Loading...
HomeMy WebLinkAbout12-0308SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Lo\,N%V at ?;:tirjU'rj4"to Deutsche Bank National Trust Company Case Number vs. 2012-308 Samuel E. Michaels SHERIFF'S RETURN OF SERVICE 01/26/2012 07:40 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1940 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 811 Factory Street, Carlisle, Pennsylvaia 17013, by making known unto Martah Kiner, current Occupant of 811 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ZT9?lz OKI'-Z- STEPHEN BENDER, DEPUTY 01/26/2012 07:44 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Samuel E. Michaels, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Samuel E. Michaels. Request for service at 811 Factory Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Martha Kiner is the current resident of this address. 01/30/2012 05:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2012 at 1730 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Samuel E. Michaels, by making known unto Leah Redcay, adult in charge at 813 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $77.00 February 01, 2012 TIM K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF is COtIMYSuite Sheriff, Teiecsoft. Inc. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4, No.: 2012-00308 Plaintiff VS. Samuel E. Michaels; Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 813 Factory Street Carlisle, PA 17013 ISSUE NUMBER: TYPE OF PLEADING: z') <_- M U 4. ?a PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: 10d 1Y. AUPJI 4242 , 9fq. Attorney for Plaintiff ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-161319 om? S)l -SopdQ eo 3a$?& n J„I„,p fVln -p ? DgA-193,9 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION for Morgan Stanley ABS Capital I Inc Trust 2006- NC4 NO.: 2012-00308 Plaintiff, VS. Samuel E. Michaels; Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Samuel E. Michaels, in the amount of $76,745.59 which is itemized as follows for failure to file an Answer: Principal Interest through 03/26/12 Late Charges Escrow Inspection Fees Corporate Advance TOTAL plus interest on the principal sum ($69,935.02) from March 2 plus additional late charges, and costs (including itio fees and costs and for foreclosure and sale of the lortgAgidb $69,935.02 $4,090.10 $ 403.20 $2,132.27 $ 100.00 $ 85.00 $76,745.59 at the rate of $13.75 per diem, (ances), additional attorneys' ZUCKER, L ERMAN, LLC BY: Dated: Scott A. i LA - ric , Esqui PA LD. #55650 Kimberl A. onner, Esquire; PA I.D. #89705 Joel A. c an, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-161319/pn 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-161319 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel A. Ackerman, Esquire, Ashleigh L. Marin, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take-Default efault Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the Attach c es. ZUCKER, G MT RMAN, LLC Dated:3 By: Scott A. ie rick, Esquire; A I.D. #55650 Kimberly onner, Esquire; PA I.D. #89705 Joel A. Ac rman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Atty File No.: XCP-161319 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Sworn to and subscribed before me This L 9 day of March, 2012 Not Public My Commission Expires: EDWARD DJ. SCHWA Commission 2363239 NotaryPublic S+ase'. mew I ,sev my Come e o,]1 are March r, Zucker, Goldberg & Ackerman, LLC XCP-161319 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-26-2012 08:21:12 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MICHAELS SAMUEL Based on the information you have furnished, the DMDC does not EVERETT possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 14 6 Ott owt rq 14, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/26/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: 871 K64C84T https://www.dmdc.osd.mil/appj/scra/popreport.do 3/26/2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4 NO.: 2012-00308 Plaintiff, VS. : Samuel E. Michaels; Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Samuel E. Michaels 813 Factory Street Carlisle, PA 17013 ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on q ILI// a ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $76,745.59 plus interest on the principal sum ($69,935.02) from March 27, 2012, at the rate of $13.75 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the m age remi Prot Zucker, Goldberg & Ackerman, LLC XCP-161319 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C0.a,01 et icum6rr4 4e OFFICE OF THE SKERIFF T F, 7. Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 FEB -6 AM 9' 12 GU PENNSYLVAN'P' Deutsche Bank National Trust Company I Case Number vs. 2012-308 Samuel E. Michaels SHERIFF'S RETURN OF SERVICE 01/26/2012 07:40 PM - Stephen Bender, Deputy Sheriff, who being duly swom according to law, states that on January 26, 2012 at 1940 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 811 Factory Street, Carlisle, Pennsylvaia 17013, by making known unto Martah Kiner, current Occupant of 811 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 4AL 4-1z- STEPHE BENDER, DEPUTY 01/26/2012 07:44 PM - Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Samuel E. Michaels, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Samuel E. Michaels. Request for service at 811 Factory Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Martha Kiner is the current resident of this address. 