HomeMy WebLinkAbout13-2422 Supreme Court of Pennsylvania
Court of �iito'fi Pleas
/ �/ , i; IV \ For Prothonotary Use Only:
Civll'Covef Sheet
CUMBERL`ANDE Iii County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or rep lace the filing and service of leadin s or other papers as required by law or rules of court.
Commencement of Action:
S ❑x Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff s Name: DEUTSCHE BANK NATIONAL Lead Defendant's Name: SAMUEL E. MICHAELS
TRUST COMPANY, AS TRUSTEE FOR MORGAN
,
STANLEY ABS CAPITAL I INC TRUST 2006 -NC4
I
Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits
0 (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell Esq., Id. No.308912, Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
• Intentional ❑ Buyer Plaintiff Administrative Agencies
• Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
• Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
• Nuisance ❑ Dept. of Transportation
• Premises Liability ❑ Statutory Appeal: Other
• Product Liability (does not
S include mass tort) ❑ Employment Dispute:
• Slander /Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT 0 Other:
0 ❑ Asbestos
N ❑ Tobacco
• Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Other:
❑ Medical
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 0110112011
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 319324
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Melissa J. Cantwell, Esq., Id. No.308912
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ^�
c
Philadelphia, PA 19103 -tea
215 -563 -7000 =r Fn-
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Cn
IN THE COURT OF COMMON PLEAS OF `< N C-5
CUMBERLAND COUNTY, PENNSYLVANIA
C
..
_ o c- ;
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR MORGAN STANLEY ABS CIVIL DIVISION --�'
CAPITAL I INC TRUST 2006 -NC4 ' -x
C/O WELLS FARGO BANK, N.A. NO.:
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff,
vs.
SAMUEL E. MICHAELS
1607 LYTE STREET, APARTMENT 105G
DALLAS, TX 75201 -1684
Defendant.
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 -NC4, by its attorneys, Phelan
Hallinan, LLP 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 -NC4, C/O WELLS
FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter
"plaintiff').
2. The Defendant, SAMUEL E. MICHAELS, is an individual whose last kno
o
1
062 -PA -V3 H' 3y4"
address is 1607 LYTE STREET, APARTMENT 105G, DALLAS, TX 75201 -1684.
3. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
MORGAN STANLEY ABS CAPITAL I INC TRUST 2006 -NC4, directly or through an agent,
has possession of the Promissory Note. DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006 -NC4 is either
the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true
and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part
hereof.
4. On or about February 7, 2006, SAMUEL E. MICHAELS made, executed and
delivered to NEW CENTURY MORTGAGE CORPORATION a Mortgage in the original
principal amount of $74,320.00 on the premises described in the legal description marked
Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office
of the Recorder of CUMBERLAND County in Book 1939, Page 4825. The Mortgage is a matter
of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g),
which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those
documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded
November 30, 2011, the mortgage was assigned to DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006 -
NC4 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in
Instrument No. 201133188. The Assignment is a matter of public record and is incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from
its obligation to attach documents to pleadings if those documents are of public record.
6. SAMUEL E. MICHAELS is record and real owner of the aforesaid mortgaged
premises.
7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due October 1, 2012.
062 -PA -V3
8. As of 04/11/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 68,592.77
Interest . $ 3,005.75
09/01/2012 through 04/11/2013
Late Charges $ 100.80
Property Inspections $ 30.00
Escrow Deficit $ 143.00
Suspense Balance ($304.65)
TOTAL $ 71,567.67
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above - captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
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 in a bankruptcy proceeding, this action is in.no way an attempt to re- establish
such liability.
062 -PA -V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $71,567.67, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: Melissa J. Cantwell, Esq., Id. No.308912
Attorney for Plaintiff
062-PA-V3
Exhibit "A"
r d
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ADJUSTABLE RATE NOTE
(LIBOR Six -Month Index (As Published In The Wall Street Journal) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
February 7. 2006 Carlisle Pennsylvania
IDatel fCltyl (State]
811 Factory Street. Carlisle. PA 17013
[Property Address]
®rlIGINAL
1. BORROWER'S PROMISE TO PAY
1n return for a loan that I have received, I promise to pay-U.S. $ 74. 320.00 (this amount is called
"Principal "), plus interest, to the order of Lender. Lender is New Century Mortgage Corporation
1 will make all payments under this Note in the form of cash, check or money order.
1 understand that lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."
2. 1 NTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 7.175 %. The interest rate 1 will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
] will make my monthly payments on the first day of each month beginning on Apr 11 1. 2006
I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to interest before Principal. If, on 03 /01 /2036 , I still owe amounts under this
Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at 18400 Von Karman, Suite 1000, 1rvine,'CA 92612
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. S 503.22 This amount
may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I
must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in
accordance with Section 4 of this Note.
MULTISTATE ADJUSTABLE'RATE NOTE - LIBOR SIX -MONTH INDEX JAS PUBLISHED IN THE WALL STREET JOURNAL) -
Single Family - Fannie Mae UNIFORM INSTRUMENT
(0-830N (0210( Form 3620 1101
VMP MORMAGE FORMS - (800)821 -7281
P"s 1 of 4 1,11101:: —8—
4. ,INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day ofMa rch , 2008 and on that day every
6th month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of
interbank offered rates for six month U.S. dollar- denominated deposits in the London market ( "LIBOR "), as published in
The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately
preceding the month in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Six And Five
Hundredth(s) percentage points ( 6.050 46) to the Current
Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point
(0.12546). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next
Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially
equal payments. The 'result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 8.675 4'0
or less than 7.175 46. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than One And One -half percentage point(s) ( 1.500 46)
from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater
than 14.175%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change. The notice will include information required by law to be given to me and
also the title and telephone number of a person who will answer any question 1 may have regarding the notice.
S. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. I may not
designate a payment as a Prepayment if I have not made all the monthly payments due under this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the
Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly
payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my
monthly payments after the first Change Date following my partial Prepayment. However. any reduction due to my partial
Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this 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 me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
Form 352P/07
(M-838N (0210) Pago 2 of 4
7. )3ORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the-Note Holder has not received the full amount of any monthly payment by the end of fifteen
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but
only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by
a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and
i all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is trailed to
me or delivered by other means.
(D) No Waiver By Note Holder
! Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
I (E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right
to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
i Those expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
i Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note
will be given by mailing it by first class trail to the Note Holder at the address stated in Section 3(A) above or at a different
! address if I am given a notice of that different address.:
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or against all of us together. This means that any one
of us may be required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Decd (the "Security Instrument "), dated the same
date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in
this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those conditions read as follows:
i
Form 3620 1101
i ) - 838N 107101 Pope 3 of a InhWc: — ,5�"--
m
i
'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
lnterosts 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. Lender also shall not
exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender td evaluate
the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines
that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security
Instrument unless Lender releases Borrower in writing.
1 If Lender exercises the option to require immediate payment in full, 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.
i
WITNESS MD(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
samue C ael - Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
•` - Borrower - Borrower
I
[Sign Original Only]
(0-838N (o2 i o) Pape 4 of 4 Form 3520 1/01
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Record: Mac
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Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of Carlisle, Cumberland County,
Pennsyvlania, more particularly bounded and described as follows, to wit:
ON the South by No. 809 Factory Street; on the West by Factory Street and on the North by No.
813 Factory Street and on the East by property now or formerly of Russell K. Lackey, et. al,
having a frontage of 16 feet 3 inches, more or less, on Factory Street and extending in depth, at
that width, 90 feet; and being improved with the southern half of a 2 -story frame dwelling house
known as No. 811 Factory Street.
THE GRANTORS also grant and convey to the said Grantees, their his and assigns, (1) the
easement of a right of way, appurtenant to the land herein conveyed, over a strip of land 10 feet
in width extending Eastwardly for 90 feet from Factory Street as created in the deed of H. A.
Lackey to B. F. Lackey of March 11, 1913, and recorded in Deed Book "Y ", Vol. 7, Page 375;
(2) the easement of right or way, appurtenant to the land herein conveyed, over a strip of land 10
feet wide immediately to the East of the eastern boundary of land now or formerly of J. Roy
Strock and wife and extending in length for 16 1/2 feet, more or less, if the Grantors have or can
convey such an easement; (the warranty in this deed shall not extend to the easement herein
given in (2)); (3) the easement of a right of way, appurtenant to the land herein conveyed, over a
strip of land 10 feet wide, immediately to the East of the eastern boundary of the land of the
Grantors extending in length 49 1/2 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.
File #: 319324
PROPERTY ADDRESS: 811 FACTORY STREET, CARLISLE, PA 17013 -1352
PARCEL # 06 -19- 1643 -228.
File #: 319324
VERIFICATION
Nathaniel Orendain, hereby states tha he she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter tha e/ 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 o his/ 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 unsworn falsification to authorities.
