Loading...
HomeMy WebLinkAbout06-6159PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141831 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Cq NO.OL -??? 1 1. l v t,? 't CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 141831 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 141831 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/30/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MERITAGE MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1939, Page: 2616. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 141931 6. The following amounts are due on the mortgage: Principal Balance $714,381.28 Interest 25,644.68 05/01/2006 through 10/11/2006 (Per Diem $156.37) Attorney's Fees 1,250.00 Cumulative Late Charges 994.20 01/30/2006 to 10/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 742,820.16 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 742,820.16 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 742,820.16, together with interest from 10/11/2006 at the rate of $156.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN AL IN N & SCHMIEG, LLP By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141831 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT-OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 BEING the same premises which CLAYPOOL III-TIDAY, LLC, by Fee Simple Deed dated March 31, 2005, and recorded April 5, 2005, in the Office of the Recorder of Deeds in and for the City of Mechanicsburg, County of Cumberland, Pennsylvania, in Book 268, Page 1376, granted and conveyed unto NEELU ENTERPRISES, INC., in fee. File #: 141831 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. to tl ?b DATE: -blLe¢" FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff .CQ of d n C__. E= O C-) rv w r 0 r 23 ate' ym (1013 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06159 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOHMAND JEANNIE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MOHMAND JEANNIE but was unable to locate Her in his bailiwick. He therefore returns the r n T R T1T T TTTT A/f/?T')T Tn n T)Tn , NOT FOUND , as to the within named DEFENDANT MOHMAND JEANNIE 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 1949 MONTEREY DRIVE IS VACANT. Sheriff's Costs: So answers* Docketing 18.00 ,. Service 8.80 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumb land County .00 41.80E PHELAN HALLINAN SCHMIEG 11/16/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOHMAND JEANNIE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MOHMAND JEANNIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On November 16th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline'- Postage .63 Sheriff of Cumberland County .00 25.63 11/16/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOHMAND JEANNIE GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOHMAND JEANNIE the DEFENDANT , at 1842:00 HOURS, on the 1st day of November 2006 at 4020 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to JEANNIE MOHMAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 26.56,/ 11/16/2006 i1h6I0(, I? PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sher' f of , A.D. In The Court of Common Pleas of Cumberland. County, Pennsylvania Deutsche Bank National Trust Company vs. Jeannie Mohmand No. 06-6159 civil Now, october 24 , 2006 , I, SHERIFF OF CUNMERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Sues Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before one this day of 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA (?ffitP f t4r o hrrfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania DEUTSCHE BANK NATIONAL TRUST COMPANY vs County of Dauphin MOHMAND JEANNIE Sheriff's Return No. 1749-T - - -2006 OTHER COUNTY NO. 06-6159 AND NOW:November 14, 2006 at 2:04PMserved the within COMPLAINT IN MORTGAGE FORECLOSURE upon MOHMAND JEANNIE by personally handing to JEANNIE MOHMAND DEFENDANT 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3120 PARKVIEW LANE HBG, PA 17111-0000 Sworn and subscribed to before me this 14TH day of NOVEMBER, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? k er:? Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs:$35.25 PD 10/261/2006 RCPT NO 222893 SCHAEFF PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEANNIE MOHMAND, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $742,820.16 Interest from 10/12/06 to 12/27/06 $12,040.49 TOTAL $754,860.65 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ff Utar?) DANIEL G. SCHMIEG, ESQUIR?? Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Ouz. ? SOD PRO PROTHY 141831 -^ ' -Ti (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2006-3 CIVIL DIVISION NO. 06-6159 CIVIL TERM Plaintiff, v. JEANNIE MOHMAND Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200(, . By: DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY PASS- THROUGH CERTIFICATES, SERIES 2006-3 : CIVIL DIVISION Plaintiff Vs. JEANNIE MOHMAND Defendants CUMBERLAND COUNTY NO. 06-6159-CIVIL TERM TO: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 FIL E DATE OF NOTICE: DECEMBER 6, 2006 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 " ? I - - -.:,- S: F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY PASS- THROUGH CERTIFICATES, SERIES 2006-3 : CIVIL DIVISION Plaintiff Vs. JEANNIE MOHMAND Defendants : CUMBERLAND COUNTY :NO. 06-6159-CIVIL TERM TO: JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050-7050 FILE 4 DATE OF NOTICE: DECEMBER 6, 2006 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP ?By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY PASS- THROUGH CERTIFICATES, SERIES 2006-3 : CIVIL DIVISION Plaintiff Vs. JEANNIE MOHMAND Defendants CUMBERLAND COUNTY NO. 06-6159-CIVIL TERM TO: JEANNIE MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 F DATE OF NOTICE: DECEMBER 6, 2006 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEANNIE MOHMAND is over 18 years of age and resides at, 3120 PARKVIEW LANE, HARRISBURG, PA 17111. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ka?7uj H ? DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?: oe ? d\' -? ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. No. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/27/06 to 6/13/07 (per diem -$124.09) TOTAL $754,860.65 $20,847.12 and Costs $775,707.77 t 0, L chnc6m? DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141831 oz Hd ox a el °W zOaW ? o c a ` ?Wx? x Ha ??.; z HWHW O a ? u o xaaw zF a mp t U W ? ? Q ? W U W x? H ? ?a W ? O a ?V AU Lou v ?} ? ? .r ._ ? .yr ` ` Y lY_i r V 10 1 1 ,%a 1 cn ' o U- CIS . L a %4' Li 0, -a w V O to Q a a w 3 a 0 N M iii TA b d a a _ T v Ji c ? GJ r CY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6159 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff (s) From JEANNIE MOHMAND (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 $754,860.65 L.L. $.50 Interest FROM 12/27/06 TO 6/13/07 (PER DIEM - $124.09) - $20,847.12 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $175.99 Plaintiff Paid Date: JANUARY 4, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Other Costs ueputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2006-3 CIVIL DIVISION Plaintiff, V. NO. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a'?Mlj '?J' L NIAX DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rv o ? r-' : a l `? N DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1 949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JEANNIE MOHMAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 3120 PARKVIEW LANE HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. December 27, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C r-nv ??a5 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-6159 CIVIL TERM December 27, 2006 TO: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $754,860.65 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE NB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT- OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT- OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/06/2006, in Deed Book 273, page 269. C --' R' nic '- 6 146. r , AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY LLD COMPANY, AS TRUSTEE FOR MORGAN No. 06-6159 CIVIL TERM STANLEY PASS-THROUGH ? IN 1931 CERTIFICATES, SERIES 2006-3 ACCT. #1127054408 DEFENDANT(S) JEANNIE MOHMAND Type of Action SERVE: JEANNIE MOHMAND - Notice of Sheriff's Sale 3120 PARKVIEW LANE Sale Date: JUNE 13, 2007 HARRISBURG, PA 17111 SERVED Served and made known to Seo_ r,h i e M off m c: Defendant, on the ` day of Ua ova r-r , 200? at 2 I 0 , o'clock to .m., at 3110 Pcirkv * c w La in e I t? u rr .'s by ? P 4- i , Commonwealth of Pennsylvania, in the manner described below: _ _Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age -1-0? Height -it±! Weight jjO Race _() Sex F Other I, G o ci-a61G DSnn `s C. 14-jbv,-a competent adult, being duly sworn according to law, depose and state 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. Sworn to and subWiibed before a this U dad( of 200 , Notary: AR3-1-- By: ' A W 16W VA III RYAtJ P GALV':N1, "otary Public City of Phila. County My Commission Lxp;,es Pocernber 21, 2008 On the day of n 411_17 T 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200 at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of, 200. Notary: By: Attorney for Mintiff Daniel G. Schmleg, Esquire I.D. No. 62205 Vacant 2nd Attempt: / / Time: N Q V'l ? O _? lt"J -TI ..? Ccn W N SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR No.: 06-6159 CIVIL TERM MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 VS. JEANNIE MOHMAND AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. l DANIEL SCHMIEG, ESQ Attorney for Plaintiff May 23, 2007 r r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JEANNIE MOHMAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 3120 PARKVIEW LANE HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HARRISBURGH ACADEMY 10 ERFORD RD. WORMLEYSBURG, PA 17043 J0 A. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. May 23, 2007 r` DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff i o 1. w 'A 6 V ag ? h b o W ? p F N E V {V? f '.} QQO V d ;? ? > d ? A O m -? obw H Q ? aooay W ? ? R E^ ? raj p,, ? b a vi J+ w ?? Ewa d ? O U U w W ? ? o q A d ^+' ? 4 U ? ? N d' S1-f rU/1 Q ? oo g W E... ? a Z' O M p 0 x O o I ON a ? d = a? as o a ? ? `? z p U s z `.p tJ ,/} d' C? C u N M z?0 J. M b V'1 ?W d? F O o ? ? W r! U p? cd ? ? O Uw•`? O ?O a LI d r? 0 d0 O d a ? w ag ? ? oo.3atz wwa3 a?idw 0l6 L 3 oo Lzvooo o .? y' 3 ' o 4 LOOZ ltiJ? Vdl Zo 6'00 s o.- 09 ?? t d ' S 9 p a ? ? U O O I w tU.. ? .r1 ? U T Q ? yy` o .0 5 U o?°S •o H?°.o°o h O S ? w w a n .5 10 U A R, •? e o u? 0 wy ? ? 0 0 ,,aa 0 HJ?w? a 0 a G? 7 5 d ?+r? A p a w (? h o Ud ? a ? a O 4 o ? Fz, p q Q b B z x ° ? ? °a `m a z d .? h Q V z . .-r N M 7 Vl ?O r- 00 0? rl N nti M r•y v .--1 m ? U a F (? f--? - ?...i •.a ?T + ... _ y:.. ,.-? t_ _ i - .1 r _? i -?. t„ , "S Deutsche Bank National Trust Company, as In The Court of Common Pleas of Trustee for Morgan Stanley Pass-Through Cumberland County, Pennsylvania Certificates, Series 2006-3 Writ No. 2006-6159 Civil Term VS Jeannie B. Mohmand Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2007 at 1430 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Jeannie B. Mohmand, by making known unto Manam Mohmand, mother in law of defendant, at 4020 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2007 at 10 10 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeannie B. Mohmand, at 1949 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeannie B. Mohmand, by regular mail to her last known address of 4020 Lisburn Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 21.45 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 23.04 Levy 15.00 Surcharge 20.00 Law Journal 431.00 Patriot News 466.01 Postpone Sale 40.00 Share of Bills 16.17 $1,094.17 col' 0?b So Ans R. Thomas Kline, Sheriff BY e Real Estate rgeant X1.5 too M 1jjj DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JEANNIE MOHMAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 3120 PARKVIEW LANE HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None AV 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. December 27, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 160OL4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. CUMBERLAND COUNTY No. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant(s). December 27, 2006 TO: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, 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, 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff s Sale on NNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $754,860.65 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distrib tion of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This sched, le 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB,. DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT- OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT- OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/06/2006, in Deed Book 273, page 269. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6159 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff (s) From JEANNIE MOHMAND (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 $754,860.65 L.L. $.50 Interest FROM 12/27/06 TO 6/13/07 (PER DIEM - $124.09) - $20,847.12 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $175.99 Other Costs Plaintiff Paid Date: JANUARY 4, 2007 (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 G"".,.D 41 Real Estate Sale # 15 On January 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 1949 Monterey Drive, Mechanicsburg, Hampden Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2007 By: Real Esta Sergeant "I E: I I V o- NVF LOOT J , y 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#15 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public City arrisburg, Dauphin County MY mission Expires June 6, 2010 riation of Notaries NO ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 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. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this .4 ___day of Mqy, 2007 NOTARIAL SEAL - LO!S E. SNYDER, Notary Public C r=l 5+nro, Cumberland County 1'k.. rv ,f, ,f?e March 5, 2009 REAL EBTATE BALE NO. 15 Writ No. 2006-6159 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3 VS. Jeannie Mohmand Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 1, as shown on the plan entitled Pinehurst Final Subdi- vision Plan Phase IVB, dated Au- gust 22, 1996, and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Monterey Drive (variable right-of- way) and being a northerly corner of Lot No. 2: thence along Lot No. 2, South 81 degrees 01 minutes 25 seconds West, 199.25 feet to an iron pin, being a westerly comer of Lot No. 2 and lying in a northerly line of lands now or formerly of Benjamin H. Smart, III and Leslie E. Smart; thence along said lands and lands now or formerly of Edward B. and Elizabeth H. Drayer, North 04 de- grees 16 minutes 53 seconds West, 166.40 feet to an iron pin lying in a northerly line of lands now or for- merly of Drayer and being a south- erly corner of the Wertzville Road right-of-way, SR 944 (55 foot right- of-way); thence along said right-of- way line North 81 degrees 49 min- utes 57 seconds East, 161.00 feet to an iron pin, lying in said right-of- way line and lying in a westerly right- of-way line of Monterey Drive: thence along the Monterey Drive right-of-way, along a curve to the right, having a chord bearing of South 53 degrees 34 minutes 19 seconds East, a chord distance 35.10 feet, a radius of 25.00 feet, and an arc length of 38.92 feet to an iron pin; thence continuing along said right-of-way, South 08 degrees 58 minutes 35 seconds East, 138.57 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842- 144 ADDRESS: 1949 Monterey Drive, Mechanicsburg, PA 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/ 06/2006, in Deed Book 273, page 269. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). No. 06-6159 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/28/06 TO 06/11/08 (per diem -$124.09) Add'1 Costs TOTAL $754,860.65 $66,015.88 and Costs $4,893.25 $825,769.78 DANIEL G. SCHMIEG, ESQUIRE / One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141831 oz H? az H ?N z OW zOaW ? ?' ?-+ ^?'? O W H W O O O Uz z?? 3 w;D ?z?ap?.,H 'W a as O 0 u d??W w o U o? vz?a W? Ha?v H? A? a ?V U c Pi _ Ql LIJ Q t 14 L4 b?.Y clt V w P64 0 rl 7-4 r <C a a ?a rA w 3 a 0 N M 3 M 00 b- J O ? LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT- OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT- OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/06/2006, in Deed Book 273, page 269. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JEANNIE BO YON MOHMAND A/K/A JEANNIE PAK Bk. No. 1:07-bk-02589 RNO Debtor DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Chapter No. 13 11 U.S.C. §362 Movant V. JEANNIE BO YON MOHMAND A/K/A JEANNIE PAK Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 1 I U.S.C. §362 is modified with respect to premises 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050-7050, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. Dated: November 16, 2007 By the CotiM 6" R'Dbfft 1% OPdt R &Ma Wy J t 0 Ma d & mat/Wy s ed 4ndfled ca the saw date. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. oco'-z' - 1? ?_ DANIEL G. SCHMIEG, ESQUIAF_ Attorney for Plaintiff - ? - -;ate A DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1 949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JEANNIE MOHMAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 3120 PARKVIEW LANE HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Harrisburg Academy 10 Erford Road, Wormleysburg, PA 17043 Harrisburg Academy C/O David C. Sirrolly, Esq., 1 S. Market Square, P.O. Box 1146, Harrisburg, PA 17108-1146 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. January 8, 2008 UJ DATE DANIEL G. SCHMIEG, ESQQt6 Attorney for Plaintiff ??- ?, T, ?;???° ?-- T 7 _ ? ; ti.,,, { ?'i t .? ^!? } a ? "+-? _._? wl y Fj r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-6159 CIVIL TERM January 8, 2008 TO: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 "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 RECEIVEDA DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $754,860.65 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE i LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT- OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT- OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/06/2006, in Deed Book 273, page 269. C:? a ? `? ?" T -n ? .i) ? -, .._ '_„ * _ i-_ -t 1 ,y ?,.. _' ? ? 1 ? : . 'C.-: .r ?._ (,? 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6159 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff (s) From JEANNIE MOHMAND (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 $754,860.65 L.L. Interest FROM 12/28/06 TO 6/11/08 (PER DIEM - $124.09) - $66,015.88 AND COSTS Atty's Comm % Atty Paid $1,291.66 Plaintiff Paid Date: JANUARY 9, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Due Prothy $2.00 Other Costs ADD'L COSTS - $4,893.25 ('9'zzd _4 Curt' . Lon of tart' By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 DEFENDANT(S) JEANNIE MOHMAND SERVE JEANNIE MOHMAND AT 3120 PARKVIEW LANE HARRISBURG, PA 17111 SERVED CUMBERLAND COUNTY No. 06-6159 CIVIL TERM ACCT. #141831 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to ?rean,?, YIRr?G, n? yHC? , Defendant, on the 25 1 day of 2001, at b'10 o'clock °.m., at ?,)o„e amlrss ` 4020 Lib urn ,&,d Commonwealth ' of Pennsylvania, in the manner described below: toe C-6; 01,-c S 60 "5 i e4 170y5' X personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3o fi Height S 6 Weight 18'57 fi Race 0 Sex _F Other I, Cows 6u It Deoo,s C. JL? -% , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sherifi?s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befo e this 5? of 12001Y Notary: ? `/f By: ?. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. cc?MM?_ ", A NOT SERVED y On the i day of , 200_, t o'clock .m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200_. Notary: Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, v. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DFUTSCHF RANK NATIONAL TRUST COMPANY, AS TRIJSTFF FOR MORC'AN STANLEY PASS-THROUGH CERTIFICATES, SERIFS 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1949 MONTEREY DRIVE, MECHANICSRIIRGO 1 7050 1. 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. May 5,20OR ,? DATE DANIEL G. S MIEG, ESQU Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE FOR MORGAN STANLEY PASS-THROUGH COURT OF COMMON PLEAS CERTIFICATES, SERIES 2006-3 , Plaintiff CIVIL DIVISION V. NO. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1949 MONTEREY DRTVF MEC;HANIC'SB IRG, PA 17050, As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P -a ANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: May 5, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. may not he snld in the, absence of n representative of the plaintiff at the Sheriffs Cale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141831 £o? NYN 4 , S p, tom? a?i v i g j w rs? '-° a ? Q z?ao s ? s 5 1 3oo?a?z wo2li oa7roW - P 0 1NVP otogiZ6ooo - d ZO s WL Zo ` d H ? ? .ice "' ?O FR x .,?? e vi O o 4 , ? c oq g ?? 8 W -- a o 0 A. U .. ?ly o 00 O w N a a F z O -4 E§ Fh '? V! ono U '? a ? .ter ? a Qt a' .? b w > u4 - ,-? ;? E b ' ch 9 C ,$ S w o rn Z o A. w - N O g A Q `_ >% C? o Cl? 3 4i v 3 z 3CIO ? a S OOO Q 4? O 8 ? ++ ? A ? x 8 coo a a ?' Y ? 8 2 z " fV M ?f V1 NO F 00 01 .~r .Nr M d' ? rv ? ?? s'i`t r r ? ?• ? "- G? n : t...3 ?.;„ ? ; ?-?g .3 'L -?: '" " - , .,- C. ? #11 1 J c.y -x ' ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, Civil Division SERIES 2006-3 Plaintiff CUMBERLAND County VS. No. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 23, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on December 28, 2006 in the amount of $754,860.65. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriff s Sale of the mortgaged property at 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050-7050 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 07-01798 on June 12, 2007. The Bankruptcy was dismissed by order of court dated July 20, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". b.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 07-02589 on August 20, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated November 16, 2007. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "D". The Property is listed for Sheriffs Sale on June 11, 2008. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $714,381.28 Interest Through June 11, 2008 $128,470.85 Per Diem $215.27 Late Charges $1,242.75 Legal fees $2,385.00 Cost of Suit and Title $1,863.75 Sheriffs Sale Costs $1,038.16 Property Inspections/ Property Preservation $550.00 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $35,556.80 TOTAL $885,678.59 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 5, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "E". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. LLP DATE: I Attorney for Plaintiff MAY 2 7 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 : Plaintiff vs. JEANNIE MOHMAND Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 06-6159 CIVIL TERM RULE AND NOW, this oq day of jj 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the 1 day of LvK?2 2008, at b Courtroom of the Cumberland County Courthouse, Carlisle, Pennsy ia. THE Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050-7050 JEANNIE MOHMAND 3130 PARKVIEW LANE HARRISBURG, PA 17111 JEANNIE MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17111 141831 ?i?.s ? _•r?,r GRY 210, Fir,,Y 28 PM u: 2u- CLl; 51.).gf08- Of rLr r-n?<L,e:nj JQ 02. MAY 2 7 7onc PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff VS. JEANNIE MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6159 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050-7050 JEANNIE MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17111 DATE: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 P By: Wele tseLl forAttorn ey for Plaintiff cam- r•.a ? , ' ?; f; ? -? rya ?; ?°" ? r_, ? --? ?. .. ,... ?,?`° ? qV::..j iii _ .. ? =} :1 .:.? PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey Maya2, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 vs. JEANNIE MOHMAND CUMBERLAND County CCP, No. 06-6159 CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Mchee Vreo,- , Esq uire For Phelan Hallinan & Schmieg, LLP Enclosure cc: JEANNIE MOHMAND PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN ; STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff vs. JEANNIE MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6159 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEANNIE MOHMAND executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050-7050. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgae Corp. v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co of N.Y. vs Mowl, 705 A.2d 923 (Pa. Super. 1998) Union National Bank of Pittsburgh v Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ?- J`6 el na ieg, LLP By Michele .Brad ord, E ire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141831 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 S`I'ATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 i thiC Y File #. 141831 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141831 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 449. , nd' to IDS u $1 iii *04-i File k: 141831 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 141831 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/30/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MERITAGE MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1939, Page: 2616. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 06/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 141831 6. The following amounts are due on the mortgage: Principal Balance $714,381.28 Interest 25,644.68 05/01/2006 through 10/11/2006 (Per Diem $156.37) Attorney's Fees 1,250.00 Cumulative Late Charges 994.20 01/30/2006 to 10/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 742,820.16 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 742,820.16 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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) hasthave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 742,820.16, together with interest from 10/11/2006 at the rate of $156.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL IN & SCHMIEG, LLP By: 7S/Fcis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141831 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE TVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAPER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT-OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 BEING the same premises which CLAYPOOL III-TIDAY, LLC, by Fee Simple Deed dated March 31, 2005, and recorded April 5, 2005, in the Office of the Recorder of Deeds in and for the City of Mechanicsburg, County of Cumberland, Pennsylvania, in Book 268, Page 1376, granted and conveyed unto NEELU ENTERPRISES, INC., in fee. File A. 141831 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff' is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: t` FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Exhibit "B" PHELAN HALLINAN & SCHMIEG,1.i..P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PRI"DELPHIA, PA 19103-1814 1017000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM-.) c: PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT QF DAMAGES TO THE PROTHONOTARY: n G -) co i-y i-n rv -i w Kindly enter an in rem judgment in favor of the Plaintiff and against JEANNIE MOHMAND, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $742,820.16 Interest from 10/12/06 to 12/27/06 $12,040.49 TOTAL , $754,860.65 I hereby certify that 0) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRLr\ Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: U_ ?Q110-601C PRO PROTHY 141831 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Jeannie Bo Yon Mohmand a/k/a Jeannie Pak Chapter 13 Case No.: 1:07-bk-01798-MDF Debtor(s) ORDER DISMISSING CASE Upon consideration of the Debtor's Motion to Dismiss Case, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY the +Coiu t 1P044 judge (]DK) This document is electronically signed and filed on the same date. Dated: July 20, 2007 MDPA-DISMIS32MPT REV 6/05 Exhibit "D" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JEANNIE BO YON MOHMAND A/K/A JEANNIE PAK Bk. No. 1:07-bk-02589 RNO Debtor Chapter No. 13 DEUTSCHE BANK NATIONAL TRUST , COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 11 U.S.C. §362 Movant V. JEANNIE BO YON MOHMAND A/K/A JEANNIE PAK Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050-7050, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. Dated: November 16, 2007 By the Court, ( 5 L A, U. C ?+ Robal N. OMI It Ba nkmpW J 17W dMmertl 49 l lrrxstCal stewed dnd fiW on W _vne date. Exhibit '6E" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire May 5, 2008 JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050-7050 Representing Lenders in Pennsylvania and New Jersey RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 vs. JEANNIE MOHMAND Premises Address: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 06-6159 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, May 9, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. T h rs ra for ,Esquire an Hallinan & Schmieg, LLP Enclosure VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: 6 P e lli c ieg, LLP ich le ra ford, s wire Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST, COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff VS. JEANNIE MOHMAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6159 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages and Brief on June 10, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: June 4, 2008 Dale F. Shugh rtt . Supreme Court 9373 10 West High Stre Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Jeannie Mohmand =? 1 ' ?" ?? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 vs. JEANNIE MOHMAND Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6159 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 10, 2008 was sent to the following individual on the date indicated below. JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050-7050 JEANNIE MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17111 DATE: 6 Y JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 7ichele chmieg, LLP B Attorney for Plaintiff M. Bradfo , Esquire e y •rr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff VS. Court of Common Pleas Civil Division CUMBERLAND County No. 06-6159 CIVIL TERM JEANNIE MOHMAND Defendant jj ORDER AND NOW, this 1Q day of 0 V-9----,2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $714,381.28 Interest Through June 11, 2008 $128,470.85 Per Diem $215.27 Late Charges $1,242.75 Legal fees $2,385.00 Cost of Suit and Title $1,863.75 Sheriffs Sale Costs $1,038.16 Property Inspections/ Property Preservation $550.00 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 ;()(,.nse/Misc. Credits r : V Deficit TOTAL ($0.00) $35,556.80 $885,678.59 s2 from June 11, 2008 through the date of sale at six percent per annum. I'c 'lbove figure is not a payoff quote. Sheriffs commission is no n the above THE J. a,,tford, Esquire (K,,; Schmieg, LLP i, ?;`==ward, Suite 1400 #'A 19103 :,.' -'?000 X459 i 4( fedphe.com ? + }1{MAND 1Z?SY DRIVE G; ' BURG, PA 17050-7050 ?? )HMAND e.,1 LOAD t? URG, PA 17111 OV'" CAP Q ro °J pY? JEANXB HMAND 3120 IEW L ANE HA G, PA 17111 141831 C N C=O O l co f't 1 ---f LC7 °-C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which MORGAN STANLEY PASS THROUGH CERTIFICATES SERIES 2006- 3 TR is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 9TH day of JAN, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6159, at the suit of MORGAN STANLEY PASS THROUGH CERTIFICATES SERIES 2006-3 TR against JEANNIE MOHMAND is duly recorded as Instrument Number 200820748. IN TESTIMONY WHEREOF, I have hereunto set my hand andAeal of said office this day of A.D. 2eV F of Deeds aaer or a0$, Wlummnd Cosh' Car?* PA u EVims ow 'ke Mffik of Jm. 2@10 Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee for Morgan Stanley Pass- Cumberland County, Pennsylvania Through Certificates, Series 2006-3 Writ No. 2006-6159 Civil Term Vs Jeannie Mohmand Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2008 at 1030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeannie Mohmand, by making known unto Jeannie Mohmand personally, at 4020 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2008 at 1220 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeannie Mohmand located at 4020 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeannie Mohmand by regular mail to her last known address of 4020 Lisburn Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3 of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,263.01. Sheriff's Costs: Docketing 30.00 Poundage 24.77 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 24.96 Levy 15.00 Surcharge 20.00 Out of County 9.00 Dauphin County 35.25 Law Journal Patriot News Share of bills Distribution of proceeds Sheriff's deed So Answers: ,- R.-Thomas Kline, heriff BY Real Estate Se ant 431.00 503.30 14.73 25.00 39.50 $1,263.01 (If 46 t (), ? dam' DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JEANNIE MOHMAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 3120 PARKVIEW LANE HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Harrisburg Academy 10 Erford Road, Wormleysburg, PA 17043 Harrisburg Academy C/O David C. Sirrolly, Esq., 1 S. Market Square, P.O. Box 1146, Harrisburg, PA 17108-1146 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. ^ 1 January 8, 2008 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 a an?a__ J - DANIEL G. SCHMIEG, ESQUIPt Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 Plaintiff, V. JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-6159 CIVIL TERM January 8, 2008 TO: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, 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, 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $754,860.65 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT- OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT- OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/06/2006, in Deed Book 273, page 269. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6159 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff (s) From JEANNIE MOHMAND (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 $754,860.65 L.L. Interest FROM 12/28/06 TO 6/11/08 (PER DIEM - $124.09) - $66,015.88 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1,291.66 Plaintiff Paid Other Costs ADD'L COSTS - $4,893.25 Date: JANUARY 9, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Curtis W. Long, P ota By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 20 On February 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 1949 Monterey Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 19, 2008 By: Real Esta Sergeant Z Z :01 V I I NVP 0001 -XI Vd '1'iHil0:' 1 0PF V ?3 l, r=:i ,J JAI83HS 3Hi A 331JJO 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: May 2, May 9, and May 16, 2008 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. s-7 i Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 WAAL AWATR 0"a NO. 20 Writ No. 2006-6159 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3 vs. Jeannie Mohmand Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 1, as shown on the plan entitled Pinehurst Final Subdivision Plan Phase IVB, dated August 22, 1996, and recorded in Cumberland County Plan Book 73, Page 66, more particularly bounded and described as follows: BEGINNING at an iron pin, ly- ing in a westerly right-of-way line of Monterey Drive (variable right-of- way) and being a northerly comer of Lot No. 2; thence along Lot No. 2, South 81 degrees 01 minutes 25 seconds West, 199.25 feet to an iron pin, being a westerly comer of Lot No. 2 and lying in a northerly line of lands now or formerly of Benjamin H. Smart, III and Leslie E. Smart; thence along said lands and lands now or formerly of Edward B. and Elizabeth H. Drayer, North 04 degrees 16 min- utes 53 seconds West, 166.40 feet to an iron pin lying in a northerly line of lands now or formerly of Drayer and being a southerly comer of the Wertzville Road right-of-way, SR 944 (55 foot right-of-way); thence along said right-of-way line North 81 de- grees 49 minutes 57 seconds East, 161.00 feet to an iron pin, lying in said right-of-way line and lying in a westerly right-of-way line of Monterey Drive; thence along the Monterey Drive right-of-way, along a curve to the right, having a chord bearing of South 53 degrees 34 mkwfta 19 seconds East, a chord distance 35.10 fat, a radius of 25.00 feet, and an arc length of 38.92 feet to an iron pin; thence continuing alb said right-of-way, South 08 degrees 58 minutes 35 seconds East, 138.57 feet to an iron pin, being the place of beginning. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842- 144. ADDRESS: 1949 MONTEREY DRIVE, MECHANICSBURG, PA 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Mohmand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 02/06/2006, in Deed Book 273, page 269. :4. he, Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1 04/23/08 04/30/08 • 05/07/08 Sworn toaSdobscribed before me this 27 day of May, 2008 A.D. (214'aa j4t? 41 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Eslde Sale #20 Writ No.200"159 CIvII7erm Doutache Bank National? u d Company, as Trustee for Morgan Stanley Pass-Through Cer0cates, Series 20053 VS Jeannie Mohmand Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. L AS SHOWN ON -THE PLAN ENTITLED PINEHUURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22,1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF- WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO. 2 AND LYING IN A NORTHERLY LANE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVIIL,E ROAD RIGHT-OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-ORWAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF- WAY LANE AND LYING IN A WESTERLY RIGHT- OFWAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT-O&WAY ALONG A CURVE TO THE RIGLTT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.16 FEET, A RADIUS OF 25.00 FEET, A14D AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 13857 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL 11): 10-14-M42-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 RECORD OWNER TTFL.E TO SAID PREMISES IS VESTED IN Jeannie Mobmand, by Deed from Neelu Enterprises, Inc., dated 0113Q/M, recorded 021 0620(16, m Deed Book 273, page 269. PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, COURT OF COMMON PLEAS As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 CIVIL DIVISION Plaintiff NO.: 06-6159 Cumberland County, Pennsylvania V. Jeannie Mohmand a/k/a Jeannie Pak Defendant MOTION IN AID OF EXECUTION PURSUANT TO PA.R.C.P. 3118 Plaintiff, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby moves this Court in Aid of Execution pursuant to Pa.R.C.P. in regard to the Sheriffs Sale of property known and numbered as 1949 Monterey Drive, City of Mechanicsburg, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises") and in support thereof avers the following: 1. On January 30, 2006, the Defendant, made, executed and delivered a Mortgage upon the premises at 1949 Monterey Drive, City of Mechanicsburg, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises") to Mortgage Electronic Registration Systems, Inc., as Nominee for Meritage Mortgage, which Mortgage was recorded on February 6, 2006, in the Office of the Recorder of Deeds of Cumberland County at Record Book 1939, Page 2616, and which mortgage was assigned to Plaintiff by assignment recorded on March 9, 2007 in the Office of the Recorder of Deeds of Cumberland County at Record Book 734, Page 4787. Attached hereto, made a part hereof and marked as Exhibit "A" are true and correct copies of the mortgage and assignment. 2. The Defendant defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant foreclosure action. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of Plaintiff's Mortgage Foreclosure Complaint. 3. The Defendant failed to respond to the Complaint, and a Default Judgment in the amount of Seven Hundred Fifty Four Thousand, Eight Hundred Sixty Dollars, and 65/100 ($754,860.65) was entered on December 28, 2006. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. Pursuant to a Writ of Execution, the Property was listed for Sheriff's Sale and Notice of Sheriff's Sale of Real Estate was sent to lien holders. Attached hereto, and marked as Exhibit "D" is a true and correct copy of Plaintiff's Affidavit pursuant to Pa.R.C.P., Rule 3129.1. 5. The damages in the instant matter were reassessed by Court Order dated June 10, 2008, in the amount of Eight Hundred Eighty Five Thousand, Six Hundred Seventy Eight Dollars and 59/100 ($885,678.59). Attached hereto, and marked Exhibit "E" is a correct copy of said Court Order. 6. The Property was offered at Sheriff's Sale on June 11, 2008 and the Plaintiff was the sole and successful bidder of the property for the costs of sale. 7. Subsequent to the Sheriffs Sale, title to the property was to be vested in the name of the Plaintiff, the underlying investor, by Sheriffs Deed Attached hereto, made part hereof, and marked as Exhibit "F" is a true and correct copy of the Sheriffs deed. 8. Upon the attempted re-conveyance of the property, Plaintiff learned that a judgment in favor of Members 1St Federal Credit Union in the amount of Twenty Three Thousand Eight Hundred Thirty Six Dollars and 87/100 ($23,836.87), which judgment was filed on March 9, 2007 at Docket No. 2007-00239 in the Office of the Prothonotary of Cumberland County, and a judgment in favor of Acco York Federal Credit Union in the amount of Twenty Five Thousand Six Hundred Forty Three Dollars and 27/100 ($25,643.27) allegedly against the defendant in the within action. Attached hereto, and marked as Exhibit "G" are true and correct copies of the Members 1St Federal Credit Union and Acco York Federal Credit Union judgments. 9. Plaintiff was unaware of the entry of the judgments and as a consequence, no notice was sent to the Members 1St Federal Credit Union and Acco York Credit Union of the June 11, 2008 Cumberland County Sheriff s sale. 10. Although notice was not sent to the Members 1St Federal Credit Union and Acco York Credit Union, the Sheriffs Sale of the property was advertised in a newspaper of general circulation and in legal publication in compliance with Pa.R.C.P, 3129.2, and the property was posted with a handbill. 11. It is believed and therefore averred that said advertising and posting provided constructive notice of the Sale. 12. There were no bidders at the Sheriff's sale other than the Plaintiff who entered the sole and successful bid for costs of suit. 13. It is believed, and therefore averred, that no interested party, including both Members 1St Federal Credit Union and Acco York Credit Union, were interested in bidding at the property as the value was less than the debt owed as evidenced by the results of the actual Sheriff's auction. 14. Based upon a recent Agreement for the Sale of Real Estate that Plaintiff received for this property, the purchase price of the property is $500,000.00 whereas the actual judgment was nearly $900,000.00. Attached hereto, and marked as Exhibit "H" is a true and correct copy of the Agreement for the Sale of Real Estate. 15. As evidenced by the results of the sale and Agreement of Sale, there is insufficient equity in the property to adequately make the Plaintiff whole as first lien holder, let alone any junior lienholder's, including Members 1St Federal Credit Union and Acco York Credit Union. 16. It is in the equitable interest of all parties that the June 11, 2008 Sheriff's sale of the property be confirmed, and that the interest of the Members 1St Federal Credit Union and Acco York Credit Union be divested, Nunc Pro Tunc, in order to provide clear and marketable title to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiffs Motion in Aid of Execution and confirm the June 11, 2008 Sheriff s Sale of the property located at 1949 Monterey Drive, City of Mechanicsburg, Commonwealth of Pennsylvania, and divest the interest of the Members 1St Federal Credit Union and Acco York Credit Union in said property as though fully notified in accordance with Pa.R.C.P. 3129.2. Respectfully submitted, PHEL H LINA=HMIEG, By: Da u c g, squire Identification o. One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, COURT OF COMMON PLEAS As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 CIVIL DIVISION Plaintiff NO.: 06-6159 Cumberland County, Pennsylvania V. Jeannie Mohmand a/k/a Jeannie Pak Defendant MEMORANDUM OF LAW 1. Factual Backmround: On January 30, 2006, the Defendant, made, executed and delivered a Mortgage upon the premises at 1949 Monterey Drive, City of Mechanicsburg, Commonwealth of Pennsylvania, (hereinafter "the mortgaged premises") to Mortgage Electronic Registration Systems, Inc., as Nominee for Meritage Mortgage, which Mortgage was recorded on February 6, 2006, in the Office of the Recorder of Deeds of Cumberland County at Record Book 1939, Page 2616, and which mortgage was assigned to Plaintiff by assignment recorded on March 9, 2007. The Defendant defaulted on the above-referenced mortgage and, as a result of said default, Plaintiff initiated the instant foreclosure action, and Default Judgment in the amount of Seven Hundred Fifty Four Thousand, Eight Hundred Sixty Dollars, and 65/100 ($754,860.65) was entered on December 28, 2006. The damages in the instant matter were reassessed by Court Order dated June 10, 2008, in the amount of Eight Hundred Eighty Five Thousand, Six Hundred Seventy Eight Dollars and 59/100 ($885,678.59). Following issuance of a writ of execution, the Property was offered at Sheriff's Sale on June 11, 2008 and the Plaintiff was the sole and successful bidder of the property for the costs of sale, and the title to the property was to be vested in the name of the Plaintiff by Sheriff's Deed. Upon the attempted re-conveyance of the property, Plaintiff learned that through and inadvertence, two lienholders did not get forwarded notice of sale, Members 1st Federal Credit Union, and Acco York Federal Credit Union. Plaintiff was unaware of these interests, but because the value of the property is only $500,000.00, as evidenced by the resale price, whereas the judgment was nearly $900,000.00, there is no reason to recind the sale and reauction the property. Although notice was not sent to the Members 1St Federal Credit Union and Acco York Credit Union, the Sheriff's Sale of the property was advertised in a newspaper of general circulation and in legal publication in compliance with Pa.R.C.P, 3129.2, which provided constructive notice. Because of the value of the property versus the debt, there were no of course no bidders at the Sheriff's sale other than the Plaintiff who entered the sole and successful bid for costs of suit. Obviously, Members 1St Federal Credit Union and Acco York Credit Union are disinterested in the property as collateral as a result of the valuation and there is nothing to suggest that a resale of the property would alter the results. There is simply insufficient equity in the property, as evidenced by the sale results and the Agreement for the Sale of Real Estate. II: Legal Analyses: Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; ... (3) directing the defendant or any other parry or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, it is also clear that the mortgaged property at 1949 Monterey, City of Mechanics, Commonwealth of Pennsylvania, was property of the Defendant and subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), the court state that "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." In addition, it has been held that this Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Turner v. Hosteller, 359 Pa.Super.167, 518 A.2d 833 (1986). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504,112 A.2d 333 (1955). In the case sub judicia, there was no equity in the property as evidenced by the results of sale and the recent Agreement of Sale. There was no possibility the junior judgment holders would have bid as there is simply insufficient equity in the property beyond the executing creditor. It is, therefore, unnecessary to re-hold the sale due to these factors, but rather, the sale should be confirmed as held. This is certainly a case where Rule 3118 can be invoked and the exercise of this Court's equity powers is appropriate and necessary. Accordingly, Plaintiff respectfully requests this Honorable Court enter an Order to confirm the June 11, 2008 Sheriff's Sale of the property located at 1949 Monterey, City of Mechanicsburg, Commonwealth of Pennsylvania, and divest the interest of the Members 1St Federal Credit Union and Acco York Credit Union, as though fully notified in accordance with Pa.R.C.P., Rule 3129.2. Respectfully submitted, AN & SCHMIEG, LLP Dated: August 28, 2008 Daniel G. Schmie , squire Identification No. One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff Exhibit "A" 10/03/2006 15:03 TEL 7175997794 J CONRAD 1• 11'13 6 PH 1 06 BY: M WAGE MORTGAGE CORPORATION 9300 SW Gemini Drive BmvertM OR 97008 Rc=To : M13MAGE MORTGAGE. CORPORATION 9710 TWO NOTCH ROAD COLUMBIA, SC 29223 ParwlNumber 10-1440842-144 Premise& 1949 MONTEREY DRIVE MBCHANICSBURG, PA 17050 . - ,?? [SpeeeAboveTW?iJeeFbrp?l 11033 r.y.. MORTGAGE LOU Number: 1000252727 MIN 100110710002527272 DEFINTITONS Wd n& used in multiple sections of this do MMA am dtd mad below amd other w0t+ds are domed is Sections 3,11,13, 18, 20 sW.21. Catgin rules regarding the usage ofwar6 used inab ,rcalso Mvided m Section 16. (A) "SeaMty Instrument" umgm this doo mma wtd& iS dated togo*=v nth all Riders to this do t I Y 30. 