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HomeMy WebLinkAbout14-3935 Supreme Court of-Pennsylvania , Cour Comm :.Pleas For Prothonotary Use Only: CUPFil, eP et , IFAk County Docket No: The information collected on this form is used solely for court administration purposes. This form does not su) letnent or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S E Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: DEUTSCHE BANK NATIONAL 'Lead Defendant's Name: BRIAN M. MORROW C TRUST COMPANY,AS TRUSTEE FOR ARGENT T SECURITIES INC.,ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 IDollar Amount Requested: ❑ within arbitration limits Are money damages requested? El Yes ❑x'No (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen Esq., Id.No.317124, Phelan Hallinan, LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) =�N�ature,ofase: Place an."X"to the left of the ONE case category that most accurately describes your PRIMARY CASE:If you.are making more than one type of claim, check the one that you coristder most important: TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include muss tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T , I MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations E Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Quiet Title ❑ Other: ❑ Legal ❑ Medical ❑Other: ❑ Other Professional: Pa.R.CA 205.5 Updated 01/01/2011 � f 4 JUL -7 CU"18' 9 4?. p���Ns� V c AN/A PHELAN HALLINAN, LLP Michael Dingerdissen,Esq.,Id.No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF t Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., COURT OF COMMON PLEAS ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 CIVIL DIVISION C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 TERM WEST PALM BEACH, FL 33409 NO. Plaintiff V. CUMBERLAND COUNTY BRIAN M. MORROW 350 WEST PENN STREET CARLISLE, PA 17013-2232 DONNA L. MORROW 350 WEST PENN STREET CARLISLE,PA 17013-2232 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE jw+ 10377 f' File#: 943807 / / 3ywq �� �6 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN M. MORROW 350 WEST PENN STREET CARLISLE, PA 17013-2232 DONNA L. MORROW 350 WEST PENN STREET CARLISLE, PA 17013-2232 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/10/2005 BRIAN M. MORROW and DONNA L. MORROW made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1918, Page 3921. By Assignment of Mortgage recorded 02/24/2011 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201106396. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. I File#: 943807 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 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. 6. The following amounts are due on the mortgage as of 04/02/2014: Principal Balance $53,965.86 Interest $3,795.80 05/01/2013 to 04/02/2014 Late Charges $803.29 Property Inspections $126.00 Appraisal/Brokers Price Opinion $684.00 Prior Servicer Fees (Property Inspections) $195.30 Prior Servicer Fees (Appraisal/BPO) $410.00 Escrow Deficit $292.26 TOTAL $60,272.51 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)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 Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File#: 943807 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 943807 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of$60,272.51,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 HALLINA P By: Michael roger issen,Esq.,Id.No.317124 Attorney for Plaintiff VERIFICATION 1, Duane Thompson ,hereby state that I am Contract Management Coordinator of OCWEN LOAN SERVICING,LLC,mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to OCWEN LOAN SERVICING, LLC for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. OCWEN LOAN SERVICING, LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account,and am authorized to make this verification. I hereby verify that the statements made 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. §4904 relating to unsworn falsification to authorities. DATE: Name:Duane Thompson Title: Contract Management Coordinator OCWEN LOAN SERVICING,LLC as servicer for DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR ARGENT SECURITIES INC.,ASSET-BACKED PASS- THROUGH CERTIFICATES,SERIES 2005-W3 File#: 943807 Name: MORROW File#: 943807 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage; being known and numbered as 350 West Penn Street, Carlisle, Pennsylvania. PROPERTY ADDRESS: 350 WEST PENN STREET, CARLISLE, PA 17013-2232 PARCEL #05-20-1798-212 File#: 943807 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE "'M4SttERIFF :JUL I it=1 CUMBERLAND PENNSYLVANIA Deutsche Bank National Trust Company vs. Brian M Morrow (et al.) Case Number 2014-3935 SHERIFF'S RETURN OF SERVICE 07/08/2014 02:24 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Donna L. Morrow at 350 W. Penn Street, Carlisle Borough, Carlisle, PA 