Further, due to its mortgage servicing agency relationship with plaintiff, WELLS
FARGO BANK, N.A. is in possession and control of all documents and records supporting the
statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or
employee of plaintiff, is the appropriate individual to make this Verification pursuant to
Pa.R.C.P. 1024(c).
Name: Nat kresiLoan m
Title: Vice Documentation
Company: Wells Fargo Bank, N.A.
Date: 04/12/2013
085 -PA -V2 , File #: 319324
U5/U3/ZU13 1 ILL UUOODUUO igjvvllvlv
IN THE COURT OF COMMON
DEUTSCHE BANK NATIONAL TRTTST COMPANY, AS PLEAS
TRUSTEE OF CUMBERLAND COUNTY,
Plaintiffs) PENNSTLVANIA
vs, C
MICHAELS, SAMUEL E. �. a( r
Defendant(s) evil MCC)
M rn—
NOTICE OF RESIDENTIAL MORTGAGE
FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home. A �
If you own and live in the residential property which is the subject of this foreclosure action, you;;
Wray be able to participate in a court-supervised conciliation conference in an effort to resolve this matter <'
with your lender.
1 f you do not have an attorney, 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 2,510 or (800) 822 -5288 extension 2510 and request
appointment of a legal representative at not charge to you. Once you have been appointed a legal
representative, you must promptly meet with the legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all the 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 flea 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. ll'you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure
suit proceeds forward.
If you are represented by a lawyer, you rind 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 the 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
our 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. THiS PROGRAM 1S FREE.
Respectfully submitted:
0j
Date Melissa J. Cantwell, Esq., Id. No. 308912
Signature of Counsel for Plaintiff
US /V37YU 13 14:3 1 I EL VUUVVUVV
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date _
Cumberland County Court of Common Please Docket # _
BORROWF,R 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:
CUSTOM I IV1 RI MARY APPLICANT
Borrower name(s):
Property Address: _
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: _ State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Emma 1"
Mailing Address:
City: State: Zip:,
Phone Numbers: Home: Office:
Cell: Other:
Email:
4 of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan: .._.
Loan Number: Date you Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Cast Payment: T
UDJV3JZU13 14:32 ItL UVUVUVUU
VU3 /V I
Primary Reason for Default'
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
_A Amount Owed Value:
1110111c: $ $
Other Real L;state: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year: _
Amount owed: Value:
O ther transportation automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
3.
1.
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)
E XPENSE, AMOUNT EXPENSE AMOUNT _
Mortgage Food
2" Mortgage Utilities _ - -- - --
Car Payment(s) Co Tees
Auto Insurance Med. (not covered)
Auto fuel/repairs _ Other p rop. p ayment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Fxpenws_
V�P/VJIZV16 14:dZ ItL VVUVUVVV 004 /010
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
I-lave 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 f No
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's
loan servicing company:
Lender's Contact (Name): _ Phone: _
Servicing Company (Name): _
Contact: Phone:
V0 /lTd /YUId T�:33 ItL UUVVUVVV
-- _ 10 UVt)/V 1V
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 air /are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAndarsmn ---- ' --F
' —�
Sheriff OF T^'^ ' ^— `''A�
�, ~w�
JodyS Smith f.
Chief Deputy 0,fr, 2013.M"Y 30 AM 11: 04
Richard VVStewart
Solicitor upnceop THE vxmnIF'p CUMBERLAND COUNTY
PENNSYLVANIA
Deutsche Bank Trust Company
Case Number
«s, |
22013-24222-2013-24222-
Samuel E. Michaels
|
SHERIFF'S RETURN OF SERVICE 05/06y2013 according law, served the^quested Notice of
Residential Mortgage Foreclosure Diversi:on P'rogram and Complaint in Mortgagl"Poteclosure by handing
a true copy to a person representing themselves to be Martha Kiner,wh ed sOccupantat811
Factory Street, Carlisle Borough, Carlisle, PA 17013.
0508X2013 Ronny R Anderson, Sheriff, who being duly sworn according ho law, states that he served the within
Notice of Residential Mortgage Foreclosure Diversion Program i Foreclosure
upon the within named defendant, Samuel E. Michaels, in the following manner: On May 08, 2013 the
Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the
defendant's last known address of 1607 Lyte Street, Apt. 105G, Dallas,TX 75201.The certified mail
return receipt card was received by the Cumberland.County Sheriffs Office signed by an Adult in Charge
(signature illegible)on May 15, 3013.
SHERIFF COST: $41.95 SO ANSWERS,
May 23,2013 RommY RxmuERSoN. SHERIFF
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete Items 1,2,and 3.Also complete
item 4 If Restricted Dellvery.is desired. 13 Agent
• Print your name and address on the reverse C3 Addressee
so that we can return the card to you. B. Recelve0b (PrintZ N;me) C. Dale of Pellvery
• Attach this card to the back of the mailpisce,
or on the front if space permits. I VIXI 13
1. Article Addressed to: D. Is delivery address different ftm item 17( 13'Y6s
If YES,enter delivery address below: E3 No
Samuel E. Michaels
1607 Lyte Street
Apt. 105G LQ
Dallas,Texas 75201-1687 3. service Type
0 Certified Mail 13 Express Mail
0 Registered C3 Return Receipt for Merchandise
13 Insured Mall 0 C.O.D.
4. Restricted Delivery?aFxft Fee) 13 yes
2. Article Number
(riansfer from service labeg ?007 0710 Q003 2210 �,, -337
Ps Form 3811,February 2004, Domestic Return Receipt 102595-02-W1640
i
CIF Tf'f PROTHONO�f/�f
Phelan Hallinan,LLP 1`
1617 JFK Boulevard, Suite 1400 {.�i SEP —4 AP da. 23
One Penn Center Plaza CUMBERLAND y
Philadelphia, PA 19103 FEt�Pd,YLVA�fA'T y
215-563-7000 Attorne for Plaintiff
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- Civil Division
NC4
Plaintiff CUMBERLAND County
VS. No. 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order
directing service of the Complaint upon the above-captioned Defendant, SAMUEL E.
MICHAELS, by first class mail to SAMUEL E. MICHAELS at the last known address, 1607
LYTE STREET, APARTMENT 105G, DALLAS, TX 75201-1684 and the mortgaged premises,
811 FACTORY STREET, CARLISLE, PA 17013-1352; posting of the mortgaged premises, 811
FACTORY STREET, CARLISLE, PA 17013-1352; and publication pursuant to Pa. R.C.P. 430,
and in support thereof avers the following:
319324
1. Attempts to serve Defendant, SAMUEL E. MICHAELS,personally with the
Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve
the Defendant at the mortgaged premises, 811 FACTORY STREET, CARLISLE, PA 17013-
1352. As indicated by the Return of Service, an adult in charge accepted service of the
Complaint at said address. Service is invalid as Plaintiff cannot confirm the relationship of the
individual served to the Defendant, or if the Defendant resides at said address. A true and
correct copy of the Return of Service is attached hereto,made part hereof, and marked as Exhibit
2. The Plaintiffs Process Server attempted to serve the Defendant on MARCH 20,
2013, MARCH 22, 2013, JUNE 1, 2013, and JUNE 3, 2013 at 1607 LYTE STREET,
APARTMENT 105G, DALLAS, TX 75201-7684. As indicated by the Affidavit of Service, no
service was made as there was no response to the attempts made by the Plaintiff's Process
Server. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof,
and marked as Exhibit "B".
3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the
Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific
inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part
hereof, and marked as Exhibit"C".
4. Plaintiff contacted the Prothontary's Office and as of JULY 9, 2013 no Judge has
previously entered a ruling in this case.
319324
5. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a
copy of its Proposed Motion for Special Service and Order to the Defendant on August 15, 2013
and requested Defendant's concurrence. Plaintiff did not receive any written response from the
Defendant. A true and correct copy of Plaintiffs August 15, 2013 letter and postmarked
certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and
marked Exhibit "D".
6. Plaintiff has reviewed its internal records and has not been contacted by the
Defendant to bring loan current.
7. Plaintiff submits that it has made a good faith effort to locate the Defendant but
has been unable to do so.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by
publication.
Respectfully submitted,
PHELAN HALLIN P
Dater] By:
` 9 Vito"nF. an LP
tucke�nt, Esq., Id. No.309519
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite*1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
319324
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000 Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- Civil Division
NC4
Plaintiff CUMBERLAND County
vs. No. 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION
FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT
I. FACTUAL BACKGROUND
Attempts to serve Defendant, SAMUEL E. MICHAELS, with the Complaint have been
unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the
mortgaged premises, 811 FACTORY STREET,CARLISLE, PA 17013-1352. The Plaintiff's
Process Server attempted to serve at 1607 LYTE STREET, APARTMENT 105G, DALLAS, TX
75201-7684. As indicated by the Return of Service and Affidavit of Service, no service was
made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the
whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the
specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's
counsel has reviewed its internal records and has not been contacted by the Defendant to bring
loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the
Defendant but has been unable to do so.