2006 (B) "Borrower" is JEANNM MOIIMAND, A MARRIED WOMAN BanOwar is the mortgagor under this Security Instnnm= . (C) "11n>ils8" is Mortgage Flecttnnic Reg)s mdn SY , Inc. MOM is a sopum eorporadott that is Uft sold v as a nominee for Lenderaad Leu4ces succomm and assigns. bI1t1RS is &e mortgagee tender this Steurity Ilsstwu MM is agsniud and egg under the laws of Delaware, emd b" an adds and Wephome t ast. number of t : fox 2026, FUnt11U48501-=Cte1. (888) 679-MFRS. PENN6YL.VANU1-Sln& FBfWIY-FaMie MS*fFnddb MW uNIFORII BOTRUNENTWITF;11ViRg Form 3M b'07 ?,'eMFN4uera • "+w+a?e rwr.re ?'Ma?Sawor??lecol6z+-rut DUS-6PA SKI.9391G2616 10/03/2006 15:03 TEL 7175997794 J CONRAD r. N....yrtr.y.ti ... w.•r.. • 1 {?) "Crude[" 13 MEWAGE MORTGAGE Lenderisa CORPORATION orpmwd tad w**g uttdsrthc laws of a fedora) ravings bank Lendees address is 9300 9W GE WM 13RM BEAVER'ION, OR 97008 034 (E) "Note" raesns the pr misaory note d3gadbyBorrower and dated 'January 30, 2006 TlwNctestdzs dWtBoaatverowesLeader Sev=Hundtnd Futeen Thousand and 001100 I.Wdbn (U.S.5715,000.00 )plusimpr-41 Bonuwerhaspromised.topsytWadebtinrquta b:rWdic Payments andtopaythedebtin&Unotlaterdm Febraary 1, 2036 (F) "kroperty" cream thaproputythatis des=Udbelowunde rtheheadiag "Tmetrofltights inthcPfopetty " (G)'Uso" means the debt evideaoed by the Note, plus interest, suy prepayment charges and late urges due tmder the Nate, and all sums due wider this Sc=ity h3Mm>at, plus interest (ifs "Bides" means all Riders to this Secea* Instmmeat that are executed by Borrower. The following Rfden we to be ecmuudby Boaroww [checkbox w oppBmi*]: ?X Adjustable Rate Rider ? Co idotmniamRrder ? SecondHome Rider ? BallocaRider ? PlannodUWtDm&vmWARider ? 1-4FaaailyRirder ? VA Rider ? BiweeklyPsynnaltider ? Other(a) [specify] i (1) "Applicable Law" means all controlling applicable federal, steno and local statures, regulations, ordh=:cs and administrative rules and'mders (fW have toe effect of law) as well as all applicable Seal, non-appealable j idicial (3) "Cmmus y Association Dues, Fees, sad Assaeaments" meant 04m, fees, •` assments and other char) es that are imposed an Borrower or the Property by a condominium. assoeiatron, homeowners ess0oiiaW ml or ::iniilar (In "Electroale Vide Transfer" means any tranafc= of funds, other than a transWion originated by check, d raft, or similar paper inawrum t, whieb is Initiated throu& an elechvek temlinal, telephonic iashumad, campy tw, or magnetic tape so as to order, instruct: or sutmdn a iikat noW hided don to debit or credit an aam mt.. Styr h tam incb}des, but is not limited t0, paint-of-sale transfers, summated teller machine transactions, transfers inithiud by i teleplsore,wiretsansfe?,andantomstadclaaa?homettaastela. QITAerowlteme"me=diossh misdidandesertbad nSoctuira l (!V "bluesihmoas Proceeds" means ray compeasmon, aetHemeat; award of damages, or proceeds paid 'y any third petty (arbor than tnaaranee prooeeds paid v aft the eowragaa desm1nd in Seddon 5) for. (i) damsgi.: to, or destruction ot; the Property; CH) condts nKlon 0r other taking of all or any pert ofthe Propary, (iii) conveyanor in lieu of c o demrptioa; or (iv) m& rqueeevWk= of, or omiledous ss to, the valor and/or condition ofthe Property. Qq "Mortpgo liasuranee" mwts nosumwe protecting Lender agaiostthe nompayment of, or default ors, the Lc.sn. (Q) "Periodic Payment" mem else regularly schednled amount due for (i) pr incipal and interest under the Na ) phis (is) any amowmts under Seetion3 ofthis S9wzityjnstrumm2L -(PA) "vile ? Fenn Sa t.) 1101 DOS-610A UK-1 9 3 9-PG 2 6.17 10/03/2006 15:04 TEL 7175997794 J CONRAD [a 035 (P)"RESPA"meanstheRealEstiteSettb omWProceduresAct(12U.S.C.Secticn2601etseq.)andits,impleme•rdng regulation, Rogulatico X (24 C.F.R. Part 3500), as they might be amended fiaoem nine to time, or any additional or suconsw legialshm or regoladoa that governs the same subject: mamas. As used in this Smuity lnsmmleett, "RE. IPA" refers to all mgaira nants and restrictions that ara imposed in regard to a "8ederally related mortgage loan" even .f the Loan does not qualify as a "federally rehtedmattgago loan" under RESPA. (Q) "Sueve In 1<atereat ofBorroww" luc a s any party that has Wm title to the Property, whether or not that :3arty has maned Borrcwe$'s obligations under *a Note and/or this Security bstr men+ TRANSFER OF RIGHTS IN THE PROPERTY This Security hum meant secures to Leader: (i) the repayment of the Loan, and all renewals, extensions and modWicatioms of dw Note; and (ii) me performance of Bormwee's covenants and agmemnents under this Sec um hwtnm= and the Now. For th]s purpose, Bortmm does hereby mortgage, grant and convey to hIERS (sole N, as nominee for Lender and LoaWs successors and assigns) and to the successors and assigns of li+IMS, the fbHo-ving deactgod.propaWlocatedinthe county fPAwotF haisa.c+daa] Of CUUMERLAND [M&=dfae0adios7urW AMP LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HBRBOF. which currently has the adduces of 1949 MOIVTEM DRIVE (: utat] NWAMANICSBURG ptyl,pennsylvania 17050 PP-20M ("may Addwu*): TOGETHER WITH all the improvements now or harealNer erected an the property, and all easam.ents, appurtenances, and fucaaus nowjorbwoaf w a pat oftbe property. Ag npus meets and addi Toms "silo boom aced by thin Security lnsttumaeat. AU of the illregoing is M%nd to is tills SeeiU* Instr'ta>seat U the "Property." Bottrneor understands and agrees that MGRS bolds only lq* title to the iateaau granted by Borrower in this Sec:wIty hnstmest, but, if accessary to comply with law oratawom, DEERS (as somin t or Lender and l etxfa's successor': and assigns) has theright; to exercise any or aU oftlwse imasats, including, butnot Iitaitod for the riight t o forocJose sot:. wlI the Prroperty; and to take my action requved of Leader including, but net limited to, releasing and canceling this Secin* test inumt. 4%4W Ulosoel a asa?a +, d Forme aoaa 'U01 VW-VA .19.39PG261:8 10/03/2006 15:04 TEL 7175997794 J CONRAD I?j036 I By SIGNING BE Ow, BoAwm accepts and Mpm to the tams and cova mb contaiind m this SmAty bulmnneata>adiamyRicerexem byBmowaondsecordod nith L tsea2} _ Sarower ciao -B0.11mm (Sed) 15a1) BorMww -Bo-row& • (Seal) I84d) ?. - Bomwer -&-flow 4%-Wiyfwm DDS-6PA JLU*M MGHIvIAND " _Bm cr.mw rip ledle ow.1.9.3 9 PG 2 673.10' Form W::% IM 02/04/2008 17:16 TEL 7175997794 J CONRAD i 9050 S -T 1 AM IGNIM IOFAJQMGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems be 65 a 001011101 for Meritage Mortgage" hereinafter "Aulgnor" the holder ofthe Mortgage hereinafter mentioned, !br and in consideration of the sum of ONE DOLLAR (S 1.00) lawlirl money onto it in hand paid by Deatsehe Bank Natiaaul Trust Company as Trustee, "Assignee" at the time of execution hereof; sell, assign. transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged. does hereby grant, bargain, its soccessors bad swig:ns. ALL THAT CERTAIN Indenture of Mortgage given and executed by Jean ale Makno d to MorWp glectrodic Registration Systems Inc as a nouskm for Menage Mortgage, bearing the date 01190106, in the amount of VM000.00, togadw with the Note and indebtedness therein mentioned, said MoMne being recorded on OZ/06/06 in the County of Cumberland, Consivonw0alth of Powsylvania, in Mortgage Book 1939 Page 2616,. Being Known as Premises: 1%9 Monterey Or, Mechanicsburg, PA 17050 Parcel No: 10-14-0841-144 Also the Bond or Obligation in the said Indenture of Mortgagee recited, and all Moneys, Principal and interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed- Together with all R40ft Remedies and incidents thereunto belongl% And all its Right, Title, Interest, Property, Claim and Demand, in and to the some: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the bereditanats and pnmaiacs hereby granted and assigned. or mentioned and bv*uled so to be, with the appwicim es unto Assignee, its succeam and assigns, to sad for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said tndenture of Mortgage lamed, and himwttheir heirs and assigns therein. IN WITNESS WHEREOF, the said "Auipaor" has caused its Corporaoe Seal to be herein affixed and time presents to be duly executed by its proper often this 23rd day of February, 2007. Mortgagee Electronic Registration Systems Inc as a nominee for Meritage Meng 1 By. I Sealed and ei o Q V? t f us; in the presence of us; Attest: ?. S l stant ccrerarv Qw k ss State of South Carolina : ss. County of York On this 23rd day of February, 2007, before me, the subscriber, personally appeared 9arasn Abe ed?v, wbo acknowledged himA rseif to be the Assistant Vice PmIdent of Mortgage Electronic Registration Systems Incas a nonduce for Merltage: Mortgage, and that he/she, as such Assistant Vice President, being authorized to do so, executed the foregoing tinumnant for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official scal. Ndoy PWk Notary Public r-t WN Of South CffaU to ?Aa?i811ta?Ote ca c .? 3 The precise address of the After recording return to: c within trained Assignee is, Pbdan. Halligan end ScGmieg LLP C7 -4 rr, 3476 Strate'vi0w Blvd One Pena Center Fort M 9716 1617 J.F.K. Blvd., SOL1400 2/2310-MC By: Philadelphia, PA 19103-1814 Nicole (Rivers Assignee) 1127054408 89.4734PG4787 02/04/2008 17:16 TEL 7175997794 J CONRAD X1051 Laced SerWca s of PA 400 Fdkws)dip Road, Sadte 250 mL L'anrw4 ]VJ 08054 (856) 793-3200 Fax (856) "3.3201 RECORD OWMR AND LIEN GERTIFICATE Issue Date: 10/05/2006 Effective Date: RD 09/232006 OJS/PRO 09/23/2006 RW 04/23/2006 Order Number: LTS20683/PA56099 Services: AMERICA'S SERVICING COMPANY Client Number: 141631 premises: 1949 Monterey Drive, Mechaaicsburg, PA 17050-7050 Hampden, Cumberland County Pennsylvania Based upon the eArninabion of evidence in the appropriate public records, Company certifies brat the premises endorsed hereon are subject to the liens, eneumbraaeea and exoepdans to title bereinAfter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omiwAons in a sum no to exceed Two Thousand Dollars. DESC1liLI?'Y'IQ?T ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1. AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IV% DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MON'T'EREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO.2; THENCE ALONG LOT No. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, M AND LESLIE E. SMART; TH PM ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER. OF THE WERIZVILLE ROAD RIGHT-OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF- WAY LINE AND LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE; ?3 7 3 ?G 7 88 02/04/2008 17:17 TEL 7175997794 J CONRAD ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number;LTS20683 Servicer: AMERICA'S SERVICING COMPANY Client Number: 141831 [a 052 THENCE ALONG THE MONTEREY DRIVE RIGHT-OF--WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MM TM 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; TIIBNCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE ME:CHANICSBURG, PA 17050 BEING the same promises which CLAYPOOL III-TIDAY, LLC, by Fee Simple Deed datod March 31, 2005, and recorded April 5, 2005, in the Ofrm of the R000 der Of Deeds in and for the City of Mechanicsburg, County of Cumberland, Pennsylvania, in Book 268, Page 1376, granted and conveyed unto NEELU ENTERPRISES, INC., in fee. PAIL EL ENTEMATION NO: 10-14-0842-144 CONIIt_ OY#: 10009029 I Certify this lU Uc: I ?? :... . In Cumberland COunI? 0,07-34PG4789 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141831 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JEANNIE MOBNL ND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL. DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 awes WOO y ?i File #. 141831 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 141831 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 3476 STATEVIEW BLVD . FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/30/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MERITAGE MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1939, Page: 2616. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 141831 6. The following amounts are due on the mortgage: Principal Balance $714,381.28 Interest 25,644.68 05/01/2006 through 10/11/2006 (Per Diem $156.37) Attorney's Fees 1,250.00 Cumulative Late Charges 994.20 01/30/2006 to 10/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 742,820.16 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 742,820.16 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 742,820.16, together with interest from 10111/2006 at the rate of $156.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL IN? G, LLP By: s/Fnlncis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141831 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 1, AS SHOWN ON THE PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS NOW OR FORMERLY OF EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A SOUTHERLY CORNER OF THE WERTZVILLE ROAD RIGHT-OF-WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 81 DEGREES 49 MINUTES 57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF-WAY LINE AND LYING IN A WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE; THENCE ALONG THE MONTEREY DRIVE RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 BEING the same premises which CLAYPOOL III-TIDAY, LLC, by Fee Simple Deed dated March 31, 2005, and recorded April 5, 2005, in the Office of the Recorder of Deeds in and for the City of Mechanicsburg, County of Cumberland, Pennsylvania, in Book 268, Page 1376, granted and conveyed unto NEELU ENTERPRISES, INC., in fee. File #: 141831 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: EO tk Qb FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff' Exhibit "C" PHELAN HALLINAN do SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE FOR MORGAN COMPANY CUMBERLAND COUNTY , STANLEY PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2006-3 CIVIL DIVISION Plaintiff, . NO. 06.6159 CIVIL TERN' r- V. C ? JEANNIE MOHIVIAND tea'' r? co g Defendant(s). S` r'_ N 1 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO cn ANSWER AND ASSES SMENT OF DAMAGES TO THETROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEANNIE MOHMAND Defendant(s) for failure to file an Answer to Plaintiffs. Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $742,820.16 Interest from 10/12/06 to 12/27/06 $12,040.49 TOTAL. $754,860.65 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. /QkLIJ - d. Uwa?w DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Ztr_ A:e 0G PRO PROTHY 141831 Exhibit "D" DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY PASS-THROUGH CERTIFICATES, SERIES 2006-3 v. Plaintiff, JEANNIE MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6159 CIVIL TERM AMENDED AFFIDAVIT PURSUANTTO RULE 3129 (Affidavit No. l) DRIrrSCHE. RANK NATIONAT TRTIST COMPANY, AS TRTISTFF Rt7R MOR[:AN STANI,RY PASS-THROTIfiH C`FRTTRi -ATR4, FRIES 2006-x, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at. 249 MONTEREY T)RTVF? Ff HANICSR1111G PA 1700 1. 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. S, 72M AaZ -? DATE DANIEL G. S MIEG, ESQ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE FOR MORGAN STANLEY PASS-THROUGH COURT OF COMMON PLEAS CERTIFICATES, SERIES 2006-3 Plaintiff ' V. CIVIL DIVISION JEANNIE MOHMAND NO. 06-6159 CML TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was. filed the following information c oncerning the real property located at: 1 W 1V1nNTMffl1lR]3 MD. As required by Pa. R.C.P. 3129.2(a) Notive of Sale has been given to Lienholders 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 No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. AANJE PL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: May 5, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mAY nat..?tayt= ahStnl?Qfa re rec ntntiv of th nlnintift t t Sherifre Side- event that a representative of the plaintiff is not present at the sale.e sale must be postponed or stayed in the 14183 1 k I OZ .0 t NVF? wo"U 6 ??? $ we zo O Q ?. R NA M; d a a a W a x M i 0 0 U j 1 c 0 0 P: ? ?Q a if a 4.0 go IO r 1? 1 Ill lei' 9! Jill, I V1r "" N M a h .p Os O . .. il ? _N m IF 2s. r- ? L; aC w Exhibit "E" JUN-10-2008(TUE) 10:51 5hu9hart tam Office (FRX)7172414021 xN TM COURT OF COMMON PLYAS CUMBERLAND COMM, PJE W$nVANU DEUTSCHE BANK NAITONAL -MUST Court of Common Plcs COMPAN'Y', AS TRT MM.- Folt moRoAN STANLEY PAMTIMotimi CERTIFICATES, Civil Division SERIES 2806.3 . plaintiff CUI%ME LAND County vs, No. 06-6159 CIVIL TER. YEANNM M0164AND Dcfcodant o? AND Now, thls-L any _,:., zoos c rrou?o?a tatl? is ORAEN?E.? is wncnd the in rcm judgmant and the Shcriifis ORDEM to =Cnd to writ nunc pro tune in 111is tnsc as follows: Principal Balauce Interest Tbroagh Juno 11, 2008 Per DI= $215.27 Late Chargcs Legal fees Cost of Suit and I -Mr, she riffs Sala Costs ProMLy ZnspaCioos/ Prvptrty Preservation tipprais"rokers Price Opinion Mortgage I ec p' mium / Private MortPga Iusumce Non Suf$cieat Funds Charge S714,381.28 $128,470.8,c, 91,242.75 VX5.or $1,863.75 $1,438.15 $550,00 $190.00 $0.00 $0.00 P. 006/005 IL4 1 F,3 1 JUN-10-2008(TUE) 10:51 5hughart Law Office (FHX)7172414021 SuslmnsU-vlse. Credits 13,1rrow Dal'icit ($0.00) • -- 535,556 8fl TONAL ?88S,678.59 1 l u. i rlicri 1 fmrn Juac 11, 2008 through the date of salt at six percent per annum, Note, 'file ubDvp figure is not a payoff quotr . SheWS commission of Tn the abt :. IT1E 7. :'•":pit; !.Q. Bradford,E4guim !'•::. ;t 14.114n:u2 & Schmieg. LLP `' :: ll?t • tit.uj,:v;jrd. Suite 1400 PA 19103 ?n 1 f } J15.3-70,00 '. . , .1 ' Oki-3459 ..urh;l•:.Iv?.i11:yYi;? :..r-A11•. ??l??i1MANl3 '"' '•'?'•.1Pd1? '?13URG, PA 17050-7050 11:.;;: f•:tC n4c7ffi?1AND :.i`t:URN ROAD i• ; ?11.1141rN- URG.PA 17111 JEANNIE MORMAND 3120 PAIU1C V3Ew LANE HARRISBURG, PA 17111 141$31 . ?sr t,;OPV FROM "ECORL Ytlrlle. Ib0f8 U1110.>1.99i 0 #t?r? in iimd seal #f ON Caws St CAWS. Pa. Exhibit "F" aoW 8' _* ??-?s3t C Tax Parcel No. 10-14-0842-144 M©NM/?„Jh`/?SC. Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Deutsche Bank National Trust Company as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3 Real Estate Sale #20 Writ No. 2006-6159 Civil Term Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3 VS Jeannie Mohmand Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO.. 1, AS SHOWN ON THE. PLAN ENTITLED PINEHURST FINAL SUBDIVISION PLAN PHASE IVB, DATED AUGUST 22, 1996, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 73, PAGE 66, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN, LYING IN A WESTERLY RIGHT-OF- WAY LINE OF MONTEREY DRIVE (VARIABLE RIGHT-OF-WAY) AND BEING A NORTHERLY CORNER OF LOT NO. 2; THENCE ALONG LOT NO. 2, SOUTH 81 DEGREES 01 MINUTES 25 SECONDS WEST, 199.25 FEET TO AN IRON PIN, BEING A WESTERLY CORNER OF LOT NO.2 AND LYING IN A NORTHERLY LINE OF LANDS NOW OR FORMERLY OF BENJAMIN H. SMART, III AND LESLIE E. SMART; THENCE ALONG SAID LANDS AND LANDS.NOW OR FORMERLY..OF..EDWARD B. AND ELIZABETH H. DRAYER, NORTH 04 DEGREES 16 MINUTES 53 SECONDS WEST, 166.40 FEET TO AN IRON PIN LYING IN A NORTHERLY LINE. OF LANDS NOW OR FORMERLY OF DRAYER AND BEING A'.SOUTHERLY CORNER OF THE WERTZVILLE ROAD. RIGHT-OF- WAY, SR 944 (55 FOOT RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH. 81 DEGREES 49 MINUTES .57 SECONDS EAST, 161.00 FEET TO AN IRON PIN, LYING IN SAID RIGHT-OF- WAY LINE AND LYING IN A WESTERLY RIGHT-OFWAY LINE OF MONTEREY DRIVE; THENCE ALONG THE. MONTEREY DRIVE RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 53 DEGREES 34 MINUTES 19 SECONDS EAST, A CHORD DISTANCE 35.10 FEET, A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 38.92 FEET TO AN IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 08 DEGREES 58 MINUTES 35 SECONDS EAST, 138.57 FEET TO AN IRON PIN, BEING. THE PLACE OF BEGINNING. CONTAINING 0.724 ACRE. TAX PARCEL ID: 10-14-0842-144 ADDRESS: 1949 MONTEREY DRIVE MECHANICSBURG, PA. 17050 RECORD. OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie Molunand, by Deed from Neelu Enterprises, Inc., dated 01/30/2006, recorded 021062006, in Deed Book 273, page 269. The same having been sold by me to the said grantee on the 11th day of June Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 9th day of January Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six (2006) Number 6159 at the suit of Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Pass-Through Certificates, Series 2006-3 against Jeannie Mohmand. In Witness Wereof, I have hereunto affixed my signature this 19th day of June Anno Domini Two Thousand and Eight (2008) Jod Y y S Smith, Sergeant, for R. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Sergeant Jody S. Smith for R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the Facts set forth in the foregoing Deed are true, and that she acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 19th day of Jurie Anno Domini Two Thousand and Eight (2008) PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE _MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 3476 Stateview Blvd. Fort Mill, SC 29715 t Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200820748 Recorded On 620/2008 At 9:01:28 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 23429 User ID - KW * Grantor - MOHMAND, JEANNIE * Grahiee - MORGAN STANLEY * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT HAMPDEN TOWNSHIP $0.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF 2D * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. WOTM 111111111111111111 Exhibit "G" MEMBERS IsT FEDERAL : IN THE COMT OF COMMON PLEAS C RED1T UNION : CUMBERLAND COUNTY, PLAINTIFF : PENNSYLVANIA t Vs. NO.: 07 L JEANNIE B. MOHMAND DEFENDANT : CIVIL ACTION - LAW TMS LAW OFFICIO IS A DEBT COLIWWR AND WE ARE ATTEI rTMG TO COLLECT A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAINED FROM YOU WILL HR USED FOR THE PURPOSE OF COLLECTING T19E DEBT. YOU HAVE BEEN SUED IN COURT. Myou wish to def and against the claims set forth in.the following pages, you must take action within twenty (20) days uAer this Complaint and Notice we served by entering a w rium appearance peraotwlly or by attormy and filing in writing your defiers or objections to the claims set forth against YOU. You an warned that if you fail to do so, the caw may proceed v41ho+ud you and a judgment may be entered against you by the Court without fugm notice for any money claimed in the Complaint or far any other claims or relief reWested by the PlaintilE You may lose money or property or odw rlghts important to you. 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 SET FORTH BELOW TO FIND OUr WHERE YOU CAN GET LEGAL HELP. CUMBNLRLANU COUNTY BAR ASSOCIATION 2 L1HERW AVENUE CARLIK.E, PA 17013 (717) Z49 3166 OR (800) 9444108 Yard M. Ledebobm, Esq. P.O. Box 173 New Cumberland, PA 17470-0173 (717) 938-6929 MEMBERS I' FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: -UT Gu JEANNIE B. MOBNIAND DEFENDANT : CIVIL ACTION-LAW CO1m " AW- AND NOW, comes Members 1" Federal Credit Union, the Plaintiff in the above captioned maug, by and thmgb its attorney Karl M. Ledebohm, Empire, and makes the following complaint: 1. Plaintiff Memb=1*Federal Credit Union ("Members In, is aNational Fedad Credit Unm hmng a pnnclpal:addrm of 5000 Lmt m Drive, ]Medianicmbtug, PA 17055. 1 2. Jeannie-B. Mohmand.(referred to herein as "Defiwdant'}, is an adult individual having a last known address of 4020 Lisburn Road, Iv[echanicsbutg, PA 17055. 3. Tho avermaats set fort in paragraphs l through 2 are incorpmt?d herein by reference as if set &dh in full. ; 4. On or about November 16, 2005, Defendant executed and deliven'ed to Members 1 R a Closed End Note, Disclosure, Loan and Security Agreement (the "Note A") by which Defendant bormwed from and agreed to repay to Members I't TWENTY-FIVE THOUSAND AND 00/100 ($4000.00) DOLLARS. A copy of Note A is attached hereto as Exl&it "A" dnd made part hereof. 