAEL J.ADAMS AT: TYPE OF ACTION C-) r»a n 42 BEARS SCHOOL LANE XX Notice of Sheriff's Sale (= --i CARLISLE,PA 17013 SALE DATE: December 4,201b:X =-n -0 f— SERVED U CD erved and mad own to MICHAEL J.ADAMS-,Defendant on the_20 day of No-'�T 20 X- J/M.,at V*X- in the manner described below: T. Tr C7 " Defendant p rsona'lly served. 3 C-) Adult family member with whom Defendant(s)reside(s). —C= Relationship is —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: t I I es Description: Age 40 1 Height Weight Z7D Race VJ— Sex—Other to, '+ Mwqv 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 unswom falsification to authorities. DATE:. 6 7 NAME: gn&�� PRINTED NAME: /m�* TITLE: qhtfs� 9*vg � NOT SERVED On the day of 20—,at o'clock_.M.,1, a competent adult hereby state that Defendant NOT MOUND 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 unswom 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 .s_ I 2 3 C 1 7 Ati 10: 1 0 PHELAN HALLINAN,LLP Attorney for 1laintiff John Michael Kolesnik,Esq.,Id.No.308877 , .,1t 3ERL AND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR MASTR . SPECIALIZED LOAN TRUST 2007-02 COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES . Plaintiff, CIVIL DIVISION v. No.: 13-2444-CIVIL MICHAEL J.ADAMS 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 .s d/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached • ,∎ - bit"A". Jo■ � ael Kolesnik,Esq.,Id.No.308877 Date: i ttorney for Plaintiff IMPOR ANT 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#790515 Name and Phelan Hailinan.L,LP • Address a* 1611 JPK Boulevard,Suite 1400 Ot Sender One Penn Carver Plaza Philadel.•la,PA 19103 AZE/CET- 7=, In��i N a m e t,.- Shoe and Post Office Address I 4/2023 SALE .: U.S.Ikpartaxai of Joatice Pos a, • t < US.Attorney for the MIS District of PA 4 -- Federal Building 50.46 F� 0 228 Walnut Street,Suite 220 Y PO Box 11754 Harrhbu PA 1710E-1759 4 , ti N LOANSPR VICING,LLC :.e . 1661 WORTHINGTON ROAD SC111£100 BOAS 1V837 PAI EST BEACH F1 33409 • t i--7:t:°;'‘;`t,';‘1'.-: Com a Reletiare of `Yt, ?.. rlend County !,-j 4 T td`: IIII ME 13 North t3aaover Street .. OAS PA 17013 7 El .Cumatenwealtb of Peaaatylvaata Department of Welfare P.O.Box 2675 $0.43 tiarrt&; ?;PA 17105 s M Infernal Ravenna Service Advisor) 1tlt�l • Liberty Avenue Room 704 i . PA/5222 $0.45 ---_., ;RE:A#iC/3Af1 J.ADAMS CLi44B'ELAND _Pfl#790515/1021 Pa e 2 of 3 Writ Team ~ YLUt Number of htdNaerefl'getcs Pipes lamed 6y5esk+ +trdat Rut Ltn4,z .ttriM+mau! The kW m_•�,�.-.- - '..°,..-..� . . isaeivia0b►to?tict .leeYratttn.>f tytppp Is dncenxyts meAu M ufkvnvtirrnal rat�temd mu l 7i,e matlmtia;udrrii ax the tm++ttlu[t na Nnoune t x'orlon to t ant et'SrPO Ca'prr rrme.The - • ._.__._�„,„�...._.... 99fe'muwnwro i,Uevv,k ttm¢y[Ymnr mUtnu,It PvtYkae• ctautwm tm�ur�nac s�S.,A.tXvlpq Farm 3R7T Facsimile CXpeyt Malt eu,{,IA 14 1.1 @84010 5 91 3 eK1373,fulnwuYns Wuvenge: ".