319324
II. LEGAL AUTHORITY
Pennsylvania Rule of Civil Procedure 430(a) specifically states:
If service cannot be made under the applicable rule, the plaintiff may move the court
for a special order directing the method of service. The motion shall be
accompanied by an affidavit stating the nature and extent of the investigation which
has been made to determine the whereabouts of the defendant and the reasons why
service cannot be made.
Pa.R.C.P. 430(a)(2009).
In particular:
An illustration of a good faith effort to locate the defendant includes (1) inquiries
of postal authorities including inquiries pursuant to the Freedom of Information
Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and
employers of the defendant, and (3) examinations of local telephone directories,
voter registration records, local tax records, and motor vehicle records.
Id. at 430(a)n.
Similarly,the Pennsylvania Superior Court has gone on to explain that, "While by no
means exhaustive,this Note is at least indicative of the types of procedures contemplated by the
legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633,
559 A.2d 941, 946(1989), Upeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such
proof has been offered is the Court authorized to direct another method of substitute service. See
id.
In the instant case, as indicated by the Return of Service and Affidavit of Service, the
Sheriff and Plaintiff's Process Server has been unable to serve the Complaint. Plaintiff has made
a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of
due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430
directing service of the Complaint by first class mail,posting, and publication.
319324
III. CONCLUSION
As indicated by the Return of Service and Affidavit of Service, the Sheriff and Plaintiff's
Process Server has been unable to serve the Complaint upon the Defendant. Plaintiff has made a
good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due
diligence.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and
publication.
Respectfully submitted,
PHELAN HALLINAN,
Date: '/ By:
Allis in F German ,Id.No.309519
A for Plaintiff
319324
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000 Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- Civil Division
NC4
Plaintiff CUMBERLAND County
vs. No. 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
CERTIFICATION OF SERVICE
The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special
Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to
the individual as indicated below by first class mail, postage prepaid, on the date listed below.
SAMUEL E. MICHAELS
1607 LYTE STREET, APARTMENT 105G
DALLAS, TX 75201-1684
SAMUEL E. MICHAELS
811 FACTORY STREET
CARLISLE, PA 17013-1352
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Respectfully submitted,
PHELAN HALLINAN; LLP
Date: By:
A ison . ucke q., Id.No.309519
A ey f
319324
Exhibit "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheurff
�Q��g of
Jody S Smith "
Chief Deputy 6
Richard W Stewart
Solicitor omits or THE sKCRXF
Deutsche Bank Trust Company
Case Number
VS.
Samuel E.Michaels 2013-2422
SHERIFF'S RETURN OF SERVICE
05106/2013 07:09 PM-Deputy Shawn Harrison,being duly sworn according to law,served th uested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgag eclosure by handing
a true copy to a person representing themselves lobe Martha Kiner,wh ed s Occupant at 811
Factory Street,Carlisle Borough,Carlisle, PA 17013.
f
SHAM HAVZjW9, DEPUTY
05/08/2013 Ronny R Anderson,Sheriff,who being duly sworn according to law,states that he served the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
upon the.within named defendant,Samuel E.Michaels,in the following manner;On May 08,2013 the
Sheriff mailed by certified mail,return receipt requested a true and correct copy of the within Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the
n
defendants last know address of 1607 Lyle Street,Apt. 1056,Dallas,TX 75201.The certified mail
return receipt card was received by the Cumberland County Sheriff's Office signed by an Adult in Charge
(signature illegible)on May 15,2013.
SHERIFF COST:$41.95 SO ANSWERS,
May 23,2013 RON R ANDERSON,SHERIFF
to CounlySuRo ShW1,Telewfl.Inc.
_Exhibit "B"
e+ �
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE
FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4 PHS 0 319324
DEFENDANT SFAVICK TEAMf alit
SAMUEL L MICHAFLS COURT NO..13-2422 CIVIL
SERVE SAMUEL E.MICIIAELS AT: TYPE OF ACTION
1607 LYTE STREET XX Mortgage Foreclosure
APARTMENT 1050 XX Civil Action
DALLAS,TX 75201-1684
AERMID
Served and made known to 5AMIML B,MICHAELS,Defendant on the day of ,20- ,at
o'clock_,M.,at in the manner described below:
Defendant personally served.
Aduitfamily member with whom Defendant(s)reside(s).
Relationship is
_Adult in charge of Defendant's residence who refused to give name or relationship,
—Manager/Clerk of place of lodging In which Defendant(s)reside(s).
Agent or person in charge of Defendant's office or usual place of business.
_an officer of said Defendant's company.
Other.
Description: Age Height Race Sex Other
I, ,a competent adult,being duly sworn according to law,depose and state that I personally
handed a true and correct copy of the ForeclosurrsComp�sint in the mannct as set forth herein,issued in the captioned
case on the date and at the address Indicated above.
Sworn to and subscribed
before me this day
'
of 20
Notary: By:
�0 IV �7 .
On that' day off, �,20A�at o clock„ M,1; ~ ry rr." �a competent adult hereby state that
Defendant EvoT FO ecause:
_Vacant Docs Not Exist _ Move, _Docs.NdtAixide{loot_Vicant) o
Vi loo Answer on -. atat. ,l i.:min -ADd/3 i o 8' 7:1 A+w
Service Refused
Other:
Swornitlantlsub gibed ��rY scfF ,7J�
bef it nie this da ,�,' p
�° ' y
Uf By:
Notary- ATT(jHWK*Y FOR PLAINTITI' Chrisovalante P.Fliakos,Esq.,Id.No.94620
i L1Wrcncc'f:Pbclnn.Esq.,ld,No.3227.7 Courtanay R.Dunn,Esq.,Id.No.206779
tnticis,5..1lollinnn,Esq:,lit.No,62695 Allison P.Zuckerman,Esq.,Id.No.309519
Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq„Id.No.308912
Michele M.Bradford,Esq.,id.No.69849 Marlo I.Hanyon,Esq.,id.No.203993
Judith T.Romano,Esq.,id,No.58745 John M.Kolesnik,Esq.,Id.No.308877
Junin R.Davey,Esq.,id.No.87077 Matthew 0.Brushwood,Esq.,Id.No.310592
Lauren R.Tabas,Esq.,ld,No.93337 Zachary J.Jonas,Esq.,Id.No.310721
Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Ed.No.700392
Andrew L,Spivack,Esq„Id.No.84439 Adam Davis,Esq.,Id.No.203034
JOSEPH E.DEBARBERIE,Esq.,Id.No.
315421
1
.ti
n �
Process Server Check U ,
if service is Made: Spouses Names if Applicable
Husband: t
Divorced: Yes ( ) NO
i.
Nn Service iV�ade '
1. vacant: Yes ( ) No
2. is there a name on the mailbox? is it the defendants?
\0 i
3 . Neighbor Contact:Yes NO
3
Left Side:,
Right Side:
`� m
re.
-���e. �-�.VS'fa � I D'! .c.� .
ca�(t d ye
55
4. For Sale Sign: Yes ( ) No C.
Realtor Name:
Company Name:
Phone Number:
5 . Car in Drive Way Yes { ) No ( \.,e}
t Plate Number:
Exhibit "C"
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 319324
Attorney Firm: Phelan,Hallinan& Schmieg,LLP
Subject: Samuel E.Michaels
Property Address: 811 Factory Street,Carlisle,PA 17013
Possible Mailing Address: 1607 Lyte Street,Apartment 105G,Dallas,TX 75201
1.CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following information to be true and correct
Samuel E.Michaels-xxx-xx-0684
B. EMPLOYMENT SEARCH
Samuel E.Michaels-A review of the credit reporting agencies provided no
employment information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Samuel E. Michaels reside(s) at:1607 Lyte
Street,Apartment 105G,Dallas,TX 75201.
II.INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Our office searched directory assistance databases,which had no listing for Samuel E. i
Michaels.
B. On 03-25-13 our office made a telephone call to a possible phone number of the
subject(s) (717) 620-9334 and received the following information: disconnected.
III. INQUIRY OF NEIGHBORS
On 03-25-13 our office made several phone calls in an attempt to contact Tanya L.
Hockley(717)249-6619,807 Factory Street,Carlisle,PA 17013:answering machine.
On 03-25-13 our office made several phone calls in an attempt to contact Roland L.
Sheaffer Jr. (717)422-5748,815 Factory Street,Carlisle,PA 17013: answering machine.
On 03-25-13 our office made several phone calls in an attempt to contact Carl T.
Marston III (717)243-8782,817 Factory Street,Carlisle,PA 17013: answering machine.
On 03-25-13 our office made a phone call in an attempt to contact Ashlee Wells (972)
707-0812,1607 Lyte Street,Apartment 102A,Dallas,TX 75201:disconnected.
On 03-25-13 our office made several phone calls in an attempt to contact Michael J.