01/30/2012 05:30 PM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on January 30, 2012 at 1730 hours, he served a true copy of the within Complaint in Mortgage Foredosure, upon the within named defendant, to wit: Samuel E. Michaels, by making known unto Leah Redcay, adult in charge at 813 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $77.00 February 01, 2012 (c) CountySinte Shenfl. Teleosoll lie: TIM BLACK DEPUTY SO ANSWERS, 1?z RbNWY- R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION for Morgan Stanley ABS Capital 1 Inc Trust 2006-NC4 Plaintiff, NO.: 2012-00308 vs. Samuel E. Michaels Defendant. IMPORTANT NOTICE TO: Samuel E. Michaels 813 Factory Street Carlisle, PA 17013 DATE OF NOTICE: 2/28/2012 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 again you. Unless you act within Ten (10) 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION for Morgan Stanley ABS Capital I Inc Trust 2006-NC4 Plaintiff, NO.: 2012-00308 VS. ' Samuel E. Michaels TO: Samuel E. Michaels 813 Factory Street Carlisle, PA 17013 Defendant. ANV3,0RV1NMTA1%TIE FECHA DEL AVISO:2/28/2012 LB= EaTA IN RFffi. PCRCUE I-A FAILADD M 1CN14R LA AC CICIN IZE IN E= CASO A NEB QLE LMM TM E ACaCN EENIRD EE UD S MMMA S D>F? (KD DLAS DE LA FECE-A DEFSIEA-SO, SE R= ElCTAR 'IJ NFALLOIINCCNIIRA SUYA SNUEVAILS'EA CABDLN4, VISTAYTMM PCB PETEER SU MCFEECAD Y CUZCS I-EMCHDS D&CFUMIES LMM D? II EVAR ERIE DC CIIVIIN Il\PvM1ATANETIE A SU ABCCIVDQ SE LMM 1VC 1IFIVIE UN AEK)GA O O 1V0 PLELE PAC,AR LNQ VAYA O LLANE LA CIFICIM ABATO PCICADA PARR Q JE LE RAT D aN E PU= AYC T 3afu . Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUC1CEP GOLDBERG&ACXEEtMAN BY S=A. Dldaidc Scott A Diettetidc, Esquire Attome5 s for PI air>hff PAID. # 55650 200 Sheffield Street, Sjite301 P_ O. Bow 1024 Mau taumde, M 07092-0024 (717) 533-3560 FIRST CI-ASS U S, N AIL , P09rAGE PLAID 161319 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-308 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 INC TRUST 2006-NC4 Plaintiff (s) From SAMUEL E. MICHAELS (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: $76,745.59 L. L.: $.50 Interest FROM 3/26/2012 TO DATE OF SALE - $2,227.50 Atty's Comm: % Due Prothy: $2.25 Any Paid: $228.25 Other Costs: Plaintiff Paid: Date: 5/2/12 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION File No. 2012-00308 Deutsche Bank National Trust Company, as Trustee for Amount Due $76,745.59 Morgan Stanley ABS Capital I Inc Trust 2006-NC4, Interest from 3/26/2012 to date of sale $2,227.50 Plaintiff, VS. Costs Samuel E. Michaels; 6 C= ?. M _ F - Defendant. 77? --? TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contrC eaccLnt o `! based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pureattt=to At 7 dV 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. -; PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against rea state of the defendant(s) described in the attached exhi it. DATE: Signature: Print Name: Sco A. Dietterick, squir Ki erly A. Bonner, Esquire Joel Ackerman, Esquire Ashleigh L. Marin, Esquire Ralph M. Salvia, Esquire S Jaime R. Ackerman, Esquire (11 /?? 4 OHY Address: Zucker, Goldberg & Ackerman, LLC r} `am 200 Sheffield Street, Suite 101 v" -]-7, 00 Mountainside, NJ 07092 Attorney for: Plaintiff 3 • S t, 1, Telephone: 908-233-8500 s? Supreme Court ID No.: . so it 0 sa.as . SD LL C16 # 55650 89705 202729 306799 202946 311032 /ucker. OoldberR & Ackerman, L.LC XCI1-161 3 , 19 V Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE SOUTH BY NO. 809 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 813 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSELL K. LACKEY, ET. AL HAVING A FRONTAGE OF 16 FEET 3 INCHES, MORE OR LESS, ON FACTORY STREET AND EXTENDING IN DEPTH, AT THAT WIDTH, 90 FEET; AND BEING IMPROVED WITH THE SOUTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 811 FACTORY STREET. THE GRANTORS ALSO GRANT AND CONVEY TO THE SAID GRANTEES, HIS HEIRS AND ASSIGNS, (1) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET IN WIDTH EXTENDING EASTWARDLY FOR 90 FEET FROM FACTORY STREET AS CREATED IN THE DEED OF H. A. LACKEY TO B. F. LACKEY OF MARCH 11, 1913, AND RECORDED IN DEED BOOK "Y", VOL. 7, PAGE 375; (2) THE EASEMENT OF RIGHT OR WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE AND EXTENDING IN LENGTH FOR 16 '/2 FEET, MORE OR LESS, IF THE GRANTORS HAVE OR CAN CONVEY SUCH AN EASEMENT; (THE WARRANTY IN THIS DEED SHALL NOT EXTEND TO THE EASEMENT HEREIN GIVEN IN (2)); (3) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE, IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF THE LAND OF THE GRANTORS EXTENDING IN LENGTH 49 %2 FEET, MORE OR LESS, FROM THE SOUTHERN BOUNDARY OF THE LAND HEREIN CONVEYED TO THE SOUTHERN BOUNDARY OF THE LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 811 FACTORY STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH WILLIAM L. NEIDIGH AND KAREN M. NEIDIGH, HUSBAND AND WIFE, AND BRIAN PEIFFER, ADULT INDIVIDUAL, AND SUSAN SMITH, ADULT INDIVIDUAL, BY DEED DATED FEBRUARY 7, 2006 AND RECORDED FEBRUARY 9, 2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CONVEYED UNTO SAMUEL E. MICHAELS, ADULT INDIVIDUAL. TAX MAP NO.: 06-19-1643-228. Zucker, Goldberg & Ackerman, LLC XCP-161319 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4, Plaintiff, vs. Samuel E. Michaels; Defendant(s) CIVIL DIVISION : 2012-00308 NO - cU . Execution No.: AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 811 Factory Street, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): SAMUEL E. MICHAELS, ADULT INDIVIDUAL 813 Factory Street Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: SAMUEL E. MICHAELS 813 Factory Street Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4 Plaintiff Zucker. Goldbem & Ackerman. LLC \01-161319 4. Name and Address of the last record holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4 Plaintiff NEW CENTURY MORTGAGE CORPORATION. 