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HomeMy WebLinkAbout12-4442K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVAQ , -t 1-3 a: -. EUTSCHE BANK NATIONAL TRUST COMPANY, AS . ' rn CIVIL DIVISION Nr?-- C= a-- .. r '0'k-"j 71 D TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE4 y? / ; f??? --G NO I C - -n , .: CD i- Q G+) I Y Plaintiff, TYPE OF PLEADING Y?-• vs. , --i _ CIVIL ACTION - COMPLAINT Samuel E. Michaels; IN MORTGAGE FORECLOSURE Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 STATEVIEW BLVD., FT. MILL, SC 29715 AND THE DEFENDANT: 813 Factory Street Carlisle, PA 17013-1352 IHE THE FOR PLAI FILE NIO.: XCZ 166906 LOCATION OF BY THIS LIEN IS FILED ON BEHALF OF: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 COUNSEL OF RECORD FOR THIS PARTY: 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 Levy 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 (908) 233-1390 FAX office@zuckereoldberg.com File No.: XCZ-166906/bga an??3.* Q x# 3-ps 37 a78ro? Q? IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 Plaintiff, NO.: vs. Samuel E. Michaels; Defendant(s). NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 Plaintiff, NO.: vs. Samuel E. Michaels; Defendant(s). AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a [as demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacibn o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Listed puede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 2493166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 Plaintiff, NO.: VS. Samuel E. Michaels; Defendant(s). CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, (hereinafter "plaintiff") through its servicing agent WELLS FARGO BANK, N.A. D/B/A AMERICA'S SERVICING COMPANY located at 3476 STATEVIEW BLVD., FT. MILL, SC 29715. 2. Defendant, Samuel E. Michaels, is an individual whose last known address is 813 Factory Street, Carlisle, PA 17013-1352. 3. On or about February 10, 2006, Samuel E. Michaels executed a Note in favor of WMC Mortgage Corp. in the original principal amount of $75,920.00. 4. On or about February 10, 2006, as security for payment of the aforesaid Note, Samuel E. Michaels made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp. a Mortgage in the original principal amount of $75,920.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on February 17, 2006, in Mortgage Book Volume 1940, Page 3713. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp. to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, plaintiff herein, pursuant to an assignment of mortgage dated November 18, 2011 and recorded on November 22, 2011 in the Office of the Recorder of Deeds for Cumberland County, Instrument #201132595. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the July 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. 7. Samuel E. Michaels, adult individual, is the record and real owner of the aforesaid mortgaged premises. 8. On September 4, 2011, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $71,536.97 Interest through 06/27/2012 $5,555.84 Escrow Advance $2,384.41 Late Charges $467.10 Inspection Fees $165.00 Total $80,109.32 plus interest on the principal sum ($71,536.97) at the daily per diem amount of $14.21, and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and additional Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $80,109.32, with interest thereon at daily per diem amount of $14.21 plus additional late charges, and costs (including additional escrow advances), add itio nola-ttgrneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKE 0 ZG K RMAN, LLC BY: Dated: Scott A. ietterPA I.D. # 55650 Kimberl . Bonner, Esquire; PA I.D. #89705 Joel A. A k@rman, Esquire; PA I.D. #202729 Ashleigh L. arin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCZ-166906/bga 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A After Recording Return To: WMC MORTGAGE CORP. - POST CLOSING 1 RAMIAND RD ORANGEBURG, NY 10962 Attn: Equity Phone: erv ) es) - Prepared By: RITA GERALDO WMC MORTGAGE CORP. 6320 CANOOA AVENUE 10TH FL (MAILROOM) WOODLAND HILLS, CA 91367 Property Address: 813 FACTORY STREET CARLISLE, PA 17013 PIN: 06-19•-1643-227 EXH16i'r ?,q I? cz106 t D 17 Hfl 10 07 ` (Space Above This Line For Recording Datal MORTGAGE XIC=LS Serv Loan 0: DEFI TIO MIN: Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 10, 2006 , together with all Riders to this document. (B) "Borrower" is SAMUEL E. MICHAELS Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is WMC MORTGAGE CORP. Lender is a corporation organized and existing under the laws of CALIFORNIA Lender's address is P.O. BOX 54089, LOS ANGELES, CA 90054-0089 (E) "Note" means the promissory note signed by Borrower and dated February 10, 2006 The Note states that Borrower owes Lender Seventy-Five Thousand Nine Hundred Twenty And 00/100 Dollars (U.S. $ 75,920-00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2036 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." PENNSYLVANIA.-Single Family--Fannie hlae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page / of 1! pager) DOCUKPAI DOCWCP711.v7z 09/06/2003 III ?I III AIII I I III III ?IrwMC* BK194OPG3713 (G) "Loan" means the debt evidenced by the Note, plus interest, any preps arges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? 14 Family Rider ? Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. . (l) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subjec' matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AND KNOWN AS EXHIBIT 'A'. PENNSYLVANIA--Single Family--Fannie M1lae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 1 of 14 page,) DOCUKPA2 DOCDKPa2.VTa ao/aS/2003 ??? III1111111f lllllllllllllllf1101DIWlllrllllllllOtd?l??l????n?)I?YItIIII??IiI{1oIB?1lI1.Y1111iWlII?lI1?11tUUlI?1 * W M C * BN 1940PG37 14 ww r?ently has the address of 813 FACTORY STREET - [Street] CARLISLE , Pennsylvania 17013 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U,S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts iue under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 3 of 14 pages) DOCUKPA) DOCUMPA3.VTI 08/25/1005 111IIllllllilllll?? Hil Mullin 1111mill Ell 1 *WMC* 9K1940PG3715 Lender receives a payment from Borrower for a delinquent Periodic aP yment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower ai?y interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by PENNSYLVANIA--Single Family--Fannie Rise/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 (page 4 of 14 pages) DOCUUM DOMPA4.VTY 0t/25/2005 III It III [Ill l l III I II IBM I 111INII IIIIIIJ11 1111111111111111 It 91 111 * W M C * BK1940PG3716 1ZE , and Borrower shall pay to Lender the amount necessary to make up the de tct?n accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures froin the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument, If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, PENNSYLVANIA--Single family--FannleMae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1101 (page 5 of 14 pages) DOCUKPA5 DOCU1CD15.VTY Da/05/2005 III II I[I IIII I I ill III III *WMC* 9K 194OPG37 17 any insurance proceeds, whether or not the underlying insurance was required by Lender, all be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds Until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier lmas offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or conderrrnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security PENNSYLVANIA--Sing)e Family-.Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 6 of] 4 pag-) DOCUKPA6 DOCaxDA6.VT2 04/25/70a5 II I I I I II Illl 111111111 *WMC* 8K1940PG3718 Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Fender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 16. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable foss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). PENNSYLVANIA--Single Family-Fannfe Mae/Freddle Mac UNIFORM tNSTRIMENT Vorm 3039 1/01 (page 7 oJIl pag-) DOCUKPA7 DDCUKPA7.VTZ 08/35/5005 ?? I I I I11 ???? ? ? II I I II 111 *WMC* 9K1940PG3719 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the slims secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. PENNSYLVANIA-Single Family--Fannie MaelFreddie Mae UNIFORDI INSTRUMENT Form 3039 1101 (page 8 of 14 pager) DOCUKPAa DDCDEDAa. VTY 08/23/3003 III II???II11I?I11111 * W M C * 9K 1 940PG3720 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co- signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent PENNSYLVANIA--Single Family-Fannie Atae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 (page 9 of 14 pages) OOCUKPA9 DOCQrpA9.vrs 08/25/2005 1111111111111111Jul11111111111IIY1111111111i111111W111uIWUI11111111111llllllllllllldlt11111.IIWll1111111ll11111Q * W M C * 51{ 1940PG372 1 y o er means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or PENNSYLVANIA-Single Family-Fannie Mae/Freddie Nine UNIFORM INSTRUMENT Form 3039 1/01 (page 10 afl4 pages) DOCUKPAIO aornaPAA.VTr 06/25/2005 IIIIIIIIII11111111E11 will Bull I I IHill III I 1111 111111 lull 11111 * W M C * 9K 1940PG3722 (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on jr in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNS YL VANIA-Singic Family--Fannie htae/Freddic Mae UNIFORM INSTRUMENT Form 3039 I/01 (page 11 afld pager) DOCUKPAI I oocvzrna.v'nc oens/zoos II I I I I U llll l! 111111 111 *WMC* 8K 1 940PG3723 NO IFORM COVENANTS. Borrower and Lender further covenant and agree as of Ilows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 12 of 14 pages) DOCUKPA12 DoconAC.Vra Oa/25/3005 1111111181111111111 * W M C * 9K 194OPG3724 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider eK cuted by Borrower and recorded with it. Z - Borrower - S MICHAELS - Date - PENNSYLVANIA--Single Family--Fannie Mae/Freddie Nlae UNIFORM INSTRUMENT Form 3039 1101 (page 13 of 14 pages) DOCUKPA13 oocvvAD.VTZ oe/zsnoos IIIlIIIIIIIIIIIIIIIIiIIIIIIIlA1Gl11lIIIIIININIIUIIIUIIIIIIINIIIIIIINI?IIIIlL1111611N1111111?NIlllllllllllllllq *WMC* BK 194OPG3725 [Space Below This Line For Acknowledgment[ Colnmonwe Ith of Pennsylvania County of Cy'bz_c^[&yd On this the 10 day of FtbrU the undersigned officer, personally appeared , before me m I QAIO? t.D , tnl??e ?ut_L t-. MXQ'h -0--> known tome (or satisfactorily proven) to be the person(s) whose name(s) 15 subscribed to the within instrument and acknowledged that ht_. executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Notary blic Michelle W. McCoy, Notary Public South Middleton Twp„ Cumberland County My Commission Expires Nov. 18, 2009 Member, Pennsylvania Association of Notaries Title of Officer My Commission Expires: CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is P.O. BOX 54089, LOS ANGELES, CA 90054-0089. Witness my hand this 10th day of February, 2006 5 Agent of Lender PENNSYLVANIA-Single Family--FanNe MWFreddle Mac UNIFORM INSTRUMENT DocuKPA 14 DDCM#AZ.VTY 09/7512005 11111111 [11111111 lull 111u?Y?a1uI1N111diuu11 u>1u1I * W M C * Form 3039 1/01 (page 14 of] 4 pages) 8K 1 94OPG3726 EXHIBIT A ALL THAT CERTAIN house and lot of ground situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by No. 811 Factory Street; on the West by Factory Street and on the North by No. 815 Factory Street and on the East by property now or formerly of Russel 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 Northern half of a 2-story frame dwelling house known as No. 813 Factory Street, together with such easements of rights-of-way as may be appurtenant to the above described property. BEING the same premises that Dolores J. Hostetter, widow, by her deed dated February 12, 1999, and recorded in Cumberland County, Pennsylvania Deed Book 194, Page 281, granted and conveyed unto Todd M. Rynard, adult individual, Grantor herein. THE GRANTORS also grant and convey to the said grantee, 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", Volume 7, Page 375; (2) the easement ofa 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 now or formerly ofJ. Roy Strock and wife and extending in length for 16'V2 feet, more or less, if the grantor has 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 right-of-way, appurtenant ofthe land herein conveyed, over a strip of land 10 feet wide, immediately to the East of the Eastern boundary 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. THE WARRANTY hereinafter provided for in this deed shall not be held to apply to more than 90 feet in depth from Factory Street, of the property described above. 9K1940PG3727 VERIFICATION Joseph Haddad, hereby states th h /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, tha he he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best 6i#er 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. DATE: VU1 O\Z File #: XCZ-166906 Name: MICHAELS Joseph Haddad Title: Vice President Loan Documentation 032-PA-V3 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-HE4 Plaintiff, vs. Samuel E. Michaels; Defendant(s). C-) CIVIL DIVISION r-_ ^' c-* NO.: J r ?C a -- CD _4 :, t" µ r') NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. Zucker, Goldberg & Ackerman, LLC XCZ-166906 ZUCKER, GOIDBf RGIF/ PAKEIAA#N, LLC By: Dated: July , 2012 Scott A. rick, Esq it A I.D. 5650 Kimber A. B nner, Esquire; .D. #89705 Joel A. cker an, Esquire; PA I.D. #202729 Ashleigh' L. arin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCZ-166906/jab 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCZ-166906 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete. your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: State: Office: _ Other: CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: First Mortgage Lender: Zip: How long? How long? Type of Loan: Loan Number: Second Mortgage Lender: _ Type of Loan: Loan Number: Total Mortgage Payments Amount Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Included Taxes & Insurance: Date you closed your loan: Zucker, Goldberg & Ackerman, LLC XCZ-166906 Assets Home: Other Real Estate: Retirement Funds Investments: Checking: Savings: Other: Automobile #1: Amount owed: Automobile #2: Amount owed: Amount Owed: Model: Model: Value: Value: Year: Year: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs other prop. payment install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Value: Fax: Zucker, Goldberg & Ackerman, LLC XCZ-166906 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XCZ-166906 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 Plaintiff, NO.: vs. Samuel E. Michaels; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action,; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Date Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, LLC XCZ-166906 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 Plaintiff, NO.: vs. Samuel E. Michaels; Defendant(s). CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in Cumberland County Courthouse, Carlisle, Pennsylvania. at the 1. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker, Goldberg & Ackerman, LLC XCZ-166906 resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XCZ-166906 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy V'11w1'dC ti,raf rr(r06 ?t Richard W Stewart Solicitor Deutsche Bank National Trust Company Case Number vs. 2012-4442 Samuel E. Michaels SHERIFF'S RETURN OF SERVICE 08/15/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 15, 2012 at 0926hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the v ,ithin named defendant, to wit: Samuel E. Michaels. After seven attempts the current resident of 813 Factory Street, Carlisle, Pennsylvania 17013 was not found at home. Deputies were advised by a neighbor no one is ever at the residence although it does not seem to have been vacated. SHERIFF COST: $40.00 SO ANSWERS, August 17, 2012 RON R ANDERSON, SHERIFF . x untySude; She` If I r!eos; `t I-, 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-HE4 NO.: 12-4442 CIVIL c= C,, -, Plaintiff, � � '�" �z ZZ -ti Vs. r7140 - Samuel E. Michaels; --. Co cz , Defendant. °-+c >'C*1) s. PRAECIPE TO REINSTATE COMPLAINT - TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. ZUCKER,GOLDBERG& ERMAN, LLC By: Dated: March 13,2013 Scott A. eric ,Esq re; 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 Attorneys for Plaintiff XCZ-166906/cper 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500; (908)233-1390 FAX Email: Office @zuckergoldberg.com 1 J. 7 O# 0- I a oo SHERIFF'S OFFICE OF CUMBERLAND 66UNTY Ronny R Anderson "I LED-'I" f'lUtr"` Sheriff ;E THE PRO TH0,1+qT,A 'i' ��rratn 4t��r�nb�r�#� Jody S Smith 2013 MAR 26 AM 9: 34 Chief Deputy Richard W Stewart CUMBERLAND OOUNTy Solicitor OFFICE OF TK SHERIFF PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. 2012-4442 Samuel E. Michaels SHERIFF'S RETURN OF SERVICE 03/20/2013 08:35 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclooure Diversion Program&Complaint in Mortgage Foreclosure upon the within named Defendant,to wit: Samuel E. Michaels, pursuant to Order of Court by"Posting"the premises located at 813 Factory Street, Carlisle Borough, Carlisle, PA 17013 with a true and correct copy according to law. RYIBURGE E SHERIFF COST: $40.00 SO ANSWERS, March 21, 2013 R-ONW R ANDERSON, SHERIFF ,c;Cow-tySuite Sheriff,Teleosoft.!nc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company,as Trustee ISSUE NO.: 12-4442 CIVIL for Morgan Stanley ABS Capital I Inc.Trust 2006- HE4, TYPE OF PLEADING Plaintiff, AFFIDAVIT OF SERVICE OF VS. COMPLAINT PURSUANT TO Pa.R.C.P.,430 SPECIAL ORDER Samuel E. Michaels; OF COURT Defendant. CODE: FILED ON BEHALF OF: Deutsche Bank National Trust Company,as Trustee for Morgan Stanley ABS Capital I Inc.Trust 2006- HE4 COUNSEL OF RECORD FOR THIS PARTY: 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 Levy 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 (908)233-1390 FAX office @zuckergoldberg.com , File No.:XCZ- 166906/mti ca f mrn C rP;-= (X 77 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-HE4 NO.: 12-4442 CIVIL Plaintiff, VS. Samuel E. Michaels; Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT I,Scott A. Dietterick, Esquire, attorney for Plaintiff, Deutsche Bank National Trust Company,as Trustee for Morgan Stanley ABS Capital I Inc.Trust 2006-HE4, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiffs Complaint in Mortgage Foreclosure on Defendant,Samuel E. Michaels, as follows: 1. On or about January 23`d 2013,an Order of Court was entered granting Plaintiffs Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit"A",attached hereto and made a part hereof. 2. Pursuant to said Order,on or about March 22"d 2013,Zucker,Goldberg&Ackerman, LLC,the counsel for Plaintiff served Defendant,Samuel E. Michaels with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure,via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the defendant's last known address being 813 Factory Street,Carlisle, PA 17013-1352. A true and correct copy of said returned receipt and certificate of mailing are marked Exhibit"B",attached hereto and made a part hereof. i 4 3. Pursuant to said Order,on or about March 201h 2013,the Sheriff of Cumberland County posted the property subject to the Mortgage, being 813 Factory Street,Carlisle, PA 17013-1352 with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure. A true and correct copy of the Service Form from the Cumberland County Sheriff's Office is marked Exhibit"C,attached hereto and made a part hereof. L1- Respectfully Submitted: ZUCKER,GOLDBERG &ACKERMAN, LLC Dated: October 2013 By: UUU""" Scott A. Di erick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh Levy 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.:XCZ-166906 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 thisv?,A day of October,2013 ry Fu bIic MY COMMISSION EXPIRES: Cheryl Debeneadto Notary Public My Comm. Expires Oct. 16, 2016 ID#2280276 State of New Jersey IN THE COURT OF COMMOMPLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Deutsche Bank National Trust Company,as Trustee CIVIL DIVISION for Morgan Stanley ABS Capital I Inc.Trust 2006 7HE4 Plaintiff, NO.:12-4442 CIVIL VS. ' Samuel E.Michaels, Defendant. ORDER OF COURT AND NOW,this :j �3ayof a2sda-,U ,.2013,upon consideration of Plaintiffs Motion for Special Service,it is hereby ORDERED,A IUD DEED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant(s) Samuel E. Michaels, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises,being 813 Factory Street,Carlisle PA 17013-3352,and by mailing a copy,Via Certified Mail, no signature required and First Class U.S.Mail, Postage Prepaid with said service being valid and complete upon such posting and mailing In accordance with Pa.R.C.P.430. BY THE COURT; C Cl3 r.� C) —(� '0 r Zucker,Goldberg&Ackerman,LLC XCZ-166906 • i s o 20 PQ% . �(/■` . � �2■t �) � �CJ 02 1 $ 01-200 0004282036 MAR 22 2013 s " MAILED FROM ZIP CODE 07092 This Certifiate of Mailing Provides evidence that nail has been presented to LISPS'for mail Is fi and lntamational maid. ......... ..._...._._� .��.' ................ ......_............. ...... r1on" Scott A. Dietterick,Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCL-166906/cper TEAM B i Toe Samuel E.Michaels Postmark Here 813 Factory Street i Carlisle,PA 17013-1352 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7534-02-0049065 f r f r c i it 4 ( F i I i I i i - i s r I 1 m n1 oa m rn a 0 co o � Rfr � ' t E it f N o tr M cr FD a a u.3 N 17I ? L LIJ� � r 4 J (/7r Q' 0 f J a a N ..II LLl J to ,r r3 Q cr T mt Ir co C3 cO0*i !f i• uj o: rd svt c+i v a {: �_ iAINO ssn SdSn Ee owo—.� � L t6 d Z U Ch cc a -E i 0. 0- C�( w s lY wwt w� n co �. ww •ter• C C-4\ s w rr V •.w a • w, to 1 r � 15 co C- `' t" 0 w v w r z � � - .. .•sue` �t..'""?,�„��.+�"�:+A� „'..''-�*t !1r,YSY- .... .......... SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff '010 Climbq OF THE PROTHONOTAR" Jody S Smith 2913 MAR 26 4h 9: 34 Chief Deputy Richard W Stewart CUMBEALAND COUNTY OFPCE OF THE SWERIFF Solicitor PE' S,YLVANIA Deutsche Bank National Trust Company Case Number vs. 2012-4442 Samuel E.Michaels SHERIFF'S RETURN OF SERVICE 0312012013 08:35 PM-Deputy Ryan Burgett,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclsoure Diversion Program&Complaint in Mortgage Foreclosure upon the within named Defendant,to wit:Samuel E.Michaels,pursuant to Order of Court by"Posting"the premises located at 813 Factory Street,Carlisle Borough,Carlisle,PA 17013 with a true and correct copy according to law. RYAR BURGETr.