5. Note A has never been assigned by Members I' and is still hold by it as a valid and subsisting obligation of Defendant. 6. Pursuant to the terms and conditions of Note A, Defendant agreed to pay to Members t" monthly installments of principal and interest in the 4mount of at .least $552.13 each beginning on December 15, 2005 and cominaipg on or before the 15i0' of snob month their. 7. Defendant is in defaukt of Defendant's obliptions under Note A ads a result of DefaWw s, failure to o-makee the its duo to Plaintiff as set faith in Note A. 2 B.' Byletter detedNovember 24, 2006, ad&=sed to Duofandwts ("13emand Imo, Memhecs 1" exercised its rights under Note A and aeWerated all amowu doe undevNote A anddetandod dm paymant of-all aingunts due under Note A.-A copy of PlainWs Demand Letter is attached horeto as Exhibit "$" and made part hereof. 9. As of January 5, 2007, Defendant is indebted to Members 1" in t6ne amount of TWEN'f Y-.TFA?EE THOUSAND EIGHT HUNDRED THIRTY,?IX AND 8711.00 ($23;836.87) DOLLARS ibemixed as follows: a. Outstanding principal $22,172.84 b. Interest to January 5, 2007 568.59 C. Late Charges d. Attorney'a fees. 95.44 000.00 e. Total due to Members 1 st as of January 5, 2007 $23,836.87 *Attmwf s few are estimated based upon the terms and conditions set forth and agreed to by Defendant under Note A. Defendant will be revonxI& for the payment of actual reasonable attorney's fees incurred by Members to the.exteni permitted under the terms of Note A. 10. fiftest continues to accrue on the above obligation at the rate of $4.3131 per day. 11. Defendant also agmed under the term and conditions ofNoto A that in fibs event of dexult there under.Deftndent would pay, in addition to tie amourift d forth in pwagraph.9 above, costs incurredby Members 1'a as a result ofthe institution of then lqgdAweeding& 3 12. As set frnth above, Meanbets 1s" has mode demand.upozt Defend" to make payment *fall amounts-due to MembM 1" under Mote A and, aj of the date bareaf, :Defentlad.has filled ai9-rie*sed.to make payment of all Wxh amounts due to Mambas 1": WSEREFORE, Plakti$ Members 10 Federal Credit union, dematads judgment against Uefeodant, Jeatmle B. Molmmnd, in the amount of TWENTY THM THOUSAND BIGHT HUNDID3D'l H R1 TY=SIX AND 8711 oo ($23,8U.". DOLLARS together with interest at the rate of $4.3131 per day through the dab of judg?cnt hereon and at the legal rate on and after the entry of judgment on. this complaint dwqugh the due of payment, additional attorney's fees, if any, and costs of suit. 13. The averments set forth in paragraphs 1 through 12 are incorporated herein by relevance as if set forth in M. 14. On or about November 23, 2005, Defendant executed and daliveded to Members 1" a Open-End Credit Plan (the "Note B') by which Defendant agreed to bon-ow and repay to Members 114 together with interest turd other charges set forth in Note B any and all mnousts advanced to. Defendant under Note B up to a maximum credit limit of TWENTY THOUSAND RAND i 001100 ($20,000.00) DOLLARS. A copy of Nate B is attached heim as Exhibit -C" and made part hereof .15. Note -B has never been assigned by Members Ia and is still field b? if as a valid and subsisting obligadon.ofpefbndapt. 16. At Defendu rs raiu=4 M=bers a" advauad f cads to Def ndw under Note B. and pumunnt to the berms and cowHfiam of of a B, Defendant agreed to pay to Members flanof sedh.fw& acivsncod. ly OwWlmem ofFWCh l and interest in.the minimum amount of $400.00 on the 23'o day of the month following the advances to Defendant and continuing on or before the 23`d day of each _man* them 17. Deft is in default of Defendant's obligations under Note B 03 a result of Defeudanes f*= to.make .the pWWeW due to Ples`atiff as set 0orth in Note B. 18. By letter dated November 24, 2006, addressed tD Defendant ("Demand Letter"), Members 1" exercised its rights under Note B and accelerated all amounts due under Now B and demanded the payment of all am6unts due under Note B. A copy of PlWnWs Demand Leiter is attached hirm as Exhibit "B" and made. part hereof 19. As of January 5, 2007, Defendant is indebted to Mendws 1" under Note B in the amount of TWM Y-ONE THOUSAND FIVE HUNDRED SEVENTY- SEVEN AND 751100 ($21,577.75) DOLLARS itemized as foll"s: a. Outstanding.principal $19,071;73 b. Int Mt to January 5, 2007 1,386.'02 o. Late C.batges 120j 0 d Attorney's ithes • e. Total due to Members 1 st as of January 5, 2007 $21,577,75 5- * Attorney's fees areestimated bawd upon:the terms sad conditions set forth and agreed to by Defendant=derNote B..Deftdant will be responsible for the payment of actual nee attorney's fees hww ed by M.er?tbers I' to the extent permitted under the term ofNft B. 20. Interest continues to accrue on the above obligation at the rate 4$6.6620 per day. 21. Defendant also agreed under the tetM and conditions of Notc B ghat in the event of dc-fault theav under Defeadan t would pay, in addition to the awa nds set forth in praph 19 above, casts incurred by Members 1'e a result of the institution of these legal praccedings. 22. As set forth above, Members I $'has made demand upon Defendwa to nudw payment of all amounts due to Members 1" under Note B and, as ofthe date hereat; Defendant has tailed and refused to make payment of all duch amounts due to Members 10. ?V =XFORE, Plan= Members 1° Federal Credit Union, demands judgment against Defendant, Jeannie B. Mohmand, in the amount of TWENTY-ONE THOUSAND FIVE HUNDRED SEVENTY-SEVEN AND 75/100 ($21,577.75) DOLLARS top&cr with interest at the rate of $6.6620 per day.through the date of jet bmw and at the legal rate on and after the entry of judg meat on this complaint through the date of payment; additkmW 900cnWs fees, i€any,.and costs ofsuit. : R?1Y sabmitted? wj*L%"W W!/[L LIJ : J'rYVl[ P.O. BOX 173 New CumbftluA-PA.17070-0.73 (717138.6929 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCO YORK FEDERAL CREDIT UNION NO.. 07- a8?olo Ci+?i t PIaIMIff, V. CIVIL ACTIONILAW JEANNIE MOHL AND Defendant NOTICE TO DEFEND 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 (24) days after this Complaint and notice are served by entering a written appearance personally or by attorney and Ming in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without any further notice for any money or relief requested by the Defendant. 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 OR CANNOTAFFORD ONE, GO TO OUR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Phone (717) 249-3166 IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCO YORKIrEDERAL CREDIT UNION NO. Plaintiff, . V. CIVIL ACTION/LAW JEANNIE MOHII AND Defendant NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. SI_ usted desea defeenderse de las quejas expuestas an las paginas siguientes, debe tomar action dentro de veinte (20) dies a partir de la fecha en quo recibla 19 demanda y el aviso. Usted debe presenter comparecencle escrite en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeclones a las demandas en su contra. Se to avisa quo si no se defiendq, el caso puede proceder sin usted y la Corte puede deeldir on su contra sin mas aviso o notificaclon por cualquier dinero redamado en la demanda o por cualquier.otra queja o compensation reclamados por el Demandarde. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMAMA A UN ABOGADO 1MMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO; VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OSTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PIE:NNSYL.VANIA ACCO YORK FEDERAL CREDITUNION NO. Plaintiff, v. CIVIL ACTION-LAW JEANNIE MOHMAND Defendant rQMPL.AINT NC AND NOW, TO WIT, this day of May, 2007 comes the Plaintiff, Acco York Federal Credit Union, by its attorneys, Kagen, MacDonald & France, P.C., and more speCi5cally Edward A. Paskey, Esquire and files the within Complaint as follows: 1. The Plaintiff, A= York Federal Credit Union, Is a Pennsylvania lending corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having an office at 1528 Rodney Road, York, York County, Pennsylvania 17404. 2. Defendant is Jeannie Mohmand, an adult individual, who resides at 4020 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 3. At all relevant times, the Defendant has been the veal owner of a tract or parcel of land, with buildings and other Improvements thereon, located at 4020 Lisburn Road, Mechanicsburg, Pennsylvania 17055 {the "Premises"}.. The Premises are more specificallydesafbed hereinafter. A copy of the deed is attached hereto as Exhibil `A" and Incorporated herein by reference. 4. On or about July 13, 2005,.. In considerabonn of a loan of $25,000.00, made by Plaintiff to Defendant, which funds were. received by. Defendant, the Defendant, as Promisors, executed and delivered to-the Plaintiff, as Promisee, a mortgage note dated July 12, 2005, (the "Nate"), In the principal amount of $25,000.00 (the "Principal"), and requiring the payment of interest on the Principal at the rate of 9 percent per year (the "interest"). A true and convict copy of the Note Is attached hereto as Exhibit Ir and Incorporated herein. 5. The Note obligates the Defendant to pay to Plaintiff the Principal and interest in equal, consecutive installment payments of $401.69 each (the "installment Payments"), on the 30th day of each month beginning July 30, 2005, until the Principal and Interest are paid in full. 8. The failure of the Defendant, inter aila, to pay when due and payable the Installment Payments and Renegotiated Installment Payments constitutes "default" as defined. under the terms of the Note. 9. The Defendant has failed or refused to pay the Installment Payments due and payable on the 30th day of June, 2006, through April, 2007 constituting defaults under the terms of the Mortgage. The sum of these amounts Is $4;418.59. 11. The terms of the Note provide that upon the occurrence of a default by the Defendant that the Plaintiff may accelerate and demand immediate payment of all sums secured by the. Note. 12. The sums. presently due. and payable to Pielntiff by Defendant and secured by the Note are computed as foilows: A. Unpaid principal $ 22,661.60 B. Unpaid interest through April 30, 2007 $ 9,481.67 C. Attorneys fees $ 11500.00 TOTAL. $ 25,643.27 WHEREFORE, Plaintiff demands judgment in the sum of $26.643.27 together with costs and interest from the date hereof as a result of the Defendant's default on the note. Respectfully Submitted: KAGEN, MACDONALD & FRANCE, P.C. Edward A. Paskey, Esq Attorney ID No. 80304 2675 Eastern Blvd. York, PA 17402-2W5 Phone: (717) 757-4565 Attorney for Plaintiff I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, iniarmatlon, and belief. I understand that false statements `hereln are made so*ct to the penalties of 18 Pa.C.S.A. Section 4904-relatingto unswom falsification to authorities. Dated: I .IrIA BY- C- Penny Gentile , CEO Acco York Federal Credit Union Exhibit "H" COUNTER OFFER Date: 0810ON08 Bu Address: 1949 MONTERLr'Y DR Seller. Owneroflxcord NECRAMCSBURG, PA, 17050 This is a Cotmter Offer to the Oar and Seller Addendum dated 08/06/2008, regarding property located at 1949 MONT Y Dlt, MECHAMCMURG, PA and supersedes any prior Counter Offers and/or Bayer's addenda between Owner of R,eomd, Seller, and Buyer. Sellees Addendum and all veins not mconsisteat with this Counter Offer remain effective. Both Counter Offer, Seller's Addendum are attached and will supersede the contract to the extent they are consistent. 1. Sales pace to be $500,000.00 2. Buyer is to deposit earnest money 03-40,000.00 in listing agent's eacro'w aecaunt or with Sellees dosing agent upon acceptance of this counter offer. Seller will be enable to accept enure contract without written proof of the Bay es earnest money deposit. 3. Seller will make no repairs or inspections to the subject property unless expressly addressed below. Should any lender or any insuring entity or agency require that certain repairs to the Property be made or that certain other conditions be mot, the Seller, at its sole option, may comply with such requvcments or terminate the Contract. Eiurdw, should any PHA, Conditional Commitment or VA Certificate of Reasonable Value vary from the agreed upon purchase price of the property, then Seller, at its sole option, may terminate the Contract. Seller will pay a maximum of $0.00 toward lender required repairs only. If tender required repairs are less than $0.00, any excess shall be credited back to the Seller. Buyer must provide documentation from lender specifying list of required repairs. Bids are required for repairs and must be supplied to the Seller from bonded, licensed vendors for review and approval. All work will be scheduled and ooordinated by the listing agent. Repairs will not be authonzod until Buyer provides documentation of full mortgage commitment. 4. Termite inspection will be the responsibility of the BUYML Any termite corrective work and/or treatment will be at the expense of the BUYER, unless otherwise noted below in paragraph dumber 1 I. 5. Closing is to occur on or before 10/0312008. Time is of The Essence. No extension will be given without prior written approval. Seller reserves the right to extend closing date if legs'ble copies of signed contract are not received in a timely madder. Ile Buyer shall be charged a per diem fee of $50.00 per day for any extension of the escrow period past the closing data of 1010312008. Tire Buyer shall not be obligated for any delays caused by the Seller's title company/closing agent. Closing to occur at office or physical location of Seller's choice. Buyer may use counsel of choice as representation at settlement. Seller will pay for Owners Title policy if closing occurs at Seller's directed office and the Owner's policy is ordered through closing office listed below. Seller's representation will be. Name: 6. Seller mill pay a maximum of $.00 towards Buyers closing costs(tlus includes non-allowables, prepaid aced points). If Buyers closing costs are less than this amount, any excess shall be credited back to the Seller. If applicable, MIA or VA non-allowables will be capped at a maximum of $0.00. This will NOT be additional to any incentives offered if applicable. 7. Agent commission will be paid in accordance with the listing agreement Agent oommmission will be based on the. sales price of $500,000.00 If property does not close, no commission will be paid. Matter)OD:145290 Buyer IntitialsA l5. ,-) M. ?L Psgc 1 of s A Copynght 2006 Prcom Asset 3avices, All Rilpts Resayod 08/19/2008 7:55AM Address: 1949 MONTEM DR. . Buyer bW-CMMCSBDRCr, PA, 17050 8. AU rations in «? . -?- . s„- ' w. ;11(. I cloclmg without limitation, pro- arcs of any and all taxes, fees, &Xdies, homeowner or condominium association assessments and dues and any and all other daages against the Property reflected on the sottlearent statement and executed by the Seller are final. No adjustments or payments will be mace by Me Seller after Closing. 9. FINAL, OFFER ACCEPTANCE IS SUBJECT TO INVESTOR APPROVAL:. 10. No other incwtives apply. 11. AS-IS, no repairs, no concessions. The original contract and all addenda must be received by Seller witbm Sve (5) days of the date of this docment Offierm e, Seller can terminate the contract for Buyer's non pafolmance, original contract including all original offal and counter offal are subject to review and signature by Sella. Unless acceptance of this Counter Offer is signed by the person receiving it, and communication of acceptance is made by delivering a signed copy in person, by mail or by faesunfle, whtch is personally rayed by the person malang this Counter Offer by 5:00 p.m. tl8/1 W008, this Counter Offer shall be deemed revoked and deposit sball be returned to the Buyer. This Counter Offer may be azouted in cow to parts. As the person(s) making this Counter Offer on the tents above, receipt of a copy is acknowledged. 13uyer Inatials yu • S? M . K• 0 C-.' ,a page 2 of s 0 Copynght 2006 Premia+o And Scaviom All Rights Resa nd 08/19/2008 7:55AM Property Address: 1949 MONT1GnY AR, MECRAMCSBURC, PA, 17050 STANDARD SELLER'S ADDENDUM This Seller's Addendum is attadied to and is It part of the Offer. The Seller's Addendum will supersede the contract where mcousistent The following terms and conditions are accepted and incorporated into the Purcdase Contract, subject to the followwg, and in accordance with certain state requirements: paragraphs in the purchase contract (offer) which require untials by all parties, but are not initialed by all parties, are excluded fiom the final agreement. Unless otherwise specified in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original offer. 1. Property is sold in its premt "As Is" condition with no warranties, repairs, or inspections; completed from the Seller, unless acpressiy, addressed below. Buyer agrees that by dosing hereunder Buyer has reserved no promises as to condition and no wmranties, and has been afforded an oppo M mty to obtain an inspection by an inspector of Buyers choosing. No personal property is included in this sate, unless otherwise specftL 2. Buyer agrees that in contracting to buy the Property. Buyer has not relied upon any representation made by the Seller or Wdls Fargo ]:Tome Mortgage, or any parent, subsidiary or affiliate thereof, or my of their officers, directors, employees, agents or representatives. 3. Buyer shall provide proof of funds or shall obtain a free Pre-Qualification letter from Wells Fargo Home Mortgage and shall subunit same with fins offer. Buyer is in no way obligated io obtain financing from Wells Fargo Rome Mortgage and is fixe to obtain financing from any lender Buyer chooses. If Buyer does not submit either ofthe above with this Offer or within two (2) business days of the date of this offer, Seller will not consider the offer. Buyer shall nave final written loan approval at least ten (10) days prior to the schedule closing date. 4. Buyer has until the 7th calendar day from the date of the fully ratified contract to declare contract null and void as a result of inspection findings. After the 7th calendar day, Buyer is obligated to complete the pus chase or forfeit there earnest money deposit 5. Buyer is advised that Seller works closely with certain escrow compaiutcs, title companies, title agents, tale attorneys, and other closing agents that are familiar with Seller's forms, documents, procedures, and special requirements. By utIIizmg such entities, Seller is generally able to achieve closings gwoUy and efficiently. Unless Bayer chooses otherwise, Seller will deposit the contract with a company, attorney or agent of Seller's choice to perform all necessary title services and products either itself or through a title company chosen by Seller. However, Buyer is advised that the use of such companies, attorneys or agents is not requtred, nor is such use a condition of the sale of the property to Buyer. 6. Closing to occur' at the office or physical location of Sellees choice, Buyer may use counsel of their choice to relent the Buyer at closing at Buyer's expense. 7. Seller will pay for Seller closing casts agreed to with Seller's Preferred Closing office as well as any costs agreed to on titre PAS Canter Addendum at closing. If Listing/Selliitg Agent or Buyer initiates title or dosing with a different Attorney or Closing office; any additional Seller closing costs beyond those that would be charged at Seller`s Preferred Closing office, including but not limited to, titles closing and misc. fees, will be the responsibility of the Agent or Buyer_ 8. Seller does not agree to Arbitration and Mediation, 9. Seller will not assign to Buyer any rights to arty insurance claims and proceeds covering destruction or damage to property. Further more, Seller's insurance policies are non-transferable and will not be prorated at closing- 10. The onginal contract and all addenda (or clear facsimile copy) must be received by date specified in the counter offer. Otherwise, Seller can terminate the contract for Buyer's non-pafmziance. Original contract including all oigpal offers and counter offers are miWect to review and signature by Seller. 11. Buyer is aware that the property will remain on the maticet during the counter stages and that any and all offers will be considered. 12. This contract may not be assigned. 13. This property may be subject to ground rent, the seller will not redeem the ground MatterID: 1455M Buyer Intitials . e I ?-• C PdV 3 of tr ri Copynghr 20061 Mmmm Asia Scrams. All Rights Ttcscrvcd 08/19/2008 7:55AM Property Address: 1949 MONTEREY DR, MECRANI~CSBUR , FA, 17050 14. Any special assessments, municipal assessments, or liens that are due or incurred after closing will be the responsibility of the Buyer. Sella does not agree to comply or bring property into compliance with any and all violation notices or ruts noted or issued by any governmental authority, or actions in any court on account docof against or affecting the property at the date of settlement of this coat ict, unless expressly addressed in the Seller's Addendum or Counter Offer. Buyer specifically agrees to comply or bring property into compliance with any government code or other requirements. 15- The Seller requires 72 hours prior to settlement to review and execute any lender required documents, MMI, and/or air other doctnnents requiring the Seller's signature. The Seller cannot be responsible for any Was or damage due to settlement being delayed if the Seller is not given the full 3 business days for review and execution of these items. 16. Prohibited sale: The following are strictiy ptobibited from directly or indirectly purchasing any properry? owned or managed byPremiere Asset Seme= (i) employees of Wells Fargo, its affiliates or subsidiaries and their immediate family members; and (ii) the agents, croployees and funtly members of the listing real estate agent or agency- Buyer Intitiais ( b4 .6- 17. Title to convey via specnalAitnited warranty deed. Not withstanding legal description in this offer, addenda or counter oft, the legai descnption according to title report shall control. 18. Seller will not provide a survey, appraisal or a home warranty, unless otherwise sped i:4 in the sellers counter offer. 19. If applicable, retrofit to be paid by Buyer(s). Seller represents that the property as of the close of escrow, will be compliancewith Health and Safety code 19211 by having rwater heaters braced, anchored or strapped in place in accordance with these requirements. (California only) 20. All proration, inci t ft without limitation, prorations of any and all taxes, fees, utilities, homeowner or condommiurn association assessments and dues and any and all other charges against the Property as refiecred on the settlement statement executed by the Seller axe final. No acyustments or payments will be made by the Seller after closing. Tax Pro-rations shall be based upon the last ascertainable actual tax bill and shall be final as of closing. 't'here diall be no pro-ration adjustment. This paragraph controls all pro-rations as descnbed, regardless of language to the contrary in the offer, addendum or counter offer. 21. The Buyer shall not be allowed, under any woumstance, to receive fiords from the closing that exceed the amount of the earnest mmieyplns prepaid deposits paid by the Buyer. In the event that the proposed HUD reflects proceeds to the Buyer is excess of the earnest money and prepaid deposits, the closing cost credit by Seller shall be reduced so that the Buyer receives an amount exactly equal to the earnest money amount, plus prepaid deposits by the Buyer. 22. FWAL OFFER. ACCEPTANCE IS SUBJECT TO RVESTOR APPROVAL. 23. Seller shall have a minimum ofthirty (30) days from the earlier of the closing date or the date upon which Seller receives a copy of a We insurance comrnitmenWile report within which to resolve title exceptions, defects, or other title issues which In any way impede or impair SeUdS ability to convey insurable title. If, within such thirty (30) day period, Sella determines that it is unable or uswt'lling to resolve such matoe is, the Buyer (1) may talc title in its then state, thereby waiving any title objections, or (10 terminate the contract and receive a refund of any deposit as 13uyer's sole and exclusive remedy. Alternatively, in such circumstances, Seller may terminate the contract and refund Buyer's deposit, such refimd being Buye?s exclusive remedy for such termination. In the event Seller fails to resolve such issues within the aforesaid thirty (30) day period, it shall be presumed that Seller has determined that it is unable or unwilling to resolve such issues. 