18400 Von Karman, Suite 1000 Irvine, CA 92612 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 811 Factory Street Carlisle, PA 17013 UNKNOWN SPOUSE 813 Factory Street Carlisle, PA 17013 Zucker. Goldberg & Ackerman. LLC X01-161319 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBERCk ACKERMAN, LLC Dated: L1,93 f '/'-; ? BY: / Scott A. Di terick, E quir , PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-161319 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com 7.ucker. Goldberg & Ackerman. LLC \CP-161319 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE SOUTH BY NO. 809 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 813 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSELL K. LACKEY, ET. AL HAVING A FRONTAGE OF 16 FEET 3 INCHES, MORE OR LESS, ON FACTORY STREET AND EXTENDING IN DEPTH, AT THAT WIDTH, 90 FEET; AND BEING IMPROVED WITH THE SOUTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 811 FACTORY STREET. THE GRANTORS ALSO GRANT AND CONVEY TO THE SAID GRANTEES, HIS HEIRS AND ASSIGNS, (1) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET IN WIDTH EXTENDING EASTWARDLY FOR 90 FEET FROM FACTORY STREET AS CREATED IN THE DEED OF H. A. LACKEY TO B. F. LACKEY OF MARCH 11, 1913, AND RECORDED IN DEED BOOK "Y", VOL. 7, PAGE 375; (2) THE EASEMENT OF RIGHT OR WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE AND EXTENDING IN LENGTH FOR 16'/2 FEET, MORE OR LESS, IF THE GRANTORS HAVE OR CAN CONVEY SUCH AN EASEMENT; (THE WARRANTY IN THIS DEED SHALL NOT EXTEND TO THE EASEMENT HEREIN GIVEN IN (2)); (3) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE, IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF THE LAND OF THE GRANTORS EXTENDING IN LENGTH 49 %2 FEET, MORE OR LESS, FROM THE SOUTHERN BOUNDARY OF THE LAND HEREIN CONVEYED TO THE SOUTHERN BOUNDARY OF THE LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 811 FACTORY STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH WILLIAM L. NEIDIGH AND KAREN M. NEIDIGH, HUSBAND AND WIFE, AND BRIAN PEIFFER, ADULT INDIVIDUAL, AND SUSAN SMITH, ADULT INDIVIDUAL, BY DEED DATED FEBRUARY 7, 2006 AND RECORDED FEBRUARY 9, 2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CONVEYED UNTO SAMUEL E. MICHAELS, ADULT INDIVIDUAL. TAX MAP NO.: 06-19-1643-228. Zucker, Goldberg & Ackerman, LLC XCP-161319 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4 Plaintiff, vs. Samuel E. Michaels; Defendant(s). CIVIL DIVISION NO.: 2012-00308 r i:.1 1 27 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Samuel E. Michaels 813 Factory Street Carlisle, PA 17013 AND 811 Factory Street Carlisle, PA, 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 9/5/2012 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 811 Factory Street, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2012-00308 Zucker, Goldberg & Ackerman, LLC XCP-161319 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Samuel E. Michaels A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC XCP-161319 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & ACKFRMAN, LLC Dated: I? BY: Scott A. ietteric Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-161319 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-161319 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT. OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE SOUTH BY NO. 809 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 813 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSELL K. LACKEY, ET. AL HAVING A FRONTAGE OF 16 FEET 3 INCHES, MORE OR LESS, ON FACTORY STREET AND EXTENDING IN DEPTH, AT THAT WIDTH, 90 FEET; AND BEING IMPROVED WITH THE SOUTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 811 FACTORY STREET. THE GRANTORS ALSO GRANT AND CONVEY TO THE SAID GRANTEES, HIS HEIRS AND ASSIGNS, (1) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET IN WIDTH EXTENDING EASTWARDLY FOR 90 FEET FROM FACTORY STREET AS CREATED IN THE DEED OF H. A. LACKEY TO B. F. LACKEY OF MARCH 11, 1913, AND RECORDED IN DEED BOOK "Y", VOL. 7, PAGE 375; (2) THE EASEMENT OF RIGHT OR WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE AND EXTENDING IN LENGTH FOR 16'/2 FEET, MORE OR LESS, IF THE GRANTORS HAVE OR CAN CONVEY SUCH AN EASEMENT; (THE WARRANTY IN THIS DEED SHALL NOT EXTEND TO THE EASEMENT HEREIN GIVEN IN (2)); (3) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE, IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF THE LAND OF THE GRANTORS EXTENDING IN LENGTH 49 '/2 FEET, MORE OR LESS, FROM THE SOUTHERN BOUNDARY OF THE LAND HEREIN CONVEYED TO THE SOUTHERN BOUNDARY OF THE LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 811 FACTORY STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH WILLIAM L. NEIDIGH AND KAREN M. NEIDIGH, HUSBAND AND WIFE, AND BRIAN PEIFFER, ADULT INDIVIDUAL, AND SUSAN SMITH, ADULT INDIVIDUAL, BY DEED DATED FEBRUARY 7, 2006 AND RECORDED FEBRUARY 9, 2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CONVEYED UNTO SAMUEL E. MICHAELS, ADULT INDIVIDUAL. TAX MAP NO.: 06-19-1643-228. Zucker, Goldberg & Ackerman, LLC XCP-161319 ,,, fN THE COUiI:T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'V '`' r~ r~ ~ f- -~ Deutsche Bank National Trust Company, as CIVIL DIVISION~~~ ~' Trustee far Morgan Stanley ABS Capital I Inc Trust r ~ 2006-NC4, NO.: 2012-00308 p~ ..a Plaintiff, TYPE OF PLEADING "~' vs. ~~ Pa. R.C.P. RULE 3129.2(C) AFFIt~AYiT ~ SIERVtCE Samuel E. Michaels; OF DEFENiUANT/C~IMNER AND OTHER PARES OF INTEREST Defendant. FILED ON BEWALF OF: COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOIDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA LD. #55650 Kimberly A. Bonner, Esquire- PA LD. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh L. Marn, Esquire- PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX oftfc4C@zuckereoldbera.com File No.: XCP-161319/dsc ~~ ~+° r' a° ~c~ ~~ o -,.. ~ r~ i Zucker, Goldberg & Ackerman, LL XCP-16131 IN TH1E COURT OiF COMMON PLEAS OF CUM#II~RLAND COUNTY, PEN~l3YLVANIlA Deutsche Bank Nat~nal Trust Company, as Trustee for CIVIL DIVISION Morgan Stanley ABS Capital I Inc Trust 2006-NC4 Plaintiff, N0.:2012-00308 vs. ' Samuel E. Michaels; Defendant. Pa.R.C.~ULE 32~c>t AFRDA~YIT OF ~tCf CiF DEt~E11iQANT/OIAR A1~ OTHQt: PAfk1"1~ E~ MITST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, for Plaintiff, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I I Trust 2dd6-NC4, being duly sworn according to law depose and make the following Affidavit regards the service of Plaintiffs Notice of Sheriff s Sale of Real Property in this matter on Defendant/Owner a Other Parties of Interest as follows: 1. Defendant, Samuel E. Michaels, adult individual, is the record owner of the refill property. 2. On or about June 25, 2012, Defendant Samuel E. Michaels was served with Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff Cumberland County, at the address of 813 Factory Street, Carlisle, PA 17013. A true and correct copy said Notice and Proof of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about June 15, 2012, Plaintiffs counsel served all other parties in interest Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Cla U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices ar Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LL XCP-16131 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa.R.C.~. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: August 10, 2012 Paralegal/Legal Assistant Sworn to and bscribed before met ' ~~ day f August, 2012 ~~ . N ary Public MY COMMISSION EXPIRES: C.IY-tlRip Pab~ art New Jer~lt ~~ ~~_~y27/2016 My Op,~isai~ Ex7 Zucker, Gold#~erg lfi Ackerman, THE NAN~(S) OF THE O~~S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Samuel E. Michaels A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or wernmemtal or corporate entitles or ageearies being entitled to recxive part of the pcoceode of the sate received and to be disbursed try the Shbriff (~• exane to t~ks that hold mortgages municipalities that are owod t~ces), will be filod by thirty {30) days after the sale, and distribirton of the proceeds of sale in aceordlsace with this schedule will, in fact, 'be made unless someone ob,~ects by filing ex to it, within ten (10) days of the date it is filed. Informativa~ the Seltedule of Distrib~ion may be obaai~d fi+mn the Sheriff of the Court of Cowman Pkss of Cumberland Cout~y, One Courthouse Saluare, Carlisle, PA 17013-3387. It has been issued because there is a Judgment against you. It may cause your ', pre~aty to be hold, to be sold or taken to pay the Judgment. You may have " tt> pa+eveat your property from being taken. A lawyer can advise you more spee€Saadly of these rights. If you wish to exercise your rights, you must act promptty. Lawyer lteferraI Service of the Cumberland County Bar Association Cumberlaond County Bar Associat#on 32 S. Bedferd Street Carlisle, PA 17®13 Phone (8110) 99®~-liU8 (717) 249-3166 T' ,_I.EG,~L j~G~T~,YOU 1~'~'VE ARE' 1. You may file a petition with the Court of ''Common Pleas of Cumberland County to open the Judgment if you have a meritorious the person or caanpany that has entered judgment against You. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the pmcadure used against you. 2. Alter the ShetifP's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sate for a grossly inardserwate Brice or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg ~c ACkarrrnet, LLC XC~-161319 3: A petition or petitions raising the legal issues or rights in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland Couritl,+. Tho petition must be served on the ~ for the or on the creditor before pr~cscntabion to the Court and a propo~aad order or rnk rain be aged to the petition. If a specific rctwrri daft is di~ired, such cute rmn~ be obtained from ~ Court Administrator's . OfTice, Cumb~rl~tct County Coutti>BUSe, One Courdrouat Square, Carlisle, PA 17013-3387, before presentation of the petition to the Caurt. qua: Y~3I~ ZUCKER GOI,DtQ & ACI~yiT2MAN, LLC BY: Scott A. e~tberic ~. ; PA T.D. #5560 Kimber y A. Bonner, Esquire; PA.I,D. #$9705 Jcel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Merin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #2029416 Jaime R. Ackerman, Esquire; PA Y.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-161319 (908) 233-8500; (908) 233-1390 FAX E-mail : O'fice~Clcergoldberg.com VtA CEItTIF1E0 Mail, R>:1'WtN RECiAPT R$QU AND wa Nal scint~ eY nii: sHi~n~ c~ t3NY~L~tttJ-1~ co. Zucker, Gaidberg & Atltsr-n~, UC XC~-261319 Exhibit "A" LEGAL DITSCRIPTTON TI~AT CERTAIN LOT OF LAND SITUATE A~J Ti3E BOROUGH. OF CARLrIST.E, ERI.AND COUNTY,.PENNSYLVANIA; MOLE PARTICULARLY BOUI+~BD AND ~tIHED AS FOLLOWS, TO WIT: TT~E ~3 BY N0.809 FACTORY Ste; ON THE WEST BY FACTORY S'T'REET ON " NOItT# BY NO.813 FACTORY STREET AND ON THB FAST BY TY N(3'W' OR FORMERLY OF RUSSELL K. LACKEY, ET. AL HAVINC# A FR NTACiE OF 1 b g'EE'I' 3 INCHES, MORE OR LZTSS, ON FACTORY STREET AND ING TN D81~'`TH, AT THAT WIDTIT, 90 FEET; AND B~ETNEi IMPROVED WPTH SOUTHERN HALF OF A 2- STC~tY FRAME DWELLING DOUSE KNOWN A8 N0. $1 FACTORY STREET. GRANTORS AL&O GRANT AND CONVEY TO THE SAID GRATiTEBB, HI8 HBIRS ASSI(fiTS, (1) TOTE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THL HfERfiIN CONVITYAD, OVER A STRIP OF LAND 10 FSBT IN WIDTH EXTFI-IDING TWAR1aLY FOR 90 FEET ~FRQM FACTORY STREET AS CREATED Il3 TH8 D$8D OF H. A. LACKEY TO B. F. LACKEY OF MARCH 11, 1913, AND RECORDED IN DBED "Y", VOL. 7, PAEIE STS; (2) THE BAST3MBNT OF RI(JHT OR WAY, TENANT TO ~TI~E LAND HF.,RFxN. CANVEYED, OVER A STRIP OF LAI~TD 10 ~ IIHM8DIATELY TO~THB EAST OF THE EASTBRN BOUND,A,RY QF LAND N W OR FORMERLY OF J. ROY STROCK AND WIFE AND EX'I'ENT~INGf IN'LENGTH FO 16 % FEET, MORE OR LESS, IF THE GRAN'PORS HAVE OR CAN CONVEY S~TCH EA3F,11+IEN'T; (Tim WARRANTY IN THIS DEER SHALL NOT E1C'T81'~D' TO THE ~ tEVEN IN (2)); (3} THE EASE' OF A RI!