(Filed in Bucks County PA)

1. The Foreclosure action, filed September 18, 2013, was brought to this Court by Jeffrey Trauger, Esq. of Grim, Beihn & Thatcher while it neglected to include or provide ANY supporting ‘mortgage documents’ which are necessary to demonstrate the proper and lawful standing of the Plaintiff to bring foreclosure litigation to the Court.

2. Defendant’s Response, filed October 10, 2013, raised the issue of the Plaintiff’s failure to present the mortgage or note, challenging the Plaintiff’s standing to bring the foreclosure action.

3. Plaintiff has failed to respond to requests for documentation.

4. In November 2013, Defendant met with Joe Sedlock and Kevin Cornwall at First Savings Bank. The paperwork was not provided.

5. Joe Sedlock and Kevin Cornwall indicated that the paperwork was not available.

6. On January 7, 2014, Defendant again met with Joe Sedlock and Kevin Cornwall at First Savings Bank. No paperwork was provided.

7. Defendant was provided a letter from Kelly Eberle of Grim, Beihn & Thatcher indicating “all related loan documents” had been sold or transferred to KMTM (sic) Newbury, LP.

8. A letter from Kevin R. Cornwall, Executive Vice President, First Savings Bank of Perkasie dated February 12, 2014 to Dana L. Price, an agent in the Office of the Attorney General (Pennsylvania) indicates
“On December 13, 2013 the bank sold that note and mortgage, along with all other documents evidencing the Debt to a note buyer.” –

9. As such, those documents and related transaction histories are no longer available to or in the possession of First Savings Bank of Perkasie.

10. As indicated in the letters from First Savings Bank of Perkasie, AND Grim, Biehn & Thatcher, the documents have been assigned sold and transferred to KTMT Newbury, LTD.

11. Defendant believes the request to provide the loan document(s) alleged to support the plaintff’s motion is reasonable and timely and directly affect the matter before this Honorable Court.

WHEREAS, the Defendant respectfully requests this Honorable Court to IMMEDIATELY REQUIRE the attorney for the Plaintiff, Nicole Plank, Esquire, to present

– the ‘Mortgage Note, Mortgage and all related loan documents” which demonstrate the existence of a loan and necessary to obtain any judgment, or default judgment;

– the related disbursement / payment transaction history and all other documentation which has been provided by First Savings Bank to KTMT Newbury as part of the ASSIGNMENT OF MORTGAGE.


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