17013. DEMVIS FRY, P 07/08/2014 02:24 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Donna Morrow, wife, who accepted as "Adult Person in Charge" for Brian M Morrow at 350 W. Penn Street, Carlisle Borough, Carlisle, PA 17013. SHERIFF COST: $50.78 SO ANSWERS, July 09, 2014 (c) CountySuite sh nef, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST : CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET- : COURT OF COMMON PLEAS BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 : CIVIL DIVISION c-� vs. : No. 14-3935 CIVIL —U BRIAN M. MORROW z DONNA L. MORROWr cn 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 BRIAN M. MORROW and DONNA L. MORROW, 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 TOTAL $60,272.51 $60,272.51 I hereby certify that (1) the Defendants' last known address is 350 WEST PENN STREET. CARLISLE, PA 17013-2232, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /0/9/JL/ Attorri DAMAGES ARE HEREBY ASSESSED AS INDICATED. e DATE: PH # 943807 an, Esq., Id. No.318079 r :Plain PROTHONOTARY ALAI/Li CK /41/..26(.8 & 31J (€L f'2 t 943807 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 vs. BRIAN M. MORROW DONNA L. MORROW Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-3935 CIVIL 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) BRIAN M. MORROW and DONNA L. MORROW 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, as amended. (b) that defendant BRIAN M. MORROW is over 18 years of age and resides at 350 WEST PENN STREET, CARLISLE, PA 17013-2232. (c) that defendant DONNA L. MORROW is over 18 years of age and resides at 350 WEST PENN STREET, CARLISLE, PA 17013-2232. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 10///it( 111111M Moan, LLP Paul im man, Esq., Id. No.318079 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 943807 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 Plaintiff v. BRIAN M. MORROW DONNA L. MORROW Defendant(s) TO: BRIAN M. MORROW 350 WEST PENN STREET CARLISLE, PA 17013-2232 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO, 14-3935 CIVIL CUMBERLAND COUNTY 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 DA PE 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH 4 943807 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND 'OUNTY COURTHOUSE 32 SOUTI -,DFORD STREET CARIISFE, PA 17013 249-3166 Justin Kobeki. Esq., id, No.200392 AItorne or Plaintiff Phelan '-nan. LLP 1617 JJ Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 Plaintiff v. BRIAN M. MORROW DONNA L. MORROW Defendant(s) TO: DONNA L. MORROW 350 WEST PENN STREET CARLISLE, PA 1701 -223 DATE OF NOTICE:' COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-3935 CIVIL CUMBERLAND COUNTY 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 943807 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUBEDFORD STREET C '' SIE; PA 17013 7) 249-3166 .Justin ' Kobeski, sq., Id. No.200392 Attorn for P1ainti Phelan .:Iallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Department of Defense Manpower Data Center Status Report Pursuant to Servicernembers Civil Relief Act Last Name: MORROW First Name: DONNA Middle Name: L Active Duty Status As Of: Oct -09-2014 Results as of : Oct -09-2014 12:07:32 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Stan Date Order Notification End Date Status Service Component NA NA No - NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 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 Status) .Report Pursuant to. Servicemembens civil. Relief Act Last Name: MORROW First Name: BRIAN Middle Name: M Active Duty Status As Of: Oct -09-2014 Results as of : Oct -09-2014 12:07:20 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Stan 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 Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA _ No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data. Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 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 ARGENT : SECURITIES INC., ASSET-BACKED : COURT OF COMMON PLEAS PASS-THROUGH CERTIFICATES, SERIES 2005-W3 : CIVIL DIVISION vs. : No. 14-3935 CIVIL BRIAN M. MORROW DONNA L. MORROW Notice is given that a Judgment in the above captioned matter has been entered against you on /Q//p//y If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Paul Cressman, Esq., Id. No.318079 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA 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.