(3HT OF WAY, TI~AIrTT TO~TB LAND H CONVEYED, OVER A STRIP OFZAI~D 1'0 WIFE, IAT~LY TO THS EAST OF THE'EASTT"i~N BOUNDARY QF TIIE OF TT~E QrRANTURS •IDC'TENIJiN(J IN LENGTH 49 ~ FF.E'I', MARE OR i.ESSS, FR THE S BOUNDARY OF THE LAND H1~REITd CONVEYED TO THE SO HOUNDARY OF THE LAND NOW OR FORMERLY OF J. ROY STitOCK WIFE. HAVING 'T'HEREON ERECTED A DWELLING HOUSE BEING KNOWN AND FRED AS 811 FACTORY STREET, CARLISLE, PA, 17013. BBING TI3E SAME FRENIISBS WHICH WII.LIAM L. NEIDTGH AND KAREN M. , HUS~3AND AND WIFE, AND BIIIAN FEIFFER, ADULT IlVDTYIDUAL, AND SU AN SMITH, ADULT INDIVIDUAL, BY DEED DATBD FEBRUARY 7, 2006 AND FEBRUARY 9, 2006 IN AND FOR CUMBEIi.LAND COUNTY, . P YLVANIA, TN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CO ~ EYED UNTO SAMUEL E. MICHAELS, ADULT INDIVIDUAL: TAX MAP NO.: 06-19-1 ft43-228. xucker, Gok~erg ~ ln, u.C . XGP~lB13l9 ^'E fy! Zucker, Goldberg & Ackerman, L XCP-1613 IN Ti1E t'9E'fNfT OF OQIMHVIChi Pt.EAS~ OF Cl1lVIBE1~1it~ COUNTY, PEfE1VSYl.YJ11d~IlA utsche Bank National Trust Company, as Trustee for CIVIL DIVISION rgan Starry ABS Capital I Inc Trust 200b-NC4 Plaintiff, N0.:2012-00308 vs~ • Sa uel E. Michaels; Defendant(sj. T. C MBiRLAND COUNTY TAX CLAIM BUREAU Gu Berland County Courthouse 0 Courthouse Square Ca Rsle, PA 17013 C EALTH QF PENNSYLVANIA DE ARTMENT OF WELFARE P. . Bc-x 2675 Hs risburg, PA 17305 U KNOWN TENANT OR TENANTS Bi Factory Street Ca isle, PA 17013 CENTURY MORTGAGE CORPORATION. Von Kamtan, Suite 1000 ~, CA 92612 UNKNOWN SPOUSE 813 Factory Street CarNste, PA 17013 PA DEPT. OF REVENUE-INHERITANCE TAX DIVISION Dept.280S01 Harrisburg, PA 1712&0601 CUMBERWND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 CarNsie, PA 17013 TAKE NOTK;E that by virtue of the above Writ of Execution Issued out of the Court of Common PI of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be sed to Putrik Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlyle, PA 17013 ~Z ~ lOs, the following described real estate whkh Samuel E. Michaels, adult irrdivalual the owners or reputed owners artd on which you may hold a lien or have an interest which cratd+d be acted by the sale of: 811 Factory Street, Carlisle, PA 17013 Cumberland County Zucker, Qoldberg dt Acker, LLC XC't~-161319 1613 ] 9D1004CQ6t3T2fl12Pi LE~AI QESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Executwn has been issued on a judgment in the action of Nationitl Trust Comparry, as Trustee !-Aargatt Stanley A8S Capital 1 Inc Trust 206-NC4 Plaintiff vs. E. Mkhaeis, et al at Defendant(s) . N0.2012-00308 in the amount of $76745.59 plus interest and costs. Claims againtt property must be filed at the Offke of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Offke of the Sheriff no later than thirty (30) days the sale date. Exceptbns to Dlatributbns or a PetlEbn to Set Aside the Sale must be flied with the Offke of the riff no later than ten{10) days from the date when Schedule of Distribution is flkd in the Offlce of Sheriff. if you have any questions or comments with regard to the Sheriffs Sale or this Notice, you contact your attamey as soon as possible. ZUCKER GOIDBER~& ACKERMAN, /~ BY: ~ ~~_ / ~ IC/ Scott rick, E~qui ; PA I.D. #55550 Kimbe A. Bonner, Esquire; PA.LD. #89705 Joel A. Ackerman, Esquire; PA I.D. #2027?19 Ashleigh L. Marin, Esquire; PA LD. #306799 Ralph M. Salvia, Esquire; PA I.D. #2x2948 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffleld Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-161319 (908) 233-85fl0; (9~) Z33-1390 FAX E-mail: Office~bzuckergo~lberg.com Zucker, Goldberg & Ack~eaus, LLC XCA 161314 161314D1004C06p72@12P2 Exhibit "A" LeGAI. DESCRIPTION THAT CERTAIN LOT OF LAND SITUATE IN THL BOROUGH OF CARLISLE, [BERLAI+~ COUNTY, PENNSYLVANIA, MORE PARTICULARLY >3C3UNDED AND R]BED AS FOLLOWS, TO W1T: THE S+C?iJTH BY N0.804 FACTORY STREET; QN THE WEST BY FACTORY STREET AND THE NORTH BY N0.813 FACTORY STREET AND ON THE EAST BY FROPERTY NOW OR tRLY OF RUS~LL K. LACKEY, ET. AL HAVING A FRONTAGE OF l6 FEET 3 INC}1~SS, ICE OR LEES, ON FACTORY STREET AND EXIENDE+1G 1N DEPTH, AT THAT WIDTH, 90 ;T; AND BEING A~!'ROVED WITH THE SOURN HALF OF A 2- STORY FRAME BLLII~ HOUSE KNOWN AS N0.811 FACTORY STREET. E GRANTORS ALSO GRANT AND CONVEY TO THE SAID GRANTEES, HIS HEIRS AND SIGNS, { 1) TIC EASh"MENT OF A RKiNT OF WAY, A~'PURTENANT TO THE LAND HEREIN rNVEYED, OVER A 3'IRIP OF LAND 10 FEET IN WIDTH EJCTBNDING EASTWARDLY FOR FEET F1R.Olvi FACTORY STREET AS CREATED AV THB DBED OF H. A. LACKEY TO B. F. ,CKEY OF MARCH 11, 1913, AND RECORDED IN DEED BOOK "Y", VOL. 7, PAC3E 373; (2) E BASEMENT OF RIfl~HT OR WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, BR A STRIP OF LA1Vt') 10 FEET WIDE DvlMEDIATELY TO THE EAST OF THE EASTERN -UNDARY OF LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE AND ;'I'ESNIyING IN I~+TGT'H FOR 16'r4 FEET, MORE OR LESS, IF THE GRANTORS HAVE OR CAN ~NVBY SUCH AN EASEMENT; {THE WARRANTY IN THIS DBED SHALL NOT fiXTEND TO BAi&BiT HERBIII!dl GIVEN IN (2)); (3) THE EASEI~IENT OF A RIGHT OF