^y;n.carnr.4ee tbmuw Mt trur,i • • • • • A, : i • • • • • • ti • 4- Name and Plan iiallinan.;LP �' Address 1517 JFK Baaascvs..J Suite 1400 l i Of Sender One Penn C n e:Plaza i lib 4,1. F t Ahila t hia.PA 19103 411. •`® sii® Article Number Name utAddr>r�ter AZKICET-IZY14�20L1SALE 8 Post Adds$s TENANT/OCCUPANT Past.,e umirin 42 BEARS SCI1£?OI,1 AhE 1 CARETS' PA 17013 $0.49 ; a y ; GREAT SENECA FINANCIAL CORPORAT10A1 IIIIIIIIIIIIIIII P.O BOX 16 I ra g ROCKVILLE,IVID2Glc49 $0.45 •••■ GREAT 1' �� �'� , ECCA FINANCIAL CORPORATION CIO BRUCE CUIERKIS, ESQUIRE 167 AST MARKET STREET Y:,IMA A • $0.45 ° Tib mi GREAT SENECA NANCIAL CORPORATION C!Q Ql ESOW ' PO BOX 294 HMO C >~SQU1ftE �" FINOI..A PA 17025 * S1).45 GREAT SENECA FINANCIAL CORPORATION C/O PHILIP C,WARUO,,.IC,ESQUIRE MI 1EAST,D 1ARKLT STREET $0 4S v26.07' PA 17603 * 'MRS,AS NOMINEE FOR NF1A,INC.DIBlA NATIONAL.FIDELITY FINANCE; P O,BOX 2026 $0.45 MI FLINT MI AMY-2026 MERS,ASNOMINEBFOROCWEN LOANSERVICIN;,LLC MEI P.O.84X 2{110 T MI4 501-2016 $0.45 MI I E.INC, 14dI E X!)01Iii1F1 SSIR1 STREET,�tt1MTC . i3ANVIIIt 61834 $0.45 .. N21 1 MC,DMA NATIONAL FIDELITY FINANCE C 921 AVENUE CAD E t..T,CM LLC 50449 .^" BALI1IVIt3R ..MD 21230 F, NM SUITE 2IS * NFW,ITG.Ia A NATIONAL FIDELITY PENANCE C/O NATIONAL FIDELITY MORTGAGE c`5 1111 LIGEr sum SUITE 100 ill El $ i AI. t,I,, • % 120. �l RE:TNIa i .. AD :' a �.+,J r+ ■�,. 'Nee 4attleearr _.,... , PkaeaElYedeY3tmdet 'ewaM >,r , Rscsiroda.i.0 OA* ) ut dmemalim*1, ' " '�N« ama sit damralc wwAinirnpivpe,,,y:4urraiA TMawmumuntwa.mt..« � al5tatcfptejs!<tall regret. Me The .,i,,.i tee tyr niettcsA F.ApIr.ituur,nt ix$50,X0 per t 5.5W.f30p CO pct t>rraieaut: rnitatlni Farm 3 f Facsimile .Spear eee meta tMcee- •s' ,farm 9ned Want ft.;.Mee vowel Nest's.,Set4ta7 rtzrs}antflaa a Mani 1> ta SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson �!/ c�-0, .. Sheriff JodyS Smith *' r111110 Chief Deputy 2�0llhjAN' 15 Richard VVStevxart I��~ � ��U� / y Solicitor �F/CuOr/msSwen/pr - -- -�' Deutsche Bank National Tr Trust- Case Number vs. | 3013-2444 Michael JAdams | SHERIFF'S RETURN OF SERVICE 09/20/2013 03:39 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, NodceandOaucrpUon. ondSo|eHandbiUinUhe above titled action, upon the property located at 42 Bears School Lane, West Pennsboro, Carlisle, PA 17O13. Cumberland County. 09/20/2013 03:39 PM ' Deputy Ryan Burgett, being duly sworn according holaw, served the requested Real Eobaby VV/it. Notice and Deocripdon, in the above titled nutinn, by making known its contents and at the same time personally handing a true copy toa person representing themselves tobe the Defendant,towit: Michael J Adams at 42 Bears School Lane, West Pennsboro, Carlisle, PA 17013, Cumberland County. 11/27/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 01/07/2014 Ronny RAndemon. Qhariff, being duly sworn according to |nw, states that this writ is returned ^stayad'', per letter nfinstruction from Attorney. SHERIFF COST: $712.47 SO ANSWERS, January 14, 2014 RONNY RANDERGC)N. SHERIFF �2.�� Ae?