24. Termination of C in raet: In the event the Contract to tenuinated by Seller pursuant to any provision of U Contract, this Addendum, or any other addendum or counter offer, Sellees sole liability to Buyer will be to return Dgyer" s deposit, at which time the Contract shall cease and terminate and Seller and Buyer shall have no further obligations, liabilities or responsibilities to one another. Notwithstanding any language to the contrary in tine of fer, addenda or counter offer, if buyer defaults in the performance of the contract, 100% of the earnest money will go the seller Buyer Intitiais 6t . (`. r l t - ' • & cap 4 of g 0 Copyright 2006 Premwc Auer Serviom, All Rig its Reserved 08/19/2008 7:55AM Property Address: 1949 MONTEREY DR, MECHANICSBURG, PA., 17050 25. Notwithstanding any language to the contrary in the offer, addendum, or counter offer, in any action or proo"ng between buyer and seller, seller does not agree: to mdemnffy or bold brolcerl s) harmless from and against any and all haNity, loss, cost, damages or expenses incxnred by Broker(s)- 26. Seller makes no representation and advises buyers to matte their own investigation to determine the source of the water sWpiy and type of sewage disposal system,. 27. Thus property may be subject to a redemption period per your State's requirements. It is important that you check with the closing attorney or closing again on your We to see if these periods have expired, as the subject property would not be available for closmg until the period that applies has expired, or could possibly not close doe to a prior mortgagor or lien holder exercising blear option according to the applicable period that would apply in your State. Seller melts uo, guarantees or representations on dmefmmes of expiration of redemption periods as may apply in your State. Should one of the above periods apply to your sale, and prohM dosing, Buyer may exercise option to canoed the contract of sale and receive earnest monies back from Seller. No additional compensation will be paid by Seller for any ettpenditure made by Buyer regarding this property. 28. If the buyer is participating in a 1031 Exchange, the buyer(s) understands and agrees that all obligations related to the purchase of this property and the timeliness of the closing shall ranam in full effect regardless of the buyer's participation in the 1031 Pachanga Buyer(s) shall remain solely responsible and liable to the Seller for Buyer(s)' performance of each and every warranty and obligation under this agreement. 29. Pursuant to the Department ofthe Treasury's Office of Foreign Assets Control ("OFAC"), Premiere Asset Services is protuNted from engaging in any transactions with any individual or entity that may appear on the list of Specially Designated Nationals and Blocked Persons, SpeciallyDesiguatod Terrmuts, or SpeciallyDeagnated Narcotics Traffickers. Therefore:, the following mfonnation must be provided If Buyer fails to provide this information, Seller will not consider your offer. This mformation will only be used for the sole purpose of screening against OIFAC's list and the World Check List. Buyer Intitrals N • SS 4 -d " `0- Page 5 of 8 0 Copyngk 2006 Premm m And Services, All RiPU Reactvur 08/19/2008 7:55AM Property Address: 1449 MONTEREY DR, MECHAMCSBURG, PA, 17050 PROPERTY CONDITION ADDENDUM Addendum to the purchase Contract accepted by Buyers for property located at: 1949 MONTEMY DX N ECHAMCSSURG, PA. LEAD43MIED PAINT DISCLOSURE This contract is contingent upon a risk assessment or inspection of the property for the pro ence of lea&based paint and/or lead based paint hazards at the Purel serls expethse until 9 pan. on the seventh calendar day after ratification. The lead-based paint that is in good condition is not necessarily a hazard. See the EPA pamphlet Protect Your Family From Lead in Your Home for more uiformabon. This contingency will terminate at me predetetrnined deadline unless the Purchaser (or Poirhaset's agent) delivers to the Seller (or Sellers agent) a smitten contract addendum listing the specific existing defioiencies and corrections needed, either with a copy of the inspection and/or risk assessment report. The SeHer may, at the Seller's option within 10 (ten) days after delivery of the addendum, elect in writing whether to correct the canditYon(s) prior to settlement. If the Seller will correct the condition, the Seller shall forrush the Purchaser with certification fom a risk assessor or inspector demonstrating that the condition bas been remedied before the close of the settlement. If the Seller does not elect to make the repairs, or if the Seller makes a oc unter-offer, the Purchaser shall have 10 (ten) days to respond to the counter-offer or remove this contingency and buy the property in "as is" condition or this contract shall become void The purchaser may remove this contingency at any time without cause. Buyer aclmowledges they have received the Lead Base Paint pamphlet. Yes 0 N/A 9 Buyer Intitia "A84V DISCLOSURE Buyer is aware that Seller acquired the property which is the subject of this transaction by way of foreclosure, and that the Seller is selling and Buyer is purchasing the property in an "AS-IS" COMMON WrMOTJT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. Buyer acknowledges for Buyer for Buyees successors, heirs and assignees, that Buyer has been given a reasonable opportunity to inspect and lnvestlgate the property and all improvements thereon, either independeat ty or t burgh agents of Buyer's choosing, and that in• purchasing the property, Buyer is not relying on Seller or its agents as to the condition of the property and/or any improvements thereon, including, but not lkdted to, roof, foundation, soils, electrical, plumbing, heating, basement, mechanical systems, water or septic systems, geology, lot size or the existence of termites or other wood destroying insects, radon or hazardous substances, whether or not the property is located in a flood zone or whether the property conforms to local ordinance or regulations, mcbi&g zoning or suitability of the property and/or in compliance with any city, county, State and/or Federal statutes, codes or ordinances. Buyer is not relying on Seller or it's agents as to the condition of propetty and /or any mtprovMents ttunoon, including but not limited to mold, roof; foundations, eta THE P'RIMSES WERE ACCEPTED VMHOUT CATION OR WARRANTY OF ANY KIND OR NATURE AND IN AN "AS IS" CONDITION 13ASED SOLELY ON BUYER'S OWN INSPECTION. A winterization may have been performed at this property pursuant to a work order issued by the current owner. The sole purpose of a winterization is to prevent damage from freezing pipes. The winterization completed at this property was a system, shut-down only; the plumbing system was not tested for damage or leaks. T%s procedure is not a vn mity or warranty of any kind with respect to the HVAC, plumbing, or any other mechanical systems at this property. The plumbing system should be de-winterized by a licerised contractor or phpber before the water is turned back on, to assure that the system is operational. Buyer lntaitials N. - ?- I may _!<• CT- Pap 7 of S 0 Copynght 2006 Pmmlcrc Assn Scmm. All Rights Rawwd 08/19/2008 7:55AM 'Property Address: 1949 MONTEM DR, NUVAMCSISURG, PA, 17050 MOLD DISCLOSURE AND RELEASE Buyer is hereby advised that mold and/or other microscopic organisms may exist at the property known as 1949 MONTEREY bit, MECE(AWSBURG, PA. Such microscopic organisms and /or mold mxy cause physical injuries, including but not limited to allergic and/or respiratcay teactions or other problems, particularly in persons with immune system problems, young children and/or elderly persons. Boyar ackwwledges and agues to accept full responsibility/r a for any matters that tnay tesuit fivm n icxoscapm organisms and/or mold and to hold harmless, release and indemnify Seller and Sellers managing agents from any liability / recourse / damages ( financial or otberwise ). Buyer understands that Wet has taken no actloa to remediate mold. Buyer hereby sftowiedg= this disclosure and release and is aware of the condition set foa theaein. This disclosure and release is executed vohwWfly and with full knowledge of its signiticanoe. Wells Fargo Home Mortgage, Premiere Asset Services or managing agents are not qualified to mspect party for mold or make reoommandationi; or determtttations conoeming possible health or safety issues. 'The purpose of tins disclaimer is to put Buyers on notice to conduct heir own due diligence regndmg this matter using appropriate, qualifiod experts. This is a legal document and Buyers are advised to sea legal counsel price to executing same. ropy' WOWTA"NOT7CB: This document w4 coq&aizi iq ommai/on that is considered confidential and may not he ftwndded through un4acir pled malL Tli ftuk n of iirformatron on this doeament s[wald be eohWeW by uploading to theAgentPortal or by faxing with a coverpage to 866-859-0455. Premiere Asset Services - v1.0 Page 8 of 8 0 Copynght 2006 PretntmABaetSeNiom All Rights Rewyed 08/19/2008 7:55AM STANDARD AGREEMENT FOR THE SAYE OF REAL :STATE Tait Qm mw maeded iod aptood ft oat nt moomd eswa W. be moaeas of &e to ybimm AmmU marltEAb70RSb RA4 BROKER i ADDRESS WrM PA A&R PRONIB FAX ,_ Des ted ACene C]Yes We TRANS UMNY.K B PA LICEKSID BROKER PItO FA$? ed as Ye: o BROKER YS TIRMAIG t' FOR Bill Nnwwis Ngrthe Agent Ihr Barsad b aramt (lrcatxx" bMwr A(3ltTTP POASEILER QSUBACBNT FOR SSLLKR a1RAMACnON LiMM When tie rasa BrdW Is /Moat for Seder and ANedt for Buyers BMW 9 A Deal AgML AN of Bee W$ Aoaaseat are aim Dart AMb UNLE W Oft Inn separate Doonfed Ag mw hr bqw and SoNK tribe mate Loam it & Naated pr Sdbr add Bt W, de 1 ioiweee at Daat ACuL I L This Aveemelll4d_aea July 31. 2008 . u btdreen 2 SEId ERA ara?r^ r >< t]t1{?? ?S?rA__ s 4 talkd'tScNcr,' and 5 BUYERi51: 6 7 .tylied "° a 2. rROPEftTY p?4519dkt btat? peas toteN add oaovly a BtQcyr'a0laaab7' agtea 1o pttrebasa 9 ALL TEAT CERTAIN lot or (dace afgmmtd wkb baddidp and latprov eph mereoa maned. It my, am" ar 10 1949 manta v unw. nanlOMM PA 1 050 it atbe Township ar Hemoden 12 Coomy or Cumberlaend a da Canuumovalth of ramvivanat. Weolrxa9od (t r,. T*x lD Aq Pared ft; 13 Let, MoGr Dodd Boon. Pate, Recordiaa Data): 14 A TSRMS04* 15 (A) PecWasaPrix Five undred thousand Man- 16 500000 U.S. Da "4 17 ttirkb w>t1 be t 19 Scar kW ftTer as follows: Is 1. Crib or mass m st Av% dta ASteea ut 54Q OOOOQ Cam oraroac attain days of ate exaCabatt of Ihfe AgletMaatC 19 1 20 3. 21 4 Cub or caibids errant of tune otsetdemcaC eeom 22 TOTAL SSOO? Os_00_80 23 (B) Dmanu trued by 0vM wltldd 30 DAYS orxMedWwdi be by calk m eaddWs rt ocL Depomis. regardless ofda berm orpovioant 24 and iho ee4an dmpmd as pgft wdl be paid is U.S. Doilw w Dmkcr Gtr Shcor(umcuotlla mw weed here), 25 WudWMrG;RM ome m w to esaan owoW tvwl c= mmolm a xmmvtM of ibis Alptemem it oWW=ty wldt lift antcabta teas anat tgsu "AM Any 27 ratw Unctrce as doeml amaaet my be bdd won= ptbdla` ft uxep ncv orM Agreslna4. 21 (C) Sdka's wmm aWvval a been w FridIY, August 1, 2008 29 (D) Sedion it to tic as Fylday. OCitSber 3.2008 . ae athro nwero d wW W" 9o (L) Sop>anau wilt oar m the cotm ov the Prapaty"!orated arm ta.gpcaor ooar+tl?. awing Want battltcar wku ftw and 31 Stdleragretalhawlse. 32 (r) CoareyaioefvmShcarwNbebyfeosuaplegaedo[f0actalweraxPuotmotoeeMneeegaedlwt" 33 34 (() PoMc=of tivWcruvAs wit be dWdw aanlly beoeem Surer lard Selkra*u W,awuo pdW lava 35 36 (11) At trots of ld0week d* Ibilowtaa will to a4mod pro•riu on a daily base oel"M Boyer M Std rambttsnts watee appiutblx ca- 37 rad taxes (soe Inibrnaaoa Reding Real 'UM Tvoo* rum; man as on mtxtgate a rzoptfm ao,wwaaaut Rea and aaoaoama• two- 39 evi&= few; water oWw awa tact, sopOw wM tuft steer No** lma wqW a ace. All Warp will be ate+aled fbr the pettod(s) eov- 39 aed. Sot Will My m m and meludlag an date or xRlemedt arcs Bayer will ply for aft alga Illowas neat eWK a doss 06mvi a at" 40 bero: 41 Bayer 14100h: a ° A/9-R Page l of)•'1 Sdkr InNla 1vI- (d.6? wopt=RV.LMRMWCbmiw*4 etaaGtt MWNRptMa $WFA PA 11111 lRa?plnts2-11a PaeplbdS>-1tW 08/19/2008 7:55AM BROXIM IS T ' AG R SELLKIL OR1 (If diedood blow; VaUer a NOT*& Atari 1brSaSer aad Is char U [AC£NT 1i^ M SUPER JIUYER'S BUSINrA RELATIONSAIP*% 42 Ar. FMTOizns&PUSSONALPROP1UiT V45) 43 (A) WCUMBD m slat. sate are dl acuuog items ore wmaty tttstaUW in mo 1+r m*, fmc of Garin matwling > hNUM iinuft !1x- 44 twos Cmemdtng m.adcias and wiling feaex water ft tatmt syMM9 hoot and spa aaatummt: gsage door daemon and trwsMilaa; taw 45 vision rttdaarttt: tmpotted Mnubbtay. p" w and Ives, top' reirmuog bating and oootdng tads ow on the Propa V at t(ta tam of wir 46 Gament: stamp paaNSti srotase sherds; afaAaaces; well to *d awuatbtg; addbtg window so v storm wmom 0nd aYm*wm doors, 47 wmdoW e0vetiag mrawwr- shades ON MR-0 Slid pro UMVIOM tnuys OMww e 48 sttaaa.AMincludkd:_ r, )Q%L7 - rM, Ai 1((,lf11_ 49 so (B) LBASM deans (not owned by Sella} St 52 (C) MOCLUDED rlxwm god *WW. 53 54 S. DA7138f1'II?s><13 Op1I{B>S YQB(? 55 (A) The SCINCO It OM Sat e11' ashes load and tim0s retbn.d to tar die patbrmumw of Soy of the Obi 9MXM of ffik Agroweist arc of the esscooc 56 aaamobiioft 57 (8) )Tor arnrooses of this Apemml; the mtmoa of days wail ba oowdw bin the date of axecuban, as oft rho day dals Apttemeut was axe $9 lima aid Inctuft me last dap of the time period. 7k 1::006'11 m Date of tiib Agmement is the duo when Buyer and Seller have mdeatat 59 fbte NWAP nor oftlds Agwacat by sism andforhtiddbtg 1t AG ettIRP to this A would be middIra and dated. 60 (C) The settia ew alien ea net abandad by Say amen tuovision ofthis AMeemadandmay only oo eotbow by amkw wMmt wownd Of the partl0L 61 (D) COMP U= Vagina am pT"mtted in dhu Agnmwc as a wovena im to the Buyer and Seller. Ali pro-printed tone pertoas am negotiable 62 and m.y oe dmoaed by s autma wdwmm text and lnsadag a dltl wit time patod wo%*bb b All 03e9ua. 63 tL MOMOAGE CONITHQ13NCY (4-051 64 ? WArM This4we a HOT COiftatt on morlgagc femcmg,.IWOngb Bayer my stM obtmo mortgage fMM4. 65 T &L6 m. 66 (A) 'llaa solo Is ammCail?pt won Buyer Oblamafa; fduopate as Rllowtc 67 FkaMorit:apon O 0(P P p Second Mortgage 0(r ther1aperyy 68 LomAmaottts LMAamu11t$ 69 Mi M= Tefrn Now" Tam yaws 70 Typeofnoortgage TYPO GCMDKPP 71 72 Mortgage we= Morlg.ge leoaa 73 Vol 74 liftest rate * A0wO Er. Bayer agrees to accept the Dominic Yp hoWmer, Bayer pVm Co accept the 75 mkrect rafe as may be co ma?itted by tht rig age irader, apt to lateness ante as my ue awmmtitted by the aaettgagt JCWW, not to 76 exceed a Mwommm what rue of. r ti. exaoa a rnmomom UdWMi rate of Nor. 77 iDIMMu t pomcs. Sam orgp"tkor4 lam Waoemag and oma Res obtuged Dbooanc aci^ tam ongmaaon, ban pl wwmt oral a0tor fh:os MmWd 78 by the kn w as A top of the mosfg4p loan (et(atadmg .err molt- by me kada a a Paeeatape of Ute ma %MO 10011 (exdud'mg MY nwrt- 79 gage monram premiums or VA funding be) not to aoeod M maUmnea al0fnmm4 or VA fiufding fee) not to etcooed a0 S6 (OS6ifttotspeafred}otheemtottg gedaeh %(9%ifnotsveoltied)of emoryppetoot. 81 Thor rnwest role(s) atw Pee(s) pt001mis to dtwWzO 6 (A) am MALLOW if Ow mortgage baaa(s) gives letay.t the right m gfeafmftci me xtkxa cue(s) 82 rand fbo(p) at or bebw mo n amw m no etleka. Suva gtteCS sc t Via n&K it Sd ices sole opaw and a pammea by low ant the road go 89 feddea($X b cwdflbato fib, t IbOut'prOmtse Of 011110=011144 b 20 EMM WYor tea moegiago readao(s) 10 smoke rho 11bave aaortg go tams 84 ava0abieto Hover. 83 Wilbin days (10 #aotspodrxA) fiam mo ExMim bate of flee Agrawtoaa, Buyer will mtfce a cOMNOM VNIUM raortgttpo appli- 86 aabotr for tbo morgape tams atstoa abovo 10 the taorl" 10rltttds) idetttiW to paragraph 6 (A), if my, Wwwiw 10 a acspoasihte mortpsa 87 sander(s) of J3rryet'a cltofeo. Br9W for ZVV. PY saty, athtrtnse Brotcer far Sailer, is aatborftd to mawanicatc with the mortgage 88 aaader(s) to AMA in tm. mortgage wan prm:ess. 89 (Gh shoutd Beyer Jumbft [Site or 'ittwmplelb J11femtnatlrf11 t0 Seiler, 1lroltta(s), Or the dorkW Iawer(t) conocr*Mg B*)*Ws k8.1 of 90 tlmWtlal status, or faS to Cooperate in good faith jo o B the months: soars applicadop. wMen testier to sire worlpre (enact(s) 91 telhang to approve a meatgase teas m But wM ba e%uat Of Adt'tllga'Ceme11G 92 (D) I. Mortgage ewtrttweet "M hems` K -- • If Se1kr apes bin tMMO sow OrDayers morrgate COMMUM0at(s) by phis 93 date. stayer and 8MCr agrte to ts*d St marlgttge tottta NNICSt data tmig Heiler lrramuma this Arreoment by written notice to 8"w 94 2. Upon recavnrg amoetgaee tommthadd; BYy(Y'vwZ vram* 40ltvar a oopy of F Oa1DalF1lia 416 Seller. . 91 3. Setter may wonak this /tl' wwont 10 W%ng afwthe mwtgpp =ixMmwt ddtf; iftho nwtgege conanibmi(SY 96 a. Is rrotradid sfadl ttte auk af0eulement; OR 97 b. 1s eondhioned mmi iha iak tad! sdtleaocatOfttIT otifet'Praprs'0', CR 98 a Does tat sapst9l all the mortgage btaos ets adeekd 111 tuera0tapd 6 (A), 99 d. Contams my other cmMoa Sot whet W in this Agmensad floc is net s1901ou And/or MxrM m wrift by (be allottgW lawc*) 100 Wtdrin 7 DAYS tbetaortgage smlre¦itmeatuatt IF paragraph 6 (0) (1j, other shaft mote eaddidom that ate audoman- ]01 ly >rlisfatd ¦t 0( neu seodarrem4 :shpt m obdmewgaarur+f.x spa r:o11tirmaag eatMvyasaat st?u 102 4. If this Amvmw t ig lammaoad PhuNM to pestiFMM 6 (D) (1) or (3), Or din monyaEo hat(s) is mot oldaand for aocdcmaK all gaping ihoners 103 win be reaanoa to Bttyt t tttxm*g to the two of pm *Vb 30 ma tbls Agmcoeoet Will bin VOID. Bayer wit( to resaonx"61e for toy costs 104 tncanad by Bayer far any assaoWaftt or ondflOetaon: 00110110 0000(111118 ID Inc tuna Of this A9Mc mVV- and my casts m0uriod by Buyer abr. 103 (1) Title swron, tide mrnnum and/or 11axnS1lta+' Gina rmareace. or any he for camdltbon: (7) Food inswowe and/or Aso to more With 106 Mtendod aoterago. mina aabal4wM UI=Meq or pay ibo fbr emoetlsnw: (3) Appfahsal fees and ohwSu paid la advasee W merWv kadcrO). 107 Dayer fattlais: A& R Page 2 or 17 Scpcr taltlals ` rievlxd9f85 Ptodutedwah ZlpFarntw by RE Form"k tL.C t8025 FMM We ROA MAmTowasdfn, iv7c t9O 48093 MWWMM wachalt steal 08/19/2008 7:55AM lea 109 110 Ili 112 113 114 115 116 117 III 119 120 121 191 123 124 125 126 127 in 129 t30 131 132 133 134 135 136 07 139 139 140 141 142 143 144 145 146 147 148 149 ISO 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 161 168 160 170 (11) if the mottgago leadag or ea mtarer ttrovidmg ptW* slid ctsnehy t mzm vs ca" M by the mod"a lmw(a tutoihat snpw W dte PtbwW, Davwxbl. aeon roce,m Qu rcWnamk ddfw a scut' of Ste regatravdti m Seller Within , 5 DAYS of recem %tltc copy t?f t6c tO4asaoarls. Sella wil no6tY Baydrwttelher sollarw>u metro the sttgnaed rpMmg titScldg ewease. t. lY Seger maroes tla TcQw eel nxnum 10 the than of the mw%W Joiclo (y) or nrmcf, Boyer aooeptr the I'OWAY bad agteas to tbd R83RASB is peoagmpa 27 dittds Agreement 2. If9d cr vdn act manse lta raNsed rwa m orlf Seiler fails to WPM widrln At CM Ewen, Bqw wUL WWW 5 DAYS, aod(y Seler a[Bnydrt OAatee ta: L hWC the rogaatd te-parra. Al Dvyer>: a PV4C. wadi oesrmssioa Ana WC= m the Proaah' glvoa aY 301kr permasaa and Ae?s nugi not to wmnnd* wiptheld by &1e5 OR b. Teant * this Agreement by wriden allies to Shcef, with all deposit Monks reUnned 10 Buyer according to the la= of peragaph 30 Othis AVg=c t. (1? tidlerAasttt NOII`APPUICABLB APMCABIR Seller will pay: © S , or !4 of Pmebtmo hiM matmwA toward Anyeut's coats w wcwtabk to Ote Atertgtrge leadads). a MAIVA. IFAPrUCABLI: ((1) It is wMm wy ovtw that adtwtmstending oar odor wovw= of deli aooels• aular vm not oo ottgpw w eeatdete dro xnha o or the Pmpwy omalbed herehn or W moil my penalty by lbtfdhne of swoW mahnq deposit of oM"M unMa Biqa tm bean 9WM to aoearopsce with MDVPIIA at vA rac unetAa*, a wnum sMmmt wf Qto fedcrat Have ms DommmNoaer. Veterutt AdAdOW ntwa, of a lbkMBmdone WC Ysaoer,ddng tbrth the appraraed>lethse afthe Ptooaty of not 1tp tltan S (* dow" "am to bo misted is the taus once as sated to Ob ApmnePA Buyer WIN Aare do yrtsler Atha boobs Of VOCCO wE WM bdlltmmaOOn or the om;avot Wi0i0ue rams m to aaronns of ilia appraised valnadm The rippnbod tlalrrolioa is ardvW at to de wM= Ow mwdmtms mat gale the lkpattmatt of Hou=9 sad Mad IkMoameot WM tnsare. RIIA does not wwnwt the whro nor lba oortdston or the PMOMV. Buyer Would t9L* hlwdflw6 lfdhat the ww and coedi lob Oftlar PfOWly age mcpublo. WarsiV SeWob 1010 of We A. U.S.C.. Doputr W of Hou* end Men Dovetopmed end Ped&d Hoists Mm autumn Tmudiow. provides, -Mom fm as pr "o of . milseiawrg m Apt' way tae mtron of aft AeormcK mstxt, brim v tent or ppblWw any sttttb ucut. imowtngum sane to be Otte... soil be Am malls this efge a nmunaorrod not mote flies two>rem, or boor.' (Fij U.S. Depatimcot offtodting nod Orbap bevtaoaraeat (1lCfi)1N07Tt TO l'I11tCAltiSlltS: l3tryef's Adcnorriedgameat ? Buys bas received the HUD Nonce 'Tor Yon Proewd= Get a Home ImVccdM" Buys vraastmds the ire wkt(ca of g9dog an mdopendeat Wm Intpoolm and ass thongbt about ibis belts sgmog " Avvaaent Hd)w wwftsdartds diet PHA wllt not pwfmm abome taaoedlod nor gdanalue sill Dion of doadihoo oftha Prope(y. that the tam of We vowed for _ (0 ato kw to Ao ow of nor ?dwp aW bdk& th ) at W ad= aVeemew snared into uy any Of gm padtiea in d boa wilt tbls trrasaotlon rs attAChed to fella Agtcanwt - 7. WA1VBIt (W CO1V'PMGV CM V-M If All Agteement u edafteat on Mayans tight to WWd sA&W repair tae I-re 4 or to vertfy msarahWly, rmviroamcntal ooddttloor. bamdat9ea, COMIcatlAA4 2 Uft dUdI tatidn R OA4 dr Bay OWff Ad! I Son regytrdtas the Property, $nreOt Cane to ezereise say or IAryera opdow w1lbin the Mmes sct forth ra tills ACMMCBt is s WAIVBtt of that c"Olgeae7 gad It*- aeoepts the Property sad egrea to the RUXAM hi yarrtgraph 27 of Oft Ags+mmpra L PROURTYRISULOKMAVARAWLI17" WANED We •AVftMett tt'NOT m Khtggd alas Buyta ObWaing -property aid ouWty bwanoe lbr wo Nooaty. Althougi? Buinx ,nap Csitu obtain Mpo& cad Casualty mapt@ . Coalitytouv Paeoa -- DAYS aS if not spaa%M Dom tlW I3lao9atioa Dub of" Awceamnt Wllbfa the Coadagcm Period, New wig MM snubs for property dill caaahdty H"lnre foe nit' Pmpaty to a resooRwAt dtsura: Broker for Buyer. 