Nehring(214)953-3993,1607 Lyte Street,Apartment 301A,Dallas,TX 75201:no
answer.
On 03-25-13 our office made several phone calls in an attempt to contact Russell W.
Kalk(214) 965-9062,1607 Lyte Street,Apartment 105F,Dallas,TX 75201: answering
machine.
IV. ADDRESS INQUIRY
A. NATIONAL ADDRESS UPDATE
On 03-25-13 we reviewed the National Address database and found the following
information:Samuel E.Michaels-1607 Lyte Street,Apartment 105G,Dallas,TX
75201.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors,the following is a possible mailing address:1607 Lyte
Street,Apartment 105G,Dallas,TX 75201,
V.OTHER INQUIRIES
A. DEATH RECORDS
As of 03-25-13 Vital Records and all public databases have no death record on file for
Samuel E.Michaels.
VI.ADDITIONAL INFORMATION OF SUBJECT
A. YEAR OF BIRTH
Samuel E.Michaels-1981
B. A.K.A.
Samuel Everett Michaels
*Our accessible databases have been checked and cross-referenced for the above
named individual(s).
*Please be advised our database information indicates the subject resides at the
current address.
I hereby verify that the statements made herein are true and correct to the best of my
knowledge,information and belief and that this affidavit of investigation is made subject to
the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities.
The above information is obtained from available public records
and we are only liable for the cost of the affidavit.
E
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
FAX4: 215-568-7616
Brad Davis,Ext 1394 Representing Lenders in
Service Department Pennsylvania
August 15,2013
SAMUEL E. MICHAELS
811 FACTORY STREET
CARLISLE,PA 17013-1352
SAMUEL E. MICHAELS
1607 LYTE STREET,APARTMENT 105G
DALLAS,TX 75201-1684
RE: DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-NC4 v. SAMUEL E. MICHAELS
Premises Address: 811 FACTORY STREET,CARLISLE,PA 17013-1352
CUMBERLAND County,No. 13-2422 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion for Special Service
and Order. In accordance with CUMBERLAND County Local Rule 208.3(9),1 am seeking
concurrence with the requested relief that is, service of the complaint by first class mail and
p fl - .of the mortgaged premises.Please respond to me within one week,by
os'l
Should you have any further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very trOl
n F. Zucke Esq., Id,No.309519
Atto r .ftPl"'H
319324
e
Name and Phelan Hellinan,LLP ,g
Address Of y 1617 IFK Boulevard,Suite 1400
Sender One Penn Center Plaa
Philadelphia,PA 19103 .+ 4t)
Line Article Number Name of Addressee,Street,and Post Office Address Postage +r
I •••• SAMUEL E.MICHAELS $0.46 $g
811 FACTORY STREETs�S
CARL SLE,PA 17013-1352
2 SAMUEL E.MICHAELS $0.46
1607 LYTE STREET
APARTMENT 105G
DALLAS,TX 75201-1684
RE:SAMUEL E.MICHAELS(CUMBERLAND) TEAM 4 PH#3193241021 ge 1 of 1 50.92
ToW Nm ber of Toni Nmiba ofPieen Patmava,Pa(Nora of The adl dwhradm of vsim 4 on au domeak and burg RIDS .
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Form 3877 Fsaaimile y ;
i
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I
319324
l
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- Civil Division
NC4
Plaintiff CUMBERLAND Cou�y
vs. No. 13-2422 CIVIL nco v,
z rn r*�
SAMUEL E. MICHAELS �'—. C)
Defendant
c3 CD t-a
ORDER
AND NOW, this !O day of 5�o r{.-�w , 2013, upon consideration of Plaintiff's
motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED,
that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain service of the
Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on
the above captioned Defendant, SAMUEL E. MICHAELS, by:
1. Posting of the premises: 811 FACTORY STREET, CARLISLE, PA
17013-1352 by the Sheriff or a non-party competent adult; and
2. First class mail to SAMUEL E. MICHAELS at the last known address,
1607 LYTE STREET,APARTMENT 105G, DALLAS, TX 75201-1684 and the
mortgaged premises located at 811 FACTORY STREET, CARLISLE, PA 17013-1352.
Service by mail is complete upon the date of mailing.
PH# 319324BSP
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file
a certificate of service with the Prothonotary's office to ensure compliance with this Court Order.
BY TJIE COUiR/T:
J.
*Prior to fulfilling the requirements of service of Notice of Sale as set/thevent n this Order, Plaintiff must first
attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In this attempted service is not
successful,Plaintiff may proceed with service of the Notice of Sale in cony with this Order.
Cc:SAMUEL E. MICHAELS
811 FACTORY STREET,
CARLISLE,PA 17013-1352
SAMUEL E. MICHAELS
1607 LYTE STREET,APARTMENT 105G
DALLAS,TX 75201-1684
y
g/io/r 3
fir)
PH# 319324/BSP
'r
F -ED--&F 10E
PHELAN HALLINAN,LLP 2013 SEP 20 AM 10 6
Allison F.Zuckerman,Esq.,Id.No.309519
1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza P E N N S Y LVA N T A
Philadelphia,PA 19103
allison.zuckerman@phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST CIVIL DIVISION
2006-NC4
Plaintiff CUMBERLAND COUNTY
vs.
SAMUEL E.MICHAELS No. 13-2422 CIVIL
Defendants
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
PHEL ABy: ison
Attorney for Plaintiff
Date: a-W13-r
/sdk, Svc Dept.
File#813082 n
cr�� �ayg`a
1.7� .29SPS
Phelan Hallinan,LLP
Allison F. Zuckerman,Esq., Id. No.309519 ATTORNEYS FOR PLAINTIFF 2 4
allison.zuckerman @phelanhallinan.com -ti= w 7" _
1617 JFK Boulevard, Suite 1400 ma) -
One Penn Center Plaza col— 1 c?
Philadelphia,PA 19103 ....c>
215-563-7000 r—= 4—lc-,.
Xo --r• CD'
DEUTSCHE BANK NATIONAL TRUST COMPANY, -
AS TRUSTEE FOR MORGAN STANLEY ABS
:. A'
CAPITAL I INC TRUST 2006-NC4 COURT OF COMMON PLEA
Plaintiff CIVIL DIVISION
CUMBERLAND COUNTY
vs.
SAMUEL E. MICHAELS No. 13-2422 CIVIL
Defendant(s)
AFFIDAVIT OF SERVICE OF COMPLAINT
BY MAIL PURSUANT TO COURT ORDER
I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage
Foreclosure in the above captioned matter was sent by regular mail to the following persons,
SAMUEL E. MICHAELS at 1607 LYTE STREET, APARTMENT 105G, DALLAS, TX 75201-
1684 and 811 FACTORY STREET, CARLISLE, PA 17013-1352 on September 27, 2013, in
accordance with the Order of Court dated September 10, 2013. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification
to authorities.
Phelan Hallinan, LLP
DATE: By: ,i 'Isi
• ? n F. Illgr .•, sq., Id. No.309519
Attorney for Plaintiff
Phelan Hallinan, LLP
PH#813082
AFFIDAVIT OF SERVICE—CUMBERLAND SDK
PLEASE POST BY: 10/20/2013
PLAINTIFF COUNTY: CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
COMPANY,AS TRUSTEE FOR MORGAN COURT NO. 13-2422 CIVIL
STANLEY ABS CAPITAL I INC TRUST 2006-NC4
DEFENDANT
SAMUEL E. MICHAELS TYPE OF ACTION
XX Mortgage Foreclosure
SERVE AT: Eviction
811 FACTORY STREET, CARLISLE,PA 17013- XX Civil Action
1352 Complaint on Promissory Note
***PLEASE POST THE PROPERTY***
***IN ACCORDANCE WITH THE*****
***ATTACHED COURT ORDER******
Served
Post�ed� arid ade known S UEL E.MICHAELS,Defendant on the ( day of �T — ,20�3
at -LJ —o'clock, M.,at 811 FACTORY STREET,CARLISLE,PA 17013-1352,in the manner described below:
Defendant person y served.
Adult family member with whom Defendant(s)reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name/relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an office of said defendant company.
Other
Description: Age Height Weight Race Sex Other
I, At _,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct
copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this
statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to�unsworn falsification to authorities.
DATE: i (((' i / 1 eC NAME: AUK/ 9 -PRINTED NAME: APCZt.t 31- bell
TITLE: k7 �S S z t4 T2
NOT SERVED w
On the day of ,20_,at o'clock;M.,Defendant NOT FOUND because: CO CZ> rj
_Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) "'"t 7---
_No Answer on at , at ..G Imo' 4,
Service Refused <..-.. zv. 2--.
