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Home My WebLink About06-2705. G&DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER Mortgagor and Real Owner 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn ??yy No. U4v ,2W l.' nt U c 'C CrIVCT?1J?t? ?T" 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PU&TO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUT ABAJO. ESTA OFICINA PUEDE PROVEERR CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6009. Para informacon en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, 7105 Corporate Drive. PTX C-35 Plano, TX 75024-3632. 2. The name and address of the Defendant is SCOTT CARVER, 1196 Newville Road, Carlisle, PA 17013- 1739, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 09, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to ACCREDITED HOME LENDERS, INC., A CALIFORNIA CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1873, Page 3004. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 by assignment of Mortgage, which has been lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(8); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit «A„ ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $73,547.42 Interest from 12/01/2005 $3,066.70 through 05/31/2006 at 8.2500% Per Diem interest rate at $16.85 Reasonable Attorney's Fee at 5% of Principal Balance as $3,677.37 more fully explained in the next numbered paragraph Late Charges from 01/01/2006 to 05/31/2006 $167.69 Monthly late charge amount at $33.54 Costs of suit and Title Search $900.00 Monthly Escrow amount $150.95 $81,359.18 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in nersonam' judgment) against the . Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $81,359.18, together with interest at the rate of $16.85, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: w k - GOL EC C MCCAMRTY & McKEEVER BY: J EPH A. GOLDBECK, TR., ESQuutE ATTORNEY FOR PLAINTIFF VERIFICATION I, John Smith, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: -?--/o`0-b Jo mith COUNTRYWIDE HOME LOANS INC. r.Exhi6it f1 Landsafe File 8 06-6-138889 EXHIBIT "A" ALL THAT CERTAIN TRACT OF LAND SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH SURVEY MADE BY THOMAS A. NEFF, REGISTERED SURVEYOR, ON AUGUST 29, 1%8, A DREAFT OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN LINE OF FIFTY (50) FEET WIDE PENNSYLVANIA ROUTE 641 KNOWN AS NEWVILLE ROAD, WHICH STAKE AT THE PLACE OF BEGINNING IS THREE THOUSAND THREE HUNDRED EIGHTY-EIGHT (3.388) FEET WEST OF THE CENTER LINE OF LEGISLATIVE ROUTE 21033, AND WHICH STAKE AT THE PLACE OF BEGINNING IS THE NORTH-WESTERN CORNER OF LOT NO. 35 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS NOW OR FORMERLY OF LESTER KOTZMOYER; THENCE FROM SAID STAKE AT THE PLACE OF BEGINNING ALONG THE WESTERN LINE OF SAID LOT NO. 35, NOW OR FORMERLY OF LESTER KOTZMOYER, SOUTH 5 DEGREES WEST, A DISTANCE OF ONE HUNDRED EIGHT-TWO (182) FEET TO A STAKE ON THE NORTHERN LINE OF SIXTEEN (16) FEET WIDE ALLEY; THENCE ALONG THE NORTHERN LINE OF SAID SIXTEEN (16) FEET WIDE ALLEY, NORTH DEGREES WEST, A DISTANCE OF EIGHTY (80) FEET TO A STAKE AT THE SOUTHEASTERN CORNER OF LAND NOW OR FORMERLY OF EARL B. SWARNER, JR.; THENCE ALONG THE EASTERN LINE OF SAID LAND NOW OR FORMERLY OF EARL B. SWARNER, JR., NORTH 5 DEGREES EAST, A DISTANCE OF ONE HUNDRED EIGHTY-TWO (182) FEET TO A STAKE ON THE SOUTHERN LINE OF FIFTY (50) FEET WIDE PENNSYLVANIA ROUTE 641 KNOWN AS NEWVILLE ROAD; THENCE ALONG THE SOUTHERN LINE OF SAID PENNSYLVANIA ROUTE NO.641 KNOWN AS NEWVILLE ROAD, SOUTH 86 DEGREES EAST, A DISTANCE OF EIGHTY (80) FEET TO A STAKE, THE PLACE OF BEGINNING. CONTAINING EIGHTY (80) FEET IN FRONT ALONG THE SOUTHERN LINE OF FIFTY (50) FEET WIDE PENNSYLVANIA ROUTE 641 KNOWN AS NEWVILLE ROAD AND EXTENDING SOUTHWARDLY THEREFROM AT AN EVEN WIDTH A DISTANCE OF ONE HUNDRED EIGHTY-TWO (182) FEET TO THE NORTHERN LINE OF SIXTEEN (16) FEET WIDE