WAY, PURTBNANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FBET WIDE, IATBLY TO THE EAST OF THE BASTERN BOUNDARY OF THE LAND OF THE r+l~N'TORS B7KTBNDING IN LBNGTH 49'x4 FEET,INORE OR LE4S, FROM THE SCNJTNBRN ~UNDARY QF THE LAND HEREIN CONVEYED TO THE SOUTHERN BOUNDARY OF THE ND NOW OR FORMERLY OF J. ROY STROCK AND WIFE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 811 Y STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH WILLIAM L. NEIDIGH AND KAREN M. NEIDiGH, H BAND AND WifE, AND ~iIAN PEIFFER, ADULT INDNIDUAL, AIVO SUSAN SMITH, ADULT INDIVIDUAL, BY ffED DATED FEBRUARY 7, 2006 AND RECORDED FEBRUARY 9, 2006 IN AND FOR CUMBERLAND CO NTY, PENNSYI.vANIA, IN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CONVEYED UNTO UEL E. MICHAEIS, ADULT INDIVIDUAL. TAX MAP NO.: 06-19-1643-228. Zucker, Goldberg dt Awn, LLC aFlotd2~--aFi~d1» HField 1 »D 1004C1~2/1?1Z00SP3 f~TL CERT "~"` SCOtt A. Diettierick, Esquire ~ ' ~~ Wicker, Cio6dbarg 8C Ackerrrtien, LLC w 200 Sha~eid meet, Suite iQi ~ !W 07092 ~~'~ ~ XCP-i61319/il TEAM C 7bs Nf W CENTURY MORTGAGE CORPORATION. ~~ ra:e"q~ ~ 18+100 Von Kerman, Suite 1000 Irvine, CA 92612 Cownty of P.4: CUMBERLAND . PS Farm 3i17, Apra 3007 P5N 7530-02-D00.9065 ~ _ .__.. furCr-rrM1fA~}rw~ilMrrNNN~oRth~uiMiwMrrw~s~aws~ta~IM~'fMfarnnNroe~•wM••~r•• '~10~~ .Mr~e~wond~w. ~ 2 """` Soatt A. Dietr~er3ck, Esqu#re 4 ~ w "''~ Zr, Gol~erg & IAekecman, LLC ~. 200 S '&f+tet, Suite 101 r`AV~ '~i MauntaM>s•de, NJ 07092 ~' XCP-161319/A TEAM C "' CUMBERLAIMI~J COUNTY TAX CLAIM BUREAU ~^*~ "~ Cumberland County Courthouse One Courthvuse Square Carlisle, pA 17013 Cour~y of P.Q.: CtlMBERtAND PS Form Jiii. AprU 2007 PSN 7!330-02.000.9065 Page 1 of 4 CERT 42 1M 0~64~282t1 ~ Zp12 `""` Scott A. Distl~tridc, Esquire ~ by r,/a , Certribers>9L Win, LlC W Z00 S~~d Sett, Suite 101 IVbtskk, NJ 07092 XCP-ib1319/A TEAM C T" ~Nk1FEALTN OF PENNSYLVANIA PoetmerkHere DEPARTIYI~NT OF WELFARE P.O.Bcrx 2675 a~rm~ "'"" Scutt A. Dietterick, Esquire yo zuace~, cerg & Ackerman, LLC ZtfO Shtflisisi Street, SuFte 101 wrount#, nu o~o9z XCP-ib1319/N TEAM C ~" Ci1i418ERLAND COUNTY DOMESTIC RELATIONS OFFICE ~ne«'k ~ Dornestk Relations Sectbn _. 13 N. Hanauer Street PO BoX 3z0 Carte, PA 17013 C~N'~r of P,Q.: CUMBERiAND PS F~rrtn'.M17, ApAI X00'7 P6t17 F2of4 Msrrisburg, PA 17105 Countyaf P.4; CUMBERLAND PS F~xm ~1~, ApHi 200T F3N TS30~02~000-9066 i~TL CERT scats A. Dirick, cJo 2uc~oeir, Goiu~sr8 ~ Adtonnan, tlC 2va sna Wit, sul#~ 101 Mk~uMsina~t#e, i~u 07092 XCP-161314itt TEAM C ~" PA i>Eir'f'. Of i~YENUE• INHERITANCE TAX DNISION Ospt. 2807801 Harrisburg, PA 17128-0601 Co~n~r af.P:Q.: CUMBERLAND vs Fom, 3a17, AprN 2007 FSl1 ~s3aoz-0oo-sops Poftnwk Here _ .._: ~ ~aaao ~ 1 a ~ ~M o~osaa "ti ~a~wrw.w.+.rKn+ow.f.~.~a~t~.w.«.ruAr«.~..~r~m~ae.w.araeo~:.ai_ ~.. Q . ~.~. ~ '`""" Scott A. 0kttarkk, Esquire G/©Zucker, C+al~srg & Ackerman, l1C Z00 S~eflieid Street, Suite 101 Mourttsirrsida, NJ 07092 XCP-151319/q TEAM C ~" UNKNOWN TENANT OR TENANTS Pour Hen 811 Fairy street Cariisis, PA 17013 Cawt~y ~ P.Q.: CUM7~ERlAND FS Form tl~t7, April 2007 PSN 753002-OOP~9065 Paps 3 t~f 4 I~TL: CERT w. r~ .' ~~MMMM. ~Miri~Illw~N~tw~IwrYnaonai~lwmal~brn.nAs wriw .•~... .~_..._~_~. ..____,__ G/® 2udoer, rg & Ackerman, LLC 02 r t~ f 2GF? 5 __ --Suet, Skate 101 Nlcnk~tsl~ide, WJ 07092 ,.. XCP-183318/t17EAM C ~: u~wN s~cwsE H~ 813 Fury Str~aet Car~aMe, PA 17013 Cewr-ty titP.Q.: CUMBERLAND P5 Form #37, npTN 7A07 PSN 7530-0t-000-9G65 12 7082 paw 4 0t a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Qt' Sul /14 v? t, ,° :F F r F G -P,:IcF i... C. Or'T 17 3 aC.ly ??;; I Deutsche Bank National Trust Company Case Number vs. Samuel E. Michaels (et al.) 2012-308 SHERIFF'S RETURN OF SERVICE 06/19/2012 06:45 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 811 Factory Street, Carlisle, PA 17013, Cumberland County. 06/19/2012 06:45 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be MARTHA KINER-TENNANT, who accepted as "Adult Person in Charge" for Occupant at 811 Factory Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/25/2012 08:15 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Samuel E. Michaels at 813 Factory Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 09/06/2012 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to AttorneyScott Dietterick, on behalf of Deutsche Bank National Trust Company, being the buyer in this execution, paid to the Sheriff the sum of $ 10/16/2012 Order of Court to Set Aside Sheriffs Sale dated 10/12/12 received in Sheriffs Office on 10/16/12 10/16/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per Order of Court dated 10/12/12. SHERIFF COST: $929.05 October 16, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,5-0 && "'et 4-0 V4. (r,) Ceun:y$lwe Sheriff. Teiecsort, Inc_ } IN THE.COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4, vs. Samuel E. Michaels; : CIVIL DIVISION NO.: 2012-00308 Plaintiff, Defendant(s). Execution No.: AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 811 Factory Street, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): SAMUEL E. MICHAELS, ADULT INDIVIDUAL 813 Factory Street Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: SAMUEL E. MICHAELS 813 Factory Street Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4 Plaintiff Zucker, Goldberg & Ackerman. LLC XCP-161319 4. . Name and Address of the last record holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4 Plaintiff NEW CENTURY MORTGAGE CORPORATION. 