=O ca
Other. Yom„ tR t
T
PH#813082
4.
a ��
PHELAN HALLINAN, LLP " 3 a 1` ! 3 Am 10 Attorney for Plaintiff
Jonathan Lobb,Esq., Id.No.312174
1617 JFK Boulevard, Suite 1400 f l h: .BLAND COUNT
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
Jonathan.Lobb @phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST : CUMBERLAND COUNTY
COMPANY,AS TRUSTEE FOR : COURT OF COMMON PLEAS
MORGAN STANLEY ABS CAPITAL I
INC TRUST 2006-NC4 : CIVIL DIVISION
vs. : No. 13-2422 CIVIL
SAMUEL E. MICHAELS
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant SAMUEL E. MICHAELS is over 18 years of age and has last
known addresses at 1607 LYTE STREET, APARTMENT 105G, DALLAS, TX 75201-1684 and
811 FACTORY STREET, CARLISLE, PA 17013-1352.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date / 1Z//3
P an Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
813082
•
Results as of:Nov-12-2013 05:51:50
Department. of Defense Manpower Data Center
�
-..... SCRA 3.0
Stagy
F a Refit port
� Civil Relief pct t to e3
Last Name: MICHAELS
First Name: SAMUEL
Middle Name: E
Active Duty Status As Of: Nov-12-2013
On Active Duty On:Adive Duty Status Date
Active fluty Start Data '.. Active 'End Date?: _ ... t±:r$. ?...;. Service Component
NA NA F :° � t+le NA
This response reflects the mdi rt&rals'active duty St$tu$based or tiQ ll Status Date
Left t Active Duty WIthtn 367 Days of Actives Duty Status Date
Active Duty,Start Date Active Duty End Date-' 'Status ''Service Component
NA NA ,!Na NA
This response reflects whore ttie individual left active duty states within 367 days preceding the Active Duty Status Date
The Member or Fi s/Her Unit Was Not fled of a Future Call-Up(a,Active Ditty',on Active Dilly Status Data •
Order Natifloallon Stott Data Order Nett/1000n End Data
Servtca'Ct„mpanerd
NA NA tlj '`No NA
This response reflects whether the individual or his/her unit has received eattiotdic ion 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.
41(jtAll YA.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
k1F i PFt0I FiON4o 1Ar�� i
PHELAN HALLINAN, LLP L jlp Attorney for Plaintiff
Adam H. Davis,Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 191.03
Adam.Davis@PhelanHallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY
COMPANY, AS TRUSTEE FOR
MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS
INC TRUST 2006-NC4 ,
CIVIL DIVISION
VS.
No. 13-2422 CIVIL
SAMUEL E. MICHAELS
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against SAMUEL E. MICHAELS,
Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as
follows:
As set forth in Complaint $71,567.67
TOTAL $71,567.67
I hereby certify that(1) the Defendant's last known addresses are 1607 LYTE STREET,
APARTMENT 105G, DALLAS, TX 75201-1684 and 811 FACTORY STREET, CARLISLE,
PA 17013-1352, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date l
Adam H. Davis, Esq., Id. No.203034
Attorney f Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. + '
DATE:
PH#813082 PROTHONOTARY
aml G, a
j 3()
813082
�-aq�3g3
��G U (III lej
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H.Davis,Esq., Id. No.203034
1617 JFK Boulevard, Suite 1.400
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY
COMPANY,AS TRUSTEE FOR COURT OF COMMON PLEAS
MORGAN STANLEY ABS CAPITAL I
INC TRUST 2006-NC4 CIVIL DIVISION
VS. No. 13-2422 CIVIL
SAMUEL E.MICHAELS
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant SAMUEL E. MICHAELS is over 18 years of age and has last
known addresses at 1607 LYTE STREET, APARTMENT 105G, DALLAS, TX 75201-1684 and
811 FACTORY STREET, CARLISLE, PA 17013-1352.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Phelan Hallinan,LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
813082
Department of Defense Manpower Data Center Results as of:Nov-18-2013 12:07:34
SCRA 3.0
St$f RtTmt
l sumt to Se vicemeniNn Civil Relief Act,
Last Name: MICHAELS
First Name: SAMUEL
Middle Name: E
Active Duty Status As Of: Nov-18-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA}r �pt*�r r ,..�+. ,- 11 x N�o`*x'l
NA
car.;...,...,,,,,,, ! w.,.. ,,.�,�,.,..
This response reflects the lndividuals'.aotive duty status based on ihe_Acl'rve Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date AcfNe Duty End Date Status Service Component
! {{ yy I
NA Kl,r,�,,r.NA '�.°..-�. "Xf1 � '4 7�� a'N� ':��. y NA
i
This response reflects" fhb individual left active duty sta}tuts.ywhhin 367 days preceding th}e.A_ctive DLty Status Dale
la
The Member or HisfHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date - Order Notification End Date Status Service Component
NANA`;,, NA
This response reflects whether the individual or his/her unit has received early notcation to report for active duty
�,.�--_ ''mot'• y,��, '^ ,.
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.
I
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
(Rule of Civil Procedure No. 236) - Revised
DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY
COMPANY,AS TRUSTEE FOR ,
MORGAN STANLEY ABS CAPITAL I COURT OF COMMON PLEAS
INC TRUST 2006-NC4 ,
VS. CIVIL DIVISION
SAMUEL E. MICHAELS No. 13-2422 CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on I� ' -3
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
81.3082
DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS
COMPANY, AS TRUSTEE FOR MORGAN CIVIL DIVISION
STANLEY ABS CAPITAL I INC TRUST 2006-NC4
Plaintiff NO. 13-2422 CIVIL
V. '
SAMUEL E.MICHAELS CUMBERLAND COUNTY
Defendant(s)
TO: SAMUEL E.MICHAELS
1607 LYTE STREET,APARTMENT 1.05G
DALLAS,TX 75201-1684
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY,
IMPORTANT.NOTICE._
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 1
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER t
IMPORTANT RIGHTS.
r
YN SHOULD TAKE T)41 ,PAPER TC7 YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:.
JQ06thw Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#8 13082
DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS
COMPANY, AS TRUSTEE FOR MORGAN CIVIL DIVISION
STANLEY ABS CAPITAL I INC TRUST 2006-NC4 {
Plaintiff NO. 13-2422 CIVIL
V.
SAMU.EI.E.MICHAELS CUMBERLAND COUNTY
Defendant(s)
TO: SAMUEL E.MICHAELS
811 FACTORY STREET
CARLISLE,PA 17013-1352
DATE OF NOTICE:... ..__
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT.ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED '
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:
J ath=,Lobl: Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 191.03
PH#813082
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR COURT OF COMMON PLEAS
MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4
Plaintiff CIVIL DIVISION
V. NO.: 13-2422 CIVIL
SAMUEL E.MICHAELS
Defendant(s) CUMBERLAND COUNTY
s
To the Prothonotary:
Issue writ of execution in the above matter:,
Amount Due $71,567.67
Interest from 11/20/2013 to Date of Sale $1,328.88
($11.76 per diem)
TOTAL $72,896.55
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PH#813082
� a�yse
(t it r=te `;N
n
cr
CL# ������
X09,30/� � �
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of Carlisle,Cumberland County,Pennsylvania,
more particularly bounded and described as follows,to wit:
ON the South by No. 809 Factory Street;on the West by Factory Street and on the North by No.813 Factory
Street and on the East by property now or formerly of Russell K.Lackey,et. al,having a frontage of 16 feet 3
inches,more or less,on Factory Street and extending in depth,at that width, 90 feet;and being improved with
the southern half of a 2-story frame dwelling house known as No.811 Factory Street.
THE GRANTORS also grant and convey to the said Grantees,their heirs and assigns, (1)the easement of a
right of way,appurtenant to the land herein conveyed,over a strip of land 10 feet in width extending
Eastwardly for 90 feet from Factory Street as created in the deed of H.A.Lackey to B.F.Lackey of March
11, 1913,and recorded in Deed Book'Y',Vol.7,Page 375; (2)the easement of right or way,appurtenant to
the land herein conveyed,over a strip of land 10 feet wide immediately to the East of the eastern boundary of
land now or formerly of J.Roy Strock and wife and extending in length for 16 1/2 feet,more or less,if the
Grantors have or can convey such an easement; (the warranty in this deed shall not extend to the easement
herein given in(2));(3)the easement of a right of way,appurtenant to the land herein conveyed,over a strip
of land 10 feet wide,immediately to the East of the eastern boundary of the land of the Grantors extending in
length 49 1/2 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.
TITLE TO SAID PREMISES IS VESTED IN Samuel E. Michaels, adult individual, by Deed
from William L. Neidigh and Karen M. Neidigh, h/w and Brian Peiffer, adult individual and
Susan Smith, adult individual, dated 02/07/2006, recorded 02/09/2006 in Book 273, Page 575.