-DERAX-Z., SHERIFF COST*$40.00 SO ANSWERS, '2 March 21,2013 ROW?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 I Inc.Trust 2006-HE4, No.: 12-4442 CIVIL Plaintiff ISSUE NUMBER: vs. TYPE OF PLEADING: Samuel E. Michaels; PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT Defendant(s). (MORTGAGE FORECLOSURE) Mortgaged Premises: FILED ON BEHALF OF: 813 Factory Street,Carlisle, PA 17013-1352 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc.Trust 2006-HE4 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: 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.: XCZ-166906 cr :w r r %.3 —4 -1)0 =r- Cl) r°,) CX> _4C) s2'c-) rte) 1,> C SSot � Praecipe for Entry of Judgment Zucker,Goldberg&Ackerman, LLC XCZ-166906 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-HE4 • NO.: 12-4442 CIVIL Plaintiff, vs. • • Samuel E. Michaels; . • Defendant. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT(MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure (in rem only), in the above-captioned case in favor of Plaintiff and against Defendant(s), for failure to file a response to Plaintiffs Complaint within the appropriate time limits from service thereof,and assess Plaintiffs damages as set forth in Complaint: Amount as set forth in Complaint $80,109.32 plus interest on the judgment amount($80,109.32)June 28, 2012, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 81 ac I. :' address is: Car .le ' A I ' '352 ZUCKER, t.•i : '; : , , KE',' i ■ ■ , LLC Dated: / 1 . BY: �1��`��'4 1 n Joel A. A :rman, Esquire; PA I.D.#202729 Ashleigh L. arin, Esquire; PA I.D.#306799 El Jaime R.Ackerman, Esquire; PA I.D.#311032 Attorneys for Plaintiff XCZ-166906 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com r} DAMAGES ARE HEREBY ASSESSED AS INDICATED el; ,`° v,' ' Date D 1 /3 411 art ,,. . Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Morgan Stanley ABS Capital I Inc. . Trust 2006-HE4 NO.: 12-4442 CIVIL • Plaintiff, • vs. • • Samuel E. Michaels; • Defendant. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION I, the undersigned attorney for the plaintiff in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information, and that: 1) The Defendant is not in the military service of the Unite. tates of America to the best of my knowledge, information and belief as evidenced by 1 - atta - : Results as of:Oct-18-2013 02:06:54 ,rtment of Defense Manpower Data Center SCRA 3.0 ' a ' a r u : Status Report 1 3 t to S .c Civil Relief Act Last Name: MICHAELS First Name: SAMUEL Middle Name: E Active Duty Status As Of: Oct-18-2013 it th,Ac Dui Dn Ave Duty status fiats ,k *otiveDuty Start Date. FA,,,Activetht?g0;b Status,;- ,„ r -. ServicepgrmpAneit , , NA NA This response refleeig tE nneivrduals active duty status based on the*tve Duty Status Date Left Active Duty W1thtn 387 t'tayn of Active Duty Status;Date 4cflv$.Dutsr. 4t e 4y En4 tie Status Service Component NA 1 NA to NA i c'),--::0-'-' ,....r C .. This response reflects where the indtvtdual left active dtdy;sfatusvltthjpF06Ttays preceding the Active Duty Status Date 1*Mttemberon HIsIH U tt1l Was Notified of a Future Call-tip toA brrt'!ytl Active Duty Statue[tale , cyder ii iio Start Date. O Noiiffadon End Date Status � f!• Se,wcaComparienk, <<<, NA - -- ,No NA This response reflects whether the tivtd;•�' her unit has recejyad early notificOpn to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 411,214t r , YA. ' 4.'. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,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/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(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). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: P5063FC1K045Z80 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-HE4 • NO.: 12-4442 CIVIL Plaintiff, vs. • Samuel E. Michaels; • • • Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Samuel E. Michaels 813 Factory Street Carlisle, PA 17013-1352 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, De ree or Judgment was entered in the above captioned proceeding on 1O3 1 ?j [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $80,109.32 plus c. s. Prothonotary" Zucker,Goldberg&Ackerman, LLC XCZ-166906 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company,as Trustee ISSUE NO.: 12-4442 CIVIL for Morgan Stanley ABS Capital I Inc.Trust 2006- HE4, TYPE OF PLEADING Plaintiff, AFFIDAVIT OF SERVICE OF vs. COMPLAINT PURSUANT TO Pa.R.C.P.,430 SPECIAL ORDER Samuel E.Michaels; OF COURT Defendant. CODE: FILED ON BEHALF OF: Deutsche Bank National Trust Company,as Trustee for Morgan Stanley ABS Capital I Inc.Trust 2006- HE4 COUNSEL OF RECORD FOR THIS PARTY: 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 Levy 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 (908)233-1390 FAX office@zuckergoldberg.com File No.:XCZ-166906/mti 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-HE4 NO.: 12-4442 CIVIL Plaintiff, vs. Samuel E.Michaels; •• Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT I,Scott A.Dietterick, Esquire,attorney for Plaintiff,Deutsche Bank National Trust Company,as Trustee for Morgan Stanley ABS Capital I Inc.Trust 2006-HE4,being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiffs Complaint in Mortgage Foreclosure on Defendant,Samuel E. Michaels, as follows: 1. On or about January 23`d 2013,an Order of Court was entered granting Plaintiffs Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit"A",attached hereto and made a part hereof. 2. Pursuant to said Order-,on or about March 22nd 2013,Zucker,Goldberg&Ackerman, LLC,the counsel for Plaintiff served Defendant,Samuel E.Michaels with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure,via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the defendant's last known address being 813 Factory Street,Carlisle,PA 17013-1352. A true and correct copy of said returned receipt and certificate of mailing are marked Exhibit"B",attached hereto and made a part hereof. 3. Pursuant to said Order,on or about March 20`a 2013,the Sheriff of Cumberland County posted the property subject to the Mortgage,being 813 Factory Street,Carlisle,PA 17013-1352 with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure. A true and correct copy of the Service Form from the Cumberland County Sheriff's Office is marked Exhibit"C',attached hereto and made a part hereof. Respectfully Submitted: ZUCKER,GOLDBERG& KERMAN LLC ij Dated: October 2013 By: M%or Scott A.Di`/erick,Esquire; PA I.D.#55650 Kimberly A.Bonner,Esquire; PA I.D.#89705 Joel A.Ackerman,Esquire; PA I.D.#202729 Ashleigh Levy Marin,Esquire; PA 1.D.#306799 Ralph M.Salvia,Esquire; PA I.D.#202946 Jaime R.Ackerman,Esquire;PA I.D.