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HomeMy WebLinkAbout07-1181PHELAN 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 PHILADELPHIA, PA 19103 (215) 563-7000 149976 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 - / IPI OjU -t C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149976 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 #: 149976 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 #: 149976 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 #: 149976 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1946, Page: 3279. 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. File #: 149976 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 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. The following amounts are due on the mortgage: Principal Balance $134,500.84 Interest $4,154.16 10/01/2006 through 03/01/2007 (Per Diem $27.33) Attorney's Fees $1,250.00 Cumulative Late Charges $187.84 03/31/2006 to 03/01/2007 Cost of Suit and Title Search $550.00 Subtotal $140,642.84 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $140,642.84 7. 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. File #: 149976 8. 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. 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. File #: 149976 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 $140,642.84, together with interest from 03/01/2007 at the rate of $27.33 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 #: 149976 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Elmwood Avenue, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Elmwood Avenue (sixty (60) feet wide), at the corner of Lot No. 5 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 5, South 24 degrees Ease, one hundred forty (140) feet to a point; thence along land of Jimmy R. Hamilton and Mary F. Hamilton, his wife, South 66 degrees West, one hundred (100) feet to a point at the corner of Lot No. 7 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 7, North 24 degrees West, one hundred forty (140) feet to a point in the southern line of Elmwood Avenue; thence along the southern line of Elmwood Avenue, North 66 degrees, one hundred (100) feet to a point at the corner of Lot No. 5, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Plan of Lots known as 'Miller Acres' as amended, and recorded in the Recorder's Office in and for Cumberland County in Plan Book 17, Page 84. Now improved by a dwelling house numbered 403 West Elmwood Avenue. BEING THE SAME PREMISES WHICH Jim R. Hamilton and Mary F. Hamilton, his wife, by their Deed dated June 24, 1971, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on June 25, 1971, in Deed Book D, Volume 24, Page 631, granted and conveyed unto Leonard A. Reid and Clara K. Reid, his wife. ALSO BEING THE SAME PREMISES WHICH Clara K. Reid, Widow, by her Deed dated March 31, 2006, and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Jerry S. Wills and Holly R. Wills, husband and wife, Mortgagors herein. File #: 149976 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: -) ^ 1 , ®-1 fiQ1 iQ ? fn ro "? =77 {. c D 1 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 LOAN TRUST 2006-HE4 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1181 CIVIL TERM V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 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 JERRY S. WILLS A/K/A JERRY S. WILLS, JR. and HOLLY R. WILLS A/K/A HOLLY A. REID, 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 3/2/07 to 4/17/07 TOTAL $140,642.84 $1,284.51 $141,927.35 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. AC DANIEL G. SCHMIEG, 'ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1q( ?t.60 PRO ROTHY 149976 (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 STANLEY LOAN TRUST 2006-HE4 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1181 CIVIL TERM V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 19 2007. 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." 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 LOAN TRUT 2006-HE4 : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/KIA HOLLY A. REID Defendants : NO. 07-1181-CIVIL TERM ?,y TO: JERRY S. WILLS A/K/A JERRY S. WILLS, JR. RLE ? 'T 403 WEST ELMWOOD AVENUE MECIIANICSBURG, PA 17055 DATE OF NOTICE: APRIL 4, 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, 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 LOAN TRUT 2006-HE4 : CIVIL DIVISION Plaintiff Vs. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendants : CUMBERLAND COUNTY NO. 07-1181-CIVIL TERM TO: HOLLY R. WILLS A/K/A HOLLY A. REID 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 DATE OF NOTICE: APRIL 4.2007 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff, V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1181 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 JERRY S. WILLS A/K/A JERRY S. WILLS, JR. is over 18 years of age and resides at, 403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055. (c) that defendant HOLLY R. WILLS A/K/A HOLLY A. REID is over 18 years of age, and resides at, 403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff P C-) r. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff, V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). No. 07-1181 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,927.35 Interest from 4/17/07 to SEPTEMBER 5, 2007 $3,289.53 (per diem -$23.33) Add' I cost $2,083.50 TOTAL $147,300.38 Aazuj H, 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. 149976 a? ado via zz Hwa ?Q Qz z?H d co xza? ?a pZ WdW ?? c? x a ?x w? H?d ?a x? ?wH ?a z? Ao? ?x 0 UW wy w? o? H? w wo a? a 'vi rn N 45 OM, a cli V V (? c. ..? b M V Lij in in p O ? a ? V zz zz 00 ww a ww M a ? r a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1181 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 LOAN TRUST 2006-HE4, Plaintiff (s) From JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID (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 $141,927.35 L.L. $.50 Interest FROM 4/17107 TO 9/5/07 (PER DIEM - $23.33) - $3.289.53 AND COSTS Atty's Comm % Atty Paid $149.60 Plaintiff Paid Date: APRIL 27, 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 Due Prothy $2.00 Other Costs ADD'L COST - $2,083.50 C R. Long, Pr o ary By: Deputy 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 LOAN TRUST 2006-HE4 Plaintiff, V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1181 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 - p C . c -, n°! r 1C3 ril Fri ? - i DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff, V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1181 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4, 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 ,403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY S. WILLS A/K/A JERRY S. WILLS, JR. 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 HOLLY R. WILLS A/K/A HOLLY A. REID 403 WEST ELMWOOD AVENUE 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) MERS as a nominee for DECISION ONE MORTGAGE COMPANY MERS as a nominee for DECISION ONE MORTGAGE COMPANY 200 GIBRALTAR ROAD, STE. 350 HORSHAM, PA 19044 PO BOX 2026 FLINT, MI 48501-2026 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) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 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. April 17, 2007 AC DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 C b _TJ o C7 c DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff, V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). CUMBERLAND COUNTY No. 07-1181 CIVIL TERM April 17, 2007 TO: JERRY S. WILLS A/K/A JERRY S. WILLS, JR. 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 HOLLY R. WILLS A/K/A HOLLY A. REID 403 WEST ELMWOOD AVENUE 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 PREVIOUSLYRECEIVED 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 A LIEN AGAINST PROPERTY. Your house (real estate) at, 403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs 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 $141,927.35 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 (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) X$63-7000. 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 Sheriff s 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 = o • rry v.._ 1 ?? ? ter. - . 3>P ( ' a / . -% LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Elmwood Avenue, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Elmwood Avenue (sixty (60) feet wide), at the corner of Lot No. 5 as shown in the hereinafter mentioned plan of lots; thence along the lien of said Lot No. 5, South 24 degrees Ease, one hundred forty (140) feet to a point; thence along land of Jimmy R. Hamilton and Mary F. Hamilton, his wife, South 66 degrees West, one hundred (100) feet to a point at the corner of Lot No. 7 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 7, North 24 degrees West, one hundred forty (140) feet to a point in the southern line of Elmwood Avenue; thence along the southern line of Elmwood Avenue, North 66 degrees, one hundred (100) feet to a point at the corner of Lot No. 5, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Plan of Lots known as 'Miller Acres' as amended, and recorded in the Recorder's Office in and for Cumberland County in Plan Book 17, Page 84, now improved by a dwelling house numbered 403 West Elmwood Avenue. BEING THE SAME PREMISES WHICH Jimmy R. Hamilton and Mary F. Hamilton, his wife, by their Deed dated June 24, 1971, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on June 25, 1971, in Deed Book D, Volume 24, Page 631, granted and conveyed unto Leonard A. Reid and Clara K. Reid, his wife. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Wills and Holly R. Wills, husband and wife, by Deed from Clara K. Reid, unremarried widow, dated 03/31/2006, recorded 04/12/2006, in Deed Book 273, page 4962. PREMISES BEING: 403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055 PARCEL #20-24-0785-443 SHERIFF'S RETURN - REGULAR "CASE NO: 2007-01181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS WILLS JERRY S ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WILLS JERRY S AKA JERRY S WILLS JR was served upon DEFENDANT , at 1915:00 HOURS, on the 14th day of March at 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 HOLLY R WILLS by handing to ADULT IN CHARGE the 2007 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: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 37.60 Sworn and Subscibed ' ?: c to 3 before me this day of , So Answers: ?,z R. Thomas Kline 03/15/2007 PHELAN HALLINAN SCHMIEG By -- Dep ty Sher' f A. D. SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-01181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS WILLS JERRY S ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILLS HOLLY R AKA HOLLY A REID the DEFENDANT at 1915:00 HOURS, on the 14th day of March , 2007 at 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 HOLLY R WILLS by handing to 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 / 16.00/ DO Sworn and Subscibed to 310101 before me this day of So Answers: R. Thomas Kline 03/15/2007 PHELAN HALLINAN SCHMIEG By: /, d` De uty Sheriff A.D. Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee for Morgan Stanley Loan Trust Cumberland County, Pennsylvania 2006-HE4 Writ No. 2007-1181 Civil Term VS Jerry S. Wills a/k/a Jerry S. Wills Jr. and Holly R. Wills a/k/a Holly A. Reid Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2007 at 1444 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jerry S. Wills a/k/a Jerry S. Wills Jr. and Holly R. Wills a/k/a Holly A. Reid, by making known unto Holly R. Wills a/k/a Holly A. Reid personally, and wife of Jerry S. Wills a/k/a Jerry S. Wills Jr. at 403 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2007 at 1453 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 Jerry S. Wills a/k/a Jerry S. Wills, Jr. and Holly R. Wills a/k/a Holly A. Reid located at 403 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jerry S. Wills a/k/a Jerry S. Wills, Jr. and Holly R. Wills a/k/a Holly R. Reid, by regular mail to their last known address of 403 West Elmwood Avenue, Mechanicsburg, PA 17055. These letters were 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 this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing $30.00 Poundage 208.35 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 30.00 Law Journal 431.00 Patriot News 387.83 Share of Bills R. Thomas Kline, Sheriff BY Real Estate geant 15 69 $1169.57 ? ?.. CA ? w(.;L kw" / ?'V/ 9S, DEUTSCHE BAND NATIONAL TRUST CsbMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff, V. JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1181 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4, 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 ,403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY S. WILLS A/K/A JERRY S. WILLS, JR. 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 HOLLY R. WILLS A/K/A HOLLY A. REID 2. Name and address of Defendant(s) in the judgment: Same as above 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 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) MERS as a nominee for DECISION ONE MORTGAGE COMPANY MERS as a nominee for DECISION ONE MORTGAGE COMPANY 200 GIBRALTAR ROAD, STE. 350 HORSHAM, PA 19044 PO BOX 2026 FLINT, MI 48501-2026 ,.f 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTENTION: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 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. April 17, 2007 'lop ho, DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff, V. CUMBERLAND COUNTY No. 07-1181 CIVIL TERM JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REID Defendant(s). April 17, 2007 TO: JERRY S. WILLS A/K/A JERRY S. WILLS, JR. 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 HOLLY R. WILLS A/K/A HOLLY A. REED 403 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAMST PROPERTY. ** Your house (real estate) at, 403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs 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 $141927.35 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 (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: L 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 X215 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 r LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Elmwood Avenue, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Elmwood Avenue (sixty (60) feet wide), at the comer of Lot No. 5 as shown in the hereinafter mentioned plan of lots; thence along the lien of said Lot No. 5, South 24 degrees Ease, one hundred forty (140) feet to a point; thence along land of Jimmy R. Hamilton and Mary F. Hamilton, his wife, South 66 degrees West, one hundred (100) feet to a point at the comer of Lot No. 7 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 7, North 24 degrees West, one hundred forty (140) feet to a point in the southern line of Elmwood Avenue; thence along the southern line of Elmwood Avenue, North 66 degrees, one hundred (100) feet to a point-at the corner of Lot No. 5, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Plan of Lots known as 'Miller Acres' as amended, and recorded in the Recorder`s Office in and for Cumberland County in Plan Book 17, Page 84, now improved by a dwelling house numbered 403 West Elmwood Avenue. BEING THE SAME PREMISES WHICH Jimmy R. Hamilton and Mary F. Hamilton, his wife, by their Deed dated June 24, 1971, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on June 25, 1971, in Deed Book D, Volume 24, Page 631, granted and conveyed unto Leonard A. Reid and Clara K. Reid, his wife. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Wills and Holly R. Wills, husband and wife, by Deed from Clara K. Reid, unremarried widow, dated 03/31/2006, recorded 04/12/2006, in Deed Book 273, page 4962. PREMISES BEING: 403 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055 PARCEL #20-24-0785-443 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1181 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 LOAN TRUST 2006-HE4, Plaintiff (s) From JERRY S. WILLS A/K/A JERRY S. WILLS, JR. HOLLY R. WILLS A/K/A HOLLY A. REED (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 $141,92735 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $23.33) - $3.289.53 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $149.60 Other Costs ADD'L COST - $2,083.50 Plaintiff Paid Date: APRIL 27, 2007 Curtis F. Long, Pr n (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ?i rag, Real Estate Sale # 27 On May 3, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 403 West Elmwood Avenue, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 3, 2007 By: Real Estate Sergeant I S :1 d I - AN LODI I 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. a k-a' Li arie Coyne, ?4tor SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOTARIAL SEA, DEBORAH A COLLNO CARLISLE BORNpo, aCy INPuNEbINLC AN D COUNAy MY CornrnMon Expku Apr 28.2010 was Wftm am im 97 Writ No. 2007-1181 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-HE4 vs. Jerry S. Wills a/k/a Jerry S. Wills, Jr. and Holly R. Wills a/k/a Holly A. Reid Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situate on the south side of West Elmwood Avenue, in the Borough of Mechanicsburg, County of Cum- berland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Elmwood Avenue (sixty (60) feet wide), at the corner of Lot No. 5 as shown in the hereinafter mentioned plan of lots; thence along the lien of said Lot No. 5, South 24 degrees Ease, one hundred forty (140) feet to a point; thence along land of Jimmy R. Hamilton and Mary F. Hamilton, his wife, South 66 de- grees West, one hundred (100) feet to a pW= at the corner of Lot No. 7 as is the bmVinaft r Wiped 060 at bow t do fte ad aWd Wt No. 7, Neetb Oise huadrod mil' (1 to a paint is the owt ? line of XboW ed ADO; WON WW% tllne southern line of Elmwood Avenue, North 66 degrees, one hundred (100) feet to a point at the comer of Lot No. 5, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Plan of Lots known as 'Miller Acres' as amended, and recorded in the Recorder's Office in and for Cumberland County in Plan Book 17, Page 84, now improved by a dwelling house numbered 403 West Elmwood Avenue. BEING THE SAME PREMISES WHICH Jimmy R. Hamilton and Mary F. Hamilton, his wife, by their Deed dated June 24, 1971, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on June 25, 1971, in Deed Book D, Volume 24, Page 631, granted and conveyed unto Leonard A. Reid and Clara K. Reid, his wife. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Wills and Holly R Wills, husband and wife, by Deed from Clara K. Reid, unremarried widow, dated 03/31/2006, recorded 04/12/2006, in Deed Book 273, page 4962. PREMISES BEING: 403 WEST LYN110 ELMWOOD AVENUE, MECHANICS- aAaul v'LA BURG, PA 17055. VYY'MU0:D L1tw%38N%'PARCEL #20-24-0785-443. 8S rt4A?airc?= o m - ----------- 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 #27 . 2201MMLTH OF PQ44SYLVANIA Sworn to and subscribed 1f6??j D. Terry L Rusmi, Notajy Pub k' City Of Harrisburg; Dauphin County My Commission Expires June 6, 2010 ember, ennsoiinia Ass Intinn of Nniaadet a N AR PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 #P PHELAN 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-HE4 Plaintiff vs JERRY S. WILLS A#qA JERRY S. WILLS, JR HOLLY R. WILLS A#qA HOLLY A. REID Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County : I No. 07-1181-CIVIL TERM PHS# 149976 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the ended without preju< Date: March 13, 2009 Attorney for Plaintiff a ?V T7 ( W V A\ N i Fjj CO 0*1 " 1