PREMISES BEING: 811 FACTORY STREET,CARLISLE,PA 17013-1352
PARCEL NO.06-19-1643-228.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-2422 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC TRUST 2006-NC4 Plaintiff(s)
From SAMUEL E. MICHAELS
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEES)as follows:
and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof,
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $71,567.67 L.L.: $.50
Interest FROM 11/20/2013 TO DATE OF SALE($11.76 PER DIEM)-$1,328.88
Atty's Comm: Due Prothy: $2.25
Atty Paid: $202.45 Other Costs:
Plaintiff Paid:
Date: 11/19/13
�-
David D. Buell,Prothonotary
(Seal) �8 �, dQi►
Deputy
REQUESTING PARTY:
Name: ADAM H. DAVIS,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for:PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
PHELAN HALLINAN, LLP
��.�� � Attorneys for Plaintiff
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza COUNT Y
Philadelphia, PA 19103 CUhi13�RL A �A,tiR A
Adam.Davis @PhelanHallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS
TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC
TRUST 2006-NC4 CIVIL DIVISION
Plaintiff
NO.: 13-2422 CIVIL
V.
SAMUEL E.MICHAELS CUMBERLAND COUNTY
Defendant(s)
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
( ) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
(X) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 1.1-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By: &X&
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS
TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I
INC TRUST 2006-NC4 CIVIL DIVISION
Plaintiff
NO.: 13-2422 CIVIL
V.
SAMUEL E. MICHAELS CUMBERLAND COUNTY
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I
INC TRUST 2006-NC4,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of
Execution was filed,the following information concerning the real property located at 811 FACTORY STREET,CARLISLE,PA
17013-1352.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate) C) c 4
SAMUEL E.MICHAELS 1607 LYTE STREET,APARTMENT 105G '0
DALLAS,TX 75201-1684 01
811 FACTORY STREET _n
CARLISLE,PA 17013-1352 O ;
7
2. Name and address of Defendant(s)in the judgment: }
Name Address(if address cannot be reasonably —A ,,A
ascertained,please so indicate) 1
SAMUEL E.MICHAELS 1607 LYTE STREET,APARTMENT 105G
DALLAS,TX 75201-1684
811 FACTORY STREET
CARLISLE,PA 17013-1352
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
NEW CENTURY MORTGAGE 18400 VON KARMAN
CORPORATION SUITE 1000
IRVINE,CA 92612
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
PH# 813082
z
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 811 FACTORY STREET
CARLISLE,PA 17013-1352
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: t7��y By:
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 1.9103
215-563-7000
PH#813082
M1
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS
TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC
TRUST 2006-NC4 CIVIL DIVISION
Plaintiff NO.: 13-2422 CIVIL
VS.
CUMBERLAND WU Y r`,!
SAMUEL E. MICHAELS '
Defendant(s) .'`
-c w-
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
z CD
TO: SAMUEL E. MICHAELS SAMUEL E. MICHAELS --I
1607 LYTE STREET,APARTMENT 105G 811 FACTORY STREET - '
DALLAS,TX 75201-1684 CARLISLE, PA 17013-1352
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house(real estate) at 811 FACTORY STREET,CARLISLE,PA 17013-1352 is scheduled to be
sold at the Sheriff's Sale on 03/12/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover
Street, Carlisle,PA 17013 to enforce the court judgment of$71,567.67 obtained by DEUTSCHE BANK
NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC
TRUST 2006-NC4(the mortgagee) against you. In the event the sale is continued, an announcement will be
made at said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
Y
1. `If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
' price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten(10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800) 990-9108
r,1
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13-2422 CIVIL
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-NC4
V.
SAMUEL E. MICHAELS
owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County,
Pennsylvania, being
811 FACTORY STREET, CARLISLE, PA 17013-1352
Parcel No. 06-19-1643-228.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $71,567.67
Attorneys for Plaintiff
Phelan Hallinan, LLP
1
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of Carlisle,Cumberland County,Pennsylvania,
more particularly bounded and described as follows,to wit:
ON the South by No.809 Factory Street; on the West by Factory Street and on the North by No. 813 Factory
Street and on the East by property now or formerly of Russell K.Lackey,et.al,having a frontage of 1.6 feet 3
inches, more or less,on Factory Street and extending in depth,at that width,90 feet;and being improved with
the southern half of a 2-story frame dwelling house known as No. 811 Factory Street.
THE GRANTORS also grant and convey to the said Grantees,their heirs and assigns,(1)the easement of a
right of way,appurtenant to the land herein conveyed,over a strip of land 10 feet in width extending
Eastwardly for 90 feet from Factory Street as created in the deed of H.A.Lackey to B.F.Lackey of March
11, 1913,and recorded in Deed Book'Y',Vol.7,Page 375;(2)the easement of right or way,appurtenant to
the land herein conveyed,over a strip of land 10 feet wide immediately to the East of the eastern boundary of
land now or formerly of J.Roy Strock and wife and extending in length for 16 1/2 feet,more or less,if the
Grantors have or can convey such an easement;(the warranty in this deed shall not extend to the easement
herein given in(2));(3)the easement of a right of way,appurtenant to the land herein conveyed,over a strip
of land 10 feet wide,immediately to the East of the eastern boundary of the land of the Grantors extending in
length 49 1/2 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.
TITLE TO SAID PREMISES IS VESTED IN Samuel E. Michaels, adult individual, by Deed
from William L. Neidigh and Karen M. Neidigh, h/w and Brian Peiffer, adult individual and
Susan Smith, adult individual, dated 02/07/2006,recorded 02/09/2006 in Book 273, Page 575.
PREMISES BEING: 811 FACTORY STREET,CARLISLE,PA 17013-1352
PARCEL NO.06-19-1643-228.
1 +t r ILL'
+ r 11L, t tiUNO TAR`{
2'R JA -3 PM 1 f 3
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallman.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN •
STANLEY ABS CAPITAL I INC TRUST 2006- • Civil Division
NC4 •
Plaintiff • CUMBERLAND County
v. • No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on May 2, 2013.
2. Judgment was entered on November 19, 2013 in the amount of$71,567.67. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit "A".
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3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on March 12, 2014.
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $68,592.77
Interest Through December 19, 2013 $6,394.66
Late Charges $100.80
Legal fees $2,325.00
Cost of Suit and Title $1,034.85
Property Inspections $15.00
Escrow Deficit $1,414.69
TOTAL $79,877.77
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on December 31, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
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A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
10. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: 1/2.//q By:
John D. ohn, Esquire
ATTORNEY FOR PLAINTIFF
813082
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN .
STANLEY ABS CAPITAL I INC TRUST 2006- Civil Division
NC4 .
Plaintiff • CUMBERLAND County
v. : No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
SAMUEL E. MICHAELS executed a Promissory Note agreeing to pay principal, interest,
late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at
811 FACTORY STREET, CARLISLE, PA 17013-1352. The Mortgage indicates that in the
event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes,
insurance, and other items, in order to protect the security of the Mortgage.
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•
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
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its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums,taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
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III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action,the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriffs sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
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outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
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in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriffs sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
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The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
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violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
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WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: I/Z'lq By:
John D. hn, Esquire
Attorney for Plaintiff
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Exhibit "A"
813082
wry OF i J ' PRQTHQNQ1Ai, .;.
PHELAN HALLINAN, LLP 2j13 NOV 19 !1: 5 ' Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST : CUMBERLAND COUNTY
COMPANY,AS TRUSTEE FOR
MORGAN STANLEY ABS CAPITAL I : COURT OF COMMON PLEAS
INC TRUST 2006-NC4
: CIVIL DIVISION
vs.
: No. 13-2422 CIVIL
SAMUEL E.MICHAELS
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against SAMUEL E.MICHAELS,
Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as
follows:
As set forth in Complaint $71,567.67
TOTAL $71,567.67
I hereby certify that(1)the Defendant's last known addresses are 1607 LYTE STREET,
APARTMENT 105G,DALLAS, TX 75201-1684 and 811 FACTORY STREET, CARLISLE,
PA 17013-1352, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Date /(/l g/l3 Pe■at/ .
Adam H. Davis,Esq., Id. No.203034
Attorney f Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
4
•=9DATE: lAkC1l3 °'
PH#813082 PROTHONOTARY
0-1141 e61(31tit
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��G U f
•
Exhibit "B"
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PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
December 12, 2013
SAMUEL E. MICHAELS
1607 LYTE STREET
APARTMENT 105G
DALLAS,TX 75201-1684
RE: DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-NC4 v. SAMUEL E. MICHAELS
Premises Address: 811 FACTORY STREET CARLISLE,PA 17013
CUMBERLAND County CCP,No. 13-2422 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days,by 12/18/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
John D. Krohn, ysq., Id. No.312244
Attorney for Plaintiff
Enclosure
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•
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Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- • Civil Division
NC4 •
Plaintiff : CUMBERLAND County
•
v. • No.: 13-2422 CIVIL
•
SAMUEL E. MICHAELS
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
SAMUEL E. MICHAELS SAMUEL E. MICHAELS
1607 LYTE STREET 811 FACTORY STREET
APARTMENT 105G CARLISLE, PA 17013-1352
DALLAS, TX 75201-1684
SAMUEL E. MICHAELS
1607 LYTLE
105-G
DALLAS, TX 75201
Phelan Hallinan, LLP
DATE: fl Z,l 1 y By:
John D. ohn, Esquire
ATTORNEY FOR PLAINTIFF
813082
- t-4
l '.'` -8
6'C I'E,'fS i Lt-faits
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- • Civil Division
NC4 •
Plaintiff • CUMBERLAND County
v. • No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
RULE
AND NOW,this � day of 9,1,r 2014, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY TH. OURT
J.