#311032 Atty File No.:XCZ-166906 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 thisRA day of October,2013 Ty ublic MY COMMISSION EXPIRES: Cheryl Debeneadto Notary Public My Comm.Expires Oct. 16,2016 ID#2280276 State of New Jersey EXHIBIT A • 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-HE4 : Plaintiff, NO.:12-4442 CIVIL vs. ' Samuel E.Michaels; • Defendant. • • ORDER OF COURT AND NOW,this • .3 day.of . ..2013,upon consideration of Plaintiffs Motion for Special Service,it is hereby ORDERED,AtiJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foredosure and Notice of Sale, if necessary,.on Defendant(s) Samuel E. • Michaels, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises,being 813 Factory Street,Carlisle PA 17013-3.352,and by mailing a copy,via Certified Mali,no .•• signature required and First Class US.Mail, Postage Prepaid with said service being valid and complete • upon such posting and maill g In accordance with Pa.R.C.P.430. BY THE COURT: 11/ • • • -4 tfi1 - iNa rte- =per Zucker,Goldberg&Ackerman,LLC - XC2-166906 • • • - i EXHIBIT B • • • 1/4.or VNITRDsPITES 02 1,4 $ 01.20° STALSERVICZ „.--2:14vp, „ 000 42820 36 MAR 22 201 3 PO § 4. MAILED FROM ZIP CODE 0 7092 0,61 ThisCanificata Mains providas evidence That mad has been presented to USW**ma Is and International man. 116/4? "m: Scott A.Dietterick,Esquire e ch Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 &laps xcz-asssosic per TEAM B 7.`" Samuel E.Michaels Postmark Here 813 Factory Street Carlisle,PA 17013-1352 County of P.Q.:CUMBERLAND PS Form 3S17,April 2007 PSN 7530-02.000-9065 • o z . g 1 VI kil S w o 1'11 O ru C • 0 O LU CI- Arm 1"' o CC iii 111 V rte: •,:: _ .i i 3 • N 8 ' rte. '! s 1"'" •• . -" ru a ›- <C , a' °' Z t amr..... • ...z..!'s i:� EMS • c1 j ca & Z 10 1. N CO c» v r a • -a 0 lii m 0 It ,� oa G to G) Z • � 1.. (.) , iia°.Dd ....J . C as s R INIMMIIIIIMMMEOMma moll* V sr tam IIIIMIEMMINMINIIIIIMINIIIIMI w V a) ■ 4 II IIIIIMINIMMOM11INININIIIIIIM w-,r 0/5 OD .MMF r A 1 w.r Li, C) s w Zi to w 0 0tro- == Nay. w Q �- cn 0 L„ - r Z EXHIBIT C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F:E LFED-Ft0Ti� '!cE rJ THHOHO TAR t,. Sheriff4aa�Y of cuet,, Jody S smith 2013$$AR 26 MI 9:34 Chief Deputy wJjWx,M� Richard W Stewart CU CUMnitt ND COUNTY Solicitor MICE to THEsieR1FF P ' SYLVANIA Deutsche Bank National Trust Company Case Number vs. 2012-4442 Samuel E.Michaels SHERIFFS RETURN OF SERVICE 03/20/2013 08:35 PM-Deputy Ryan Burgett,being duly sworn according to law,served.**requested Notice of Residential Mortgage Forecisoure Diversion Program&Complaint In Mortgage Foreclosure upon the within named Defendant,to wit:Samuel E.Michaels,pursuant to Order of Court by"Posting"the premises located at 813 Factory Street,Carlisle Borough,Carlisle,PA 17013 with a true and correct copy according to law. R BURG , SHERIFF COST:$40.00 SO ANSWERS, • 1174" .. March 21,2013 RONR ANDERSON,SHERIFF {r)CousUySW70 Sheriff TNegfo3 Rm.. 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-HE4 Plaintiff, NO.: 12-4442 CIVIL vs. Samuel E.Michaels • • Defendant. • • • • • IMPORTANT NOTICE TO: Samuel E. Michaels 813 Factory Street Carlisle,PA 17013-1352 DATE OF NOTICE: 6/17/2013 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-HE4 . Plaintiff, NO.: 12-4442 CIVIL vs. • Samuel E. Michaels Defendant. • • • • AVISO IMPORTANTE TO: Samuel E.Michaels 813 Factory Street Carlisle, PA 17013-1352 FECHA DEL AVISO:6/14/2013 USTED ESTA EN REBELDIA PORQUE HA FALLAD O DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIIvIOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IIvvIPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TLENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. 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 ZUCKER,GOLDBERG &ACKERMAN BY: Scott A. D i terick Scott A. Dietterick,Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P.O. Box 1024 Mountainside,NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 166906 W 4� PONO ilk ?OA e Y l€=s CUMBERLAND PENNS Yl VA � f� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee : for Morgan Stanley ABS Capital I Inc. Trust 2006- . HE4, vs. Samuel E. Michaels; Plaintiff, Defendant. TO THE PROTHONOTARY OF THE SAID COURT: File No. Amount Due 12-4442 CIVIL $80,109.32 Interest from 6/29/2012 to date of sale Costs $11,353.79 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached Off. c(o.a6c5: Vo coil Pi lct.sD If5.61iao,9> Pc( a -61Y C146,2Sht-g5u1L-1(0� Zucker, Goldberg & Ackerman, LLC XCZ-166906 PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 00-41,g.$) Signature. Print Name: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire Joel Ackerman, Esquire Ashleigh Levy Marin, Esquire Ralph M. Salvia, Esquire Jaime R. Ackerman, Esquire Jana Fridfinnsdottir, Esquire Brian Nicholas, Esquire Denise Carlon, 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 89705 202567 201493 202946 Zucker, Goldberg & Ackerman, LLC XCZ-166906 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH BY NO. 811 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 815 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSEL 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 NORTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 813 FACTORY STREET, TOGETHER WITH SUCH EASEMENTS OF RIGHTS-OF-WAY AS MAY BE APPURTENANT TO THE ABOVE DESCRIBED PROPERTY. HAVING thereon erected a dwelling house being known and numbered as 813 Factory Street, Carlisle, PA, 17013-1352. BEING the same premises which TODD M. RYNARD, ADULT INDIVIDUAL, by Deed dated February 10, 2006 and recorded February 17, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 273, Page 1069, granted and conveyed unto Samuel E. Michaels, adult individual,. Tax Map No.: 06-19-1643-227. Zucker, Goldberg & Ackerman, LLC XCZ-166906 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-HE4, : Plaintiff, NO.: 12-4442 CIVIL : Execution No.: Samuel E. Michaels; Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 VS. C") CD Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, 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 813 Factory Street, Carlisle, PA 17013-1352. 1. Name and Address of Owner(s) or Reputed Owner(s): SAMUEL E. MICHAELS, ADULT INDIVIDUAL, 813 Factory Street Carlisle, PA 17013-1352 2. Name and Address of Defendant(s) in the Judgment: SAMUEL E. MICHAELS 813 Factory Street Carlisle, PA 17013-1352 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-HE4 Plaintiff 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-HE4 Plaintiff cJ— Zucker, Goldberg & Ackennan, LLC XCZ-166906 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WMC MORTGAGE CORP PO Box 2026 Flint, MI 48501-2026 AND 1901 E. Voorhees Street, Suite C Danville, II 61834 AND 3300 SW 34th Avenue, Suite 101 Ocala, FL 34474 AND P.O. Box 54089, Los Angeles, CA 90054-0089 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 813 Factory Street Carlisle, PA 17013-1352 UNKNOWN SPOUSE 813 Factory Street Carlisle, PA 17013-1352 Zucker, Goldberg & Ackennan, LLC XCZ-166906 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. Dated: 4/x4 (01# ZUCKER, GOLDBERG & ACKERMAN, LLC BY:e�h 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 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XCZ-166906/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCZ- 166906 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH BY NO. 811 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 815 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSEL 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 NORTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 813 FACTORY STREET, TOGETHER WITH SUCH EASEMENTS OF RIGHTS-OF-WAY AS MAY BE APPURTENANT TO THE ABOVE DESCRIBED