* 3,0 0 1/99 wo""mxom*Sheriff,n"/eosov.m= On August 16, 2013 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 42 Bears School Lane, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 16, 2013 By: Real Estate Coordinator s s �E r^L, r;�N+� L0 �1: �` Q c� LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2444 Civil Term DEUTSCHE BANK NATIONAL TRUST Z'OMPANY v3� MICHAEL J.ADAMS Atty.:Joseph Gchalk By virtue of a Writ of Execution No. 13-2444-CIVIL, DEUTSCHE BANK NATIONAL TRUSt COMPANY AS TRUSTEE FOR MkSTR SPE- CIALIZED LOAN TRUST 2007-02 MORTGAGE PASS-THROUbH CER- TIFICATES v. MICHAEL J. ADAMS owner(s)of property situate in WEST PENNSBORO TOWNSHIP,CUMBER- LAND County, Pennsylvania, being 42 BEARS SCHOOL LANE, CAR- LISLE,PA 17013. Parcel No.46-07-0473-031. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$132,894.78. 15 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: October 11, October 18 and October 25, 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 Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 5 dav of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 .—,-The Patriot-News Co. 2020 Technology Pkwy t4e a Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: -- 2013-2444 Civil Term 10/13/13 DEUTSCHE BANK NATIONAL 10/20/13 TRUST COMPANY VS. \ 10/27113 MICHAEL J ADAMS Atty: Joseph Schalk ' / -- By virtue of a Writ of Execution No. �f. . :/ . . . . . . . .. . . . 13-2444-CIVIL DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MASTR Swor to and subscribed before me this 11 day of November, 2013 A.D. SPECIALIZED LOAN TRUST 2007- 02 MORTGAGE PASS-THROUGH CERTIFICATES v � L d a � Y� I I 0J MICHAEL J.ADAMS Notary C owner(s) of property situate in WEST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being COMMONWEALTH OF PENNSYLVANIA 42 BEARS SCHOOL LANE,CARLISLE, PA 17013 H'PEMNN nn Warfel Seal Notary Parcel No.46-07-0473-031 Notd Public (Acreage or street address) WI sl n Ex Dauphin Coup Improvements thereon: RESIDENTIAL ISSIOn plres Dec.22,2 16 DWELLING 67Er7BER, SYLVANIA ASSOaAT IO OF NOTARIES Judgment Amount:$132,894.78 • i b E R E 7 r't. k: i I1W PThoI'o IAR'; 21314JAN 15 PH I: 59 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY : Court of Common Pleas AS TRUSTEE FOR MASTR SPECIALIZED LOAN : TRUST 2007-02 MORTGAGE PASS-THROUGH : Civil Division CERTIFICATES Plaintiff : CUMBERLAND County v. : No. 13-2444-CIVIL MICHAEL J.ADAMS Defendant(s) PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. I Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate t e Judgment entered. Date: ( ((5 1`i P AN HALLINAN LP B �� 4 ' 1 y Ai 'fir_ Josep DeBarberie, Esq., Id. No.315421 ttomey for Plaintiff PH# 790515 0,,,,,A , ), , c..,-,,a ct.- c t_Ak 13-)L4 u ---?..k . 30s67-) ,. Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY : Court of Common Pleas AS TRUSTEE FOR MASTR SPECIALIZED LOAN : TRUST 2007-02 MORTGAGE PASS-THROUGH : Civil Division CERTIFICATES . Plaintiff : CUMBERLAND County v. : No. 13-2444-CIVIL MICHAEL J.ADAMS Defendant(s) CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: MICHAEL J. ADAMS 42 BEARS SCHOOL LANE CARLISLE, PA 17 13 Date: ( 14 PHELAN HALLINAN, LLP By% -I ,L.., 4-‘ . ...f Josep DeBarberie, Esq., Id. No.315421 ttorney for Plaintiff