813082
•
•
•
tf ' PRO THONQI .
2014 JAN 13 AID 9: 3 7
CUMBERLANO COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN •
STANLEY ABS CAPITAL I INC TRUST 2006- : Civil Division
NC4
Plaintiff • CUMBERLAND County
vs.
• No.: 13-2422 CIVIL
•
SAMUEL E. MICHAELS
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's January 8, 2014 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below.
SAMUEL E. MICHAELS SAMUEL E. MICHAELS
1607 LYTE STREET 811 FACTORY STREET
APARTMENT 105G CARLISLE, PA 17013-1352
DALLAS, TX 75201-1684
SAMUEL E. MICHAELS
1607 LYTLE
105-G
DALLAS, TX 75201
Phelan Hallin LLP
DATE: I/1*/,q By:
John D. Kro , Esq., Id. No.312244
Attorney for Plaintiff
813082
AFFIDAVIT OF SERVICE
• PLAINTIFF CUMBERLAND COUNTY
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE
FOR MORGAN STANLEY ABS CAPITAL 1 INC TRUST 2006-NC4 PH#813082
DEFENDANT SERVICE TEAM/Ixh
SAMUEL E.MICHAELS COURT NO.:13-2422 CIVIL
SERVE SAMUEL E.MICHAELS AT: TYPE OF ACTION v
1607 LYTE STREET XX Notice of Sheriff's Sale
APARTMENT 105G SALE DATE: March 12,2014 .e- �. ;;.
DALLAS,TX 75201-1684 me --o,,
SERVED O....., - c.:
Served and made known to SAMUEL E.MICHAELS,Defendant on the,aday ofd. ►�ck---\,20 La,aka y. C r
SS%6.S,o'clock f.M.,at t(on 1 t_.-'cam ,-,- C',@ } c -n the manner described below:
fendant personally served. ' pyV.�,T�-T' k Za �)
_Adult family member with whom Defendant(s)reside(s). �a ', 7-7'
Relationship is j co
Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s).
_Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
_Other:
Description: Age-S5-240 Height G Weight Race W Sex •��Other
I, . - \4-1"--&-***, ,a competent adult,being duly sworn according to law,depose and state that I personally
rcLU handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned
case on the date and at the address indicated above.
P Sworn to and subscribed �� �. �"'`-:S
before me this ti fh day
of Jaj r y ,20..
Notary: ' likJ By: NOT SERVED
On the dayy of 20 ,at o'clock_M.,I, ,a competent adult hereby
state thatTD Pendant NOT FOUND because:
Waw #�4ti _Vacant _Does Not Exist _Moved ,-„-Does Not Reside(Not Vacant)
. —No Answer on at ; at
—Service Refused
Other.
Sworn to and subscribed
before me this__��day B
of y:
Notary: ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
FEB -- Ail 10:
Ri P1,'4S YE.VA 14� T ,
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- • Civil Division
•
NC4
Plaintiff : CUMBERLAND County
vs. • No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
MOTION TO MAKE RULE ABSOLUTE
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-NC4, by and through its attorney, hereby
petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned
action, and in support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on January 3, 2014.
2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy
of its proposed Motion to Reassess Damages and Order to the Defendant on December 12, 2013
and requested the Defendant's Concurrence. Plaintiff did not receive any response from the
813082
Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
3. A Rule was issued by the Honorable Kevin A. Hess on or about January 8, 2014
directing the Defendant to show cause by January 28, 2014 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit B.
4. The Rule to Show Cause was timely served upon all parties on January 13, 2014
in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit C.
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
January 28, 2014.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiffs Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: 2/11 /4 By:
John D. Kr , Esq., Id.No.312244
Attorney for Plaintiff
813082
•
Exhibit "A"
813082
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia,PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
December 12,2013
SAMUEL E.MICHAELS
1607 LYTE STREET
APARTMENT 105G
DALLAS, TX 75201-1684
RE: DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-NC4 v. SAMUEL E. MICHAELS
Premises Address: 811 FACTORY STREET CARLISLE,PA 17013
CUMBERLAND County CCP,No. 13-2422 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment. Please
respond to me within 5 days,by 12/18/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
John D. Krohn, q., Id. No.312244
Attorney for Plaintiff
Enclosure
813082
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•
Exhibit "B"
813082
R �l';'' —8 I 1: '
FrL,`
ENNSY LVA idly,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY,AS TRUSTEE FOR MORGAN •
STANLEY ABS CAPITAL I INC TRUST 2006- • Civil Division
NC4 •
Plaintiff • CUMBERLAND County
v. • No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
RULE
AND NOW,this et day of 96 v.3 2014, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY TH. OURT
J.
813082
•
•
Exhibit "C"
shy, PP.-GT Hotio-r;
2014 JAN 13 API 9: 37
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
j ohn.krohn @phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- Civil Division
NC4
Plaintiff CUMBERLAND County
vs.
No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
CERTIFICATION OF SERVICE rt
I hereby certify that a true and correct copy of the Court's January 8,2014 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
was served upon the following individual on the date indicated below.
SAMUEL E. MICHAELS SAMUEL E. MICHAELS
1607 LYTE STREET 811 FACTORY STREET
APARTMENT 105G CARLISLE,PA 17013-1352
DALLAS, TX 75201-1684
SAMUEL E. MICHAELS
1607 LYTLE
105-G
DALLAS,TX 75201
Phelan Ilallitr LLP
DATE: I ho t By:
John D. Krolii Esq.,Id.No.312244
Attorney for Plaintiff
813082
•
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
•
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- : Civil Division
•
NC4
Plaintiff : CUMBERLAND County
•
vs. • No.: 13-2422 CIVIL
•
SAMUEL E. MICHAELS
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
SAMUEL E. MICHAELS SAMUEL E. MICHAELS
1607 LYTE STREET 811 FACTORY STREET
APARTMENT 105G CARLISLE, PA 17013-1352
DALLAS, TX 75201-1684
SAMUEL E. MICHAELS
1607 LYTLE
105-G
DALLAS, TX 75201
Phelan Hal • an, LLP
DATE: 2/1•4/I H By:
John D. Kr , Esq., Id.No.312244
Attorney for Plaintiff
813082
•
t't,d 1 t`FEB
if Ati jo;
PHELAN HALLINAN, LLP Attorney forr
Adam H. Davis, Esq., Id. No.203034 . D r LR 11.0
1617 JFK Boulevard, Suite 1400 tt'NSYLVA U Ty
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis @PhelanHallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY
COMPANY,AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-NC4 : COURT OF COMMON PLEAS
Plaintiff,
: CIVIL DIVISION
v.
No.: 13-2422 CIVIL
SAMUEL E.MICHAELS
Defendant(s)
•
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders
. and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
Adam H.Davis,Esq.,Id.N o.203034
Date:
// 2',,i',/.9 Attorney for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#813082
•
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IN THE COURT OF COMMON PLEAS
liOtiu 1AI, :
CUMBERLAND COUNTY, PENNSYLVANIA 2014 FEB 12 NI Li. 07
DEUTSCHE BANK NATIONAL TRUST • Court of CommonERLAii COUNTY
COMPANY, AS TRUSTEE FOR MORGAN • PENNSYLVANIA
STANLEY ABS CAPITAL I INC TRUST 2006- : Civil Division
NC4
Plaintiff • CUMBERLAND County
vs. • No.: 13-2422 CIVIL
SAMUEL E. MICHAELS
Defendant
ORDER
AND NOW, this /2,' day of Caw? , 2014, upon consideration of Plaintiff s
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance $68,592.77
Interest Through December 19, 2013 $6,394.66
Late Charges $100.80
Legal fees $2,325.00
Cost of Suit and Title $1,034.85
Property Inspections $15.00
Escrow Deficit $1,414.69
TOTAL $79,877.77
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
C I'es a2A4 B HE COU T•
Apf J . 1444,i J.
S. 01-111S
/` i fri 813082
`—r
1
PHELAN HALLINAN, LLP
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
OF THE PROTHONOTARY
• 20iti MAR -5. PM 2: 4.1
CUMBERLAND COUNTY
PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006-
NC4
Plaintiff
SAMUEL E. MICHAELS
Defendant
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
• NO. 13-2422 CIV1L
• AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403
I hereby certify that a true and correcteopy of the Notice of Sheriff Sale in the above "
captioned matter was sent by regular mail to, SAMUEL E. MICHAELS on 12/18/2013, in
accordance with the .Order of Court dated 9/10/2013. The property was' posted on 12/3/2013..