18400 Von Karman, Suite 1000 Irvine, CA 92612 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 811 Factory Street Carlisle, PA 17013 UNKNOWN SPOUSE 813 Factory Street Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC XCP-161319 r PA DEPT. ,OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBER ACKERMAN, LLC Dated: L11931191 BY: Scott A. Dip. erick, E quir , PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-161319 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-161319 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE SOUTH BY NO. 809 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 813 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSELL K. LACKEY, ET. AL HAVING A FRONTAGE OF 16 FEET 3 INCHES, MORE OR LESS, ON FACTORY STREET AND EXTENDING IN DEPTH, AT THAT WIDTH, 90 FEET; AND BEING IMPROVED WITH THE SOUTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 811 FACTORY STREET. THE GRANTORS ALSO GRANT AND CONVEY TO THE SAID GRANTEES, HIS HEIRS AND ASSIGNS, (1) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET IN WIDTH EXTENDING EASTWARDLY FOR 90 FEET FROM FACTORY STREET AS CREATED IN THE DEED OF H. A. LACKEY TO B. F. LACKEY OF MARCH 11, 1913, AND RECORDED IN DEED BOOK "Y", VOL. 7, PAGE 375; (2) THE EASEMENT OF RIGHT OR WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE AND EXTENDING IN LENGTH FOR 16 %2 FEET, MORE OR LESS, IF THE GRANTORS HAVE OR CAN CONVEY SUCH AN EASEMENT; (THE WARRANTY IN THIS DEED SHALL NOT EXTEND TO THE EASEMENT HEREIN GIVEN IN (2)); (3) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE, IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF THE LAND OF THE GRANTORS EXTENDING IN LENGTH 49 %Z FEET, MORE OR LESS, FROM THE SOUTHERN BOUNDARY OF THE LAND HEREIN CONVEYED TO THE SOUTHERN BOUNDARY OF THE LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 811 FACTORY STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH WILLIAM L. NEIDIGH AND KAREN M. NEIDIGH, HUSBAND AND WIFE, AND BRIAN PEIFFER, ADULT INDIVIDUAL, AND SUSAN SMITH, ADULT INDIVIDUAL, BY DEED DATED FEBRUARY 7, 2006 AND RECORDED FEBRUARY 9, 2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CONVEYED UNTO SAMUEL E. MICHAELS, ADULT INDIVIDUAL. TAX MAP NO.: 06-19-1643-228. Zucker, Goldberg & Ackerman, LLC XCP-161319 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4 NO.: 2012-00308 Plaintiff, vs. Samuel E. Michaels; Defendant(s). NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Samuel E. Michaels 813 Factory Street Carlisle, PA 17013 AND 811 Factory Street Carlisle, PA, 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 9/5/2012 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 811 Factory Street, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2012-00308 Zucker, Goldberg & Ackerman, LLC XCP-161319 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Samuel E. Michaels A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC XCP-161319 3: A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. Dated: Lll? 5 p, ZUCKER GOLDBERG & BY: 1114 1 Scott A. etterick, Esquire; PA I.D. 455650 Kimber y A. Bonner, Esquire; PA.I.D. 489705 Joel A. Ackerman, Esquire; PA I.D. 4202729 Ashleigh L. Marin, Esquire; PA I.D. 4306799 Ralph M. Salvia, Esquire; PA I.D. 4202946 Jaime R. Ackerman, Esquire; PA I.D. 4311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-161319 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com , LLC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-161319 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE SOUTH BY NO. 809 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 813 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSELL K. LACKEY, ET. AL HAVING A FRONTAGE OF 16 FEET 3 INCHES, MORE OR LESS, ON FACTORY STREET AND EXTENDING IN DEPTH, AT THAT WIDTH, 90 FEET; AND BEING IMPROVED WITH THE SOUTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 811 FACTORY STREET. THE GRANTORS ALSO GRANT AND CONVEY TO THE SAID GRANTEES, HIS HEIRS AND ASSIGNS, (1) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET IN WIDTH EXTENDING EASTWARDLY FOR 90 FEET FROM FACTORY STREET AS CREATED IN THE DEED OF H. A. LACKEY TO B. F. LACKEY OF MARCH 11, 1913, AND RECORDED IN DEED BOOK "Y", VOL. 7, PAGE 375; (2) THE EASEMENT OF RIGHT OR WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE AND EXTENDING IN LENGTH FOR 161/2 FEET, MORE OR LESS, IF THE GRANTORS HAVE OR CAN CONVEY SUCH AN EASEMENT; (THE WARRANTY IN THIS DEED SHALL NOT EXTEND TO THE EASEMENT HEREIN GIVEN IN (2)); (3) THE EASEMENT OF A RIGHT OF WAY, APPURTENANT TO THE LAND HEREIN CONVEYED, OVER A STRIP OF LAND 10 FEET WIDE, IMMEDIATELY TO THE EAST OF THE EASTERN BOUNDARY OF THE LAND OF THE GRANTORS EXTENDING IN LENGTH 49 %2 FEET, MORE OR LESS, FROM THE SOUTHERN BOUNDARY OF THE LAND HEREIN CONVEYED TO THE SOUTHERN BOUNDARY OF THE LAND NOW OR FORMERLY OF J. ROY STROCK AND WIFE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 811 FACTORY STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH WILLIAM L. NEIDIGH AND KAREN M. NEIDIGH, HUSBAND AND WIFE, AND BRIAN PEIFFER, ADULT INDIVIDUAL, AND SUSAN SMITH, ADULT INDIVIDUAL, BY DEED DATED FEBRUARY 7, 2006 AND RECORDED FEBRUARY 9, 2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 273, PAGE 575, GRANTED AND CONVEYED UNTO SAMUEL E. MICHAELS, ADULT INDIVIDUAL. TAX MAP NO.: 06-19-1643-228. Zucker, Goldberg & Ackerman, LLC XCP-161319 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-308 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 INC TRUST 2006-NC4 Plaintiff (s) From SAMUEL E. MICHAELS (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: $76,745.59 L.L.: $.50 Interest FROM 3/26/2012 TO DATE OF SALE - $2,227.50 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $228.25 Other Costs: Plaintiff Paid: Date: 5/2/12 David D. Buell, Prothonotary ?j (Seal)- Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 TRITE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Co t Carlisle, Pa. This 49- day of 20 l? C, On May 22, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 811 Factory Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 22, 2012 By: Real Estate Coordinator L .2 v ?