8 any, ot6ertrlse l1rroxer for $d&r, may aMmeawa YA& the insurer to era" Jn die iasurtmcc PrOcess. if lilalyed caroot Obtain property add oasmby kw w" for the Pm c* oA totars and eaddHims twocaabty adetatsbto to Buvw4 Buyer welk withlu Use Coatispahy Period: A4ewtthe?wWtrandagree.totheBP.LBASBisjwWaM21OfthisAglrauea40(t of pwAgra-ph 30 oC Us (B) Ted idle AUMUM by wrllks node; td Sdkr, veldt 84 Ocpoet monies m adod to Buyer wmrftg dto toms Agrvstrl? olt (C) Bata'IstOsmatuattyocceptdbkwrdtatagr6usmtvv',dttlcfia. If Bays and Setter do sac inch a mitten agramud dUmV the Coiaftea Y Penchi, and llgw does not terrmBate rots Agrcasent by wrltu n Peace to Sellervithbi that tlroyIIuycr vni11 sceept t? Properb? and agree to the lUff Awls paragrAah 270(thb Agreemoub 9 HwEen" (9 05) (A) Saar will >atirido amn V tdfrtras' igwu+o taftm rod, as moy to re pm toy do Au=04 to sam."a, musmat olt *ls. and idspco- MM if Buyer d obisaoag ittortpge fig. Shca wM praaida aeoess to the Roosty w appmmn and a&m axsa * t q-vd by mod- vp icww(t). Boyer am OWN tart' impaxlobs. (9) ftyw may mate a oro4eMomeal YmW UKO NaveaGOa of the PtdpwW. B%ves ngbt to this Wspowob is " waived by had Odta taovhspm ofdt9s Agroeme% (C) ScUear will have heeling mod all rdil do Cmaudiag W(a)) on for ap loweadow. AU imsasdors tnduNugMrne itrtpaCOOig, aro an0hotrtaed Lt' Hpyhaf fo ptbvldo a copy of fny tospoM= rWit to Ombr for Bayer. (8) Setter ha the right, noon nmast, to fecom wimout dhage a copy Of my tmsvedtan report fiam no a" for woom itvrea piarWA 171 Buyerhdtleim: r Aro.RPage3ofl7 &Uar1dHtals- • Aavlaed 91115 Iteal AMM&M produced wA6 vo;ortn- by RE FwmsNet. LLC IMM Alaw We P44 Clinton 7b P. Md#W 49035 ZM 08/19/2008 7:55AM 172 44L iC110N (A)VMIGENCY OPTIONS" 173 The pep MM aoatbrgetpa titC t by Buyer In aaragraahn 11-15 are Cook" by the Oouwss set forth below. The dne Wwods dated in 174 One 094M Will eppty ttl vA h06Ct oft codaagenerha w W4Vq as 11-IS ulteft olharrrrle mkt id dib Agrecumt 175 OptiMn L Within the Caalingancy Pe e% as skkd'im pa 'graphs 11-15, b4WVih: 116 L Accept the PrOpa4y wide tiro i bivaaon slated in the mom(s) we vwto be R$1UM in paragraph 27 ofM Ave monfr OR 177 1 If Hater a not astislioa Will the m(O UWOO SUM in the seoolt(sj, gate tits Agreement by WON nonce to Seller. With all damt 178 mow" rotumcd b Buyer awor ftm thetarsus ofmagtapa30Ora AitrCG OC.OR 179 3. Miler MA a watnatty sentttbie wrinan agrocacot *16 Seller xovldtra8 far my tgmn or twproM tomb to tt Property and/or pry ISO paint b Diryet Kaeakoeot; m emepfabie m tiro aarrrggbo radian(s) wily. 181 It Bayer ad tom' do not mask a written agrewaeat darting tke specified C.ooda$mey Peered, end Buyer don not kr atanto this 182 Agrement by written notice ft Wer W1116 that floe, Bqw w81 aceept the 1rreprtty pad agree to flit R$LRA.41t In paragraph 493 27 of this Agrermcst 184 Opdoa2. WithlatheOoaangengPerlad,asafsiediatnragrapha1L15,1%ytrwlift 185 r. Actxptthe Prapagr wish tie latdrtnatroa ttau+d k inns repOrQt) sad agree m the IzB1.HASe id puagrepii 27 ofihls AgReaaoea(, OR 186 2. If Bhw rt not satisfied with The Idformeclon stated m fie rcport(a), present the report(s) to, Sella eldi a Written Corrective Prbtwsai 187 ("Proposoll liftl; COrncdems and/or ca ft daked by A qw. The Propwat aMy but is ad malted m, incfpde to rase of a prop. 118 MY raeasea or gdaldlet pmi8saroad to perbaatl the eamedfons requested in the Prwom4 wovidons for payM4 mctadktg rcfts and 189 a wqW w ante lbr completion or tpe Worro0tom Dow specs find Seller will rat be held liable ft coaccom mat do not comM with 190 mortgage lender or porar requirements if wtowd xi a nonce milrlao nvow woordtog to rte roars of Buyers Prooomt, or by 191 eoartbeoooasetoocadby9nyet 192 0. VPidaia up(7 ifaot a mVied) ofrecol ft Buyc4 Proposal. Seller will inform Buyer in writing ofSellat enom 10: IM (1) Sdt*tlotMosofsayertsPMPQSt,OR 194 (2) QGQit B%- it sdaement fa the cosh to pal W the ww of Bacn Pmoosi , w scowlablc to the mortgogo Madcr(sk Ir M, OR 195 (3) Na UU* ttiCiAms offta's PwpoW and not orog Htryar at setflarsiodt fOrthc =at* nh* tie lama of Brayaraa Pro KNC 196 b. If Seller open to a dif'y Ile temso of Sayers Proposal or to credit Bayer dr nine nest at specified above, 13Aw ac=0 the Property 199 and aphis to noREEZAS111n parsgcapd 27 ofdris A4mmu At. 198 a If Seller owma one to aahefy dw tams of Buyar'i Propose. oad pat to aodit Days at oettlemmt as spw(W Wbove, or if Sauer Lvls 199 to choose nay epada within tke time groaeftW 'Will, W" days (5 If M spusta * 200 (1) Acowtme Property with rho k6socion hated In the rwod(s) and egaoc b tho RMSASB fa pare Mk 27 oftlds Agreernaaq OR 201 (E) T rmhrnto this Agmemwt by wMm Owes to Sege, Whh all deposit monist returned to Buyer oosoni tt; to do limas of parn- 202 gropa 30 ofift AgrommrK Olt 209 (3) linter mto a muhmtiy seamtabto wdm senwra4 with Slier wosiding fbr airy fepain or immycoi ars to the Pruaertsy and/or 204 say credit to Bayu OtseW=eK m oc000k to me WOrtgag0leada(a), if ors. 705 If. Bayer and Seller do tut c"ch a WvKku agreement tpriag tka bone avedficd in Option 23 2. C. dad )h7cr don mot ter- 206 whores Chi, Agreeumu by Written aodco to Setter within that erne, Bayer will seetpt the Property and agree to the 207 12M.A,M fa traragr.dr 27 ora b Agrte m t. 208 IL PROPI.R'1Y RiSPS ION COIHrIIV1rl+tihlCY (9-0S) (See Pmv rW sad EavaowOW I mcctran Nouns) 209 Buyer undeafto that property mme dons, ca[Matbns eadfar IMM491111M cm be PW=w by phafbsHOnet COP11 t M home IMCOOrs, 210 eapneen, acchibcfs eta aloe VWP&W 11CUM or otbawsaa quollfiod sro&WSioaan, sad may tnelade, out pro not i uw m: sttrddatai 4ompo- 211 amts; rat[ csdriier widdorre end wdedw do= eadanor Siding. Rata, vA*g pad dos%wwtz ewdmrtwg PO^ hot [tiers add $aes; appowas; 212 Commit, Plumbing, aeatom ad codks tgatemr, water pcaokrdion: ens±boaaMw perm; (e-b, mold. fungi, indoor ear 4aaA4% "bottok Bad" 213 pound atorago taws, de.); deolrom pow fidds% wettansa hdaD ftx flood Wpm veMcgdon>; crooodY aoundaryfsou¦ro tgwV nxill"Aun: 214 ead nay Wier ftm Buyer paw Sava Btpa b advised to wwMtgete earaAwB% deed pw use rosumaw C'"audbC arty > W"w weaervOm 215 rosbsot w of ordioanees) mat apM b ebo Propartr end to, renew loaf tpemg ordiaeoae. Other WQ%isioda of GMs Ageacrmot may provide 1br 216 trmbecaooa. oatlt'kstlmm atrYor n aeagaaoas mat m not waved a stwa by Bpyar'e eleotion MM 217 © WAIVBD. Stow bus the ootioa to tWaoaot or Wcq mWpsatiods, eatfAospow and/or usreAlgawim Bayer WA1VPS yY4[.S OP110N and 218 agtwlojwREE ASginpw4gwh27ofthisAgaewcaL 219 lU BLWM. COnUogWqPcWo QW (l5 if o%Wc%T*o from 1a41irwpGoa Aece of tits A rocineni. 220 ?`JA WONG the confwgnq PWIA BggL at Dwyer', MUM 'mw nave mbar, MMOO ns odor mredigom wtnakfed by UMM, 221 ly live" or otherwise gdal&d orck rm ile, If Dqw dents to Aare a bow wepealen of the Pte wW- 0 datmed In fire ft`Wtvaotd Hone 222 ftivectfon Law (see Ia/brmatl0n Rt: ai* the How bADeaM 1W. 11o hOtro mm ceboa meet be fiafvm od by a fail mm wr to good IUW- 223 mg of a ntnw Home uedection es madom of a petada so civued by it it'll nmitiw Of A. tromodat booty 1w0codon aEtiOCkdoa, la aadortiaacs 224 w;A we emaw stomas wa tone or ccom Ct or praegee of an anoashoo, or by a properly ikeoses at ngisterod twOA rorW *Wnbdf, or a 225 attend lioww or rogistetod asclutwt. This coot. pacy does not app!)' to the tolloWdnl: erosdag condi"Is W&or *mr- 226 227 228 (B) if DuVw >s eat wired with ON COdditl0d of ft ft MW U 311110 m the wrdtai irssscrb0a rcpoA(t), Buyer will tin>aed ender ape of she iW- Oduods as Ihatrd is psaagmu 10 YAWN tic doaaagnicy period: 229 1P, ?p a.a 1 231 Optiwt 7. Vvr the purpom Of Paragrapu 11 only, gaga APM 10 upset the PropctY with the cestrits of nay report(s) and apes to 232 the R1ll.BM in paregrA* 27 of chi Agreement if We total .{out to wrnoe We COa?t M atdnd m the report(s) is less turn i f (SO if potapWG4 (the "Dad..- Amoun(". Odmasrts6 09 MWfikM of Psa"ph 10. 0010 2. shalt 234 w*. mow gnat Seller will be deemed to have tatlsgea the tome of Buyers Proposal if Soper agrees to M*41 corrections 23S of oft auks such that the wmumb" oxt Of ally WO00*6 or nitcteditbd waditiob(s) is equal to the Deductible Amnon 236 ItmyerTmldalsti - =? a--i (- P, -f „ A&RPsge4of17 Werlulfiatsi "f Rimed 9AS Pmdueed wK h 2pFWrm- by RE Forma ft LLG is= PMteen tdpe.ltood, Cdntw Tampion, MWilyan 48036 yaae Welcher. 8cn1 08/19/2008 7:55AM 239 12. WoQp MWUMON WFECIION COIY17is(MCY MS) 239 239 240 241 742 243 244 243 246 741 248 749 250 251 2S2 253 254 255 256 237 2S8 259 260 261 262 263 264 165 266 267 269 269 270 271 272 273 274 275 276 277 276 279 20 281 Q WAIQ13l). Bvlror hat the opt on to hm the Pmotay nme*d ibr w•obd mhddioa by as nsaeetor certified as a wowWWmi'm6 peals taw- dde sspplioatw. BUYER WArm no OP'n m aac pones to me RffiMSS is no* oft 27 afd& A(yleaamt. >ii.BCrP.D. cmovgwq Pa"tea' cos (!5 ifant modfieQ) Roml40ElowAm Done ofibb AgowleaL fA) v"WN are Cmft aacy Period. Bata. w Rays ewoma rtsq outaa a wMam 'Wood•Dasbo M Insom lafeamiod totepa:eaa Rao& Sore od mspCM a xfto N s wood•dwtsoy" peels pesticide applieelor aid wA ddivrr 9 dad eU sWpodn dDcMoM aitd r NMW sta- tided by the htspeaor to Saber. The repot sr to ue taaae sd aviary to and m eampiimKe with epptiabte tone; mosfgo0e la ft massum mts a War FoaaW ImondS aaa Ciu MWM Asmoy Mu"Ma , tf 21W. MW msooctioa IS so ee tumoee 'w ab re6ft visible "d aoceeslble NOW of an shuonrres 0p the Pmmty accept fa ow dad the 93110tnag ettttatnes, rdddt wID aotbe sstsp ooct (a) If On X000110 1t Meela Kd" MWAItsoa(y), BR9er. at Bpya's WWC0r, may yrithin dk Ibatlssasne7 Penod, 05MW a NOOM t from a wood- oporoymg pcsb pedIdda applieaatortotreattbe Property. (C1 If the aotpodm t'ereels dmfte Smd attire or ptersom wIstahon(A Bays. at Bayer's cxpmK any within the Coaatsgmq Pena,, obtain a WW& toped from a prtllkeaiaaal ooalraesoy tame laspeoW or $hVCftaat atbtaeer 1* it iimitt4 to VnIC(Msl paam®o to tta PIOM11 ceosed by?MOOd•dwleOVmL of apd alstoodsel to tcpwraad/artredthePropaht. (D) If Boym is ant saw WK rho coaditias of Ore PtWUW as SWW n Mc wribm iosn cdw M011% Buyer WIP woceed nadtx Ode of the fol- Wwmg Opaoia at listed to pwetMO 10 Rtasis the 000&aedq Pa4arls ? Opaov 1 0 Dorm 2 13. SrATOS OFRADWI f9.061(cc10MrmonRcisdtngRod* GU Selkr rui to tsaotrk9t~e o0aoaalag rise peamoe er aosotte oftsooa raaeas etsocima i;doar_ ? t. Saw tit awom p an the PaopaV wit bstod on ft dates try IN mc( h0as (94- *MOM Camsaar. alpha bedr, MI and wilt tae resalk of aU to iadtaDed betovr. DATE TYPBOPTEST RZSMTS&X4oC Mdlitororwodciasrarda) p 2. SdW has atosvluisa fiat ItM; Pmttaq-aadecwt fit raoas roarcboa nun wcs oh the dd*) x4by the tmtltod(e) iadsalod below: DATB RADONRgpUCPiO'NiMMW CoPIBS OF ALL AVAIL ABC.1± TEST RVOR1'S will be ddsimed to Buyer wHh this A"Imsc S? DOM NOW WARRANT 13 76E[tinhOTHODSORRESMTSOF"M IbmS ONA'»ON COPr11 WQ!P G"P WAI'VBD. 13nya acs be oobop m bare tae Pvuoesty tttspcdoa for radon by a eatll5cd iaeveotar. BUYER WAiVBS 7'(•IIS OP'ciON end pom w pre MU LAM in ouwmph 27 ofthls Aommicat p ELWMC400U" s' poooor days (13 itaotapsdfOO item the i=Canba Data ofthis Asrarmeat MIg the V*AfiigWC] paled. MW, at DUyers 0trvease, may Wain a racoa Best of tae isropody ftm 0 cat 10M ftLVGaOr. V 3clkr 'W perlbcw mW raved fend emu, Shcer Tall PMVWe SaW a wff,edioa tbet the ranediarsat was oKftnUa oy a pntpecty licensed aap certified radon mtggm eoatppty. 1. tf cue wrrtsca test tq»M tavem the presence of rtdat Dolour O.(a wad* IoVM of 4 01MOtr MiDer (4 VC A4 Buyer wctxs pse Property acrd agree to tic R>'1.BASE la pmpapn 27 of"AgMOft L 2. U Pro wdtkm talc avast reraw em pnaeaoe of.nKm at or ff"Wing 0.02 woddag levels or 4 aCo(ha<et/titw (4 pCl/l.). Buyer will prooeoo tuba 000 0fft ibilOUM 000M as UstCQ id PUSCrOA 10 wlfbty the Cer(lpgetsq/ Ported. ? o9dop 1 ? 00fin 2 STATUS OF WATER V.05) (A) SoUor rGprp that ea PnopostY is served by: -gDuwicwow on-ate Water n Cw anyw*.r t%) WA'1'P MVICEII9SPI9CCTIIONCMffMGMCY I WAIVED. Buyer bas the option to have ad mmectim of die qWo and or quantity of ft water q*m Ibr the Provmly BUYER WAIVBS F TM TM t MCK odd spew m the REIZASS in paegrtpb 27 of ttds•Apmocat "p (15 ifoot mocl$cd)11;par thoRmaufm Data of tttia Agreomoar. p ?dnr i. Withdt the ylaCeseya9»sapey I'atoe Bt q% 9191 Buyer's amwsse,, mq obbla m tasaeaboa' of dw 40dity MW gUmA4y of the wafer sydn from a wtopo* bacow or odwwtl0 cMWpd vmkdweU wren =way. 2. If re wad by qua mspeotim Cmmusq. SeUer. at SdM.easepo4 wIP Male end wrlde mcen to the w-M (a unGvidual) water S9tsem. Shcar atso egeaa to vasom the Pmoaty. sc SCiWs cmpem% IwtniaSamt 3. If Buyer o not ss4rtied with the conditim. Of me roan syon m swo m tltc wraorat aupomon ropon(s). Saga wilt procooe under one of the foaowmg OpOns as lifted is ptog iph 10 wttbiq the CoOlig"ey P&WL, ? Opom 1 Q Opdoo2 282 14. 283 284 285 786 287 288 289 240 291 292 293 294 295 296 297 298 799 300 301 IhtyerlaiGatrs _M^ s. cc Aj&j Revised 91" 17 Produced wUh ZlpFarmTM by RE FwmsNel Lw 19025 Recto tale Road. Hatton Township, Wdu0ea 40095 WMAWMM $Cucr lnitislss Rear 08/19/2008 7:55AM M t5. SJ'i?'1'W 01SEM" 3o3 (A) tgpr xwm m oil am Ptovaty m served br. 304 F ablic $cme 305 4j' tmd?idtad Oaiot Sewage Dapud S yS1po(seaSo"Vemce1) 306 ? bHOdWO440tS *IpDigmdSM=34PMXUdiWtov{fad(=SewogGMftl.=$OwegeNdm4,itepplk k) 307 ? Coruattsoity Satrogo DlcposetSydem 3m ? Ta*A=P-aRo wlloa(mcSewagcNdfm2) 309 ? R01ftTact:0mSew1geN0rco3) 310 ? Nero (toe SowageNoice 1) 311 ? Now A.,A**WPww(Limitatiw m HfIx t(me S=wNoft 5) 312 ? 313 (FWAMM MUALON-LOTS WACCIDMV3AI NWZCnMCONTI a&OC'It 314 Buys togs tine q*m to bM m a>suecliae of tta redly *W W-W SOMP &MOW syslwr for the PmPc tY. BtlM 315 AIY$S To OPTION and agents to the RBiBA.41; in pereyamh 27 of this Agroaiaant 316 ? BLBCl'BD Cartiagoncy Pena dep (15 lfm*0011104 ¢uama the &MOO o Derv of IMis ASMMont. 317 L. WtlLba die CemAarmiey Parrs, Buye * 1"Ws -mom may Obtain an xaMcdon of the hrdivldta l moot wwago diprosbl sya- 319 ton foot &4v1aSre4 pmA*aromd impe" 319 2. if m d as tooyoed by the MWMdoo eoo011% Softer, at Seifert W0613 e, will MOM mrovide scads 10 end WWAy the shdovadoat 08- 320 tot salvage 4hpomd ri ' m . filler tsi11 also loess tli0 property. atSatara 9 • error to Setraaad. 321 3. if tbo inspoo tr report repeals aeficts fi* go s of (64we Mmeaston or MiaaaseM of tic 4900j; hxuvidrrd oMot sewage dboos- 32y m syslaah, Buyt r WZ unmated WKkr M Ofthe tkilloeisg0911M as fisted 19 VWWSah 10 within life ComtbgeaeY Ponied' 323 ? Optical 324 ? OOM 2 323 4. If Ow laspcdion report tovcols me need to aroma or mpiate oho wd1WW individual aniot sowav dbowrA sys r*% Sella rosy 326 rri0rin 25 DAYS of lacewing the napectl0a mpaq submit a written cmedive Proposal c pmpwww) to Bows. The Pmposal 327 vial blehld0, Dw not be lirpkw to, (be amae of the eomomw tb Detfams the em mm or reow met t; vMkions IN aayraaat OrAud- 3211 mg roosts; and a wjeeled osaroledan date Ar aomottve metsvszs. WUbta , S DAYS of m mvmg Sollon Propaab or if mo 329 )proposal is pruvtdeu Mims the "a glvot, Bum Will moose Scft In wti ft amayarl; dwroe im 330 a. Alec b oho lcnds of ttu Promoter, it wy. wnaawoo Buyer acme (he Pmpaty and agrees to the R13t. M13 on pmagraoh 27 of 331 tWvA9r MX4 Ott 332 0. T=anw thin A®rcauoat by wd*q nodoe b Seller. whb all deposit monrea mturped w Biyx awordimg to tae Mnns of para- 333 Ro* 30 otd)h Agrwnb t 334 0. Accent Ws Pt PWEY and the cKstlag U110M area aprce b 1110 MEW at mmqKramh 27 of this Almea wk aan. if teaamcd OY 335 any mwm leader aadlof pw emataomm aamwritl, mom ttw actbots hefam a dleaw or widda dw tome matured by the 336 modgaee laiucr "or govawnermll wmom, at Buyers owc =Dcnsa. and whit ammi:ROa and MM to the Proumtp VVW by 337 Shcen Pummien std cones mg mot be aatel m6ly V&Wd by Sallee. If Sdkr aeoics buyer pemdssion aodw Be= w 0"- 339 r=ft dd6aSk Boycemay, W vhM 5 DAYS of SeDeri datoal, tetmtiwte this Atmomad by wrwm nwoo to Sclar. with dl 339 deposatmomos remmW to Bunt mcortling m the tomes of pm mmh 30 Ofthls ASremmcnL 340 716. HOWIWARRANTMS(9415) 341 At or khte sd9ana4 dtha oaq " have the oppwWnq' to purohm a bane. war"* for the POOMW from c Mkd-WW vendor. Buyer antl 342 Sella MMeOW ttiat a Imma waml * !or Wo Pmoorty does ant aitcr any disda' M reerdrorrrada of Shcer, wilt oat nova or walnut em pre- 343 w0b g ddbck of the Property, sad will dot altos warm at eaiald gay umvisiont of thb Agmemed regarding mspoolims of aertilicamons that 344 Buyer has eaxeed or watvW as pert of dais Agrmu nt Bayer and Seller aneernarW tltu tlu liocnsee. Wcdcw or 010M V tender v1110 Orden Me, 345 hamewarm*mayl 'mmvs&hepaMby6c,watowarmlycompsny. 346 I7. Z%WQ CXASUPWATION dt V1tMC&TION OF USE CONT OMICY" 341 (A) Paiute of this AV=K" to ooaam tie soaing dadfimim (aomW In owns V*m ttte. amperty (sou meth lemma flamg if eubdivi"e) is 349 zoom &*IY or pcWti w to pomk Eby "101111 10 wM render this A&=Mt voidWo at Buyers nation, =4 If voided, try Oeaasrlt 349 twoaed by ibo i;rryrs wig be aQd IPaman raaultarrentlbr ootAtlaotlca 350 zmupgclwrla uow t CAS? 351 CB) ' Patod: dqs(7 afoot laeZed) fom the BXeramon D$W of qb Agreenialt 352 'Milli the Comthageacy Period, Dtt)K At B 7c" arma>ak MY VM* that the pr ogduse ( ) 353 of oho Prop" is wwmd. In tit 44emt to Moves ate is mot mamirxW. Avyor Will, wiaiin tlla Conthrgenty Period, glue ScHdr written 354 notice time the tuaaant tae of dw Pmaerty b mot vermdka and 9* Btwer wlk 355 1. Aoaut d o Pmpoty Smd og me m tilt RE UMB in pmwoph 27 oflws Agm=OA Olt 356 2. Temrhm obis Ags+ee ucd by Vd ten 40ft to-Sd1a, wide all deposit maAw imned to Buyer taotding to ate teitos of 1>ari?snh 30 of 357 Orb 358 If ]Royer fob to rape w wkhw the Coattiageaey Period or nos mat tern" to tills Agrmnent by writtat aoliCt to tielkr trlthl>, brae 359 mat.Boyervol9Rawtimpr"CIVOWsgroetoU10-MEL MinPonWaphqusAgrasaat 360 1& NOTR= ASt 1H+f1S d'e tXt.T11+ICATJIS OF OCCUPANCY (MO ts 341 (A) Safer raprr? 01 of the dale ScDa gpwd ads Agroetnenl. that no VAU0 mmmyamaK aardoat public ic or at homebborityowailsner been r esiO0lation aum anon Saone 362 nM peat made aystast Qre propel, vdnoh aamam w4W4, aw that no nobs by m W govormiponc or 363 at a pm on Sellers bchotf mdudiag aotiees taatlmg m notWOtn Of Zmhw. aouaiit;, bail&& soty or tyre or&xma that fume unrAr- 364 roclmd, mad tW SeDw mm of no cmWitim dot world votwdb* a violatlOn of MEW such ordldeneos"that remoua wwaffaded. vam olherwlse 365 spoo od here 966 (B) Silber tamers of no otter pota,tiat actioes Cw4attiogvb? madlor hummeab exiocK as follawr. 367 368 Ruyer laicift -at A-B Pa6'c 6 of 17 Sdtcr Inltitht Revised 9105 produced w4h ZriaFOm rA by Rte Kormi t,1LC M26 FWAGO We Road, Groton TowrmW, MWw 4it1W WSZOMMMIS it, Real 08/19/2008 7:55AM 369 (f A tlto avant any aortas Ondading vietall int) mdlor ennui mare momad dllaor War has stgated ads Apement vA habro se4kmept. 370 Saar will tanvide a Copy of the r*o= aa" arts m BWW Sod WAR" Rita m wriNxg wtduitt S IDAYS of rocavaig the 311 bobcat andfor at"Monts Vat senor wilk 372 I. Pally OMM with rho NW= andfdr atooamctab st Sclkrs tocpapse orlon xidomki If Mer lolly ooafyllet with the nodutt sift 373 Wiscumeal.% Buyer the Proper sod Sg =1D as RBi.BILS$ id peragr?oh 27 oftlait AgteemebL OR 374 2. Not cosa0ty with the Mom artda asswiv e m it Soler dmm iat to-oorauty or116 at nodo s andkr usosniw ft or rills wlelan Lite 375 ttme&atoso(WI;eyarwhelwswarwillam y,Buyervill aiftswormwoitiogwilhN 5 nAYStAiluverwil. 376 a. Caapfy VIM ft aoticas aaQAof aaessmads at Bullet's agfena . accept Qie Prooe*# and aim to ft RFLW13 to oarttgaaph 27 or 377 this Asroemein. OR 378 it. 'rerromata Ob Avowal! by wtittoa aortae to Solo; with *0 aepwil awrda rohmtd to Buyer aMr&g to the eatms of carasma 379 30ofthilAtectoe t 380 u Boyer fsria to raepora within the titae stated m paraarop4 15 (C) (2) or fans to tera?mate tits Agreemcat by Writem nonce 4a 381 Sd er willin that linty Vv3v will aeapt the Property and spu to the Rlll<LM In paragrag a 27 OWN Agraeotekt. 382 XTURMW by law, wi6pto 3tl DAYS flnm tho tuo xitin DWe of this AgooetaeK but in so ante Ialerihm 15 day¦ oaor to wMeatoat Seller 383 will onto at Sops c==e a 4wtilicPamt bore the A-1 ctpb mmtdpw awasbpoN(¦) disMosng notice of nay onewoated vaWwns of =W 394 in& ovw tg, baaTdiag, raft or fire caffa om ad/ar it ongfimm vatmMiag occupinq of lac Ptooarty. It Buyer receives a nohae of uw 383 IWUared acpars/aoprovcmctrls, BtW willtaampily dellm a copy ofthe notice lo Setkr. 386 1. Wiatia I DAYS of trcenim nofioe from the munlo lly that moaualintprovcmwt1 ABC reatnrW. Seller wilt AD* Darya m wrte- 387 tog that Sdae wt7i: 388 0. M¦tda IN f00aaed to we sedafiatlan of the Mwcipelity. if Seller mucus he notated reoauaiimorovW"K 389 Batycr nooapts tine ltOVdgr ttda t tD ft RBGBASS is pwgmpu 27rof Ods Agee n=; M 390 b. Not mom the toaaned tcpnuWkvmve» amm. If Seller chooses not to mates tits rv4ouW rowlrsRmaoraraents. Boyer Will notify .391 SCaa to vWjdW WMhln _ S DAYS that Bayerwal: (I) Iwbe UP UVRIM114MOV12312113 ly Of 13rryut-A =CBS % with petrrttNIM and MOM td 04 Ptnpergr 91M try Salter. whfah wA1 not 394 (2) Ta amaze Ibis Agopsaent by w Men amca to Seller, with atl dcMA monks tetoracd to buyer aoc if ft to the ratans of pars- 393 gtapa300fthitAgiacnieaL 396 31 Buyar raft to respond wieNa the erne zmma in paragraph is (D) (1) (b) or fiat to tenmsate flue Agrovineat by written notice 397 to sow wlaa'n that'saxe. Dover writ Swept Cue Prup" and wee to iii RIBS is varagrSpb 21 of this Agreeateut. aced DxyW 398 aoeapb tha reapoa7i RMAy to perform the repattr/tmproveviott necmdiog to the terms orthe rtolfeeproflded by tha rauxictlim y. 399 2. If Seiler deface Boyer penmimon to mm the reautred mpolarunprovamcAb. or does ad =Me Buyer ¦wn belbte Udkii1el t t0 maker 400 the monto repauslinwnvetrm % Bayer may. trhhln 5 DAYS. Wnintate Alit Agmetnax by wthtm nonce to Seller, with all deposit 401 motim ralurned In Buyer a ccoriagto the remit of par"h 30 of this Agtepn0aL 402 3. If tcp mAmpmmnaRe. aro tegwred and Seller fib to ttravide a oWy O91k noft 10 Buyer as rnWW in Plit 11 1f ft Saucy Will 403 pOdotm all repahslfmptovemem ae w4wrCd by the "oo at Sahara aYpme raragt aph 18 (D) (3),,AK sarerre Ietttement 404 (b) Aco m tot public road may mu" wasuce da highway timmo lily pettnlt from thopc odmorit of 7moor anon. 405 V. T=SURVIt'YS tit COM (r.A3) 406 (A) The Property will be conrCyed with good ans maraetable title at to mumble by a rawtatik we ups" Ca m:aon v of flit lagolar races, freer 407 and clear of all lions. CAMmorarae% Wad easenerds, WCC1:p M HOWBV13lt bte f01lOWM;; et MMS need faa,iobo M hiadonc reeler 3099 408 ti:* aloru Or asdlaaaau< bt eft tcowtottow. ord'meaw, , ceaeanras of toade; eesamorm vL*k noon the grount casenaorits of retard; and 409 prrvitegaaorngtnsoftndaacaenaM?ot>?ptaa,ifaoy. 410 (8) Ddycr will par hr um tbliowtag: (1) Tide muck tide amrnoo arw/or mechanics, rza iniswwo% or coy *a 1br miabilapon; 411 (2) Flwd wuromr, flea -now wilt extended caveraM maw sab91d = witmoocc. of aty ft for oaaoallattorr, (3) Apprasal foal and 412 charges uQ in sdranoa le mortgage leaaat(sx (4) Baryer's ob Wd1fy SOt(tdWAd Costs abd aoauats. 413 (C) Any knity or arnreys Mqufted by the title-nixWo ce cov*M or the atnhSattng a MMq ft 0tca008g as edegeafo legal deaauptwn Of the 414 Property (err ntC toveotion emu* Will be obteafed nod oald for by Seller. Any survey or sarvaya dewed by B war of reobared by the mmme 415 fader will bo obwoo and raid Ibf by Buyer. 416 (D) If Shcor is wo6le. to give a good ale mArtcatablc tMo and Inch as is pbsashle by A reputable titla atsutaaee oompaay at the regular ratan, at tpoct- 417 Qed is parngngrh 19 (A), Bnycr wed: 418 1. Aaoapt the h oetty with such We as Seller am M with no divage to theVU101gae peke, And agree 10 We RELBASS in W aph 27 of Ods 419 All M%ci; .0R 420 1 Tenvinate Ctis Agreeatuft by wd*ki aortae fo Sc4e4 with ell dcpostt nimes returned to Bigw according m the menu of yatogroph 30 of 421 this AWmaic at. Vow termtnetig% Seller w8l teanWm Bdw for any volts vicauv l by Bow tar sty idspeCtloar Or eUtlficdimss oblwned 422 oooopdips to trio tam of this Agmentent, and for dent teems atiod5ed is veri;DVII 19 (B) lfenrl (11 CA (3) and 14 vdmgfsph 19 (CD. 423 (10 The Prot wed is not it wromeltaw Cabin" au defined xi Mc 1'rouovoaca CoNtmolm COO Act mint 9MQMle slow hart; ON Information 424 Rt:gardlbg RaKeadorrat Wq1: 425 20. CONDO COMMU4ITY(TIOMEOWNERASSOCIATBON)RgSA1AN0UC&V-OS) 426 ? NOT APMMAME 427 ? APPLICABI.B: ?IDOMMUM. Mic riro0aty is a mtt of a coadarawaut dw n 0rmw* tun WA wit owaax amewlioe. 43407 0[ the 428 Ubifoan Coadomnamn Act of FmLlyi"am (tee lafrttminion Regm+dmg CondomaUoma Kid Planned Coawatmi M) room Seller to ibmbh 429 Bala with a ouffieft of Rasta and copies of the cmdamtnmm tlealwittoa (Odw Um PW and 11101121 the OYmm aaa the rules 080 M911- 430 _},l ofihoaac *000a 431 Jd APPLBCABLB PLANNED t?iIIK(AM (HOMI OMP, ASSOCIATIO qV Tice PtOpetty is part of a 112nO l awraromlly as dcAned by 432 <( (`d, Uol(baa Piamod ()ommmtty Ace (see Bnib(mai m Reg"ag Coadommigns and Plagued Commaottwp §5407(a) of the Aot Mmiros 433 Sdta b AffA t Boyer with a copy of the loWaadod (Opw tbw With and pJWj the by1m as nda emu regolaaau of tho anoaabok and 434 a Cuatkole eaatamalg the mvlslow set fard to ¢5401(a) of fie Act 435 Mayer IttMh; M • 1 (?( A 19-R Page 7 of 17 Scher loitidx Pmdumd wth XtpFomt" by RE V m M4 LLC IBM Mean We Road; COMM Township, MkMgm 4AOM W Real 08/19/2008 7:55AM 436 .. 