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HomeMy WebLinkAbout07-0693PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 148063 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148063 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 (SEE ATTACHED ESPANOL AVISO) File #: 148063 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 File #: 148063 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 4: 148063 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/30/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1939, Page: 4681. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa. R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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 #: 148063 6. The following amounts are due on the mortgage: Principal Balance $87,808.52 Interest $5,350.50 06/01/2006 through 02/01/2007 (Per Diem $21.75) Attorney's Fees $1,250.00 Cumulative Late Charges $35.64 01/30/2006 to 02/01/2007 Cost of Suit and Title Search $550.00 Subtotal $94,994.66 Escrow Credit $0.00 Deficit $431.47 Subtotal 431.47 TOTAL $95,426.13 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 148063 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $95,426.13, together with interest from 02/01/2007 at the rate of $21.75 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148063 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southerly line of Market Street which point is seventy- four (74) feet West of the Southwesterly corner of Fifth and Market Streets; thence South forty (40) degrees West one hundred fifty (150) feet to a point on the Northerly line of a fifteen (15) feet wide ordained alley; thence along same, North fifty (50) degrees West twenty-five (25) feet to a point; thence North forty (40) degrees East one hundred fifty (150) feet to a point on the Southerly line of Market Street aforesaid; thence along same South fifty (50) degrees East twenty-five (25) feet to a point the place of BEGINNING. HAVING THEREON erected a one story frame dwelling known as No. 508 Market Street. BEING THE SAME PREMISES WHICH Willard Robert Ott and Lois L. Ott, his wife, by their Deed dated January 30, 2006, and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland, County, Pennsylvania, granted and conveyed unto Ronald L. Woods, Sr., Mortgagor herein. File #: 148063 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: '.9-// D ? 0 J.? R..t 9 P`-J 0 TI --e ?i +'3 ?t PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 NO. 07-693 CIVIL TERM 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 RONALD L. WOODS, SR., 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 Interest from 2/2/07 to 6/1/07 TOTAL $95,426.13 $2,610.00 $98,036.13 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: s-a 66 7 R PROTHY 148063 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. RONALD L. WOODS, SR. Defendant(s). NO. 07-693 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on Ju._s 2007. By: 40. If you have any questions concerning this matter, please contact: 2fl0M_.t1V9. L4??t 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." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 : CIVIL DIVISION Plaintiff Vs. RONALD L. WOODS, SR. Defendants CUMBERLAND COUNTY NO. 07-693-CIVIL TERM TO: RONALD L. WOODS, SR. 508 NEW CUMBERLAND, PA 17070 FILE COPY DATE OF NOTICE: MARCH 2, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 07-693 CIVIL TERM V. RONALD L. WOODS, SR. Defendant(s). 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 RONALD L. WOODS, SR. is over 18 years of age and resides at, 508 MARKET STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. H DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V r C U «L p CY -71 { ra r? r x3? 0"11 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 Plaintiff, No. 07-693 CIVIL TERM V. RONALD L. WOODS, SR. Defendant(s). TO THE. DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $98,036.13 Interest from 6/1/07 to SEPTEMBER 5, 2007 $1,547.52 and Costs (per diem -$16.12) Add'1 Costs TOTAL $1,803.50 $101,387.15 k d A". -) DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148063 0 c- 0 r d a A d U Z W? HEN o w o '? ?a Nw dw oz z?a?o ?,, ? Z, tx U c°s O O ?' d d O ? V Z, W ?? A4tn rfj ., 4 p tn A 0 a A O H Lv W ? w o? w w° W? W a 4 A-1 ?+ V M 3 ?y? ?? tis Y `?T/?i V M .? r V J te r ,., ? ? q .J a IA R Y ?? V J V 'R + ? CY ? W W G `a H o V C" i IlliYr V V T ? R a u a? d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-693 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, Plaintiff (s) From RONALD L. WOODS, SR. (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 $98,036.13 L.L. $.50 Interest FROM 6/01/07 TO 9/5/07 (PER DIEM - $16.12) - $1,547.52 AND COSTS Atty's Comm % Atty Paid $200.88 Plaintiff Paid Due Prothy $2.00 Other Costs $1,803.50 Date: JUNE 5, 2007 (Seal) REQUESTING PARTY: / , 0, , ?'- ? "00'~ urt R. Long, Prothonotary Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 Plaintiff, V. RONALD L. WOODS, SR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-693 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 k This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff r-a C ?"" i? -21 t DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION RONALD L. WOODS, SR. NO. 07-693 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, 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 ,508 MARKET STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 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) CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ADULT PROBATION CARLISLE, PA 17013 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) NEW CENTURY MORTGAGE CORP. 18400 VON KARMAN, STE. 1000 IRVINE, CA 92612 It 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 508 MARKET STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. June 1, 2007 AIM DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 CD iT..