- ),,!IA tNl CUMBERLAND LAW JOURNAL Writ No. 2013-308 Civil Term Deutsche Bank National Trust Company VS. Samuel E. Michaels Occupant Atty.: Scott A. Dietterick ALL THAT CERTAIN lot of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: On the south by No. 809 Factory Street; on the west by Factory Street and on the north by No. 813 Factory Street and on the east by property now or formerly of Russell K. Lackey, et. al having a frontage of 16 feet 3 inches, more or less, on Factory Street and extending in depth, at that width, 90 feet; and being improved with the southern half of a 2- story frame dwelling house known as No. 811 Factory Street. The grantors also grant and con- vey to the said grantees, his heirs and assigns, (i) the easement of a right of way, appurtenant to the land herein conveyed, over a strip of land 10 feet in width extending eastwardly for 90 feet from Factory Street as cre- ated in the Deed of H. A. Lackey to B. F. Lackey of March 11, 1913, and recorded in Deed Book "Y", Vol. 7, Page 375; (2) the easement of right or way, appurtenant to the land herein conveyed, over a strip of land 10 feet wide immediately to the east of the eastern boundary of land now or formerly of J. Roy Strock and wife and extending in length for 16 Y, feet, more or less, if the grantors have or can convey such an easement; (the warranty in this deed shall not extend to the easement herein given in (2)); (3) the easement of a right of way, appurtenant to the land herein conveyed, over a strip of land 10 feet wide, immediately to the east of the eastern boundary of the land of the grantors extending in length 49 Y, feet, more or less, from the southern boundary of the land herein conveyed to the southern boundary of the land now or formerly of J. Roy Strock and wife. HAVING THEREON erected a dwelling house being known and numbered as 811 Factory Street, Carlisle, PA, 17013. BEING THE SAME PREMISES which William L. Neidigh and Karen M. Neidigh, husband and wife, and Brian Peiffer, adult individual, and Susan Smith, adult individual, by deed dated February 7, 2006 and recorded February 9, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 273, Page 575, granted and. conveyed unto Samuel E. Michaels, adult individual. TAX MAP NO.: 06-19-1643-228. 68 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 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. J_ - ?Vf?'11'1 '(?4'1_ bi Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 10 da of August, 2012 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 2012-308 Civil Term Deutsche Bank National Trust Company Vs Samuel E. Michaels Occupant Atty: Scott A Dletterick All That Certain Lot Of Land Situate In The Borough Of Carlisle, Cumberland County, Pennsylvania, More Particularly Bounded And Described As Follows, To Wit: On The South By No. 809 Factory Street; On The West By Factory Street And On The North By No. 813 Factory Street And On The East By Property Now Or Formerly Of Russell K Lackey, Et. Al Having A Frontage Of 16 Feet 3 Inches, More Or Less, On Factory Street And Extending In Depth, At That Width, 90 Feet; And Being Improved With The Southern Half Of A 2- Story Frame Dwelling House Known As No. 811 Factory Street. The Grantors Also Grant And Convey To The Said Grantees, His Heirs And Assigns, (I) The Easement Of A Right Of Way, Appurtenant To The Land Herein Conveyed, Over A Strip Of Land 10 Feet In Width Extending Eastwardly For 90 Feet From Factory Street As Created In The Deed Of H. A. Lackey To B. F. Lackey Of March 11, 1913, And Recorded In Deed Book "Y", Vol. 7, Page 175: (2) 7;. Easement Of Right Or Wily, ?p,..rtenant To The Land Herein Conveyed, Over A Strip Of Land 10 Feet Wide Immediately To The East Of The Eastern Boundary Of Land Now Or Formerly Of J. Roy Struck And Wife And Extending In Length For 16 Y, Feet, More Or Less, If The Grantors Have Or Can Convey Such An Easement; (The Warranty In This Deed Shall Not Extend To The Easement Here- In (2)); (3) The Easement Ot, ? Right Oi Way, Appurtenant To The Land Herein Conveyed, Over A Strip Of Land 10 Feet Wide, Immediately To The East Of The Eastern Boundary Of The Land Of The Grantors Extending In Length 49 Y, Feet, More Or Less, From The Southern Boundary Of The Land Herein Conveyed To The Southern Boundary Of The Land Now Or Formerly Of J. Roy ' track And Wife. Having Thereon Erected A Dwelling House Being Known And Numbered As 811 Factory Street, Carlisle, Pa, 17013. Being The Same Premises Which William L. Neidigh And Karen M. Neidigh, Husband And Wife, And Brian Peiffer, Adult Individual, And Susan Smith, Adult Individual, By Deed Dated February 7, 2006 And Recorded February 9, 2006 In And For Cumberland County, Pennsylvania, In Deed Book Volume 273, Page 575, Granted And. Conveyed Unto Samuel E. Michaels, Adult Individual. Tax Map No.: 06-19-1643-228. ,,The Patriot-News Co. 2020 'Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4e patriot-News Now you know CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/27/12 ?.A ....Zd--./ub r? Sworn to efore m 'h 08103/12 08/10/12 is r d jof August, 2012 ?.D. Notary Public i OMONW!?8LTH of PENNSYLVANIA I Notarial Seal 512t?rrrr, ;_. Owens, Notary%blic Lower ='axton ? wP... 0a'401n County _ ?y?-onmssii-n Exrires Nov. Z6, 2015 MEM8EF2, PrP N5'IL)J"N[7ASSC^iATCti 7 F Nf)TAR 1E,