PROPERTY. HAVING thereon erected a dwelling house being known and numbered as 813 Factory Street, Carlisle, PA, 17013-1352. BEING the same premises which TODD M. RYNARD, ADULT INDIVIDUAL, by Deed dated February 10, 2006 and recorded February 17, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 273, Page 1069, granted and conveyed unto Samuel E. Michaels, adult individual,. Tax Map No.: 06-19-1643-227. Zucker, Goldberg & Ackerman, LLC XCZ-166906 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-HE4 NO.: 12-4442 CIVIL vs. Samuel E. Michaels; Plaintiff, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Samuel E. Michaels 813 Factory Street Carlisle, PA 17013-1352 TAKE NOTICE: • rn E y -4 That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on September 3, 2014 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: 813 Factory Street, Carlisle, PA, 17013-1352 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4442 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Samuel E. Michaels, adult individual, Zucker, Goldberg & Ackerman, LLC XCZ-166906 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 Sheriff's 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 Sheriff's Deed is delivered. 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 Zucker, Goldberg & Ackerman, LLC XCZ-166906 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: 4'_A� ' 4- ZUCKER, GOLDBERG & ACKERMAN, LLC BY:))✓QJ,�,,—,9 r� 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 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XCZ-166906/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VIA FILED ORDER OF COURT. Zucker, Goldberg & Ackerman, LLC XCZ-166906 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH BY NO. 811 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 815 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSEL 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 NORTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO. 813 FACTORY STREET, TOGETHER WITH SUCH EASEMENTS OF RIGHTS-OF-WAY AS MAY BE APPURTENANT TO THE ABOVE DESCRIBED PROPERTY. HAVING thereon erected a dwelling house being known and numbered as 813 Factory Street, Carlisle, PA, 17013-1352. BEING the same premises which TODD M. RYNARD, ADULT INDIVIDUAL, by Deed dated February 10, 2006 and recorded February 17, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 273, Page 1069, granted and conveyed unto Samuel E. Michaels, adult individual,. Tax Map No.: 06-19-1643-227. Zucker, Goldberg & Ackerman, LLC XCZ-166906 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 20067HE4 : Plaintiff, vs. Samuel E. Michaels; Defendant. NO.: 12-4442 CIVIL ORDER OF COURT AND NOW, this .3 day. of ,.2013, upon consideration of Plaintiff's Motion for Special Service, it is hereby RDERED, AgUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foredosure and Notice of Sale, if necessary, on Defendant(s) Samuel E. Michaels, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 813 Factory Street, Carlisle PA 17013-1352, and by mailing a copy, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 430. BY THE COURT: 1S! 4 Zucker, Goldberg & Ackerman, LLC XCZ-166906 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE4 Vs. NO 12-4442 Civil Term CIVIL ACTION — LAW SAMUEL E. MICHAELS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $80,109.32 L.L.: $.50 Interest FROM 6/29/2012 TO DATE OF SALE - $11,353.79 Atty's Comm: Atty Paid: $240.50 Plaintiff Paid: Date: 5/21/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota REQUESTING PARTY: Name: DENISE CARLON, 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. 202946 Deputy i! f • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION t--, for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4,-off -. :; Plaintiff, NO.: 12-4442 CIVIL ,.-..r_ vs. Zr-V:-..-) Execution No.: �x © bac) Samuel E. Michaels; .<_,.' 2 �'d ct 'P' ...P. 2.- C,. Defendant(s). Z ca =r AMENDED AFF/DAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006- HE4, 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 813 Factory Street, Carlisle, PA 17013-1352. 1. Name and Address of Owner(s) or Reputed Owner(s): SAMUEL E. MICHAELS, ADULT INDIVIDUAL, 813 Factory Street Carlisle, PA 17013-1352 2. Name and Address of Defendant(s) in the Judgment: SAMUEL E. MICHAELS 813 Factory Street Carlisle, PA 17013-1352 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-HE4 Plaintiff 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 1 INC. TRUST 2006-HE4 Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WMC MORTGAGE CORP PO Box 2026 Flint, MI 48501-2026 AND 1901 E. Voorhees Street, Suite C Danville, II 61834 AND 3300 SW 34th Avenue, Suite 101 Ocala, FL 34474 AND P.O. Box 54089, Los Angeles, CA 90054-0089 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 CARLISLE BORO 53 W. South St. Carlisle PA 17013 AND C/O Charles Holtry, Jr Stuart Community Center 415 Franklin Street, Room 5 PO Box 100 Carlisle, PA 17013 CARLISLE AREA SCHOOL DISTRICT 623 W. Penn St. Carlisle, PA 17013 AND C/O Charles Holtry, Jr Stuart Community Center 415 Franklin Street, Room 5 PO Box 100 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 813 Factory Street Carlisle, PA 17013-1352 UNKNOWN SPOUSE 813 Factory Street Carlisle, PA 17013-1352 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 1 verify that the statements made in this Amended 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. Dated:4.d1p� BY: ZUCKER, GOLDBER , KER ; ►. �' Scott A. Diett: ick, Esquire; PA I.D. #55650 Kimberly A. onner, 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 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XCP-166906/nfe 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH BY NO. 811 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO. 815 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSEL 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 NORTHERN HALF OF A 2 - STORY FRAME DWELLING HOUSE KNOWN AS NO. 813 FACTORY STREET, TOGETHER WITH SUCH EASEMENTS OF RIGHTS-OF-WAY AS MAY BE APPURTENANT TO THE ABOVE DESCRIBED PROPERTY. HAVING thereon erected a dwelling house being known and numbered as 813 Factory Street, Carlisle, PA, 17013-1352. BEING the same premises which TODD M. RYNARD, ADULT INDIVIDUAL, by Deed dated February 10, 2006 and recorded February 17, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 273, Page 1069, granted and conveyed unto Samuel E. Michaels, adult individual,. Tax Map No.: 06-19-1643-227. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN)"A Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION rri c) vs. TYPE OF PLEADING: for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, No.: 12-4442 CIVIL Plaintiff Samuel E. Michaels; Defendant T Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT—OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: 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 Levy Marin, Esquire -PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 Jana Fridfinnsdottir, Esquire- PA I.D. #315944 Brian Nicholas, Esquire- PA I.D. #317240 Denise Carlon, Esquire- PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCZ- 166906/mag Zucker, Goldberg & Ackerman, LLC XCZ-166906 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-HE4 vs. Samuel E. Michaels; Plaintiff, Defendant. CIVIL DIVISION NO.: 12-4442 CIVIL Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Margaret Agyepong, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Wells Fargo Bank, N.A., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant(s) Samuel E. Michaels, adult individual, is/are the record owners of the real property. 