- rn - , 7- ,-, CD DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 Plaintiff, V. RONALD L. WOODS, SR. Defendant(s). CUMBERLAND COUNTY No. 07-693 CIVIL TERM June 1, 2007 TO: RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 "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, 508 MARKET STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,036.13 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Market Street which point is seventy-four (74) feet West of the southwesterly corner of Fifth and Market Streets; thence South forty (40) degrees West one hundred fifty (150) feet to a point on the northerly line of a fifteen (15) feet wide ordained alley; thence along same, North fifty (50) degrees West twenty- five (25) feet to a point; thence North forty (40) degrees East one hundred fifty (150) feet to a point on the southerly line of Market Street aforesaid; thence along same South fifty (50) degrees East twenty-five (25) feet to a point, the place of BEGINNING. HAVING THEREON erected a one-story frame dwelling known as No. 508 Market Street. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Woods, Sr., a married person, by Deed from William I. Obert Ott, a widower, dated 01/30/2006, recorded 02/09/2006, in Deed Book 273, page 560. PARCEL NO. 25-24-0813-002 PREMISES BEING: 508 MARKET STREET, NEW CUMBERLAND, PA 17070 cl flli= cI r3 N J i ri _r .. SHERIFF'S RETURN - REGULAR GASE NO: 2007-00693 P t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS WOODS RONALD L SR GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOODS RONALD L SR the DEFENDANT , at 1835:00 HOURS, on the 9th day of February , 2007 at 508 MARKET STREET NEW CUMBERLAND, PA 17070 by handing to RONALD L WOODS JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.96 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.96 02/12/2007 oq PHELAN HALLINAN SCHMIEG x t6' Sworn and Subscibed to 60 By: before me this day Deputy She ff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00693 P Y COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS WOODS RONALD L SR at 400 6TH STREET GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOODS RONALD L SR the DEFENDANT , at 1835:00 HOURS, on the 9th day of February-, 2007 NEW CUMBERLAND, PA 17070 RONALD L WOODS SR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of By. day Deputy She 'ff A. D. So Answers: 6.00 14.96 00 r..? 10.00 R. Thomas Kline .00 30.96 02/12/2007 5DI PHELAN HALLINAN SCHMIEG Add SHERIFF'S RETURN - REGULAR CASE NO: 2007-00693 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS WOODS RONALD L SR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOODS RONALD L SR the DEFENDANT , at 1845:00 HOURS, on the 9th day of February , 2007 at 400 6TH STREET NEW CUMBERLAND, PA 17070 by handing to RONALD L WOODS SR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: So Answers: Docketing 6.00 Service 14.96,y,,?? . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 3I67/o7 30.96 02/22/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sh iff of A.D. AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 DEFENDANT(S) RONALD L. WOODS, SR. SERVE: RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 07-693 CIVIL TERM ACCT. #148063 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 I ? 1 SERVED ?t ' ` 60?S ,SYDefendant, on the day of 1A L , 200-1, Served and made known to ' f at ; 341, o'clock .m., at '5O? rl I gYW,0j S1, y&A) ` t -,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is w i Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place. of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Q5 Height " Weight B Q Race V\1 Sex Other I, KD1?1'?t-D &A0 , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before e is _ da of J , 200 Notary: N V FRANKS My MISSION EXPIRE3'?y PLEAS A ICE AT LCAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: 6 / It / 01 Time: /0 :54 3vr -7 P" 3rd Attempt: / aS / Ol Time: Sworn to and subscribed before me this day of , 200_ Notary: Vacant 7 Time: 3 2°d Attempt: / 1'5/_C) Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 4 q W Cta ?r''. ? cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS INC. TRUST 2006-HE3 Plaintiff CIVIL DIVISION V. NO. 07-693 CIVIL TERM RONALD L. WOODS, SR. Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 508 MARKET STREET, NEW C'I TMRRRLAND, PA 17070. As required by Pa. R.C.P. 3129.2(x) 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff Date: hily 11, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahcence of a represen ative 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. 148063 60 w 1 3003arz woad Q3'llv" cooz 9o Nnr o 1. o mpooo oog•zo $ M zo . S?MOy A3WY ?.? ? • c 6l JA?? ; w I g uz o cn d M 7a a ?, o `3aGa z o. a Mf V L ? 'eS A ? G ze0 W 0 a °z 0 V. w ao O O Q a E Z L d a x 3 n h N 0 Ct1 aO. a 0 a w D z a O 0 U cn 0 o U a ? a ? a w z ? o z i w a E' a F c h ? C O ; ?f rn g U arG U w z n a o? ?N w? A 8 da I o? pl. xxz ?? zFvO?"i ?O w A N o ?OVZzyo?AW OP a 0 o1w ?r??a +INI,IdI-I"D It- I 1.x=1 N Y .a 8 u V h ? O W Q+ ? ?M$y0 ??5575 0 C ep to U ? 0 LLd w,'?woo o ## i v 11 00 4?-n- 42H 0 ? d C .. rn ? 7 t 13 CD = w COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Morgan Stanley ABS Capital I Inc Trust 2006-HE3 Tr is the grantee the same having been sold to said grantee on the 3rd day of Oct A.D., 2007, under and by virtue of a writ Execution issued on the 5ht day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 693, at the suit of Morgan Stanley ABS CApital I Inc Trust 2006-HE3 Tr against Ronald L Woods Sr is duly recorded as Instrument Number 200739578. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this i& day of Gp? , A.D. a " of Deeds pman* Deft* C" WC X4.Cad*.PA IMW41Y of Jan. 2010 Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for Morgan Stanley ABS Capital I Inc. Cumberland County, Pennsylvania Trust 2006-HE3 Writ No. 2007-693 Civil Term VS Ronald L. Woods, Sr. Megan Gilbride, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2007 at 1824 hours, she 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: Ronald L. Woods, Sr. by making known unto Tammy Woods, adult daughter-in-law of Ronald L. Woods, Sr., at 508 Market Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1301 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 Ronald L. Woods, Sr. located at 508 Market Street, New Cumberland, 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: Ronald L. Woods, Sr., by regular mail to his last known address of 508 Market Street, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 3, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc., Trust 2006-HE3. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc., Trust 2006-HE3, of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $977.37. Sheriff s Costs: Docketing $30.00 Poundage 18.77 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 32.64 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 314.27 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 40.50 $ 977.37 So_ s ? s: R. Thomas Kline, Sheriff BYa Real Estate rgeant '/q, 1011 -I/QI. 0 WIh ` 47' v a.s Ck. 46183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION RONALD L. WOODS, SR. NO. 07-693 CIVIL TERM Defendant(s). .? i AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, 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 ,508 MARKET STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 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) CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ADULT PROBATION CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name NEW CENTURY MORTGAGE CORP. Last Known Address (if address cannot be reasonably ascertained, please indicate) 18400 VON KARMAN, STE. 1000 IRVINE, CA 92612 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 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 508 MARKET STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. June 1, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ti /? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 Plaintiff, V. RONALD L. WOODS, SR. Defendant(s). CUMBERLAND COUNTY No. 07-693 CIVIL TERM June 1, 2007 TO: RONALD L. WOODS, SR. 508 MARKET STREET NEW CUMBERLAND, PA 17070 * *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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 508 MARKET STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,036.13 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3 (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. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563=7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Market Street which point is seventy-four (74) feet West of the southwesterly corner of Fifth and Market Streets; thence South forty (40) degrees West one hundred fifty (150) feet to a point on the northerly line of a fifteen (15) feet wide ordained alley; thence along same, North fifty (50) degrees West twenty- five (25) feet to a point; thence North forty (40) degrees East one hundred fifty (150) feet to a point on the southerly line of Market Street aforesaid; thence along same South fifty (50) degrees East twenty-five (25) feet to a point, the place of BEGINNING. HAVING THEREON erected a one-story frame dwelling known as No. 508 Market Street. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Woods, Sr., a married person, by Deed from William I. Obert Ott, a widower, dated 01/30/2006, recorded 02/09/2006, in Deed Book 273, page 560. PARCEL NO. 25-24-0813-002 PREMISES BEING: 508 MARKET STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-693 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, Plaintiff (s) From RONALD L. WOODS, SR. (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 $98,036.13 L.L. $.50 Interest FROM 6/01/07 TO 9/5/07 (PER DIEM - $16.12) - $1,547.52 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $200.88 Other Costs $1,803.50 Plaintiff Paid Date: JUNE 5, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Real Estate Sale # 47 On June 11, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 508 Market Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 11, 2007 By: Real Estate Sergeant 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 July and the 1st day(s) of August 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 #47 Sworn to and subscribed be IA D. Notarial Seal Terry L Russell, W-WY Public (* Of Haft' e June 6 2010 KM Commla*n r emb r. enMVwaMR Astociation of Notafti; NO ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 1. ?• Y?;L,_ t h, , ,_ t ?? '? ?,.: '1. Ji w ., 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: July 20, July 27, and August 3, 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. r Marie SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary C-a NOTARIAL SEAL DEBORAH A COLONS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 2a, 2010 IHAL i4AIM ULS NO. 47 Writ No. 2007-693 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE3 vs. Ronald L. Woods, Sr. Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land, with the buildings and im- provements thereon erected, situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Market Street which point is seventy-four (74) feet West of the southwesterly corner of Fifth and Market Streets; thence South forty (40) degrees West one hundred fifty (150) feet to a point on the northerly line of a fifteen (15) feet wide ordained alley; thence along same, North fifty (50) degrees West twenty-five (25) feet to a point; thence North forty (40) degrees East one hundred fifty (150) feet to a point on the southerly line of Market Street aforesaid; thence along same South fifty (50) degrees East twenty-five (25) feet to a point, the place of BEGINNING. HAVING THEREON erected a one- story frame dwelling known as No. 508 Market Street. TITLE TO SAID PREMISES IS VESTED IN Ronald L. Woods, Sr., a married person, by Deed from Wil- liam 1. Obert Ott, a widower, dated 01/30/2006, recorded 02/09/2006, in Deed Book 273, page 560. PARCEL NO. 25-24-0813-002. PREMISES BEING: 508 MARKET STREET, NEW CUMBERLAND, PA 17070.