437 438 439 440 441 442 443 444 44S 446 447 446 449 450 4S1 413 438 454 455 456 457 4S8 439 460 461 462 463 464 465 466 467 468 459 490 471 472 473 474 475 476 477 478 479 480 481 482 483 484 48S 466 487 468 489 490 491 492 493 494 495 496 497 498 499 500 Sol 502 503 TBBROXLQWM APPIMTO P20MIC1'f?S THAT AABPART OPACONDOHM(ft ORAPLAM40 CM mtllQ11'1'. (A) WiBbh 11 DAYS from ttto BacutiwaDete oftbls Agmemeat 38114 at SOUWA exam F will regnant from the moo scion a Cetti(ieato or Rome, and OW DOW Wodmmnti aonsrky to noble Sella so UMOI r wipe die rmevant ACL The Act movida Inn the msoomboo is toooa?cd to PMVI a Um nom matt willb 10 daps of3dicaT UCIL (!O Sella wdp Waaw ly ddiver w Betray all mcomeala mmved ban do ommitm Umar ft AK Salor is not liable to Buyer for the fmium or IN WOCh iod to PX'lsk the 0016M Ira a dmuy mMOU. IV Is Seller HOG w B"er ft ally roomers mlbnUftR provided by the aaod• oil= m the Cadlimte. (C) The Act ttrurW that Bq% my occiaro dale Agmpaunt VOID it toy bur before Bqm rN00a IhC wsoetamm dommem and for S days Aa tacatat, Olt 00 mWm ent, whitlow occom fM Buhl; mace m Sdkr tout loo in wd ft twat Bova 4cum tg this Apment void, all deoord moom will be rst medtio )3tlyer aoootdtug fo tdo turps of penegp?A 30 oftlaie Aglament. (p) If Yee association he erne right to bur to ProPaeA9 (son of first mfu 4 rsrd tae Wootatioo mom slut right Sella will minborse Buyer 1br tiny costs mmrad by Bayer fbr my uncodema or =dfioegoas obtomea acoord'mg to the temp of dw Ajimmnedt, and may costs mcumd by Mow Or (1) Title weack 1111o nu mum addlm medsammof Sat =tea rmae, or any fee for canOCatam (2) Flood tesormlae mWor ilea sasomom with mUnded Wnnrga a me suWdm= mramma, orany£te for oaaceQabW p) App mtat fleas and Map paid go savance w modgago imdot( X 2L KAiAN'I'SriATt'CB sa lIlW OPL056 (y-" (A) Seger wig mamlom the P,opcFW, smands, ffximu and pmsoost mop" specifically lbood to this Agrmnmt to eta psusau Condition, poem l wear and leer amamteo. (B) If ear syalcaa or apylinaoe uwhx d In the smo of the Psooasty hilts belbre setdmheat tSella VAIL• L. Repbtr or re "m tae failed sysoern or wplimca valtme settlem mile OR 2. Ptvvlde Dlompt written nahee w DWW ot&i WS deobian tb: L. Qro?t>3?eratsarlanedrbrlaeitirmuudvaNteoftbabfiSe6syslomaraypllanoe,daocaDtsbtototaomorlgaeebRdu(s?ifatry.OR b. Na rm& or rota im fWW syssaa or appliance. and oat credit Raw at soy -P tr far no fair murmct value of ono failed system or opplimm 3. If 8dia dons M .cm or rePteoe the Uled avemn or *01jance or meme to oredd Boyer for its far mOrW value, or if Seller fills to noa. fy Bwya of seller's cmlm $u)w wgl nattfy Seller m wfhiog wiWm 5 DAYS or m1bre seta0 en; wl dam is earlier, dug buyer will: L Acccvt me Property and agree totaeRBLRASB in oam4mob 27 of this Avoapo % OR b. Tanxtate this Agroomm oy wr11icu nodee so Seller; with. all oepmd tuorues rdamed to Buyer ocaovding to Lhu tams or pnngmptt 30 offbit AWWWOL (C) War b m tine risk ofioa ilem fttt a oma csmaltim oatd adttanmL If ray property included in this sate u destmyoa elm not roaced, i3ayer will: 1. Aoamt Me Property m its IlM otaredt Condition tiWAW with 11*1110aoees of rosy NIMROD recovery nbtexhsbbie by Sellers; OR 2. Taimmste thin Agwemant by wnW now to Sella with all deposit mantes Ictumca to Boyer aceordlag nD are tam of paragraph 30 of this Agccmm tL COAL NOT= (Where 409abld) mn pot.SlAt W MAY itOP SKI. W non. 7RMWW6 A91SUL OR. 244 M U" TO tIRS COAL AND IMES OF "PORT 1.001nNEATt1 TihO iWMA LAND DMCgMW Oil ROM M 7n HUM AM THE MUM OA OWNERS 00 SUCH CO" WKY JAWS 'N COW UIM LEOAL WOW TO iU:MOVO ALL "I COAL AND 22. V( MT COUNSCllai nAi W MAY RUMT TO TAIf'SWFACB OP T= LAM ANO ANY HOW VU1t M CAL QUM Srgll(7= OM 0a IN K= LAWM (Mill notice is art bib in the meaner tx*vfded h Stxoon I of no Aot of July 19. 1957, P.L. 984.) 'Mqw ateeedwtedgw that ha may rot be obtahmag the rW4 of protC/ MA sgmast svasidwoo resAl S from Wd mmidg opemaops, sad twat the Van" aesahuma J Wm awry be woteced from damage doe w Mme snbelde nOG by a WRIts CoRUM with the owntrr of the OCOnWd0 wmetas4 in the coat. Thb ttotoowleegamamt If mane Ibr the prumosa of Cam Eft wi0t bm wavaiom of ScOm 14 of me BA ramous Mine Subatdatoc and the Land Cossservaton Act of Amll 27,1966." Buyer agrees to sign die recd liom Safer which acrd will Contain the efbrosatd omveiom 23. POSSIMON (pile) (A) Possession x w be ddtvued by dead, by and: I. Pbymml Domessim to vamntPr00aty AN ova m. wldl all stnsomtos brouitocat, at day sad time et womeak AND/OR 2. Astrgw CUL Of any exuding lease(s), together with env seanity dcoWU tad ]OWN & At day and Iota of setitemalr, if Pmpcrly IS Itasca at the excamim4filb Ar"eM amass om wiso stated to lids Ailmoamt (B) Bayer will actmowledv erdedoa keae(s) try mid tittg me !epee(s) at the tacomtWm CIF tie Agtaatmt, nnkea odiawn satettilm barem. (C') Seller will not cola unto may new kam mansiom of all tg In a or sddidemal teases fbrtbe Propettr TfKk gw wrMm rAnscnt of I3W'm: xL hLWIMI Y(1 (9-" T6lt Apfameat will m be momxed in the Office of trio Rem of DW0 or It CRY other OMCC err plane of public recant. if Barter co or panto t16U Agrtanent to Dc tacarc?a? Seiler may sect to bratantw hat as a btCfaR oflhis Asreotnept 25. ASS Q?ff4PNP 041* Ibis Agmanout is binding upon go autos, dneu 14UJ, i»v aapre 011703. SaffOmrs ON sucoasSOM Md to (loo Clara assipabk, our me amling of tae Dartms hereto. Buyer *11 not ttawsfes or stated this A®reemcnt without me wnf m COMM of Seller dole= other- wtc !trod in diluAgmemie . 26. GOVIOIPIQ G LAW, TWUS cis PMRSONAL YUPM111CMION (9.OS) (A) The validity and muslnwrfar of this Agrxmwu. and dro ndit rail daises of the amuck will lot eovaaed in acmrdamea wph tbo laws of the Commonwadm erratusri"m (H) no.mft agfa clot any dlspdte. Comvvmi or dm WmW wader at m tCmatdon with this Agmm"t or its pa lbrmahm by ehbor trartY ands be moidat exo mvety V no is the state or fcdww tooth athtng to the Ommmonwe dth 0f ftur AvaatL 27. )lSLBm 0-951 Bayer reposes, gait claws and forever discitrges SUL"3 , ALL BROXIM Ihdr LJCXCM MMQYIM sou toy OIWICDR err PAWM IR of Any sae of them and any other A1;RSOK FJ1i;M - CK also may be 1114ble by or 110VU91t asap. trap ally and AU daimm, tales or dm-ads, lacta too but non UWIW to, personal 1111 1 ited • Wrl)' damage and '410 the oomeyuenca tkem4 w"er known or not. which may arise fma the Prey of terntta or other W"&borahg l u&A rAdow 11tall-ba"d pamt W "715f new, 'rum' or i¦ooor Air quality, eamonmcnhu bamaL say dehets in else ladtvtdual o*4d mWAV disposal tryatbn or dePhdenties to We oasil watcr SMOG systcro, Or arty nefeeb Or Conditions Oki the Property. ShOUN SCOW be In dCf&Wt leader the terms of Chia A,greemesk Oe M vndallen of any Wier dlsclesem law of regtaatie% Oft release dow not deprive Buyer of as, rot to patEmo any remcdles that mAy oe available coder law or equay.716 release Wit su vivo settlement. 304 Boyer ialtlals Al" I'pge i e1717 3eltrt I,ritials: Rcrtsed 9p5 Pmducod with T1p6ormv by RE FornmNet LLC 18028 Fhbm Mile Road, tmattort Tow'Wt. WNW 48035 Tpol- -K7 IT- - 08/19/2008 7:55AM 501 !28. Rari)t1?rrAxYONS C9a 506 (A) All m oromm a iom, clmma, Nvatt6iag, 000010410nd OWNItica, twommm or Maas of mgr Icing made by S&4 Binkcm Um 11Ctwtsas, cataploy- 507 eery offices or P1 11, s am ad a part of this Agar owed thaws egg moor -tied or stated in phis Agreem nt• Bras Apowwant coraaaas the 506 whore aDmust bet" m Seger mad BtM wd Mme arc Po oMw tmo% ob$6 bw*. wvr nn% teorosat , sts"meatt or c"don% &d S09 or clherlvite, of mar lima *011108M eoaeemiog Rds eda 71va ApMneat Will Pot BO RUM14 aamded, dmnpd or Path W except In writing 510 acecutod by do Pa W. 111 (U) Nalco other wine stated to dds Agreement. )Sayer has lagmced the )Ptoperty (Indmilug fitdum and mry tmr wale protxrcy specilknnY $12 rslted k"n) bddbm sgaiag pis AQrwood or has Waived the right to aq ao, and agrees to pareMe the Prop" IN (13 PlZg$ffmT $13 CONDMON. Royer aektta%%w%w Hut Broirer4 tkoir Scem eg, employee., offieors or wrtmers• kava not woe an mdawwom ezam- 514 triton or admumptlon of the moetmxl smadaen of the Preocrty, flee agc ce coac>T(to¦ of the eomVooe^ eavarenaental eonditiottr, 515 tke pwmt w sm br or adaditlom exia t in me locale waera tae Property is. spumes; nor have they asade a machasmal aafpedion or Std a" ofthegysmo ow amed tbereim 517 (C) Any rwaas t mul by tlds Agroetr %9 will be compacted in a wa maallke somer_ 516 (D) Bwtu(a) hate wovided army provide xrrroes to mew miroreauttad ii ucs to mpplylns whh this Agreement 519 29. DVAV T O." no (A) Seller hag Ole Opp ofrdaramg all sans paid bye m mad nglk Owom mop,, should Boyar 521 1. Pall io aamm any Wdkk mt paymeam as spooW ht pwsgmk 3. OR 522 2. • Finakh fte or m0omoift imUmdOq to ScIl , Brotaft or aW other patty idoWfled in this Aomm mi conowung Buyer's lord or 5m anow *04% OR 524 3. ViotdcorbtofalraIIandpuhmanyotherummorcmdtioasofddsAgremxmL 525 (11) Qnlas atkie vin CbeekRd !!R paagrapM 2! (C1, Stiles mat' C100t10 trstaat thole srnas laid by B1+Yu. mduding depcott mOmas 526 1. On aauxnmt e[Ptacgase pafoc. OR 527 2. As mamas to be applied b Sdkr o daawgaa. OR 318 Aa Uqutdatad gerogW fbraam (-leach 5Z9 01,; 19 LIIdIIM TO YMUDI11!tG SUMS PAID BY$17fER, IlY(?MBiG iOItPO U MON114r AS IAQUWATICD DAMACE& i30 Salley taam on nu Vold by Bayer, mpuoug deposit women as liquidaiw dam gm purwaat m paraB>nah 29 (0) or (C5, i u5mr card Wic 331 we tdo®od front Awdw liabdify or oht4phw mad this Ag comat n VOM 532 30. 17tI2MIIY MM & SITUAN OF nlii'OS175 (9.O.S) 533 (A) ftere fifes tames tbh Ag amg pursuant to tiny right greened by We Ate, aU deaoast ntomes odd on aawVt of Purchase place 534 will he rgharned to Borer saa dde Agra =wt voll be VOID. The Wotcr holding the datotit awaaea maV ody r+e mx the 6soosit awam sccanl- 535 mg to me toms or s 1Lpy amIged wd tea agreatmt bctween Bayer mad Soper aw as petmhtfod by time Rrilaa and Regrdatlons of the 5bote Reai 536 BrIOCCommaalon. 337 (B) if there a a dispute over Cndkateot to asumit mmum a txokcr is apt k dly permitted to demon to it a breach 6ocurtea err which OWtY it entl- $38 dad a dopo* moo= A N%W 1101dkas the OCIMrt WWW if rWudtdd by tb0 Rntas Bad FXGOPAOna of the Stale RCM Bam[e CoamwOn to 539 rmm the matins a escrow maul the dbpub b resomm. In the event of 11110uaa osrr depart motdea, a muloa will distribulc to amour eecord- 540 trig to time teams oP a illmm arm of Court or a wrkrkn agneemaat of the caret. Boyer srad Saw aagm that. if day.wukw or &Ma w rrc am as $41 ,peed to ittfV" tr gft deepen mdnT% ffio gQwro , rocs mad oosb of the broker(s) and Nomxec(a) will be void by *0 tarty 101=9 theca 542 3L RuL ll VATB RBOOVBRY)MND (946) S43 A Real Estate Rewwy Aa?d exam to reimeum OW atetsoria who Nava Oblbm a find civil padtmad tgairaat a Pawylvaaaa real whale licensee 544 owing to ftaul% mmVP006060n. Or 000011 m a seat estate tramacbloa aw who nave Been ter" to wiled die ,pdgaPrat aQa extwuntmtt dl kgat 545 and equiak r0laed'iea: Pgr ca Wl* ddmb about the Fuca, call (717) 7833658 or (500) M2113 (within Pennsylvania) aed (717) 783.4854 (opt- 546 stele Pamsytvatirat). 547 3L b=IATI(W (945) 348 (A) JAI= otimwcas ft*d to aeragtsph 32 (DX Buyer and Seder wnI aubaah alt dislwleb Or aoims that arise from Ibis A,grcemau to aux6ataoa 549 as ecommoca tvhh me Rmes and pmcwum of the Home Se Wgbmo BUM Dkpuic Raou*m*Sy*m Any ogroement machod through 550 modkdien area glgaod by the owlios will be bhu tg (sec Iatbanotlon )regard ms Mediation). 01 (B) Brayer and Sailer lucre roaave% raaN ash Updorsttind the Rmm and Proeci aea of the pease SdkrsJlTOM Buyers Ais;rar o Resotudw Syntcm. 552 Q' y Woement to mink di:puws Or Oahu arising "a this At;> t y1m sdtrivv sewcow t. $53 qak bMIATIO'N YS WAW0, Buyer and Seller uadmfmd fist mey aaay 0000 to medlde At a tltler dat0 6m)d a disoute or Ctawn arose, 554 bat tat Qa c wM bo no otg%&Uon for oy party t0 00 as 555 33. RUjDX Y7AL jZ4l). = lPA]NTX&ZARD nWCA'2ON ACT N011C'R QWtured for mvpalw built weiv 197111 0-" 556 Y.ewd-piaaea paint ffiumM Diecloaaro Rcoatrmaamr Yiro Retideotid Lad-Baaea Paint RMN Reduction Ad mmm w sellar of Prot- 557 erg- bot befltfre 1976 to tuoym the bq) w with an WA-approved Iced htavarda IVftmahon MWMet tided Proad Yew FarxiiP hoar Land to 558 Torn JFOW gad to d'aetoso to tin VMV aM the moan(s) the W*4 Won W of leadt*M part andkt Iced-bntod peer hunds in. or on the 559 pmpc* wM Sold, along *M the bests prod leer det=miog that the DUN* aKltt, the tomb" of the bm ds, and die coodidoa or pouted sur- 560 ikcas. Amy sdbt of a pia-1918 sirUrOtdlo must amp mvitdc tie wYer All arty M=ds Of repartee avallabk 10 no sellw Tegardiag lead•boaed M't 561 raft load-bored Pratt hWc& m Or about the Pm cV being sold, the mnom shams. or Odw msi ou" dWOW to tmdd-&"qIy houaatg. 562 Belbre a boyar ill obligated to Vutubme, a" AQmq OOmhucRd prior to 1978, the Act toQmlea ms seller b giro rho k0V 10 Oars (ORION bQW 563 and WW " m Wong 10 eadthw Ueoe WMED to em ct.a rink rotmmaet or m pcctba jx the Vm=Oe or leodtaased paint anNor lend- 564 based uWat pagans. 7W OWWt mlty to oMOM a task asaeasWA or i n*d n pay be weavod by Rae buyw. M WIN RC XeMw kWag nor sbale- 565 meatisredakEdOfthcaega.IlamwgprdltletLOTS orlatexisnotsuldoottotiroAct 566 APMJCARlA?ro=lY Wds COMA 1976 err W&F. 567 APPLtCABLB. Pmpcq was arlt pofto 1978. Druker mast attach the lad ilased 'l'ame 11amrda Diadesara and 'w"C004 568 Coolk%c y Addenoam (PAR Form LPA) or another aceWshte form wqb Ube w1btmaddn renmred br the AM and Vrovade Mayer 569 the V=0hlaCPA% dY00rF=NyfiVMLWdGr Ya#rJf- Buyer( meatiMdd lktow not theyravarowred lwth dtmmcala: $70 Lead- amd pint Razwo ))iaoloemo and hmpedloa 0bnpng0= Addatadcaa (Attached as tart of ids Agreem©aO. 571 -?1 Prorecl Yo?Fm!{r a r Lcpd in fewltaau C. Ara-%t Pap $ of 17 Seller faitials: 57Z Boyer Yaidew 44' 1Rcvrsed W Produced wth 4PFdrms" by RE F=*NA LLC 18023 Ftttems MIN hoed. C**M Tewnsft Kofttas 4&086 www.sto=.Loom w Rcai 08/19/2008 7:55AM S73, 34. SVECUL CXAUZ9 (I-P 314 (A) 't YE fi1{01rm¢ are part of tides Agreeatept tlehedtcd: 575 ? Sam dt SctlWaenI dOdxrPtMMW S76 Cauvagaay Addoodam (PAR Fomt SM 577 ? Sib ascadm mtaforae hopedycootlVow $78 with 11W419 0001 wmMadxliag S79 Addertdtau (PAR Form SV4:%O S ? samo.aaatofOthuPma(yCAattogweyAddenomt(NARFotmM Tai (PA1tP n 582 ^ , sad ? UG?,?-• ? Q r(g 5$5 586 587 568 cM 1 5" 591 592 S93 594 ass 596 547 8ftalt aW V W tiq OkmpffsedeUs waM 598 Bayer and Seiler ackwwk dge rcedyt of a copy of die Agreement tithe time ofmutng 599 NOTICE TO PARTM: TVNM MGM, THM AGRFFMWiT IS A BMV4G CONMACr, Yrrtica for thte traasactMa are odvaW to eoandt 600 as atloraey uE m sWdag Vthey deowo lq t adwce. 601 lictara by bCmimae trsatmiMon (VAX) of Me Agreemtat, aad any gMenaa spa amendmwk. bearing the signateres Of 811 MUM eosNtitaits 602 aeaptaaec by the parlfcL 603 © Buyer has remved tde CoaspmwNG(ke as adopted by the State Real Instate ComMAtloa atO ft code 135.336. 604 ? Bayer Yaa reaavo a stahmot oflQe4yer's collmated CkMal casts baNra dgumg"#VicemclL 605 ? Dayer W read and mows ieno the noDas and etadaaamty mforautboa it tide Agreemat- 606 [] Buyer ha Lamm a StMes Property Disdosara Statement befits gWng tki Agroe oof, it requlim by law (see Iafirma1100 ROgsrdiag 607 the Rest )6we Selicrobdo"m XAW). 608 ? Bayer has r=190 the DWO* Maher Nothx (tor eoopmuve sates vmm Broker for Sebw Is holding depaait weary) behre signing dds 609 AgramchL 610 DUYER'S hQaLLING ADDRXSS: 611 612 Vn7J`f M 613 WNNESS 614 WITNESS DAIZ T 1 BUYER RNIT 615 a dkr has reedycd tba, Cow nwr Notice as adopted by the State Acsl Estate Commie lurid 0 Pa. Coat X336. 616 SeVer has reaxved s rhtauep t of sdj 1 estimated dosmg cash botore stgtas5 Mb Ag 40=L 61,7 Senor Wren* and macrshmdt &c notices mad capinnatory toformation m tMs A=rsx ML 618 SEf,)M S MAIMO ADDRM. 619 620 wnN = 62l wrr?= 622 WnNM Rafted 06 Arodueed wlh ZoraM- bV Rt: Fawm mat, LLC 1 som Pl taen Mile Road, CN Oa Towaddp, mkbf en 480ab MOMOOMOM Wetahat Red 08/19/2008 7:55AM COMMMCATIOIYS VaTR13UYMAND/OASELL Wherever WS AgrowoeW oontaan a provizon that requires or allows commWUOage ideiivery to a Buyer. that provfsloa shall be sah8tied by catrrmmlCAawdallvay to the Broker Or BWCG if any. if Mort is no Bmxex. fhr Myer. those pranslons may be WtsGed only try oamrnaaieatfonfdavery belay macro direcfly to tae Bum, unless othemse egrad to tj the patties. Wherever ttr3s Agreement oont W a piovisron that rocut= or allows oommunrcadoWdelivary to a Seller, that provWon atadl bo satafita by commdtncatioddelivtq to tbo Bruner for Seller, if atty. If Marc Is no Broker for Seller; Uiw pnmsions may bo awsbeo only try eommootsabWdellvay bemg made directly to ft Seller, vales othavrfso agreed to ny the parties. NanCE MAJ3DIIG CONWCTFA SEX OFMNpM (MBGAN'S LAYn The Pa msyivaala (knerai Assembly has poaaed legEdation (afton rr.>baad tar as "MegWs Law," 42 PLC.& 19791 eL seq j pnovidlag for community nodficoon Of ids prcmw of certain oonvww amt ofhnaars. )Sayers are enoaugaget to Cement the Municipal polka department or the Peansybaam Scaoe police far information relathag to the presence of sox offendervacer a particular property, or to chock *a tafonuaCron on the Ponarylvania Stab Polke'Web We at WWW.paraeganalaw.state pa.tra. OMRVATZON RECAP DWO REAL ESTATE TAIICES (paragraph 3., Terms) )tea Estate Talc Proration: For =Wes of prOMft9 heat estft taxes, thewpenods covcrW by the tax M are as follows: Mlmiapal Taxes: For all coonhcs and muatotoalitfes m Pennsylvania, tax bills are for pie parwd J 1 to Deoocibcr S 1. Sohoot Taxes: For all aehoor disnictc, odor Um the PWladrlpW& Pittsburgh and 3ra*ft m "to paloo covered by the tax MI is July I to Jum 30. For the Pbfladelob* PRMuo and Sasaton school bills are for the vend Jaounry r to December 31. -mss UNJWfters may appeal the asswoo MWIA a bigllCt' assessed Value for the tilt assessed value of the property and N(TICR TO SITYUS SUMNG M d: Mortgage Contingency) of the loan and may oe dMaont from the purchase price and/or Buyer inithuscr, Gl aAS-Rragcltaray sauainitiars Bevl+ea 9At5 pmduow wm 27pFOrmw by RE ftnWet LLC 10=5 FMW Alps Road. C ft Towaaaip. %"I9an 4aW6 WFLIMI"Mr-M weiollcrk Real 08/19/2008 7:55AM 111101MITY4 ENVI 0NNMNTAL ftWXC1' ON N0ncjS (jp kM aph 11: properly b"ecdotl L;aatingency) Fl0oe 1'lafnst Ktae 1'MWty is Wastod in a 1100d plain, Buyer may be fmwred to carMadddional ihmrasex. Pr vPerfy Boaudarp / Square lkwtagW Seller Acs not had me Property surve m AaM feacM hedger, walls and other ualtim or eonartictod barriers may or may not reoresent U t oe'boosdary Csua of the PmVety. Any smknerlcal reoatac Moss of Piuaro footage of the structure(s) wW*r tat aiu arc ApproximilPons: oaq and may be IRaotairate. If Buyea wishes to verify the Propatys bmndarses or sg1>rire footage, Bgger is advised to eigago.a ptofrsatonet sarvayor or obtain an 6rdependsa meesiaameat of tho sontclur *) and/or Jqt aine. Water Sevier, Buyer may elod to have the wader sexvioe mspected by & profestsionatawatfmMell testing =My. In oddities, 0114it , water sarvicc systems MW have to mea certain quality asdlor quofay requa trma m set try the "c$ ft or the mortgage Jeodcr. Wee"Utroying tisaa d Iafcatatioai lasevas whole VrMWy source of fboctis wood, such as termites wood-bait beetles, cupeftw amts, csrpeater ties end certain other tmseda, can cause damage to the wood sauomte of a resldanm Urtnilc and pest Ceam 0omasa m axe a vallible to mspW to dd nniue Whether wood-duftymg mso* am t u=L Became of the WAY these iniods sandhog damage to wood may be htddm. C mU selection sbould be mace of *Mod ergma in the termitdpcBt ooatrol fseid to insure pmow date miuadw of'tvbedw wooaborfng mseeb or rmitaut damage is Wressent. Ilxtedw Insulation and Fiala Systam (ZIM: Bxtcrw bundonon aad 1?iniah Systwts-?onx to as syntbaic atuao--arc auilti4ayan:d wait systems applled to the c*nor of some horses. Poor or nmprooer smstrWGo f 8 of a atruchme wine It may cause damp to the ba» Idisgs frame. Latpge most lkq n o olstote penofrftg the mdao0 u d windows Pftm the roof conacedon saw, et the 1MM111ost edge of the Q*dor stsface,'VuWontbtfity to lsMaige , as wail as the experttse so application awls of the a= 94w. Damage ea W by water mW%oa may be but may go wwoto W In trio aweence of as NWPMM aespoallom Buyers put ufsag bomm with En BIPSAalaltd ptoblesas who can 60teimtne fho mefatare 001111eaai Of fM butldmg 60910. paotor V-4UM tCa! to Cestng for Asbestos: The hwkwiMant tad durable nature of asbestos qs next and decay ate thtir% with several aadmw bu th properfres that give esfxstos its teslsum to tong periods of tinge, When, iatnaled, theca fibers q aderoseopic VMS that eat suspended in the air for Uown to CWW Asbctmsm and various foists of exu>eer . Inqu ties or regueata Air more lafixYanidan be .S. Buftosmcmat Prefodtos Agency, Arid Rios Building 1200 , Pomwivania Ave, N .W. WaWligtom. D.C. a D Commonwealth of Ptansyt Me. Division of i3nv momenta Health, Hatrisbw& PA 17120. ,AIL Elech'omague6e Held" H heaaWt risks does not exist at hr arotmd all ele dotal applimoes and power lives. Conclusive evidence trust WFs post Janus regarding" assuea. 1d "routnentai Hazards: The US, Protection Agency has a list of ha wdous wtidam% tae use acid ftmsai 0whidt are reatnoted bylaw. Gancaully, if bazmdo" coact are foot it oa s property, Jt is the property ownwi; nglonsiboity in dispose of them tn'vwv. Por more infosmetum and a list of.h alkl etas sunstamees, ooom t tae U A E tvuentrimW Pmao lion Agency, Arid Nos Building, 1200 Pomylvame Ave.. N .W. WashimgW% D.C. 2t1e160, (202) 260-2090. Wedandst Wotlamis are proteatsd by the federal and state governments. Bayer may Wish ID hire an e.Mvit+onalarotat engineer to Jaavestgate whether the Property IS Jocatod in a we daaaws n ea to determine if permits for ptw to bullet improve or (Wolop the property would be oTected or denied beararse of its-Jocation in a llteedands area. Mold, Pm e and Weer Air Quality. Ihxtoor mold conmail ation onatthe lnbaiallon pf bioaet+osoti (bacteria, mold sporat Pollen and varasos) trove boon sssooi W with allegro response hguft upper mphtmSe =pSUM cough, *oomn membame kdtalxw> laver, aalilge, muscle aft or other lmsiant wAmmatim or aWrgy. Clamn Aare been asseitoft that agiostrra to mold conUmmedo and blw rosols has Lid to serious nttection, fmmnnosup maion and Mneg ea of nwro or spat%Wo teiad fb, Siamift of indoor etch gaallty and other raewods post to dakrmime the t icoce and som of Indoor coatemfgagoa Baba um luftalum may to a$eotod dufetoatty, or not atfc*d at all, by the unseated of mold or otter btommots, Buyer may vft to engage the services of a qualifiad pmfesdwW to tmdeitaice am asssumalt and/or sampling of the Property. Assesstnasts and samplings for We pteence of mold and bloaaosois can be omfatsed by ewaliflod Wu* W bygima % emgmems. Iabosm des cad home inspection eompanux that offer were se vieea. Inlbrmation about indoor air quality Luxes >a ovaileblo tiraggh the U8. Bmdrowwntad Protection Agem and racy be obwoed by emnbm ft 1AQ DM. P.O. Box 37133, W'aslhington, )IC. 20013-7133,1-900-438 4318. BoyerleltiaJs r.J. C. c- l?fi. ?dc./? A/S•RPage22417 scllerlnitiab /AW Rewind 91n5 10 Pmduea4 Wth ZpFbM*, by RE FomaeNat, LLC IBM PYtaaa Mai Road, Cbd9n 7oNmapfp, MCidpan 48M yMgWW&M Wdo wt Reef 08/19/2008 7:55AM 11gI+'OIt UMN R$CARDAW Tim HOW YNSIP'EMON YAW 68 Pa. C k& §7501, et seq. (Paragraph Iii propertylnspedlon Coatiageocy) I Home Inspocaw Jaw applies to'Sdtdeatldr roan catato tcpnstts," deli m Jo a ague, Cwhadgq msh hmw sales contract Jtase with an opdw to bur, grant or other transfer of an kft eet in rest property v ure 140T Iii TAAPI OPIB ANA NOT Mon THM DOUR Y2Fb' zNML L lDWIUJ NG YlNxl'S are imrolveL(See Information Regarding The Real Bstdc Seller Dirdosure L4 w (moodons 1..P for a list of exoeiitions3o this genera min) ne following definitions nre takes from the tart of the Rome Uspediou Imw Bone Itispeetion: A nontnras % vanes easmunadan of some oombmdm of qte meomaicaal, deotnoat or prmnbing systtuw or ape stna4tlmb am essential components of a reAkatal dwelling designed to Won* rnaftw deRxts Ip those aysbdns and oempowi tS, and poifonned for a for, in connection with or prOpnmtion for a proposed or passtble sasidenem rest esu to Ufa t lu Ic m also inut XIM any to ian Tvwing rho vMPOrty tint is represented to be a AOtue inspecton or the Is da miw by any mk*W siaMv tmdt. The tam does not include an won of a magic rystrm or oomponed of a naidrnhat dwetlipg such e5. for w ampio. its ehxtilool or plumblug system or Its roof Tho tarot arse does not toclude an atambabus tlmt is limited to hopedloa for; or of. one or non Of the follMW. wood-Ogtmyurg U UM, undo ground taaas sad wells, septlo sysWM ewmaming pools and spas, alarm systems, Wand wMer quality, tents eourts and ptayp,romhd 0*4Me4 pOlhltadts, tonic ehMears era emvnrmueotal haaada The scope of a home fnsnoction. the s Yka to be patfomsed and the systems am o0 to be htsraectod or extruded from Oupeatlon mqy be defined by a contract bdween to home unspedor and the odor t. Home inspection report- A v4it m report on the restarts of a hone mspoctioni. A home htapecdon report Ad kclude; (1) A daaalpbcoe of the scope of the uispectkm including without taaitaii a systems and sub-Minns covcled by the report. (2) A description of my material defects notod dudug the neat oatam experts be retained to delenmhe the cdcut of the MOM and any coaacfive be ' deface" that pmts an unreasonable risk to pcopit on the yropaq ahall be conspicuously idea A home inspector Ad not coos either Ora9 an to repair Shay ddbd fonad during a home iaaptcdon, except tht each an emirate may be wowed in a Jtoma nrs , (1) the report idaz 'Vies 110 source o tit (2) so tatimste 18 It", as a (3) tit report states tbd os g an estimate from a contractor who performs the type of rover invotveo. Seller shall have the tight, upon charge a copy of any inspection report from the party for whom it was lucparea 1191ne inspector: An indiY uni wh a he= tnmpeadox Nrtionai home iteapectors asarodalion: Any tratioaal association of hunt it?spaebors tlrah (1) Is operated on a not-fo"rofd brine and is not operated as a fiwob4b. (2) Has members in more than ten AMC& (3) Requires that a person may not bcaome a fill member ousels the pesos has pctfoantd or pa tioniatod in more man 100 Mono tnapechons and lies passed araaignized of Wndlted =141aation teatiag ioeowredge Ofdw proper P*Mdwm far aoruioo ft a home ftmectron. (4) Reguaw that its members ooatpJy with a code of conduct and shed ooatintft prefogdonat education clawes as na ongoing condition of mattberabip. A buoy Mill be entitled to racy in good hftk without indepcodcmt trrvcsagetioq, on a written reaiwa abou by a home wspector• that the none mspeaDr is skint mmtbar m good staading Of a aatioWil hang 111900ft association. it+latertat defec4 A problem with a rrsidentiar real property or my Dtrtdm Of it tWviould have a significant adverse ir»paot On the varae of the m opcaty or the iavdrree as amessonable 6* to I)WDie on We property. Tba fiat that a srmchnni danicA Mom or aabMIM Is nosh, at or beyond One end of fm normal useN life of=& a acrafctrml element Mk m or sutiVatam is not by Itself amstadat defeat INFORMATION XBOMItDINC RAWN (PairappIt 13s Status of Radon) Room is a natinjo, radioactive gas that is produced in the ground by the mormat dw q of wani mh and radium. Studies indicate mast Wcreaded tnhpOSUM to high levels of mon gas can woresse the ri* of lung can=. Radon =fhrd its WQ taco rely ea-Opaoe, mcetming bssaneno and crawl spaces and can permeate a strolxtao. The U.S. Bnriroamardal Pmm*oa Agmcy (EPA) advises oorreaIrve action If the saovat avwv exposm 10 w4ov is at or axooeds 0.02 working levels or 4 ptooCuhiealliter (4pCVL). If a house has a radon ptobluk it usually ten be cmd by mcrea id ventilation atxllor by prov,to?at?iag radon awry. Any person who tests. mitigates or ?gtaada a building for radon in Pelmsylvmna nuist be tmiifed by the Department of 9nvu VwnCnW Protection. Iafor WdOFL about radon and ADM CaMod Wing or mkWarion fume is available through Department of Bavironmoalm Protection. Bureau of Radiation Protection, 131h Floor. Roved Cmw State Office Boildiug, P.Q. Box M. Harrisburg, PA 17105.8469, (600} 23RADON or (717) 783.3594, Buyer Iaitiats L" A" Page f3 of 17 Seller Iaitlals Revised W P+oducedwNh ZlpFOlm'" bV RE FormsNet L LC 76015 Frftacai We Road, C1h0on Town:, MkhVm 40NO wvMM 0 Weiohat, R 08/19/2008 7:55AM SMAGE NOTICES (puftgragb 15;igataus of Setwpr) NOTICES P10MANT TO TIE PMWMVAMA SWAGS FACUMICS ACT DKMCE 1: TEM IS NO. CUIdRITI.Y RXWINIG COMUAM SWAGE SYSTEM AVAla.ABLE FOR Tat sum cm rxozmiTx Section 7 of ids Pcaasylvania 5cwege fatties Act provWw #w Po V== $ Mil install, om lmVt, re49W bid Proposals for aft tea' or ow4y any tmaft or a tuchn for NMe9•oo indivom savage system is to be ftlw od, wftb t tut obtainig a p=uL BWet is advad by tbts nofx that, beibm sigrdag d* Agre=4 Svyu should contact the lama agency mgpa % ft adm Ling the Act to detetmiae the proccfte ad regaieewentrfor obtauting a permtit ibr m hidividual sewsp system. The local agency Charged with admintsoenng the Act will be the mwwlpnt vrMcre the ?root* is looatod or that moaiclpality woddag oow4div* *11h ad= NOTICX2. TM8 XMOMTTY M SRRVTM BY AN IKON UAL SEWAGE SMUM INSTALUM MM )M THE Tom( ACRI 1" t1 Mrs B, iON MOVIMONS OF SWOON 7 OF TIDE PIMMYI.VA A SgWAGA FACTUTM ACT, (Secdop 7 provides that a parmit racy not be tequumd bofum wslaltip& cowmuchra& avrading a eonWA for coasdvotaop, alurmg sopaittng or cODr wft to an indlviduat wwuc system ftere a tawacrc pulp ei or cot is subdivided from a pamt tract Pttcr loauary 10, 1987). Bayer to advised that solls and aite tw;dgg tart not comiuclod ap4lbat, shoWd-Me *V = tpalfiuaegoq the owner of the Property or properties sarvkxd by the gvkm at the thm of a mal6wakm mqy be held Heide for lnafiu , polivaon, Public penlth b=w or musaoe which vcmm as arcrift AMIPW NOTICE 3: THU MOPERTSC IS S1Z1MC)UP I3Y A HOLDING TANX TO'PVWCIFI 82WAGA IS t HVXxhJw BY A WAM CAItRYMG SYB'Y7ISM AND WSICff IS GZY.D TO FACUATATA ULTIMATE DMOSAL 01F TM SBWAGX AT ANOT IM. p Sewage Aaa7Mes Act, Seller mast provide a h1my orthc anmral cast of maintalnaag 16 to 14, 1945, wMehever is latex. Brrya Inittaas •- /? ?kC.C? A/$-ILPxgal4erl7 Selkryaldws 3t??I?05 produwd wkh MpForm- by at8 FMMNat, LLC lsM5 R3ai+ MMs Roes, Mqt-Ymv*. Wd*W 10095 Welcher; Real 08/19/2008 7:55AM D+1)<+09WTION nGAIW) NG R12Cat1.A710MAL CABINS ('Paragt4h 19., Title; l5urveys & Costs) TLe UOWI*g de6hltiops and rmun moats are Uken from the Pen osywaota Comet mcdon Code Act (36 P.S. ¢7310.1014 seui ) A Aecreatioaat Cabin is a strnetare which b; (1) Umaed prtnoipally for raaudonal ac" % M Not gbVaed as adomicik or reaidaw for any m lvldusl for airy dine period; 2 Muffil od for 00mt10eroial ptutposcs; Not Veda than two stories in height, exatudkng baseme4 (5) Not nWlaed by the owner of any other peraoa as a place of emtmloy,aeot (6) Not a maWag address for bills and conupondcace; ono (7) Not listed a9 an havidmal s Ditto: of twit wAa on a tax rclorn. driver's iioensc, car i+agis VIOR Of VOW registtagoa. A rocreatlonal cabin may be exempt t om the proyWooa of the PeRmylvanis Coastirugoom Cale Act if., (1) The c" is eWSpped with at mat one stook: detector, one lira amaguLsbp and out carbon monoxide detector in both the wichan apd deepen Owlets; and (2) The owner of tho eabfn files with duo m mtctpaiity citLiea~ (a) An affide*4 on a form psestsi6ed by the PeonsyMmia 11prOmem of X+abor and lwu*y attesting to the fed tier the cabin mats the de6mifitsa Of a um n .cabin+in Section 103 of tho Act or (b) A valid proof of itm moo for the nxaaharai aablm, writmoi and bsudd by an ksurer aaih tRWUW in this commonwoatth. statog that the st uchim meets the defwmon of a'4' miasmal cable as defined in Sestto eAot Detlnitid?a ofa Pianaed CouaPuaity Tyre Uniform Piannod Community planned oommttaity" as utter/ estato with respect to wbioh• a t>etsott, by vtrtua of owmenlrip of an mbm n to OW portion of ibe seal or may become obligated by covcmt il, comm mt or W meat holmscd on the owme's 3111brO t to txly any amount for no pro" taxm mamtcnattcr, repair, 3Mrovcment, raanagameat; adi tmrstretton or regclsdoa of 07 part of ibe rat estate other than the oarfion or ttttenest owned solely by the prison. The tame exddoes a cooparat" and a Condoratnhan, but a 0000 OVO-or oondomlasum Fay be part of a punned community. For fbo punx= of this deffiillaii, ". ownership" i>idt t holding a leasehold intgest of more than 20 years, including ww" options, in root ostato. The tpm includes non4vdddxidat eamligtoud communities. Exemptions frorm the Worm Must! Community Act and the Uniform Condominium Act; When a CerWicate of Resale L 1V601egaired no owner of a wop&y located within a planned Comm mitt' is not reQUM to furnisb the bayer with a cerrdficate of nsnte under the following cue mr : (1) Tbs. Planned Cormmtmity/Comdmuni m Comm no more than 12 init% limvided them is no possibility of nUing rear estate or subdividing tb to ineream the adze of tha punned c=mnW or oondotnamum. (2) Via Plaice till u tyrmmumidm? 1s ono in which all of tha udtts we rest ubd eurcruslvaly to noo4saidemhal use, umess the dackaradOn viovidee thatfde resWA vrotdsiotm arc noyett elm to oe followed.. (3) The Placated or mw amjoemd outside the Comnionwoalth Wendayivanta. 4) Tbc transfer oftlte nail is a gratuitous trsns<lir, S? The transfer of Ste unit is required by court ottlar. (6) Tier transfer oft e unit is W the govemineat or a goyanoncttlat agatoy. The tender of the unit is the result of fortelomm or in Hdd of fbredosum Notiw Regarding Pabliie 0f farrag Statemeats find Right to Rescission If Stiller a a 17eeter®t of too condoinintum or planned eonammil , Seller is mlu ed'(o furnish Buyer wilt a copy of the Public Ofbrmg Statwunt and Its ama nemattts. For cobdo9mmiams, the delivety of tho Public Oft'eang Stet mm Man be made no rata than the data the ova axmft this AgrOtt mt. Buyer may tmioel ft Ap ment within 15 dip after receiving the Me OffalaB Statement and any ane ilmo s that mderk* and adversely affect Boyer. For lib med. commnnidas, the Dadvont an* provide the Buyer with a copy of ffiC Publte Oftimg Statement and Its ageondmanb no later than tho pate the ElVer execnms this Agmemeat. Buyer ntr<y sautes this Aereenteat within 7 days after receiving tide Public Offam Swamew turd any arneodtnm "that matendly and adversely atw Buyer. Buyarbidais tort..,'. C ``1! /y At5-l9t]?agc25oC1y Seller Initials ealvl "` l lt"od Pm wcw wilt 21pFopn- ov RE f'orat"t, LLe iao26 Places We Road, Mia TlXw stip. IV1bVM 40096 wm =ft= )r weldiort, tint 08/19/2008 7:55AM X. XAD WA9MG STATJ3MNT TOR PROPiM+rW BMT WORM 1978) (aragraph 33: ResidattW Lead-Based P4int ward Xteductioa Act Notttx) Every pmnebnsae of my IdUmst M Triidemlm ptopCtty on adrfeh a reddeatfat dW4htg Wn bulit prior 101978 is noUrwd VW suou property my ealydaure to read AM feed r-vd vdw 9w Maw FtOre young cuwm at tlsk of dwooft tad oolsovw& Lew potsoatug is young chad a MY product permanod lwologtoat damagy loctndmg leammg thus VIM MCLO q tltieplgaace QGoUeA behMOM vablem no Iropfifta MWOY. Lead DoXOamg atto poses a t>aitcuiar risk to program womaa 17re 3Aar of spy fatm* m residarlial real proP04Y is rogw'W to p OW& the b4yer with my lafbtmadon on ksd-briw paint buards from Asir MOCROAM a ) per m the sitars passeulOO and WU& the tatter of any Known lad-baaeQ paint hstards A risk aaaeaament or tooptWou for possible lad-baOedom banuo to twamntendea prior to purchase. WORMA17ON REGARDIM THE REAL LSTA '' SNUM M osURE LAw (Page 10: Signattim Page) 'T`bc Real Mac Seam Disclosure Law aqulres mat bdhm so wacraw of sw is OVW4 Seller M a reddeabel real curate baasRr u mwlae c Wft dia*MW rMtrding thO ptnpaty m POMde) bt> M m a form defined by the saw. A teddptdal no aft tt blear is d015rted as a: sale, exahaoA Wddkuzf suits owbaot, base with an option to bay, grad or dodow ttanear of an baled in reel prop" where NOT LLSS TftN ON$ AND NOT MORS MAN FOUR RIMMINT7AL ri'WISIGt iNG 1 am 6rvol"Cl. The Law dofim a noulta ofaccoodow wam the disclosam do not have to be made: L Tmdxs dwtme the rrsu]i of a court orris: Z TmoEbm to amottgoge loader Mat result atom a buyWo default and stbM=W fonal dc&W t 3. TJansffi a JIM a co-ownar to one or mart other co-owtrdts. 4. 'ilytt hm raaw to a spolrse or direst deacandant: 3. TMdbtsfttnmspouses that result fYomdivorce,Mpsepsradoaor 6. IkOkfi by Tra"fem n a corppradoa, portnomhW or oihcr Gssodabott b its or ty owners as part of a ptan of 7. TrxL*r ofa property to be demolished arconvuW to no 8. T arLtfcr of unimproved real property. 9. Trod= by a fiducimy during tax adminiatmdon cortsavWmhid or trust 10. Trausho of new 4amtraxion that Tres rater wbon. L The buyer Aas iecerved a oneyar n L The MvMng has bran Wi tgr 0 buWmg code or, if none, a ad wOy reco1pu=4 model buzldhw Codc;=d a A oadficate of ocwpan of Dom has been L,: t d for the dwwelung. 1a addition to &M 0(0100 and coovaradras art: Gmned m ux sWla s varacular urn(s). Diectomm tegardiag oomam areas or farAieies we rw are ajrWy addt=W in tho laws that govern tho tm3al0 of oondomialum pad coopara " iotsreAM CrWitials BLS- (, ?" AiS-1thv16of17 MarUddais >sefaoa 9Uats Pr1dNL:e0 V4M Wk m - by RE F01 w t, LLC 14026 FMM bp0 ltoad, Midas Townahp, ldltlrlMM 40M Evw.ztororm.com Wekk hart Kcal 08/19/2008 7:55AM MOPIUIION RR(;AMING NNDIATION Q'MCrapln 3Z: MMiatlon) ') SFV,[T; RBSOLMON SYSTEM TUHAq AND PROCLrDORRS L Agre meat of Parties The Rules sod Proccdw= of the Disbute Res6latiea Symn (DRS) 9W when the oactlas nave agreed in writing to mexfieee udder DRS. The vakwa egreement can be aducted by s staadarid ertaaw in an egieetneat of safe, as addendum to an agreement of saie, otter aseearwMwliUMageeeemtenL 2. lmldatiom of Mediation If a dispute exists. any petty may SW the Inedlattml PrOO s by MWIR ttlpg a VOMP18W Request 110 Initiate Mein l% DRS Tiast millal Fom (TmmnUW Foan) to the loot Association of MLTt (hemftw "Adtnimistratoo. The Tmunittel Fom should be ava8pble through the Adutiaiehat0r's ofdieo. The hdhsting party sliould try to include the fallowing hd raistion when sending the completed Tranmilttal Farm to the Aamuttstrator. a A copy of the written ageecmxtt to mediate If there is one, Olt a rcquebt by the initiating parry to have the Admtuislrntor contact tho other pttrhes to tho dbporte to Amb them to join the mcdLUbn pieces. b. The names; addrem and telephone ownbera of ttu patties imrolved ilk the dkPWA Ipeuading the memo of every Insurance company 10 Awn to wma raeived notice ofthe dl9p m or ciatm and the filoor riamr auraw. 0. A t><irf atenwrmt of the fears afthe dispute aaa the dements orar?i,?lfeE Foe bk 3. Wootton of Mediator Within five dip of rooravlng the ooatptatcd TiauxabdiForu. the Admbb6fmr will send cdch party to the dicpuae a copy of the T ammitlat Form and a list of qualified mediators and tberr fee sehedWee, Each party then has tea days to review the list of wediamta, mss off'the name ofany mediator to whore the party obio m, ad rett m the list to the r. The Admmwdor will appeart, the fast avallable medidw who a soceptabk m all parties mvdlveo, A modider who has soy flttomciat or personal lpterat m the disiwte or tba results of as mediator to that dispute, mdeas all p RtW drain tVied and give their written eoasmt. 4. Mediation Fees Mediation fees will be dividea•equolly armang tine are on cot hmoo. The vonccs will follow the payment terms Contained in the mediator's fee Whodule. d. Thee and Puce of Mediation Couftmea Witbin ter dqx. to mediator Will contact the mvtw and set the data, time and piece of the rrtedWOA coedbrcooe. The i dayC advance mouce to all perges. The mediation oonfC em should act be more Visa sixty days from spent 6. Conduct of Mediation Coaftvmce The 1 L Have fie attdtotity to enter tmto b. ftdux all inforrnatiou artdenals% descriptions and Wfonuianon itro 0 T'ho mediator praeiding L Will '99), b. Willtithe parties the a. Will have no andrority a m Will be expected to: to d*sx o. tine to tt? issues of nix dispute. Tire tnfarrr+atron may include retoveat Writtm the it of tuthway. The mediator can rowh tie paints to deliver written matermis ?,pettlemamMregetiatron. am in dispute, and roach a mutually, a$vaable solut(ML i optntm to bW the patties to rids orW dectstem, or to fora tiro parties to reach c eottleawt. Pbraral rases of evideece will not appty to the mediation conference. 1 Itewceentafioo by Conned Any party who intends to be aooorvpbuied to flit wedistlou ooati'xenoe try legal counsel Will notify the mcd'mtor bad the othervaruas ofth0 intent at loan ten days O*w We oodamoo. 8. Confrdeatiality 140 aeaeot of hire mediation eM IM railed IDOA or introduced as,odderm in any arblirimoa. judlotat'or other mweedimg. This twltrdes. flat is PA lkdlted to,any oplabas or sagiplIoms merle by nay puny regarding a possible saWment', any admissloms mado cWiug the emu of the wedbuon, any propoSats or oplWam exurmed by the medlatdr, and any responses given by any pity to 014ntons, Suggestlovs, or ompoeafs. I No pttviloge will ja affboW by disclosures made m the course of the mediation. Thus"is orrecmdiap oftbe me4W= wW not be allowed without the prior, written ooment of all uarbas and the rnedW". Records, reports, and odor dootuncM reopived or prepared by the modlator or AdrawWrator c =W be compelled by to arbinanoq judlevat. or othcrproceedicr& *ft the exoeptian of an agramend theatwas reached in tiro course ofinedlatton and signed by all Via parties. Nedlher the meteor not um Aaarhu ainr can be wxpelind to testify to airy proceeding regarding mfbrtnati02, OWN Or MOMMemtROW3 made ender iu rho mirA of Arc medletion or in any coalklentiel commurrtcation, 9. Mediated Settiagoat When a dispute w resolved tlrtoup mediation, the mediator will put the comptetc Mrsematt in writing and all partite will sW ft writuhl ogrameat vvitltin t+m days of the oomefton of the medlatlon eontbranoe. Every reasonable d1kirt will be made to sign tic wdttm ap==tW the end ofthe confefenoo. 10. Judicial Proceed'rnga and immunity Nstx= To A1nai gmATOx, Ta 141 mk pR TM NATIONAL ASSOCIATION OF REALTORSQ, THti PnmmvArvAA: s6mt=of REALTORSO Nm ANY oP ns itl8miER wAxm aYu ]t6 omimD macmARY oR wmpmAmPARnes tit Awy MO=MIK 110RWILLANYOFTEMMV1iRtAOUMINSFROCBOVROS 8a UARM 70 AWMARrY FOR ANY ACr,13R1M M M43SI01'f IN CMMCCWN wpH ANY SWtVICB Ohl TO OPBRATWX CF 1YI11 HO S8[.MWHOMB Bt1YSRS DaI+tTTSI&aI1ITron4 Sysrm Buys; Inttaus ?'? ?- / " &4. A&R rage 17 of 17 Seller Initials Z)d Produced wan Womt?'" by RE Fonnamet LLc iom Faison We Road, Canon Towns, WhIgm 48036 www-spl= Weld 08/19/2008 7:55AM VERIFICATION I, Daniel G. Schmieg, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Motion in Aid of Execution is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Dated: August 28, 2008 By: Daniel G. Schmieg, Es ' e Identification No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff V. Jeannie Mohmand a/k/a Jeannie Pak Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-6159 Cumberland County, Pennsylvania CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify a true and correct copy of the Plaintiff's Motion in Aid of Execution was served upon the following: Jeannie Mohmand A/K/A Jeannie Pak 1949 Monterey Drive Mechanicsburg, PA 17050 Jeannie Mohmand A/K/A Jeannie Pak 3120 Parkview Lane Harrisburg, PA 17111 Jeannie Mohmand A/K/A Jeannie Pak 4020 Lisburn Road Miechanicsburg, PA 17111 Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Acco York Federal Credit Union 1529 Rodney Road York, PA 17404 Respectfully submitted, & SCHMIEG, LLP Dated: August 28, 2008 By: Daniel G. Schmieg, Es re Identification No. 6220 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff N GJ 5!7n :w ti ? F?` l 01 SEP 0 2 2008 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff V. Jeannie Mohmand a/k/a Jeannie Pak Defendant RULE COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-6159 3k4k... " 0 left- ay of '? , 2008, a Rule is AND NOW, this entered upon the Members 1" Federal Credit Union and Acco York Credit Union to show cause why the attached Plaintiff's Motion in Aid of Execution, should not be entered. RULE RETURNABLE the C4*:U /JaWIL?' post 0- C7 L Ca C5 ° U r , s H 6. PHELAN HALLINAN & SCHMIEG, LLP By: Darnel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff V. Jeannie Mohmand a/k/a Jeannie Pak Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-6159 Cumberland County Pennsylvania CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copy of the attached Rule to Show Cause dated September 3, 2008 regarding Plaintiffs Motion in Aid of Execution, was served upon the following: Jeannie Mohmand A/K/A Jeannie Pak 1949 Monterey Drive Mechanicsburg, PA 17050 Jeannie Mohmand A/K/A Jeannie Pak 3120 Parkview Lane Harrisburg, PA 17111 Jeannie Mohmand A/K/A Jeannie Pak 4020 Lisburn Road Miechanicsburg, PA 17111 Members I" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Acco York Federal Credit Union 1529 Rodney Road York, PA 17404 Respectfully submitted, Dated: September 17, 2008 PHELA LINAN SCHMIEG, LLP By: Daniel G. Schmieg, Esq ' Identification No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff SEP 0 2 2008 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, COURT OF COMMON PLEAS As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff V. Jeannie Mohmand a/k/a Jeannie Pak Defendant RULE CIVIL DIVISION NO.: 06-6159 AND NOW, this 'Iea,?_day of , 2008, a Rule is entered upon the Members 1St Federal Credit Union and Acco York Credit Union to show cause why the attached Plaintiff s Motion in Aid of Execution, should not be entered. &44a? I/.6WILI" RULE RETURNABLE the ` da , 8. _, O? ? Q _? R.? 1:17 cry 1 CD PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, COURT OF COMMON PLEAS As Trustee For Morgan Stanley Pass-Through : Certificates Series 2006-3 CIVIL DIVISION Plaintiff NO.: 06-6159 Cumberland County, Pennsylvania V. Jeannie Mohmand a/k/a Jeannie Pak Defendant Plaintiff, by and through its attorney, Phelan, Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. The Motion and Rule to Show Cause were timely served upon all parties in accordance with the applicable Rules of Civil Procedure on August 29, 2008 and September 18, 2008 respectively. Attached hereto, made a part hereof and marked as Exhibit "A" is a true and correct copies of the Certification of Service of said Motion and Rule to Show Cause. 3. The Defendant, Members 1 sc Federal Credit Union and Acco York Credit Union, have all failed to respond or otherwise plead to the said Motion and, as a result, Plaintiff is entitled to the Relief requested. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order making the Rule to Show Cause absolute. Respectfully submitted, AN & SCHMIEG, LLP Daniel G. Schmieg, Esc I.D. 62205 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-6159 Cumberland County, Pennsylvania V. Jeannie Mohmand aWa Jeannie Pak Defendant CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify a true and correct copy of the Plaintiff s Motion in Aid of Execution was served upon the following: Jeannie Mohmand A/K/A Jeannie Pak 1949 Monterey Drive Mechanicsburg, PA 17050 Jeannie Mohmand A/K/A Jeannie Pak 3120 Parkview Lane Harrisburg, PA 17111 Jeannie Mohmand A/K/A Jeannie Pak 4020 Lisburn Road Miechanicsburg, PA 17111 Members 1 s Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Acco York Federal Credit Union 1529 Rodney Road York, PA 17404 Respectfully submitted, & SCHMIEG, LLP Dated: Auttust 28.2008 By: Daniel G. Schmieg, Es Identification No. 6220 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff (7 rv C o O •a co ?-n Kun13b 3SV31d AdOS 31B Alllbollb PHELAN HALLINAN & SCHIVIIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 2151563-7000 Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff p Q ttxy FILE COPY ?LEASE Ftge% V. Jeannie Mohmand a/k/a Jeannie Pak ATTORNEY FOR PLA? PY A PLEASE COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-6159 Cumberland County Pennsylvania Defendant CERTIFICATE OF SERVICE c C= rn 'r,r;-, 7 M M Fn C", - M ZTR C- o ern :? rw I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copy of the attached Rule to Show Cause dated September 3, 2008 regarding Plaintiff's Motion in Aid of Execution, was served upon the following: Jeannie Mohmand A/K/A Jeannie Pak 1949 Monterey Drive Mechanicsburg, PA 17050 Jeannie Mohmand A/K/A Jeannie Pak 3120 Parkview Lane Harrisburg, PA 17111 Jeannie Mohmand A/K/A Jeannie Pak 4020 Lisburn Road Miechanicsburg, PA 17111 Members I' Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Acco York Federal Credit Union 1529 Rodney Road York, PA 17404 Respectfully submitted, Dated: September 17, 2008 PHEL LINAN SCHMIEG, LLP By: Daniel G. Schmieg, Esq Identification No. 62205 tf!?? One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing Petition to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification of authorities. Respectfully submitted, Date: Ortaher 19, 008 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff PHE =N,& G, LLP By: Daniel G. Schmieg, Esquire I.D. 62205 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (mi) 563-7000 Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 Plaintiff V. Jeannie Mohmand a/k/a Jeannie Pak Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-6159 Cumberland County, Pennsylvania I hereby certify a true and correct copy of the foregoing Petition to Make Rule Absolute was served by regular mail upon the following: Jeannie Mohmand A/K/A Jeannie Pak 1949 Monterey Drive Mechanicsburg, PA 17050 Jeannie Mohmand A/K/A Jeannie Pak 3120 Parkview Lane Harrisburg, PA 17111 Jeannie Mohmand A/K/A Jeannie Pak 4020 Lisburn Road Miechanicsburg, PA 17111 Members 1 Sc Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Acco York Federal Credit Union 1529 Rodney Road York, PA 17404 Respectfully submitted, HALLINAN & SCHMIEG, LLP Date: nctnheL R (l)R Wirriel G. Schm' sc I.D. 62205 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff CD rIO 0 _.n 5 -?c OCT 2 3 2008 67 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Deutsche Bank National Trust Company, COURT OF COMMON PLEAS As Trustee For Morgan Stanley Pass-Through Certificates Series 2006-3 CIVIL DIVISION Plaintiff NO.: 06-6159 Cumberland County, Pennsylvania V. Jeannie Mohmand a/k/a Jeannie Pak Defendant ORDER AND NOW, this day o , 2008, upon consideration of Plaintiffs Petition to Make Rule Absolute it is hereby ORDERED and DECREED that: 1. Plaintiff's Motion in Aid of Execution Pursuant to Rule 3118 to Confirm Sale and Divest Interests, nunc pro tuns, shall be and is hereby made absolute and Plaintiffs Motion is granted. 2. The June 11, 2008 Sheriff's sale of the property located 1949 Monterey Drive, City of Mechanicsburg, Commonwealth of Pennsylvania, is confirmed; and 3. The interests of the Members 1 st Federal Credit Union and Acco York Union in said property is hereby divested as though with Pa.R.C.P. 3129.2. Judge Edgar F? 4 CC y t A Y N C.a an lit a !? w 1 {U J-) v ? V J +y 14 J Q 4 7