2. Pursuant to the Order of Court dated June 23, 2013, the Sheriff of Cumberland County posted Plaintiff's Notice of Sheriff's Sale, at the address of the mortgaged premises, being 813 Factory Street, Carlisle, PA 17013-1352, on or about June 16, 2014. A true and correct copy of said Order of Court and Proof of Posting are marked Exhibit "A", attached hereto and made a part hereof. 3. Pursuant to the Order of Court dated June 23, 2013, Plaintiff's counsel served Defendant(s) Samuel E. Michaels, with Plaintiffs Notice of Sheriffs Sale, via Certified Mail no signature required, at the address(es) of 813 Factory Street, Carlisle, PA 17013-1352, on or about June 20, 2014. True and correct copies of said Notices and Proofs of Mailing are marked Exhibit "B", attached hereto and made a part hereof. 4. Pursuant to the Order of Court dated June 23, 2013, Plaintiff's counsel served Defendant(s) Samuel E. Michaels, with Plaintiffs Notice of Sheriffs Sale, via First Class U.S. Mail, Postage Pre -Paid, with a Certificate of Mailing, at the address(es) of 813 Factory Street, Carlisle, PA 17013-1352, on or Zucker, Goldberg & Ackerman, LLC XCZ-166906 about June 19, 2014. True and correct copies of said Certificate of Mailing is marked Exhibit "C", attached hereto and made a part hereof. 5. On or about July 17, 2014, Plaintiff's counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre -Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "D", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriffs Sale of Real Property in accordance with Pa.R.C.P. 3129.2. Dated: August 15 , 2014 Sworn to and subscribed before me This ( day of , 2014 Notary Purblic MY COMMISSION EXPIRES: Cheryl Debeneadto Notary Public My Comm. Expires Oct. 16, 2016 ID # 2280276 State of New Jersey ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff MARGARE GYEP0NG Paralegal/Legal Assistant Zucker, Goldberg & Ackerman, LLC XCZ-166906 EXHIBI A Zucker, Goldberg & Ackerman, LLC XCZ-166906 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE CF rHE SHERIFF Deutsche Bank National Trust Company vs. Samuel E. Michaels Case Number 2012-4442 SHERIFF'S RETURN OF SERVICE 06/16/2014 04:47 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 813 Factory Street, Carlisle - Borough, Carlisle, PA 17013, Cumberland County. 06/16/2014 04:47 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Samuel E. Michaels, pursuant to Order of Court by "Posting" the premises located at 813 Factory Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. SHERIFF COST: $973.02 August 12, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. SO ANSWERS, RONNR ANDERSON, SHERIFF EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCZ-166906 Zucker, Goldberg & Ackerman, LLC PO Box 1219 Mountainside, NJ 07092-1219 i i i 9314 7100 1170 0747 8384 12 20140620-102 iiitillIINIii111111I11I1111I111"1111"Iul'lIii"IIIII'll'iI'I Samuel E. Michaels 813 FACTORY ST CARLISLE, PA 17013-1352 PANOSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as ; CML DIVISION Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 NO.: 12-4442 CIVIL vs. Samuel E. !Michaels; Defendant.. NOTICE OF SHERIFF' $ SALE• OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3329 Samuel E. Michaels 813 Factory Street Carlisle, PA 170134352 TARE NOTICE: That the. Sheriffs Sale of Real Property. (Real Estate) will be held at the. Cumberland County Courthouse, •1 Courthouse Square, Carlitle, PA 17013 on September 2014 at: 10:00ern 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: 813 Factory Street Carlisle, Pk:17013-1351 The JUDGMENT under or pursuant to which your property Is being sold is docketed to: No., 12-4442 CIVIL THE NAME(S) OF THE OWNER(S) OR. REPUTED OWNER(S) OF THIS PROPERTY ARE: Samuel E.. Michaels; adult individual, iu0eri;dolsibprg-li Ackerman,. LLC X:CZ-1.6$906 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 mortgagesand municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of theproceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to It, within. ten. (1.0) days of the date it 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. 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 Zucker; Goldberg & Ackerman, i.AC XcZ-166906 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 Of 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: 4124/4.4 ZUCKER, GOLDBERG & ACKERMAN, LLC 8y4_. 11 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA ID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire;.. PA ID. #306799 Ralph M. Salvia, Esquire; PA ID. #202.946 Jaime R. Ackerman, Esquire; PA ID. #311032 Jana Fridfinnsdottlr, Esquire; PA. I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XCZ-166906/sde 200 Sheffield Street, Suite 101 Mountain,side, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VIA FILED ORDER OF COURT. Zucker, Goldberg & Ackerman, LLC XC2-166906 Exhibit °A" LEGAL DESCRIPTION ALL THAT CERTAIN HQIJS.E_AND LOT OF GROUND SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED.AS FOLLOWS: BEGINNING ON THE SOUTH BY NO, 811 FACTORY STREET; ON THE WEST BY FACTORY STREET AND ON THE NORTH BY NO,815 FACTORY STREET AND ON THE EAST BY PROPERTY NOW OR FORMERLY OF RUSSEL 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 NORTHERN HALF OF A 2- STORY FRAME DWELLING HOUSE KNOWN AS NO, 813 FACTORY STREET, TOGETHER WITH SUCH EASEMENTS OF RIGHTS-OF-WAY AS MAY BE APPURTENANT TO THE ABOVE • DESCRIBED PROPERTY. HAVING thereon erected a dwelling house being known and numbered as 813 Factory Street, Carlisle, PA, 17013-1352. BEING the same premises which TODD M. RYNARD, ADULT INDIVIDUAL, by Deed dated February 10, 2006 and recorded February 17, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 273, Page 1069, granted and conveyed unto Samuel E. Michaels, adult individual,: Tax Map No.: 06-.19.1643-227. Zucker, Goldberg & Ackerman, LLC XCZ41669©6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee h.: CIVIL DIVISION for Morgan Stanley ABS Capital I Inc. Trust 200ErHE4 : Plaintiff, . vs. Samuel E. Michaels; Defendant. NO.: 12-4442 CIVIL ORDER OF COURT AND NOW, this �.3 day. of .f ft r , 2013, upon consideration of Plaintiff's Motion for Special Service, it is hereby RDERED, AUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant(s) Samuel E. Michaels, by instructing the Sheriff of Cumberland County to POST a copy of same on. the Mortgaged Premises, being 813 Factory Street, Carlisle PA 17013-1352, arid by mailing a copy, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 430. BY THE COURT: Zucker, Goldberg & Ackerman, LLC XCZ-166906 IN THE:COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY, PENNSTWAN1A Deutsche Bank National Trust C.ompany. astrustee s CIVIL DIMON for Morgan Stanley ABS Capital i inc. Trust 2001E4 ; : NO.; 12-042 OM knit • vs. Samuel E. Michaels; Defendant. ORDER OF COUP AND NOW, this .231.1r.layof, 2013, upon consideration of Plaintiff s Motion for Spedal Setvice, it is hereby ED42, IIX0GEO AND DECREED That Plaintiff Shall serve Its Complaint in Mortgage FOredOntre and Notice of Sale, V necessary, on Defendant(s) Samuel E. Michaels, by 