** 943807 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Deutsche Bank National Trust Company, as Trustee for Argent Securities : COURT OF COMMON PLEAS Inc., Asset -Backed Pass -Through Certificates, Series 2005-W3 Plaintiff : CIVIL DIVISION v. : NO.: 14-3935 CIVIL Brian M. Morrow Donna L. Morrow Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due : CUMBERLAND COUNTY $60,272.51 Interest from 10/11/2014 to Date of Sale $1,436.95 ($9.91 per diem) TOTAL $61,709.46 Note: Please attach description of property. PH # 943807 0,7 n Halhnan, LLP o athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff La 50C,L CL 11-319P?a wyt eli&ar-Ae./ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage TITLE TO SAID PREMISES VESTED IN Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties from Ronald L. Morrow and Loretta A. Morrow, his wife in a deed dated 5/31/1996, recorded 6/10/1996 in Book 140 Page 731. PREMISES BEING: 350 West Penn Street, Carlisle, PA 17013-2232 PARCEL NO. 05-20-1798-212 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@ phelanhallinan.corn 215-563-7000 Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset -Backed Pass -Through Certificates, Series 2005- W3 Plaintiff v. Brian M. Morrow Donna L. Morrow Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14-3935 CIVIL CUMBERLAND County 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 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: an allinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset -Backed Pass -Through C erlficates, Series 2005-W3 Plaintiff v. Brian M. Morrow Donna L. Morrow Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14-3935 CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset -Backed Pass -Through Certificates, Series 2005-W3, 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 350 West Penn Street, Carlisle, PA 17013-2232. ] . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Brian M. Morrow 350 West Penn Street Carlisle, PA 17013-2232 Donna L. Morrow 350 West Penn Street Carlisle, PA 17013-2232 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Brian M. Morrow 350 West Penn Street Carlisle, PA 17013-2232 Donna L. Morrow 350 West Penn Street Carlisle, PA 17013-2232 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. PH # 943807 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 350 West Penn Street Carlisle, PA 1701.3-2232 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: /O /301( /if PH # 943807 By: Phel allinan, LLP Jot .�an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Deutsche Bank National Trust Company, as Trustee for Argent : COURT OF COMMON PLEAS Secprities Inc., Asset -Backed Pass -Through Certificates, Series :1 CIVIL DIVISION Plaintiff : NO.: 14-3935 CIVIL vs. CUMBERLAND County Defendant(s) -o rl rri -j (fl1-- ar-r1 C-) CD ^;:rj Cr' Brian M. Morrow Donna L. Morrow NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brian M. Morrow Donna L. Morrow 350 West Penn Street Carlisle, PA 17013-2232 **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 350 West Penn Street, Carlisle, PA 17013-2232 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $60,272.51 obtained by Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset -Backed Pass -Through Certificates, Series 2005-W3 (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. ' ' 4 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.) LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage TITLE TO SAID PREMISES VESTED IN Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties from Ronald L. Morrow and Loretta A. Morrow, his wife in a deed dated 5/31/1996, recorded 6/10/1996 in Book 140 Page 731. PREMISES BEING: 350 West Penn Street, Carlisle, PA 17013-2232 PARCEL NO. 05-20-1798-212 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 Vs. NO 14-3935 Civil Term CIVIL ACTION — LAW BRIAN M. MORROW DONNA L. MORROW WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $60,272.51 L.L.: $.50 Interest FROM 10/11/2014 TO DATE OF SALE ($9.91 PER DIEM) - $1,436.95 Atty's Comm: Atty Paid: $199.53 Plaintiff Paid: Date: 10/31/2014 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, 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. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary �P_ Deputy ti AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 DEFENDANT BRIAN M. MORROW • DONNA L. MORROW SERVE BRIAN M. MORROW AT: 350 WEST PENN STREET CARLISLE, PA 17013-2232 CUMBERLAND COUNTY PH # 943807 SERVICE TEAM/ Ixh COURT NO.: 14-3935 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 SERVED Served and made known to BRIAN M. MORROW Defendant on the /Stay �f No tltjv /1 A 2014_ 3 t So , o'clock M., at 35o W PPNA1 ST; 61121-1 Sts, P4 , in the manner described below:cr _ Defendant personally served. ,/Adult family member with whom Defendant(s) reside(s). Relationship is W i Fe, . _ 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. c.: • at GC Other. Description: Age k5r) Height 5 tS " Weight 46 Race W Sex Other Ronald Moll 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: 41114" NAME: PRINTED NAME: Ronald Moll TITLE: Proccss Server NOT SERVED On the day of, at o'clock . M., I, state that Defendant NOT FOUND because: Vacant Does Not Exist , a competent adult hereby 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: