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HomeMy WebLinkAbout06-6376PHELAN 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 143007 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 Plaintiff V. JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0(a 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 #: 143007 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 #: 143007 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/26/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LANCASTER MORTGAGE BANKERS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1929, Page: 916. 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 #: 143007 6. The following amounts are due on the mortgage: Principal Balance $290,863.42 Interest 12,030.42 05/01/2006 through 10/30/2006 (Per Diem $65.74) Attorney's Fees 1,250.00 Cumulative Late Charges 329.07 10/26/2005 to 10/30/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 305,022.91 Escrow Credit - 78.13 Deficit 0.00 Subtotal $- 78.13 TOTAL $ 304,944.78 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. 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 304,944.78, together with interest from 10/30/2006 at the rate of $65.74 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 ALLINAN & SCHMIEG, LP ` By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143007 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section 'E' on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section'E' on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. BEING the same premises which R. Thomas Kline, the Sheriff of Cumberland County, by deed dated May 24, 2005 and recorded on May 25, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 269, Page 40, granted and conveyed unto Community Banks, Grantor herein. BEING KNOWN AS: 245 NORTH 25TH STREET. File #: 143007 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. 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 10 1-3 b ? ?t c- r--3 O cu CS Ti `r r 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6376 CIVIL TERM V. JEANNIE B. 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 B. 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 $304,944.78 Interest from 10/31/06 to 12/26/06 $3,747.18 TOTAL $308,691.96 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. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: ?Z?I PRO PROTHY 143007 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006- : CIVIL DIVISION A3 Plaintiff Vs. JEANNIE MOHMAND Defendants TO: JEANNIE MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: DECEMBER 6, 2006 : CUMBERLAND COUNTY : NO. 06-06376-CIVIL TERM FILE CnPP 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 S 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006- : CIVIL DIVISION A3 Plaintiff Vs. JEANNIE MOHMAND Defendants TO: JEANNIE MOHMAND 3120 PARKVIEW LANE HARRISBURG, PA 17111 DATE OF NOTICE: DECEMBER 6, 2006 CUMBERLAND COUNTY : NO. 06-06376-CIVIL TERM FIL E cep v 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 IFNCIS 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006- : CIVIL DIVISION A3 Plaintiff Vs. JEANNIE MOHMAND Defendants TO: JEANNIE MOHMAND 245 NORTH 25' STREET CAMP HILL, PA 17011 DATE OF NOTICE: DECEMBER 6, 2006 : CUMBERLAND COUNTY NO. 06-06376-CIVIL TERM FIL 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 JFNNISS. HALLINAN, SQUIRE 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006- : CIVIL DIVISION A3 Plaintiff Vs. JEANNIE MOHMAND Defendants TO: JEANNIE MOHMAND 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050-7050 DATE OF NOTICE: DECEMBER 6.2 06 : CUMBERLAND COUNTY NO. 06-06376-CIVIL TERM FIL 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 aFNCIS S. HALLIN N, 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 460 SIERRA MADRE VILLA AVENUE, SUITE 101 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6376 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 B. MOHMAND is over 18 years of age and resides at, 4020 LISBURN ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lx4yj - N??? 1-0 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t? C-1 17? 1 t _-+1 (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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 460 SIERRA MADRE VILLA AVENUE, SUITE 101 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6376 CIVIL TERM Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 27 200 4.. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE 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." y SHERIFF'S RETURN - REGULAR CASE NO: 2006-06376 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOHMAND JEANNIE B KENNETH GOSSERT , 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 B the DEFENDANT , at 1155:00 HOURS, on the 14th day of November , 2006 at 4020 LISBURN TOAD MECHANICSBURG, PA 17055 by handing to MAYRAM MOHMAND, MOTHER IN LAW 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 18.00 Service 11.44 Z'S., Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.44,/ 11/15/2006 GlV?, PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: X,?/ C/ f before me this day lut?y Sh V of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06376 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOHMAND JEANNIE B 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 B but was unable to locate Her in his bailiwick. He therefore returns the e'I-NAAl-)T T TTTr11 AAnnM LnnV NOT FOUND , as to the within named DEFENDANT MOHMAND JEANNIE B 1949 MONTEREY DRIVE MECHANICSBURG, PA 17050 1949 MONTEREY DRIVE MECHANICSBURG IS VACANT. Sheriff's Costs: So answer ,---.? Docketing 6.00 Service 10.56 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 31.56?" PHELAN HALLINAN SCHMIEG 41- )404th 11/15/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06376 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOHMAND JEANNIE B 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 B but was unable to locate Her in his bailiwick. He therefore returns the -.-.,,rt,-,T T TTTTI 1%/r/-,nm nnnn NOT FOUND , as to the within named DEFENDANT MOHMAND JEANNIE B 245 NORTH 25TH STREET MECHANICSBURG, PA 17055 245 NORTH 25TH STREET IS VACANT. Sheriff's Costs: So answers- . -='-=- Docketing 6.00 , Service 13.20 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 34.20,/ PHELAN HALLINAN SCHMIEG X404 fps / 11/15/2006 Sworn and before Subscribed to me this day of , A. D. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND No. 06-6376 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/26/06 to 6/13/07 (per diem -$50.74) $308,691.96 $8,575.06 and Costs TOTAL $317,267.02 DANIEL G. SCHMIE , 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. 143007 d 0-.4 F-4 0z W d? ?N? a WW d W z a aA?? d ? d 0 W ? N OH dF'U`n Uz z W Od 'xi?d? W U ? ?dL7v i a W F"''? H m W a ? ? O O A U O U a l-J z O W O U ? w? W O? v H ? o w O o pW., UQ a w a y v V K ~ O O C l) );-~ 0 d a C7 a oa U d U d a 0 N O d a? cd E a? a. iJ QN, M ?r ko W Qy J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6376 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, Plaintiff (s) From JEANNIE B. 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 $308,691.96 L.L. $.50 Interest FROM 12/26/06 TO 6/13/07 (PER DIEM-$50.74) -- $8,575.06 AND COSTS Atty's Comm % Atty Paid $187.20 Plaintiff Paid Date: JANUARY 3, 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 Due Prothy $1.00 Other Costs Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6376 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. i DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6376 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, 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 ,245 NORTH 25TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 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) LANCASTER MORTGAGE BANKERS, A LIMITED LIABILITY COMPANY 20 INDEPENDENCE BLVD WARREN, NJ 07059 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 245 NORTH 25TH STREET CAMP HILL, PA 17011 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 26, 2006 DATE DANIEL G. SCHMI G, ESQUI Attorney for Plaintiff T _ a rT --I .._J. t? ?' ... _.?.?_? ,..___. .. .1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-6376 CIVIL TERM December 26, 2006 TO: JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 "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 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 245 NORTH 25TH STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s 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 $308,691.96 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 (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 -+ ?? --{ -r S ems. ;:o .? LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. BEING the same premises which R. Thomas Kline, the Sheriff of Cumberland County, by deed dated May 24, 2005 and recorded on May 25, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 269, Page 40, granted and conveyed unto Community Banks, Grantor herein. PARCEL IDENTIFICATION NO: 01-21-0271-050 PREMISES BEING: 245 NORTH 25TH STREET, CAMP HILL, PA 17011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand, by Deed from Community Banks, dated 10/12/2005, recorded 11/01/2005, in Deed Book 271, page 3558. CIVIL TRIAL LIST FEBRUARY 5, 2007 No. 1 Donna Schorr, as Executor Derek R. Layser, Esq. Of the Estate of Vaughn Schorr Vs Albert T. Andrews, M.D. Randall G. Gale, Esq. Shashikant B. Patel, M.D. and Andrews & Patel Associates, P.C. 04-685 Civil Term Civil Action - Law Listed by direction from the Court, August 18, 2006 Listed by Derek R. Layser, Esq., December 4, 2006 No. 2 Tosha A. Darr and Ryan L. Weigle Karl Rominger, Esq. Vs. Robert C. Reisinger and Cathy J. Reisinger 05-3578 Civil Term Civil Action - Law Listed by direction of the Court, October 19, 2006 No. 3 Patricia J. Thomson and David J. Foster, Esq. Robert C. Thomson, her husband Catie Mahady-Smith, Esq. Vs. Kathryn A. Peroutka, M.D. and Lauralee B. Baker, Esq. Andrews & Patel Associates, P.C. 01-6286 Civil Term Civil Action - Law Medical Malpractice Listed by David J. Foster, Esq., September 20, 2006 No. 4 Joseph Zucatti Douglas Law Office William P. Douglas, Esq. Vs. Shirley Stambaugh Jenni Henley Allen, Esq. 04-4347 Civil Term Civil Action - Law Listed by Jenni Henley Allen, Esq., October 16, 2006 No. 5 Susan Shelburne Dilworth Paxson, LLP Joseph Metz, Esq. Vs. Craig Andrus Jenni Henley Allen, Esq. 02-5675 Civil Term Civil Action - Law Listed by Jenni Henley Allen, Esq., October 18, 2006 No. 6 Brandy Mills Vs. Robert J. Beaudry, Jr., D.M.D, Beaudry Oral Surgery and Robert J. Beaudry, Jr., P.C. 01-2581 Civil Term Kevin Haverty, Esq. Gary V. Gittleman, Esq. Civil Action - Law Listed by Gary V. Gittleman, Esq., October 19, 2006 No. 7 Kurt Jackson and Tracy Jackson Jeffrey B. Killino, Esq. Vs. Woodrich Enterprises, Inc. Michael C. Corcoran, Esq. Rooney L. Felmlee, Richard A. Woodruff, Sr., Richard A. Woodruff, Jr. 05-1122 Civil Term Civil Action - Law Listed by Jeffrey B. Killino, Esq., October 23, 2006 No. S Duane J. Wade Vs. Petro Stopping Centers, L.P. Individually and t/d/b/a Iron Skillet Restaurant and Iron Skillet Restaurant James Villanova, Esq. Jeffrey B. Rettig, Esq. 04-2218 Civil Term Civil Action - Law Listed by Jeffrey B. Rettig, Esq., October 24, 2006 No. 9 Thomas Sever Vs. Mr. Lawrence Bridge, Bridge Partners, LLC, Osborne & Rettig, P.C. Thomas Dickert, General Manager, Radisson Jeffrey B. Rettig, Esq. Penn-Harris Hotel (Penn Lodge Partners, L.P.) Mr. Bjorn Gulleksen, Coo, Carson Hospitality Corporation 05-2434 Civil Term Civil Action - Law Listed by Jeffrey B. Rettig, Esq., October 24, 2006 No. 10 John Shirvinsky and Carrol Shirvinsky, a/k/a Carrol Pletcher, individually and as parents and natural guardians of their minor children, Lauren Shirvinsky and Cristin Gervasio, a/k/a Cristin Shrivinsky Vs. Sears, Roebuck & Co., d/b/a Sears Home Services, PA Mechanical Services, Inc., Czapp & Griffith, Co., and Fred Holder, Jr., d/b/a Cool Masters Professional Services Kenneth L. Joel, Esq. Martson, Deardorff, Williams & Otto Kevin Blake, Esq. M. Douglas Eisler, Esq. 99-6753 Civil Term Civil Action - Law Listed by Kenneth L. Joel, Esq., October 27, 2006 and Daniel K. Deardorff, Esq., October 30, 2006 No. 11 Leslie Brown Robert F. Claraval, Esq. Vs. Ollie Warner Jefferson Shipman, Esq. 06-61 Civil Term Civil Action - Law Listed by Robert F. Claraval, Esq., October 30, 2006 No. 12 Robin Ringley n/k/a Robin Snyder Edmund J. Berger, Esq. Vs. Lee E. Minnick Martson, Deardorff, Williams & Otto 04-879 Civil Term Appeal from Arbitration Listed by Edmund J. Berger, Esq., November 2, 2006 No. 13 REG, Inc. Mark F. Bayley, Esq. Vs. Owen E. Meals, Jr. Salzmann Hughes, P.C. Susann B. Morrison, Esq. 02-766 Civil Term Civil Action - Law Listed by Susann B. Morrison, Esq., November 14, 2006 No. 14 Theodore Garman, Jr. Handler, Henning & Rosenberg, LLP W. Scott Henning, Esq. Vs. Larry Morrison, Jr., Thomas S. Brumbaugh, Esq. 03-5560 Civil Term Civil Action - Law Listed by Thomas S. Brumbaugh, Esq., November 15, 2006 No. 15 John M. Hamilton Vs. Merck-Medco Rx Services of Pennsylvania 01-1647 Civil Term MacDonald, Illig, Jones & Britton LLP W. Patrick Delaney John C. Peirano, Esq. Civil Action - Law Listed by W. Patrick Delaney, Esq., November 21, 2006 No. 16 Lila V. Howell and Paul L. Howell Vs. Marc Andrew Victor 1998-6805 Civil Term Civil Action - Law Listed by John R. Ninosky, Esq., November 27, 2006 No . 17 The Beistle Company Vs. Cork Industries, Inc. 98-4344 Civil Term Bratic & Portko Dusan Bratic, Esq. Johnson, Duffie, Stewart & Weidner John R. Ninosky, Esq. Eckert Seamans Mark E. Gebauer, Esq. Civil Action - Law Listed by Mark E. Gebauer, Esq., November 27, 2006 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 DEFENDANT(S) JEANNIE B. MOHMAND SERVE: JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY LLD No. 06-6376 CIVIL TERM ACCT. #3001578206 pNS 01 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 SERVED Served and made known to ?ea /1?1 i ?• iVIOZt? ircl. Defendant, on the day of n/, /` 200 at l 'I 3'" ,o'clock m., at 14 O ZQ L ?? S b u r ?? 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: Ag(ee30-Vd Height S1-I11 Weight IBS Race V? Sex Other I, ..V C? O 6 er it, a competent adult, being duly sworn according to law, depose and state that I personally handed IS a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. aa y 9 PV T S R CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Public State of 14ew Jersey NOT SERVED PA i RICIA E. HARRIS On the Commissig0 y4*es June 16.2008 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2ed Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ?j Y/ Z 0 KF L CA) 71 ?y ?_ W J rr? Z2 c-n to w ,. << i 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 UNDER THE No.: 06-6376 CIVIL TERM POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 VS. JEANNIE B. 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: 245 NORTH 25TH STREET, CAMP HILL, PA 17011. 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. DANIEL SCH EG, ESOUIR Attorney for Plaintiff June 5, 2007 Is LU z ?yaa3 a311'? o u464340?d? p4Q84 4azo iaOZ E?? ?l . V 6- h3N3.W `?1SUd? o r ¢ W V z H r`r'- W ?„} N tlV], O ? N 04 W o r a o ¢ c7 a a a ? ? Ov d o o ? ? U U u w o a qq A ? ? 3 ? ? d ? ? ? p N W z ? M U ? .n °? M W ? -c ° 4 aW N d 4) ON U w s a U P4 F x ? a d? N M zdo w" w N ?}. V U U ? ? 5 {d '? ? o o r m ?xa ? UQ T o O 5w ? o X50 F $ b0 U G y O q O 7 ? O q C O C O V? p? Yi U ? x a a? p a U ?0 MM c. O W O O A+ N '? z s F ? a? ? z? q O ? - y C7 Jrn -j CJ ? Deutsche Bank National Trust Company, as In The Court of Common Pleas of Trustee Under the Pooling and Servicing Cumberland County, Pennsylvania Agreement Series ITF RAST 2006-A3 Writ No. 2006-6376 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. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1211 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 245 North 25ffi Street, Camp Hill, 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 21.85 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 24.96 Levy 15.00 Surcharge 20.00 Law Journal 491.00 Patriot News 423.98 Postpone Sale 40.00 Share of Bills 16.17 $1,114.46 V /o/)V/07 (, So Answers: R. Thomas Kline, Sheriff BY p Real Estate Sergeant Y i !,rb DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE CUMBERLAND COUNTY POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-6376 CIVIL TERM JEANNIE B. MOHMAND Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, 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 ,245 NORTH 25TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name JEANNIE B. MOHMAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 4020 LISBURN ROAD MECHANICSBURG, PA 17055 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 I 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) LANCASTER MORTGAGE BANKERS, A LIMITED LIABILITY COMPANY 20 INDEPENDENCE BLVD WARREN, NJ 07059 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 245 NORTH 25TH STREET CAMP HILL, PA 17011 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 26, 2006 'A1z'11a , Ac" ) DATE DANIEL G. SCHMI G, ESQUI Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-6376 CIVIL TERM December 26, 2006 TO: JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 "THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMAHON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TORE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 245 NORTH 25TH STREET, CAMP HILL, PA 17011, 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 $308,691.96 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 (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. It . 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 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 L ' LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section "B" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinson, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. I, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13,1962. BEING the same premises which R. Thomas Kline, the Sheriff of Cumberland County, by deed dated May 24, 2005 and recorded on May 25, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 269, Page 40, granted and conveyed unto Community Banks, Grantor herein. PARCEL IDENTIFICATION NO: 01-21-0271-050 PREMISES BEING: 245 NORTH 25TH STREET, CAMP HILL, PA 17011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand, by Deed from Community Banks, dated 10/12/2005, recorded 11/01/2005, in Deed Book 271, page 3558. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-6376 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, Plaintiff (s) From JEANNIE B. 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 $308,691.96 L.L. $.50 Interest FROM 12/26/06 TO 6/13/07 (PER DIEM-$50.74) -- $8,575.06 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $187.20 Other Costs Plaintiff Paid Date: JANUARY 3, 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 iiepury Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 N Real Estate Sale # 16 On January 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 245 North 25`h Street, Camp Hill, Camp Hill Borough, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2007 By: j6? Real Estate Sergeant EE :II V b- NVr 1001 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. Marie C(Ivne, Editor ORN TO AND "SCRIBED before me this 4 day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Cairle-lc Borc, Cumberland County ;; 011- _.: - n 7xl?lres March 5, 2009 > XAL arrm!s Yin No. 16 Writ No. 2006-6376 Civil Deutsche Bank National Trust Company as Trustee Under the Pooling and Servicing Agreement Series ITF RAST 2006-A3 VS. Jeannie B. Mohmand Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or par- cel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and deselbCd as Mmm, to wit: BEGINNING at a point, the in- tersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two- story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being re- corded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by R William B. Whittock, R.P.E., dated August 13, 1962. BEING the same premises which R. Thomas Kline, the Sheriff of Cumberland County, by deed dated May 24, 2005 and recorded on may 25, 2005 in the Office of the Re- corder of Deeds in and for Cumber- land County, Pennsylvarda, in Book 269, Page 40, granted and conveyed unto Community Banks, Grantor herein. PARCEL IDENTIFICATION NO: 01-21-0271-050. PREMISES BEING: 245 NORTH 25TH STREET, CAMP HILL, PA 17011. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand. by Deed from Community Banks, dated 10/12/2005, recorded 11/ 01/2005, in Deed Book 271, page 3558. Hill, Pennsylvania. f 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#16 .... ......................................... ........... Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County mmis ' pires June 6, 2010 Memb r, PPnnii ?i2 Assnc?ation iJ tf NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 CUMBERLAND COUNTY NPA COURTHOUSE CARLISLE, 17013 (717) 249-3166 (800) 990-9108 ECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) PRA P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE AGREEMENT ERIEF POOLING 06r636•'?6 lo3h?o AND SERVICI No. BAST 2006-A3 Plaintiff, V. JEANNIE B. 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 09/03/08 (per diem -$50.74) Add'1 Costs TOTAL $308,691.96 $31,306.58 and Costs $5.230.50 $345,229.04 c DANIEL G. SC IEG, 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 eT sale e Plaintiff, must be postponed or stayed n absence of a re resentative of the la tiff at the Sheriff's Sale. the event that a representative of the plaintiff is not present at the sale. 143007 oz H ?? ?xw o a? FaWwn, ? zz ow Aad zz?o A ? U ?? UE., z ?HU? z?? O ? ? ? i 0 0 ? H W E-{ w o ? eo aA ?z pq??co? Aw z z 0 ao o w w CO) ? HA ??? a w ? AUC V a a w 0 d a a a x W H N H O N c? c? N O O M .-r w ?. oa _ p 6? S O O O C11- Co co ? 1 0 .o IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Jeannie Bo Yon Mohmand a/k/a Jeannie Pak Debtor(s) Chapter 13 Case No.: 1:07-bk-02589 ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to Dismiss case material default, and after notice of hearing set for March,12 2008, Debtors failed to appear 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 C ow t, B P Judge (JDK) This document is electronically signed and filed on the same date. Dated: March 19, 2008 MDPA•DISMISSMPT REV 6/05 ' "`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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-63676 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. DANIEL G. SCHMIEG, ESQUIPUIV Attorney for Plaintiff ? cr ?i ?? ? ?? ?:?. ? ?- ?? U ? ???, ? ?'.. -v ? ? r? ?',? W 0 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 . Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-63676 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, 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 ,245 NORTH 25TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 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) Lancaster Mortgage Bankers, 20 Independence Blvd., Warren, NJ 07059 a Limited Liability Company 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 f 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 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 245 NORTH 25TH STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. April 2, 2008 AL J- >' - DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 173 ..?Q ?? ? r Fn- .' 9/+ Jyy' Z W I DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE 5ERIESOOF ING AND SERVICING A BAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-63676 April 2, 2008 TO: JE NORTH 5TH STREET 245 CAMP HILL, PA 17011 IS A DEBT COLLECTOR ATTEMPTING TO CREV OUS RECEIVED A DISCHARGE IN OBE **THIS FIRM THIS DEBT WAS NOT REAFFIRMED, THIS KNOT AND SHOULD NOT BE CONSTRUED OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE OFA LID AGAINST PROPERTY" BANKRUPTCY AND AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEME P HILL PA 17011 is Your house (real estate) at 245 NORTH 25TH STREET CAM Sheriffs Sale on SEPTEMBER 3 2008 at 10:00 a. . in the Curt udgmenbof and to enforce t _ scheduled to be sold at the TRUSTEE Carlisle, PA 17013, AS County Courthouse, South Hanover Street, 1.96 obtained by DEUTSCHE BANK NATIONAL EMENT SERIES TF RAST 2006-A3 (the $30E- UNDER THE POOLING AND SERVICING AGR In the event the sale is continued, an announcement will be made at said sale in mortgagee) against you. compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS To prevent this Sheriff s Sale, you must take immediate action: to the mortgagee the back payments, late charges The sale will be cancelled if you pay You must pay, y may costs and reasonable attorney's fees due. To find out how much y call: aia563-70m be able to stop the sale by filing a petition asking t ask therCourt to en the 2. You may entered. You may also judgment, if the judgment was improperly postpone the sale for good cause. f 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty- Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand, by Deed from Community Banks, dated 10/12/2005, recorded 11/01/2005, in Deed Book 271, page 3558. PREMISES BEING: 245 NORTH 25TH STREET, CAMP HILL, PA 17011 PARCEL NO. 01-21-0271-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6376 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, Plaintiff (s) From JEANNIE B. 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 $308,691.96 L.L. Interest from 12/27/06 to 9/03/08 (per diem - $50.74) - $31,306.58 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,323.16 Other Costs $5,230.50 Plaintiff Paid Date: 4/04/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS OF COMPANY AS TRUSTEE UNDER THE CUMBERLAND COUNTY, PENNSYLVANIA POOLING AND SERVICING AGREEMENT SERIES ITF RAST : NO. 06-6376 CIVIL TERM 2006-A3 V. JEANNIE B.I MOHMAND JOSHUA FOR RULE TO SHOW CAUSE 1. Aimlicant is Joshua Kesler. 2. On Dece ber 27, 2006, Deutsche Bank National Trust Company (hereafter Deutsche Bank) took def ult judgment in rem in mortgage foreclosure against Jeannie B. Mohmand. 3. On Mar IIh 28, 2008, for the sum of $10,000.00 Joshua Kesler purchased from Jeannie Mohmand the real estate located at 245 North 25th Street, Camp Hill, PA 17011 (subject property 4. It is anti.ipated in the next few months that Deutsche Bank will list subject property for a Sheriff s sale based upon the in rem judgment in their favor. 5. The mort age holder of record in this case is Lancaster Mortgage Bankers and not Deutsche Bank. 6. Deutsche Bank foreclosed on a mortgage which was never assigned out of Lancaster Bankers. 7. Attached as Exhibit "A" is a document entitled "Affidavit Of Lost Assignment Of Mortgage" which was filed in the office of the Recorder of Deeds on July 5, 2007. 8. This affidavit indicates that the alleged assignment of mortgage to Deutsche Bank was never recorded, was inadvertently not completed and is unavailable. 9. Not only was the assignment never recorded, but the assignment was never completed. 10. 21 P.S. 351 requires that any assignment of a mortgage which is not 1) acknowledged, or 2) recorded, shall be void as to any subsequent bona fide purchaser. See Merrill v Hanley, 235 Pa. Super. 22, 340 A.2d 546 (1975), Holler v Fairbanks Capital Corporation Servicing Center, ?42 B.R. 212 (W.D. Pa. 2006) and In Re Foreclosure Cases, 2007 WL 3232430 (N.D. Ohio 2007), attached hereto as Exhibit "B". 11. Deutsche Bank lacked the standing to be a Plaintiff in the above captioned mortgage action because the relevant mortgage was never assigned to Deutsche Bank. 12. Even though they lacked the legal capacity to bring a mortgage foreclosure action, because Jeanne >. Mohmand failed to file a response to the complaint, an in rem judgment in foreclosure was entered against her. 13. The document attached as Exhibit "A" is not an assignment of a mortgage from Lancaster Mortgag Bankers. 14. Pursuantlto 21 P.S. §623-1, to be recorded, an assignment must be acknowledged by the assignor. 15. Addition anything, 16. Even if , the Affidavit attached as Exhibit "A" does not by its own words assign Mortgage Bankers were to now execute a valid assignment of its the deed into Joshua Kesler would be recorded before said assignment and the deed into Joshua Kesler would take priority over any assignment of Lancaster Mortgage Bankers. 17. In consideration of Deutsche Bank never having standing to bring their mortgage foreclosure action, it would be unjust to permit them to execute upon their judgment and gain legal and equitable title to subject property to the detriment of Joshua Kesler - the current holder of legal and equitable title. 18. It would be unjust to permit Deutsche Bank to execute upon their mortgage foreclosure judgmen? because it is clear from the records on file with the Recorder of Deeds Office that Mortgage Bankers is the holder of record of the relevant mortgage and it is Mortgage Bankers which must get "paid off' in order to remove the mortgage lien from subject property. 19. It would) be unjust to permit Deutsche Bank to execute upon their mortgage foreclosure judgmen and thereafter receive a whole or partial payoff of the mortgage in question, because he records on file with the Recorder of Deeds Office are clear that regardless of how much money is paid to Deutsche Bank, Lancaster Mortgage Bankers can still demand payment in full of their mortgage or else they could bring their own mortgage foreclosure action o their unassigned mortgage of record on file with the Recorder of Deeds office. 20. It would) be unjust to permit Deutsche Bank to execute upon their mortgage foreclosure because presumably, the note defining how much money was owed to Lancaster Bankers was not assigned to Deutsche Bank, which would mean that in addition to Deutsche Bank not having a security interest in subject property, Deutsche Bank would not have any legal right to collect any of the underlying debt. Joshua Kesler requests a rule be issued upon Deutsche Bank National Trust Company to show cause why pursuant to Pa.R.C.P. 3183(b)(2) and 3183(d)(3) the Court should not 9rder that the Execution in this case be permanently stayed and that the Writ of Execution be permanently set aside. YOFFE & YOFFE, P.C. By U Jeffrey N. Yoffe, Esq. Attorney for Joshua Kesler 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 iyoffe agverizon.net VERIFICATION I state that I am an adult individual who is authorized to make this verification and that the f cts set forth in the foregoing application are true to the best of my knowledge, information, belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ,4904 relating to unworn falsification to authorities. Dated: W Jos C. Kesler 2 After recordin return to: Phelan Hallin ekSchmieg, L.L.P. One Penn Cent er at Suburban Station 1617 John F. K ennedy Boulevard, Ste. 1400 Philadelphia, A 19103-1814 ..ROBERT F. ZIEGLER RE:Cv"RDER OF DEE,-'S C- ;,Il'ERLAND COUNT: 2NI JUL 5 FIM 10 48 AFFIDAVIT OF LOST ASSIGNMENT OF MORTGAGE Date: 6/12/200 Based upon a diligent search of the property records, it appears the Assignment of Mortgage from Lancaster Mortgage Bankers, whose last known address was in 20 Independence Blvd., Warren, NJ 07059, to Deutsche Bank Nations Trust Company as Trustee under the Pooling and Servicing Agreement Series ITT RAST 2006-A3 (Assi ;nee) was never recorded and inadvertently not completed and is now unobtainable. The affiant be eby affirms that it has acquired the underlying Note and Mortgage and is the assignee by virtue of this ffrdavit. Said Mortgage dated 10/26/05, recorded in the county of Cumberland, state of Pennsylvania is more particularly describes as follows: Original Mortgagor (s): Jeannie B Mohmand Original Mortgagee: Lancaster Mortgage Bankers Original Princi al Amount: 292,000.00 Recorded: 1111105 Book:1929 Page: 916 Property Address: 245 N 25th Street, Camp Hill, PA 17011 Tax Parcel No: 01-21-0271-050 Legal description attached or refer to Mortgage herein assigned for legal d ription. IndyM nk, FS By: 7 the A eivlant Vice rest en State of: TEXAS } SS County of: WI LIAMSON On, JW MZ M before me the subscriber, personally appeared Paige Holen, Vice President personally known to me (c r proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cap ity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity up behalf of which the person(s) acted, executed the instrument. WITNESS my and and official seal I //,a) &'/ , (seal) rrrrrrwa+arcraawrrrrrrrrrrrrrr UBLIC ?<?Rr P`?f,s CYNTHIA CONL The precise ad ess of the: 'ck Notary Public within named si ec is: = :*1 STATE OF TEXAS --,,,yr. My Commission 3001578206 460 Sierra Ms re Villa Ave ••;AEiE`.• Expires 03/21/2008=i Neville Cooper Pasaden , CA 11 ¦+++¦iiiii¦+++++++++aw++++++w++++++T By. (On behalf of he signee) OK0738PG 1543 EXHIBIT "A" ?T V -1 '1 Case 1:07-cv-02282-CAB Document 11 Filed 10/31/2007 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN FORECLOSURE CASES CASE NO. NO.1:07CV2282 07CV2532 07CV2560 07CV2602 07CV2631 07CV2638 07CV2681 07CV2695 07CV2920 07CV2930 07CV2949 07CV2950 07CV3000 07CV3029 JUDGE CHRISTOPHER A. BOYKO OPINION AND ORDER On October 10, 2007, this Court issued an Order requiring Plaintiff-Lenders in a of pending foreclosure cases to file a copy of the executed Assignment demonstrating f was the holder and owner of the Note and Mortgage as of the date the Complaint ?d, or the Court would enter a dismissal. After considering the submissions, along with all the documents filed of record, the Court dismisses the captioned cases without The Court has reached today's determination after a thorough review of all the law and the briefs and arguments recently presented by the parties, including oral EXHIBIT "B" Case 1:07-cv-02282-CAB Document 11 Filed 10/31/2007 Page 2 of 6 heard on Plaintiff Deutsche Bank's Motion for Reconsideration. The decision, is applicable from this date forward, and shall not have retroactive effect. LAW AND ANALYSIS A party seeking to bring a case into federal court on grounds of diversity carries the of establishing diversity jurisdiction. Coyne v. American Tobacco Company, 183 F. 3d 488 W Cir. 1999). Further, the plaintiff "bears the burden of demonstrating standing and must plead its components with specificity." Coyne, 183 F. 3d at 494; Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464 (1982). The minimum constitutional requirements for standing are: proof of injury in fact, causation, and r?dressability. Valley Forge, 454 U.S. at 472. In addition, "the plaintiff must be a proper and the action a proper vehicle, to vindicate the rights asserted." Coyne, 183 F. 3d at 491 (quoting Pestrak v. Ohio Elections Comm'n, 926 F. 2d 573, 576 (611 Cir. 1991)). To the requirements of Article III of the United States Constitution, the plaintiff must show he has personally suffered some actual injury as a result of the illegal conduct of the (Emphasis added). Coyne, 183 F. 3d at 494; Valley Forge, 454 U.S. at 472. In each of the above-captioned Complaints, the named Plaintiff alleges it is the holder and o ner of the Note and Mortgage. However, the attached Note and Mortgage identify the mortgagee and promisee as the original lending institution - one other than the named ff. Further, the Preliminary Judicial Report attached as an exhibit to the Complaint no reference to the named Plaintiff in the recorded chain of title/interest. The Court's led General Order No. 2006-16 requires Plaintiff to submit an affidavit along with the aint, which identifies Plaintiff either as the original mortgage holder, or as an assignee, -2- EXHIBIT "B" Case 1:07-cv-02282-CAB Document 11 Filed 10/31/2007 Page 3 of 6 or successor-in-interest. Once again, the affidavits submitted in all these cases recite the averment that Plaintiff is the owner of the Note and Mortgage, without any mention of an or trust or successor interest. Consequently, the very filings and submissions of the P?aintiff create a conflict. In every instance, then, Plaintiff has not satisfied its burden of standing at the time of the filing of the Complaint. Understandably, the Court requested clarification by requiring each Plaintiff to submit a copy of the Assignment of the Note and Mortgage, executed as of the date of the osure Complaint. In the above-captioned cases, none of the Assignments show the Plaintiff to be the owner of the rights, title and interest under the Mortgage at issue as of the) date of the Foreclosure Complaint. The Assignments, in every instance, express a intent to convey all rights, title and interest in the Mortgage and the accompanying Note ?o the Plaintiff named in the caption of the Foreclosure Complaint upon receipt of sufficient consideration on the date the Assignment was signed and notarized. Further, the documents are all prepared by counsel for the named Plaintiffs. These proffered belie Plaintiffs' assertion they own the Note and Mortgage by means of a purchase which) pre-dated the Complaint by days, months or years. Plaintiff-Lenders shall take note, furthermore, that prior to the issuance of its October 10, 2007 Order, the Court considered the principles of "real party in interest," and examined Fed. R. Civ. P. 17 - "Parties Plaintiff and Defendant; Capacity" and its associated . The Rule is not apropos to the situation raised by these Foreclosure The Rule's Commentary offers this explanation: "The provision should not be misunderstood or distorted. It is intended to prevent forfeiture when determination of the -3- EXHIBIT "B" Case 1 :07-cv-02282-CAB Document 11 Filed 10/31/2007 Page 4 of 6 party to sue is difficult or when an understandable mistake has been made.... It is, in of this sort, intended to insure against forfeiture and injustice ..." Plaintiff-Lenders do not allege mistake or that a party cannot be identified. Nor will Plaintiff-Lenders suffer or injustice by the dismissal of these defective complaints otherwise than on the Moreover, this Court is obligated to carefully scrutinize all filings and pleadings in foreclosure actions, since the unique nature of real property requires contracts and concerning real property to be in writing. R.C. § 1335.04. Ohio law holds that when a mortgage is assigned, moreover, the assignment is subject to the recording of R.C. § 5301.25. Creager v. Anderson (1934), 16 Ohio Law Abs. 400 the former statute, G.C. § 8543). "Thus, with regards to real property, before an assigned an interest in that property would be entitled to receive a distribution from the sale o?the property, their interest therein must have been recorded in accordance with Ohio law." ?n re Ochmanek, 266 B.R. 114, 120 (Bkrtcy.N.D. Ohio 2000) (citing Pinney v. 'National Bank of Defiance, 71 Ohio St. 173, 177 (1904).' This Court acknowledges the right of banks, holding valid mortgages, to receive payments. And, if they do not receive timely payments, banks have the right to ly file actions on the defaulted notes - seeking foreclosure on the property securing the notes. Yet, this Court possesses the independent obligations to preserve the judicial of the federal court and to jealously guard federal jurisdiction. Neither the fluidity of ngly, counsel at oral argument stated that his client, the purchaser from the original mortgagee, complete legal and equitable interest in land when money changed hands, even before the agreement, let alone a proper assignment, made its way into his client's possession. -4- EXHIBIT "B" Case 1:07-cv-02282-CAB Document 11 Filed 10/31/2007 Page 5 of 6 the secondary mortgage market, nor monetary or economic considerations of the parties, nor the convenience of the litigants supersede those obligations. Despite Plaintiffs' counsel's belief that "there appears to be some level of disagreement and/or misunderstanding amongst professionals, borrowers, attorneys and of the judiciary," the Court does not require instruction and is not operating under any misapprehension. The "real party in interest" rule, to which the Plaintiff-Lenders refer in their responses or motions, is clearly comprehended by the Court and is not intended to assist banks in avoiding traditional federal diversity requirements.' Unlike Ohio State law and procedure, as Plaintiffs perceive it, the federal judicial system need not, and ill not, be "forgiving in this regard.993 Plainti f s reliance on Ohio's "real party in interest rule" (ORCP 17) and on any Ohio case citations is misplaced. Although Ohio law guides federal courts on substantive issues, state procedural law cannot be used t explain, modify or contradict a federal rule of procedure, which purpose is clearly spelled out in the Commentary. "In federal diversity actions, state law governs substantive issues and federal law gove s procedural issues." Erie R.R. Co. v. Tompkins, 304 U.S. 63 (1938); Legg v. Chopra, 286 F. 3d 286, 2 9 (60' Cir. 2002); Gafford v. General Electric Company, 997 F. 2d 150, 165-6 (6" Cir. 1993). Plainti f s, "Judge, you just don't understand how things work," argument reveals a condescending minds( t and quasi-monopolistic system where financial institutions have traditionally controlled, and still contrc , the foreclosure process. Typically, the homeowner who finds himself/herself in financial straits, fails t make the required mortgage payments and faces a foreclosure suit, is not interested in testing state or fe ral jurisdictional requirements, either pro se or through counsel. Their focus is either, "how do I save y home," or "if I have to give it up, I'll simply leave and find somewhere else to live." In the meantime, the financial institutions or successors/assignees rush to foreclose, obtain a default judgment and then sit on the deed, avoiding responsibility for maintaining the property while reaping the financial benefits of interest running on ajudgment. The financial institutions know the law charge the one with title (still the homeowner) with maintaining the property. There is no doubt every decision made by a financial institution in the foreclosure process is driven y money. And the legal work which flows from winning the financial institution's favor is highly lucrative. There is nothing improper or wrong with financial institutions or law firms making a profit - to the contrary , they should be rewarded for sound business and legal practices. However, unchallenged by un erfinanced opponents, the institutions worry less about jurisdictional requirements and more about maximizing returns. Unlike the focus of financial institutions, the federal courts must act as gatekeepers, assuring that only those who meet diversity and standing requirements are allowed to pass through. Coun el for the institutions are not without legal argument to support their position, but their argu ents fall woefully short of justifying their premature filings, and utterly fail to satisfy their standing -5- EXHIBIT "B" Case 1:07-cv-02282-CAB Document 11 Filed 10/31/2007 Page 6 of 6 CONCLUSION For all the foregoing reasons, the above-captioned Foreclosure Complaints are without prejudice. IT IS SO ORDERED. DATE: October 31, 2007 S/Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge and juri dictional burdens. The institutions seem to adopt the attitude that since they have been doing this for so 1 ng, unchallenged, this practice equates with legal compliance. Finally put to the test, their weak legal ar uments compel the Court to stop them at the gate. The Court will illustrate in simple terms its decision: "Fluidity of the market" - "X" dollars, "contra tual arrangements between institutions and counsel" - "X" dollars, "purchasing mortgages in bulk a d securitizing" - "X" dollars, "rush to file, slow to record after judgment" - "X" dollars, "the j isdictional integrity of United States District Court" - "Priceless." -6- EXHIBIT "B" F17 7 DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS OF COMPANY S TRUSTEE UNDER THE CUMBERLAND COUNTY, PENNSYLVANIA POOLING AND SERVICING AGREEMENT SERIES ITF RAST NO. 06-6376 CIVIL TERM 2006-A3 V. JEANNIE B. MOHMAND Defer dant JOSHUA K SLER CERTIFICATE OF SERVICE The ndersigned certifies that on the date indicated below he served the foregoing application o the following by first class U.S. Mail at the addresses indicated. Daniel G. Sc mieg, Esq. Attorney For Deutsche Bank National Trust Company Phelan Halli an & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Jeannie B. M hmand 4020 Lisburn Road Mechanicsbu 2, PA 17055-6704 Date: April 10, 2008 YOFFE & YOFFE, P.C. By dT 94 Jeffrey N. Yo06,E sq. Attorney for Joshua Kesler 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe aj)verizon.net r.s C7 -Imp -n rj? ', ? rrs 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff VS. JEANNIE B. MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 1, 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 27, 2006 in the amount of $308,691.96. 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 Sheriffs Sale of the mortgaged property at 245 NORTH 25TH STREET, CAMP HILL, PA 17011 (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 15, 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 September 3, 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 Interest Through September 3, 2008 Per Diem $65.74 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $290,863.42 $56,122.81 $1,206.59 $2,635.00 $1,713.50 $1,069.66 $173.50 $10,795.60 $850.00 $0.00 $0.00 ($0.00) $12,320.47 $377,750.55 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 Plaintiff's 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 April 11, 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) and certification of mailing are 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. DATE: L D a J%g, LLP i NJ By: V. Bradford, Es ire Jichichele Attorney y for Plaintiff 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 UNDER THE POOLING AND SERVICING AGREEMENT Civil Division SERIES ITF RAST 2006-A3 Plaintiff CUMBERLAND County vs. No. 06-6376 CIVIL TERM JEANNIE B. MOHMAND Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEANNIE B. 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 245 NORTH 25TH STREET, CAMP HILL, PA 17011. 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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. VIL 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: By: e a a W0sqpAreeLLP Mic ele , 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 143007 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 Plaintiff v. JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE c 1 Cf. i co 0 ca?, . 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 ow, Carlisle, PA 17013 (800)990-9108 true and Vje At, to bbe a Mt" " wo. went. 00 y .01 the otinir?at filed of reoorld File #: 143007 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 #: 143007 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES I TF RAST 2006-A3 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The namc(s) and last known address(es) of the Defendant(s) are: JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/26/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LANCASTER MORTGAGE BANKERS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1929, Page: 916. 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 #: 143007 The following amounts are due on the mortgage: Principal Balance $290,863.42 Interest 12,030.42 05/01/2006 through 10/30/2006 (Per Diem $65.74) Attorney's Fees 1,250.00 Cumulative Late Charges 329.07 10/26/2005 to 10/30/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 305,022.91 Escrow Credit - 78.13 Deficit 0.00 Subtotal $- 78.13 TOTAL $ 304,944.78 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 304,944.78, together with interest from 10%30!2006 at the rate of $65.74 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 LLINAN & SCHMIEG, LP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143007 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section'E' on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section'E' on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No, 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. BEING the same premises which R. Thomas Kline, the Sheriff of Cumberland County, by deed dated May 24, 2005 and recorded on May 25, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 269, Page 40, granted and conveyed unto Community Banks, Grantor herein. BEING KNOWN AS: 245 NORTH 25TH STREET. File #: 143007 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 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. 51 / ?& -- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I? ??? Exhibit "B" 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 19103-18I4 f215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND CUMBERLAND COURT OF COI CIVIL DIVISION NO. 06-6376 CIVIL c. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: o m :_,r rn rv ?t Kindly enter an in rem judgment in favor of the, Plaintiff and against JEANME B. 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 Plaintiff's damages as follows: As set forth in Complaint $304,944.78 Interest from 10/31/06 to 12/26/06 $3,747.18 TOTAL $308,691.96 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. ATTORNEY FILE COPY DANIEL G. SCHMIEG, ESQUI PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ,C . 7f 2CX,( J.. -??D -A 4r,? PRO PROTHY ?n' ?7 143007 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 Cowt, 8n MP Judge (JDK) This document as electronically signed and faded on the same date. Dated: July 20, 2007 MDPA-DISMI332MPT REV 6105 Exhibit "D" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bk. No. 1:07-bk-02589 RNO JEANNIE BO YON MOHMAND Chapter No. 13 A/K/A JEANNIE PAK 11 U.S.C. §362 Debtor DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Movant V. JEANNIE BO YON MOHMAND A/K/A JEANNIE PAK A/K/A JEANNIE MOHMAND Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006- A3 (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 245 NORTH 25TH STREET, CAMP HILL, PA 17011, 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 6" 1 V g p -5 Robert N. Opel, H, Bankruptcy Judge This document is electronically signed and filed on the some date. (89 Dated: November 15, 2007 Exhibit "E" 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 April 11, 2008 JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 vs. JEANNIE B. MOHMAND Premises Address: 245 NORTH 25TH STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 06-6376 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 within 5 days, by April 16, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. My u ire For Phelan Hallinan & Schmieg, LLP Enclosure wI w w bU y a o. O a CO L6 L 3a00dlZ W08J a3lldW wl R G? r b A ? C v o ° O c .? o c Y x? uG 00 y M Q 1 . a lu U cd O 1¢.1 a. 't7 LI 8-00'Z L t aciv o m0 zt 400 00Vzo $ M zo S3AACM A3N.Ild ® Aj? C ® I Y O N'Sbdsol' now, ? d U C ?C dO ti ?O v U O C ': v o E ? v v v ? E U F-+ O C N E ?w.g O O C O o 0 y ? w ou v N 3 ro ay C O _ .0 b G.? E E E 'c1 ? 7 ?xEl Ew ? v??w -d H H ° ovo •a v U N h ? O y N .,, V U UO M O u0 0 ??? O E E ? O O '0 O w C in ? w p O O 7 O+ p .. E ? iq u m Ern .b C O v ? .-.. o U F rn ? ? v o 0 v v ? p O F ? y c?v P4 C U 0 0 v 0. F? T N aw N L U U U a0 0 0 ?a v z; F RS N ? O O N o U ..y r C ? C? V1 rn w0 T FV 1?1 N 'O R Gn b 7 .? z t- O N <n '? cc PC p N M Yn ?p t- oo O? H Z < o 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 unsworn falsification to authorities. DATE: By: TPhem eg LLP Bradford, E q Attorney for Plaintiff 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff VS. JEANNIE B. MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 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 B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 DATE: By: ye VEsire' Attorney for Plaintiff JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 LP e .Bradfo +`y rya - 7 ,: -rt .,_,, -i ?' . ?r. ,?.? __... ,.. ..._ ...,.S;r?, .f ! . 4:+"? ? '?? '"C" M... ,. t ,) ._ r °y i '?7 ,. ??. APR 1 42008/ DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS OF COMPANY AS TRUSTEE UNDER THE CUMBERLAND COUNTY, PENNSYLVANIA POOLING AND SERVICING AGREEMENT SERIES ITF RAST NO. 06-6376 CIVIL TERM 2006-A3 Plaintiff V. JEANNIE B. MOHMAND Defendant JOSHUA KESLER Applicant ORDER AND NOW, this / 8 " day of pw , 2008, upon consideration of Joshua Kesler's Application pursuant to Pa.R.C.P. 3183(b)(2) and 3183(d)(3), it is hereby Ordered as follows: (1) A rule is issued upon Plaintiff and Defendant to show cause why the Applicant is not entitled to the relief requested; (2) The Plaintiff and Defendant shall file an answer to the Application within Z o days of being served with this Order and the Application. Service shall be complete upon mailing the same by First Class U.S. Mail to Plaintiffs Attorney of Record and to Defendant; (3) The Petition shall be decided under Pa.R.C.P. No. 206.7; (4) Depositions shall be completed within Ys-- days of Plaintiff and Defendant being served with this Order and the Application; Q, (5) Argument shall be held on l 2008, in Courtroom # of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. (6) Notice of the entry of this Order shall be provided to all parties by the Applicant. BY THE COURT ' p ??w S3fCO;? V; VNI. q 0 :1 d 81 ddb 8ooz LA/ X:-, go/Sl/ h ?,t?t (r a?? ?? ]Hi ?O APR 21 200 ,?- c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County vs. JEANNIE B. MOHMAND Defendant RULE No. 06-6376 CIVIL TERM AND NOW, this 2 z -4 day of Prn.? 1 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. 2-0 Rule Returnable oa the day of I?-- BY T E COURT J. M' ele M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fed hu e.com JE NIE B. MOHMAND 20 LISBURN ROAD MECHANICSBURG, PA 17055 TEL: (717) 796-1191 NNIE B. MOHMAND /2455 NORTH 25TH STREET CAMP HILL, PA 17011 143007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Civil Division SERIES ITF RAST 2006-A3 Plaintiff CUMBERLAND County No. 06-6376 CIVIL TERM VS. JE,ANNIE B. MOHMAND Defendant ORDER AND NOW, this day of , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $290,863.42 Interest Through September 3, 2008 $56,122.81 Per Diem $65.74 Late Charges $1,206.59 Legal fees $2,635.00 Cost of Suit and Title $1,713.50 Sheriffs Sale Costs $1,069.66 Property Inspections $173.50 Property Preservation $10,795.60 Appraisal/Brokers Price Opinion $850.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff VS. JEANNIE B. MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 19, 2008 was sent to the following individual on the date indicated below. JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 DATE: u b JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 h .n c mieg, LLP By: is ele M. Bra fo d, N quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P.SCHALK, ESQUIRE Attorney for Plaintiff Identification No.: 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Deutsche Bank National Trust Company as Court of Common Pleas Trustee under the Pooling and Servicing Civil Division Agreement Series ITF RAST 2006-A3 Plaintiff Cumberland County No.: 06-6376 Civil Term vs. Jeannie B. Mohmand Defendant Joshua Kesler Applicant PLAINTIFF'S RESPONSE TO APPLICATION BY JOSHUA KESLER PURSUANT TO PA. R.C.P. 3183(b)(2) AND 3183(d)(3) FOR RULE TO SHOW CAUSE COMES NOW, Plaintiff, Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series ITF RAST 2006-A3, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this its Response to the Application by Joshua Kesler pursuant to Pa. R.C.P. 3183(b)(2) and 3183(d)(3) for Rule to Show Cause, and in support thereof avers as follows: 1. Admitted in part. Denied in part. It is admitted that Joshua Kesler filed the instant Application. It is specifically denied that he has been granted intervener status in the filed foreclosure action before this Honorable Court. Mr. Kesler is neither the Plaintiff nor Defendant in the above-referenced action and therefore must be granted intervener status prior to being heard by this Court on this matter. 2. Admitted. 3. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict proof is demanded. Further, any purchase of the property would be subject to the recorded mortgage against the property located at 245 North 25th Street, Camp Hill, PA 17011 (hereinafter the "Property"). Plaintiff is the holder of the first mortgage lien against said property. Further, upon information and belief, Applicant purchased the Property for a mere fraction of its estimated value, in excess of $300,000.00, and hopes that this Honorable Court will gift him the property free and clear of the existing liens of record at the time of purchase. 4. Admitted. By way of further answer, the Property has been scheduled for Sheriff Sale on September 3, 2008. Denied. It is specifically denied that the mortgage holder is Lancaster Mortgage Bankers. By virtue of an Affidavit of Lost Assignment of Mortgage filed, accepted, and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543, Plaintiff is the current holder of the mortgage. A copy of the Affidavit of Lost Assignment of Mortgage is attached hereto, incorporated herein, and marked as Exhibit "A". 6. Denied. Plaintiff is the holder of the mortgage, which it purchased from Lancaster Mortgage Bankers prior to said entity going out of business. Due to factors beyond Plaintiff's control, the Assignment of Mortgage was never received from the defunct prior mortgage holder. As such, Plaintiff filed an Affidavit of Lost Assignment of Mortgage which has been accepted and recorded by the Recorder of Deeds for Cumberland County. Applicant should be estopped from contesting the validity of the recorded Affidavit of Lost Assignment of Mortgage. 7. Admitted. By way of further answer, the Affidavit of Lost Assignment of Mortgage was filed, accepted, and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543. 8. Admitted. The document speaks for itself. 9. Admitted. By way of further answer, the Assignment of Mortgage is unobtainable to due to the fact that the prior mortgage holder is no longer in business. Plaintiff has been unable to obtain a completed Assignment of Mortgage from Lancaster Mortgage Bankers. 10. Denied as a conclusion of law to which no response is necessary. To the extent that a response is necessary, Applicant is not a bona fide purchaser. Applicant purchased the property aware of the existing mortgage lien and the existing mortgage default. Pursuant to 42 Pa. C.S. §8141, the mortgage has lien priority from the date it was recorded over any subsequent purchaser. Further, when property which is subject to a mortgage is transferred without payment of the mortgage, the property in the hands of the transferee continues to be security for the performance of the obligation. Upon default, the mortgagee may seize and sell the property in the hands of the transferee. Bank of PA vs. G/N Enterprises, Inc., 316 Pa.Super. 367, 463 A.2d 4 (1983). 11. Denied. It is specifically denied that Plaintiff lacked standing. By virtue of an Affidavit of Lost Assignment of Mortgage filed, accepted, and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543, Plaintiff is the current holder of the mortgage. Additionally, "The issue of incapacity to sue is waived unless it is specifically raised in the form of a preliminary objection or in the answer to the complaint." See Erie Indemnity Company v. Coal Operators Casualty Company, 441 Pa. 261, 265-66, 272 A.2d 465, 467 (1971), citing Maxson v. McElhinney, 370 Pa. 622, 624, 88 A.2d 747, 748 (1952); see also Huddleston v. Infertility Center of America, 1997 Pa. Super. Lexis 2650, **6-7, 700 A.2d 453, 457 (1997) citing Erie Indemnity Company supra. Applicant may not now raise the issue of standing given that he has not been granted intervener status, and any such claim is only now being made sixteen (16) months after the entry of judgment in the instant foreclosure action. 12. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, by virtue of an Affidavit of Lost Assignment of Mortgage filed, accepted, and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543, Plaintiff is the current holder of the mortgage and had standing to file the Complaint in Mortgage Foreclosure. 13. Admitted in part. Denied in part. It is admitted that Exhibit "A" of Applicant's Petition is not an Assignment of Mortgage. However, it is denied that the Affidavit of Lost Assignment of Mortgage does not carry the same effect. The Recorder of Deeds for Cumberland County accepted and recorded Plaintiff's Affidavit of Lost Assignment of Mortgage, therefore the Court should treat it as res judicata as to Applicant's claim for title of the Property. 14. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff has made efforts to obtain and file the Assignment of Mortgage for its predecessor, however due to the fact that the predecessor is out of business, Plaintiff has been unsuccessful in those attempts. Therefore, Plaintiff prepared and filed an Affidavit of Lost Assignment of Mortgage, which was accepted and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543. 15. Denied as stated. Plaintiff's Affidavit of Lost Assignment of Mortgage states that the "affiant hereby affirms that it has acquired the underlying Note and Mortgage and is the assignee by virtue of this affidavit." The Affidavit proceeds to reference the mortgage granted by the Defendant to Lancaster Mortgage Bankers in the amount of $292,000.00 against the Property. 16. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that any subsequent assignment of the mortgage would be deemed subsequent in priority to any deed delivered to Applicant. When property which is subject to a mortgage is transferred without payment of the mortgage, the property in the hands of the transferee continues to be security for the performance of the obligation. Upon default, the mortgagee may seize and sell the property in the hands of the transferee. Bank of PA vs. G/N Enterprises, Inc., 316 Pa.Super. 367, 463 A.2d 4 (1983). Applicant purchased the Property subject to the mortgage lien and said mortgage may be transferred without an effect upon its priority. 17. Denied as a conclusion of law to which no response is necessary. "The issue of incapacity to sue is waived unless it is specifically raised in the form of a preliminary objection or in the answer to the complaint." See Erie Indemnity Company v. Coal Operators Casualty Company, 441 Pa. 261, 265-66, 272 A.2d 465, 467 (1971), citing Maxson v. McElhinny, 370 Pa. 622, 624, 88 A.2d 747, 748 (1952); see also Huddleston v. Infertility Center of America, 1997 Pa. Super. Lexis 2650, **6-7, 700 A.2d 453, 457 (1997) citing Erie Indemnity Company supra. Applicant may not now raise the issue of standing given that he has not been granted intervener status, and any such claim is only now being made after sixteen (16) months after the entry of judgment in the instant foreclosure action. Further, Applicant purchased the Property subject to the recorded mortgage lien. 18. Denied as a conclusion of law to which no response is necessary. "The issue of incapacity to sue is waived unless it is specifically raised in the form of a preliminary objection or in the answer to the complaint." See Erie Indemnity Company v. Coal Operators Casualty Company, 441 Pa. 261, 265-66, 272 A.2d 465, 467 (1971), citing Maxson v. McElhinny, 370 Pa. 622, 624, 88 A.2d 747, 748 (1952); see also Huddleston v. Infertility Center of America, 1997 Pa. Super. Lexis 2650, **6-7, 700 A.2d 453, 457 (1997) citing Erie Indemnity Company supra. Applicant may not now raise the issue of standing given that he has not been granted intervener status, and any such claim is only now being made sixteen (16) months after the entry of judgment in the instant foreclosure action. Further, Plaintiff is the holder of the underlying mortgage and note executed by the Defendant. To date, Plaintiff has been unable to file an Assignment of Mortgage due to its predecessor-in-interest's business failure. Therefore, Plaintiff prepared and filed an Affidavit of Lost Assignment of Mortgage, which was accepted and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543. The Affidavit should be granted res judicata effect by virtue of its recording with the Recorder of Deeds. Regardless, Applicant was placed upon notice prior to the purchase of the Property of the mortgage lien and subsequent acquisition of said mortgage by Plaintiff. Therefore, Applicant should be estopped from raising any bona fide purchaser argument with respect to this Property. 19. Denied as a conclusion of law to which no response is necessary. Plaintiff is the holder of the underlying mortgage and note executed by the Defendant. To date, Plaintiff has been unable to file an Assignment of Mortgage due to its predecessor-in-interest's business failure. Therefore, Plaintiff prepared and filed an Affidavit of Lost Assignment of Mortgage, which was accepted and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543. The Affidavit should be granted res judicata effect by virtue of its recording with the Recorder of Deeds. Regardless, Applicant was placed upon notice prior to the purchase of the Property of the mortgage lien and subsequent acquisition of said mortgage by Plaintiff. 20. Denied as a conclusion of law to which no response is necessary. Plaintiff is the holder of the underlying mortgage and note executed by the Defendant. To date, Plaintiff has been unable to file an Assignment of Mortgage due to its predecessor-in-interest's business failure. Therefore, Plaintiff prepared and filed an Affidavit of Lost Assignment of Mortgage, which was accepted and recorded with the Recorder of Deeds for Cumberland County on July 5, 2007 at Book No. 0738, Page No. 1543. The Affidavit should be granted res judicata effect by virtue of its recording with the Recorder of Deeds. Regardless, Applicant was placed upon notice prior to the purchase of the Property of the mortgage lien and subsequent acquisition of said mortgage by Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Honorable Court deny the Application by Joshua Kesler pursuant to Pa. R.C.P. 3183(b)(2) and 3183(d)(3) for Rule to Show Cause Respectfully submitted: PHELAN HALLINAN & SCHMIEG, LLP av Pljchalk, E'sc v for Plaintiff EXHIBIT "A" After recording return to: Phelan Hallinan & Schmieg, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste. 1400 Philadelphia, PA 19103-1814 kQ 'b o() - PO'BERT ?. ZI€GLER sEOORDErR QF DEEDS d'.; , f=E'P,1_AAD COWITY-I JUL 5 FIR 10 98 Servicer: IndyMac Bank, FSB #3001578206 AFFIDAVIT OF LOST ASSIGNMENT OF MORTGAGE Date: 6112/2007 Based upon a diligent search of the property records, it appears the Assignment of Mortgage from Lancaster Mortgage Bankers, whose last known address was in 20 Independence Blvd., Warren, NJ 07059, to Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series ITF RAST 2006-A3 (Assignee) was never recorded and inadvertently not completed and is now unobtainable. The affiant hereby affirms that it has acquired the underlying Note and Mortgage and is the assignee by virtue of this affidavit. Said Mortgage dated 10/26/05, recorded in the county of Cumberland, state of Pennsylvania is more particularly describes as follows: Original Mortgagor (s): Jeannie B Mohmand Original Mortgagee: Lancaster Mortgage Bankers Original Principal Amount: 292,000.00 Recorded: 1111105 Book: 1929 Page: 916 Property Address: 245 N 25th Street, Camp Hill, PA 17011 Tax Parcel No: 01-21-0271-050 Legal description attached or refer to Mortgage herein assigned for legal By: 764;W r,Asoia t Vice State of TEXAS } SS County of: WILLIAMSON On, Jute 170-00-7 before me the subscriber, personally appeared Paige Holen, Vice President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity uPw behalf of which the person(s) acted, executed the instrument. „ A . n-/ WITNESS my hand and official seal SeallRRRRORk+lOtr Yfr ?A!lRRR!#!!!RlRR!!4 ( ) PUBLIC ???ar Pis CY Notiary Pub is The precise address of the STATE OF 'EXAS .: within named Assignee is: 'q. My Com: sion 3001578206 460 Sierra Madre Villa Ave "t Neville Cooper Expires 03121/2008 Pasaden CA 911 vvev?sV+raaaauso?sa!soap?sosso?+wa+?e• By: (On behalf o e assignee) Land Services of PA 400 Fellowship Road, Suite 250 Mt Laurel, NJ 08054 (856) 793-3200 Fax (856) 793-3201 RECORD OWNER AND LIEN CERTIFICATE Issue Date: 10/25/2006 Effective Date: 10/12/2006 RD 10/ 1212006 PRO 10/12/2006 RW Order Number: LTS23112/PA57382 Servicer: INDYMAC BANK Client Number: 143007 Premises: 245 North 25th Street, Camp Hill, PA 17011 Borough of Camp Hill, Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter 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 omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St:. Jobb's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: LTS23112/PA57382 Servicer: INDYMAC BANK Client Number: 143007 BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots Laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. BEING the same premises which R. Thomas Kline, the Sheriff of Cumberland County, by deed dated May 24; 2005 and recorded on May 25, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 269, Page 40, granted and conveyed unto Community Banks, Grantor herein. PARCEL IDENTIFICATION NO: 01-21-0271-050 Certi iyth i s LC. ' r In Curn;e,Inc C-."unfY P ? ems. A 14 of Deeds -O738PG-154.5 r e? VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Response to the Application by Joshua Kesler pursuant to Pa. R.C.P. 3183(b)(2) and 3183(d)(3) for Rule to Show Cause are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP BY: Date: 5 -7106 PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No.: 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series ITF RAST 2006-A3 Plaintiff VS. Jeannie B. Mohmand Joshua Kesler Defendant Applicant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 06-6376 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Response to the Application by Joshua Kesler pursuant to Pa. R.C.P. 3183(b)(2) and 3183(d)(3) for Rule to Show Cause, and attached exhibits were served by regular mail on the date listed below on the following: Jeffrey Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 DATE: J Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055-6704 Pchalk, Esquire .v or Plaintiff C'? °cs? t': ? ?? ,,r c Wis. ?- -- tp ,?e', ? °? ? ?? ?" 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff vs. JEANNIE B. MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, by and through its attorney, Michele M. Bradford, Esquire, 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. A Motion to Reassess Damages was filed with the Court on April 18, 2008. 3. A Rule was entered by the Court on or about April 22, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 29, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 19, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: re n i S ieg, LLP By: hele M. ra ford, E quire Attorney for Plaintiff 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff vs. JEANNIE B. MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 18, 2008. A Rule was entered by the Court on or about April 22, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 29, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 19, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. h 1 S i g, LLP DATE: By: Mi hele M. Bradford, Esq i e Attorney for Plaintiff Exhibit "A" APR 81 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff vs. JEANNIE B. MOHMAND Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM a RULE 22n il- AND NOW, this day oA f ?? 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 20 Ao-ys oS e 1R se rV i c c BY THE URT s J. Exhibit "B" F, 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 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUS,,T ikl COMPANY AS TRUSTEE UNDER;T? POOLING AND SERVICING AG1 F1FINT SERIES ITF RAST 2006-A3 Plaint' vs. Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM JEANNIE B. MOHMAND Defendant CERTj)hCATION OF SERVICE I hereby certify that,64 correct copy of our Motion to Reassess Damages noting a Rule Return date of May 19, 2008 was sent to the following individual on the date indicated below. JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 . t J DATE: AW, d b°° ? , ? i By: JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 nel n Rdd, mieg, LLP ra f o Vquire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. (Ye S ieg, LL' DATE: By: el M. ra for , E uire Attorney for Plaintiff 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff vs. JEANNIE B. MOHMAND Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-6376 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JEANNIE B. MOHMAND 4020 LISBURN ROAD MECHANICSBURG, PA 17055 JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 chmieg, LLP DATE: By: rPh Melehrad?' r ,Es quire Attorney for Plaintiff ft 22??' y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Civil Division SERIES ITF RAST 2006-A3 Plaintiff CUMBERLAND County vs. JEANNIE B. MOHMAND Defendant No. 06-6376 CIVIL TERM ORDER AND NOW, this Z3 - day of *- , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $290,863.42 Interest Through September 3, 2008 $56,122.81 Per Diem $65.74 Late Charges $1,206.59 Legal fees $2,635.00 Cost of Suit and Title $1,713.50 Sheriffs Sale Costs $1,069.66 Property Inspections $173.50 Property P Appraisal/ Mortgage Private M( Non Suffix Suspense/. Escrow D is interest from )te: The above ure. chele M. Bradfoi elan Hallinan & 17 JFK Boulevar iladelphia, PA I? ,L: (215) 563-7a ,X: (215) 563-3, chele.bradford(ci ANNIE B. MO1 20 LISBURN R EC1 ANICSBU ;L: (717) 796-1 Alk" :W n gee 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 20, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 vs. JEANNIE B. MOHMAND CUMBERLAND County CCP, No. 06-6376 CIVIL TERM Dear Sir/Madam: Enclosed please find a Motion to Make Rule Absolute, Brief in Support thereof, and Certification of Service with regard to the above referenced action. Please file same with the Court and return the time-stamped in the enclosed self-addressed envelope. If you have any questions, please do not hesitate to contact me. Mheler y M. B d Vrsquire Enclosure cc: JEANNIE B. MOHMAND DEUTSCHE BANK NATIONAL : TRUST COMPANY as TRUSTEES : UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, Plaintiff VS. JEANNIE B. MOHMAND, Defendant JOSHUA KESLER, Applicant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6376 CIVIL ORDER AND NOW, this /9' day of June, 2008, a hearing on the issue of the assignment of the mortgage in this case is set for Friday, August 15, 2008, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /1 1-41 Hess, J. Joseph Schalk, Esquire For the Plaintiff ./Jeffrey Yoffe, Esquire For the Applicant AJeannie B. Mohmand Defendant rlm (20P(•e' m'aL LL 4118168 VllNfVii -I&SNN d Z :1 i Ala 9 1 Nn 8002 3U JO PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 (717) 234-1549 Fax No. joseph.schalkna fLedphe.com Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series ITF RAST 2006-A3 Plaintiff VS. Jeannie B. Mohmand Joshua Kesler Defendant Applicant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 06-6376 Civil Term PRAECIPE TO STAY WRIT OF EXECUTION AND CANCEL HEARING SCHEDULED FOR AUGUST 15, 2008 TO THE PROTHONOTARY: Plaintiff has voluntarily stayed without prejudice its Writ of Execution in the above- referenced foreclosure action and is not proceeding with the Sheriff Sale previously scheduled for September 3, 2008. A copy of the Letter to the Sheriff of Cumberland County staying the Sheriff Sale is attached hereto as Exhibit "A". Plaintiff requests that the hearing on Applicant's Petition to Stay the Writ of Execution scheduled for August 15, 2008 be cancelled as the requested relief has been granted by virtue of Plaintiff staying its Writ of Execution. PHELAN HALLINAN & SCHMIEG, LLP -?? Ijk/ DATE: nF? BY: Jose P. chalk, Esquire Atto ey for Plaintiff EXHIBIT "A" Phelan Hallinan & Schmieg, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-7009 Foreclosure Manager July 16, 2008 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Real Estate Department Fax Number: 717-240-6397 Representing Lenders in Pennsylvania and New Jersey Re: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 V. JEANNIE MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 Court No. 06-6376 CIVIL TERM Dear Sir/Madam: Please STAY the Sheriff's Sale of the above referenced property, which is scheduled for September 3, 2008 due to the following: OTHER. Please be advised that no funds were reported to be received. You are hereby directed to immediate discontinue the advertising of the sale and processing or posting of the Notice of Sale. Please return the original Writ of Execution to the Prothonotary as soon as possible.. Thank you for your correspondence in this matters. Very Truly Yours, MICHELLE GRAGO for Phelan Hallinan & Schmieg, LLP PHS # 143007 r PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Attorney for Plaintiff Identification No.: 91656 107 N. Front `Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Deutsche Bank National Trust Company as Court of Common Pleas Trustee under the Pooling and Servicing Civil Division Agreement Series ITF RAST 2006-A3 Plaintiff Cumberland County No.: 06-6376 Civil Term VS. Jeannie B. Mohmand Defendant Joshua Kesler Applicant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to Stay Writ of Execution and Cancel Hearing Scheduled for August 15, 2008, and attached exhibits were served by regular mail on the date listed below on the following: Jeffrey Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 DATE: S1 y 1 "'6 Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055-6704 P.\Schalk, Esquire ?v for Plaintiff -? na -i ? cil Deutsche Bank National Trust Co. et al VS Jeannie B. Mohmand In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6376 Civil Term 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. Sheriffs Costs: Docketing Poundage Advertising Levy Prothonotary Mileage Share of Bills Law Journal Surcharge So Answers: R. Thomas Kline, Sheriff BY I' Real Estate ergeant 30.00 9.19 15.00 15.00 2.00 5.00 17.64 355.00 20.00 $ 468.83 ? e /, 8/0 r ?? ?70 a. C* 6s 371 PLI ,213.2 yd r DEUTSCHE BANK NATIONAL TRUST COMPAWkS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 V. Plaintiff, JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.06-636?fr (o3'14 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3, 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 ,245 NORTH 25TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 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) Lancaster Mortgage Bankers, 20 Independence Blvd., Warren, NJ 07059 a Limited Liability Company 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 f 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 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 245 NORTH 25TH STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 authoritie. tLi > 0 P - Ayril 2, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 Plaintiff, V. JEANNIE B. MOHMAND Defendant(s). CUMBERLAND COUNTY No. 06-63676 (o3'Yto April 2, 2008 TO: JEANNIE B. MOHMAND 245 NORTH 25TH STREET CAMP HILL, PA 17011 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 245 NORTH 25TH STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $308,691.96 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2006-A3 (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 lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "B" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty- Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand, by Deed from Community Banks, dated 10/12/2005, recorded 11/01/2005, in Deed Book 271, page 3558. PREMISES BEING: 245 NORTH 25TH STREET, CAMP HILL, PA 17011 PARCEL NO. 01-21-0271-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6376 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF BAST 2006-A3, Plaintiff (s) From JEANNIE B. 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 $308,691.96 L.L. Interest from 12/27/06 to 9/03/08 (per diem - $50.74) - $31,306.58 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,323.16 Other Costs $5,230.50 Plaintiff Paid Date: 4/04/08 Prothonot (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 Deputy Real Estate Sale #67 On June 03, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 245 North 25th Street, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 03, 2008 By: , Real Estate Sergeant L 0 -11 `d 01 8dd 9001 A3WNS ]HI IM .j O 3fU PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, 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. isA Marie SWCdRN'TO AND SUBSCRIBED before me this 18 day of July, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL MOTATE SALE NO. 67 Writ No. 2006-6376 Civil Deutsche Bank National Trust Company as Trustee under the pooling and servicing agreement Series ITF RAST 2006-A3 VS. Jeannie B. Mohmand Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the inter- section of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a dis- tance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the rafter mentioned Plan of Lots, a jjftlial e of one hundred forty (140) Sleet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two- story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No 1, Page 5. BEING the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand, by Deed from Community Banks, dated 10/ 12 / 2005, recorded 11 / 01 / 2005, in Deed Book 271, page 3558. PREMISES BEING: 245 NORTH 25TH STREET, CAMP HILL, PA 17011.