'flannels the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 813 Factory Street, Cart* PA 1701.3-13S2, grid by mailing a copy, via Certified Matt no signature requited and First Class US. Mail, Postage Prepaid with said service being valid and Immolate won such oostine and mailing In accordance with Pa.R,C.P. 430. BYTHE COURT: jlf* "*Ar4 Zucke4 Goldberg & Ade** no. UG • • )42466906 • EXHIBI C Zucker, Goldberg & Ackerman, LLC XCZ-166906 NOS CERT UNITED STATES POSTAL SERVILE, Certificate 0 Mailing This Cartmsate of Melling provides evidence that mall has been presented to USPS for milling. This form may be used for domestic and Intematlonal mall. From: Denise Carlon, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 U.S. POSTAGEPITNEY BOWES _ ZIP 07092 $ 001.200 02 1Y1 0001387430 JUN 19 2014 To pay fee, affix stamps or mesa, postage here. t ¢IELD'V XCZ-166906/pn TEAM C - PA TO: Samuel E. Michaels 813 Factory Street 1 %WAJPtte Carlisle, PA 17013-1352 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 1 of 1 EXHIBIT D Zucker, Goldberg & Ackerman, LLC XCZ-166906 NTL Page 1 of 7 UNITED STATES Mill POSTAL SERVICE® U. S POSTAGE }' PITNEYEA^JES aM. ZIP 0 :: $ 001 2041 Ci'.'. 111 0001387430 JUL 17 _314 Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 �UiVITEDST/1TES POSTdL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to UPS* for mailing. This form may be used for domestic and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND To pay fee, affix stamps or meter postage here. PS Form 3817, April 2007 PSN 7530-02-000-9065 vtoz, R 1flf 0£tvL8£ 1000 oOZ.LOO $ Z60L0 dIZ S3MCoA3N1.Id{439V1SOd Sn Postmark Here To pay fee, affix stamps or meter postage here. Postmark Were NTL Page 2of7 '441 UNITED STATES POSTAL SERVICE Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic and International mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: UNKNOWN TENANT OR TENANTS 813 Factory Street Carlisle, PA 17013-1352 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 �UNITED STATES POSTdL SERWICF.,, Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS° for mailing. This form may be used for domestic and International mall. From` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C Tei MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WMC MORTGAGE CORP PO Box 2026 Flint, MI 48501-2026 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 6 l OZ L l lflf 0£tL8£ L 000 zo 006 y pato en7 9,,,T"�tl' �"�+"9�K1'Ud(16:fii' ;*rY11Y ceirv4 MO6 A3N1ld << 3 DV.LSOd'S71 U S POSTAGE_'} PITNEY BOWES �Kx wif .�, ZIP 07092 $ 001.20° 02 1V1 0001387430JUL 17 2014 To pay fee, affix stamps or meter postage here. Postmark Here 2U14 To pay fee, affix stamps or meter postage here. Postmark NTL Page 3 of 7 aUN/TEDSTdTES POSTAL SERVICE® U S POSTAGE» PITNEY BOWES ammo*,;p^ .era:aWv " ^r a rx+ a.s, nr 02 111 0001387430JUL 17 2014 Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS for mailing. This form may be used for domestic and International mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C TO: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WMC MORTGAGE CORP 1901 E. Voorhees Street, Suite C Danville, II 61834 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Erie POST/JL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS° for mailing. This form may be used for domestic and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WMC MORTGAGE CORP 3300 SW 34th Avenue, Suite 101 Ocala, FL 34474 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 i' oz LL 1flr0£PLB£L000 ZO o0Z'1•00 $ Z60/0 i7 �:L^^ ,a w SIM0SARN1iri R eVISOd Sri To pay fee, affix stamps or meter postage here. Postmark Here To pay fee, affix stamps or meter postage here. Postmark Here NTL Page 4 of 7 UNITED STATES ...Prti POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has bean presented to UPS. for mailing. This form may be used for domestic and international mall. From: Scott A. Dietterick, Esquire ao Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR WMC MORTGAGE CORP P.O. Box 54089, Los Angeles, CA 90054-0089 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing, This form may be used for domestic and International mall. From' Scott A. Dietterick, Esquire go Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: CARLISLE AREA SCHOOL DISTRICT C/O Charles Holtry, Jr Stuart Community Center 415 Franklin Street, Room 5 PO Box 100 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 vt.oz LI inroctLsc000 ZO Z6OLO d12 0 On, 00 $ Avom,.1024.mtrantatanirAMenr, S'3AICA A 3Nlid «3SVISOd sri afieW".4.ZROM:,." AgraMMilif ZIP 07092 la 0111200 0? VA w 00013P:143.D JUL r;. 21:0,4 To pay fee, affix stamps or meter postage here. Postmark Here To pay fee, affix stamps or meter postage here. Postmark NTL Page 5 of 7 a., UNITED STATES POSTAL SERVICE® Certificate Of Mailing US POSTAGE I F TNEY aamazzew This Certificate of Mailing provides evidence that mall has been presented to USPSe for mailing. This form maybe used for domestic and International mall. fromt Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 To: CARLISLE AREA SCHOOL DISTRICT 623 W. Penn St. Carlisle, PA 17013 County of P.Q.: CUMBERLAND XCZ-166906/nfe TEAM- C 206 0001387430 JUL 17 20,'4 To pay fee, affix stamps or meter postage here. PS Form 3817, AprIl 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic end international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C Tat CARLISLE BORO C/O Charles Holtry, Jr Stuart Community Center 415 Franklin Street, Room 5 PO Box 100 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 t,to? Ll 1flr 0£t'LB£t000 .1 t0 mac;? i- 2I >N%z�iia. y . , ,, „{ AN, s' S3M0HA3N1ld««39ViSOd S -n To pay fee, affix stamps or meter postage here. Postmark Here NTL Page 6 of 7 UNITED STATES Wial POSTAL SERVICE® Certificate Of Mailing U S. POSTAGE )), PITNEY E 'JES Thls Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic end international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To' CARLISLE BORO 53 W. South St. Carlisle PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES eila POST41 SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS* for mailing. This form may be used for domestic and International mall. From' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LIC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To' CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 IIOL LL lflf 0£6L8£1000 AAL ZO Z6OLO dIZ 0OZ.I.00 $ S3M08AaNlld<<30VISOdSfI f;<; To pay fee, affix stamps or meter postage here. ostrttark H'er'rs To pay fee, affix stamps or meter p4$tg here. Postmark Here 4 NTL Page 7 of 7 aUNITEDSTATES POSTAL SERVICE® U S. POSTAGE »3 FITtEY E= NES MneetaMeSerer 001.. ` 77 2014 Certificate Of Mailing This Certificate of Mailing provides evidence that mall has bean presented to USPS• for mailing. This form may be used for domestic and International mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES „Arai POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic and international meg., From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCZ-166906/nfe TEAM- C To: UNKNOWN SPOUSE 813 Factory Street Carlisle, PA 17013-1352 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 t7toz LL lflr 0£t'L8£ L 000 ,, r S3M08 A3NI1d (« 3DV1SOd S n To pay fee, affix stamps or meter postage here. Postmark Here To pay fee, affix stamps or meter postage here.