The undersigned understands that this statement is 'made subject to the penalties of 18
Pa.C.S. §4904 relating ielating to the unsworn falsification to authorities.
DATE:
3JqJIy
Phelan Hallinan,
By:
r>.4411,7,
Jonat 01), sq., Id. No.312174
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST • Court of Common Pleas
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC TRUST 2006- • Civil Division
NC4
Plaintiff CUMBERLAND County
vs. No. 13-2422 CIVIL
)
SAMUEL E. MICHAELS = =
TeiroA cn
rrt
Defendant 01 -0
-0" ca
r-Z
ORDER
AND NOW, this 104(day of 13, upon consideration of P
•
• •
motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED,
that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain service of the
Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1Xi)(C)*, on
the above captioned Defendant, SAMUEL E. MICHAELS, by:
1. Posting of the premises: 811 FACTORY STREET, CARLISLE, PA
17013-1352 by the Sheriff or a non-party competent adult; and
2. First class mail to SAMUEL E. MICHAELS at the last known address,
1607 LYTE STREET, APARTMENT 105G, DALLAS, TX 75201-1684 and the
mortgaged premises located at 811 FACTORY STREET, CARLISLE, PA 17013-1352.
Service by mail is complete upon the date of moiling
PH # 319324/BSP
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file
a certificate of service with the Prothonotary's office to ensure compliance with this Court Order.
BY 1 HE COURT:
S
*Prior to Malin the requirements of service or Notice of Sale as set forth In this Order, Plaintiff must first
attempt service as set forth In Pa.RCP. 3129.2(cX1X1) (A) or (B). In the event this attempted service is not
succesaful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order.
Cc:SAMUEL E. MICHAELS
811 FACTORY STREET,
CARLISLE, PA 17013 -1352
SAMUEL E. MICHAELS
1607 LYTE STREET, APARTMENT 105G
DALLAS, TX 75201 -1684
PH # 319324/BSP
Name and
Address
of Sender
PHELAN HALLINAN & SCHMIEG
One Penn Center at Suburban, Suite 1400
Philadelphia, PA 19103
Line
Article
Number
Name of Addressee, Street, and Post Office Address
SAMUEL E. MICHAELS
811 FACTORY STREET
CARLISLE, PA 17013 -1352
2
* * **
SAMUEL E. MICHAELS .
1607 LYTE STREET, APARTMENT 105G
DALLAS, TX 75201 -1684
•
•
3
*
4
** **
5
6
* * :*
7
8
•
I
SAMUEL E. MICHAELS • .
PHS# 813082
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Post Office
Postmaster, Per (Name of Receiving
Employee)
LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING*
CODE: 1020
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
FOR MORGAN STANLEY ABS CAPITAL !INC TRUST 2006 -NCA PH* 813082
DEFENDANT
SAMUEL E. MICHAELS
SERVE SAMUEL E. MICHAEIS AT:
811 FACTORY STREET
CARLISLE, PA 17013 -1352
4IP E SJr.. i't 1 t Ot'ii..^-IiTY 1 )a l ±,',11s 1 E 0 Oly qJy
S(1CC ND 1. „5.E VICEE T„PL .AJS L)ST PROPERTY ON Y
LAST AIT 't "i *
(SERVICE TEAM/ lxh
COURT NO.: 13-2422 CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 12, 2014
,S RVED
Served and made known to SAM:CTEL E. M1LI{Ants, Decal:Want on rho , „ day of tra ge(Z-, 20 t3 , at
'clock V, M,, at t (t - < ( f , in the maimer described below:
Defendant p rsgnally served.
Adult family member with whom Defendant(s) reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name or relationship.
_ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or .person in charge of Defendant's office or usual place 'of business.
an o rcerr of said Defendant's company.
.4-Other: p.51 e(te
Description: -- __Age Height . Weight Race Sex' Other
I, Id�O'16\2t11 i�l 0¢iEd4 , a competent adult, hereby verify that I personally handed a. true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein; issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. • Sec. 4904 relating to
unswom falsification to authorities. •
On the tthat a endant N(YI' POfUN6becaus at
_ Vacant __ Does Not Exist
No Answer on at
NAME:
NAME: AIJ 1` It° 0Q1
xl'I'l E: f OVet-S Setzldtg-
mu SERVED
o'clock ..:M., I, .. a competentadult hereby
'
_, Moved _Does Not Reside (Not Vacant)
ai
— Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
PRINTED NAME: .„„,,,_
ATTORNEY /ORPLAINTIF +F
Phelan Hallinan, UP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563 -7000
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
()MCC OF ME $'.liER'FF
F
JUL {U Mi a;: 27
CUMBERLAND COUNTY
PENNSYLVANIA
Deutsche Bank Trust Company
vs. Case Number
Samuel E. Michaels 2013-2422
SHERIFF'S RETURN OF SERVICE
01/10/2014 04:45 PM - Deputy Jason Kinsler, 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 811 Factory Street, Carlisle - Borough, Carlisle, PA
17013, Cumberland County.
03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00
a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk, on behalf of Deutsche Bank
National Trust Company, As Trustee for Morgan Stanley ABS Capital, I Inc Trust 2006-NC4 , being the
buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $838.05 SO ANSWERS,
June 04, 2014 RONNYR ANDERSON, SHERIFF
CourtySu:€e Sheriff.'t'eleosoft, Inc.
ZS M pi Qa!
a.Spd • Ca
SVC pd•
Q3s'
30(36/
On December 16, 2013. the Sheriff levied upon the
defendant's interest in the real property situated in
Borough of Carlisle, Cumberland County, PA,
Known and numbered as, 811 Factory Street,
Carlisle, as Exhibit "A" filed with this writ
and by this Reference incorporated herein.
Date: December 16, 2013
By:
-)/U-U-10C-(_4Real Estate Coordinator
01 :11 V OZAON(101
Vd':U Ftv:i', i 7;: 1ai,_
;31213HS 3H1 0 33WO
LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14
Writ No. 2013-2422 Civil Term
Deutsche Bank Trust Company
vs.
Samuel E. Michaels
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 13-2422 CIVIL, DEUTSCHE
BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR MORGAN STAN-
LEY ABS CAPITAL I INC TRUST
2006-NC4 vs. SAMUEL E. MICHAELS
owner(s) of property situate in CAR-
LISLE BOROUGH, CUMBERLAND
County, Pennsylvania, being 811
FACTORY STREET, CARLISLE, PA
17013-1352.
Parcel No. 06-19-1643-228.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $71,567.67.
63
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 24, January 31, and February 7, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Lisa Marie Coyne, editor
SWORN TO AND SUBSCRIBED before me this
7 day of February, 2014
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot -News Co.
2020 Technology Pkwy
Suite 300 "
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
he atriot1�ews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
2013-2422 Civil Term
Deutsche Bank Trust
Company
Vs
Samuel E. Michaels
Attn: Joseph Schalk
By virtue of a Writ of Execution No.
13-2422 CIVIL
DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE
FOR MORGAN STANLEY ABS
CAPITAL 1 INC TRUST 2006-NC4
v.
SAMUEL E. MICHAELS
owner(s) of property situate
in CARLISLE BOROUGH,
CUMBERLAND County,
Pennsylvania, being 811 FACTORY
STREET, CARLISLE, PA 17013-1352
Parcel No. 06-19-1643-228.
(Acreage or street address)
Improvements thereon:.
RESIDENTIAL DWELLING
Judgment Amount: $71,567.67
This ad ran on the date(s) shown below:
01/19/14
01/26/14
02/02/14
Sworn to
bscribed before me this 18 day of February, 2014 A.D.
ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Weld, Notary Public
Wash!ngton Twp., Dauphin County
My Commisslon Expires Dec. 12 2016
MEMBER, IINM i1`EVAMp MAtxtATION (j' nu uES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriffs Deed in which Morgan Stanley ABS Capital I Inc Trust 2006-NC4 Tr is the grantee the same
having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ
Execution issued on the 19th day of November, A.D., 2013, out of the Court of Common Pleas of said
County as of Civil Term, 2013 Number 2422, at the suit of Moran Stanley ABS Capital I Inc Trust
2006- NC4 Tr against Samuel E Michaels is duly recorded as Instrument Number 201414935.
IN TESTIMONY WHEREOF, I have hereunto set my hand
)04-1-)
and seal of said office this
day of
j)f ,A.D. OfL(
)CAA 1,4),iI DePu1t
Recorder of Deleds
Recorder of Deeds Cnmherland County, Carlisle, PA
MyCOmmission Erp,r• c ;ne first Monday of Jan. 2018