ALLEY, AND BEING ALL OF LOT NO, 36 AND THE EASTERN TWENTY-FIVE (25) FEET OF LOT NO. 37 AS SHOWN ON THE PLAN OF LOTS KNOWN AS WESTMINIS MANOR AS RECORDED IN THE HEREINAFTER MENTIONED RECORDER'S OFFICE IN PLAN BOOK NO. 39 PAGE 67 ON WHICH THERE IS ERECTED A ONE STORY BRICK DWELLING HOUSE KNOWN AS AND NUMBERED 1196 NEWVILLE ROAD. (EXki6it B ®Ga¦?hywide' NIONS LOANS P.O. Sox 660694 Dallas, 7X 7526&0694 Send Peymente fo: PO BOX W0690 Deltas, TX 75266 M94 March 6, 2006 Certified Mail: 7113 8257 1470 7377 6402 Return Reciept Requested Regular Mail Scott Carver 1196 NEWVILLE RD CARLISLE, PA 17013.1739 Account No.: 35414551 Property Address: 1196 NewAlle Road Cadisle/nor6, Middleto, PA Current Servicer: Countrywide Home Loans, Inc. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaeos on vour home is in def euh. and the lender intends to foreclose. Specific intonnation aheue the nerrae of the default Is orovidod in the attached penes. ERGENCY MORTGAGE ASSISTANCE PROGRAM MEMAP) may he ahle to Mlo 1o ere vour The HOMEOWNER'S Bill home. This Notice uolains how the t roam works. To see if FESAAP can Mlp. you must MEET WTDI A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE GATE OF THIS NOTICE. Tale thin Nodes with you when you most with the Counselino Anerim. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. You may also went to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTTNUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INNEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nl1MER0 MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Scott Comw PROPERTY ADDRESS: 1196 Newville Road Cedialelnorth Middleto. PA LOAN ACCT. NO.: 35414881 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Countrywide Home Loans. Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM V MAY 5 •IB FOR FINAN a pS&STAN WHICH CAN e Y R HID FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Rees xaeyou amnun mmaar malltlerAammmapmalw. We fry drape you. Wor"prymnl sil".rmleed typo fuemallmuan vu4W to Rpr wee . Male yardwilp?pbm Account Number: 354145518 Bamte Due br rhil listed sbaw: $2266.76 n o3162006. Caunaydde Hms Imre • wlteyolraccaunnunberon Scoe Cerrer Cr edlameroy odor ,d 1196 New lie Road Pa°""ca°•""rtia""e"°"a"'e'w'u'exam?'r°'. •Htu In arytl5tl eullb ^°l you as In (r Bole m t 5500 d oe a *ssissl ahae and drat) • Do ntifteMyaurdwimea ?ny?y 7 o oonY Udu =10ndeae aO' • Dontead ash CO PO BOX OX 660694 Omx Dallas, TX 76288-0894 clay Toe 035414551800000228876000228876 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 1ENE2BAOy STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a `Face-to-face- meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR CONSUMER CREDIT COUNSELING AGENCIES - H you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Itig your lender immediately of your Intentions. necessary to xhedule one APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the masons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU ESl,!$I FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELYAND YOURAPPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limbed. They will be disbursed by the Agency under the eligibility cdteda established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you it you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (N you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) The MORTGAGE debt held by the above lender on your property located at: 1196 Newville Road Carlisletnort h Middleto, PA IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Payments: January, 2006 - March, 2006 Late Charges: January, 2006 - February, 2006 Other Late Chames: Tonal Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: (3 mos. @ $709.90/month) $2,129.70 (2 mos. @ $33.SQmonth) $67.08 $66.98 $25.D0 ($0.00) $2,288.78 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not angticablel NOW TO CURE THE DEFAULT - You may cure the default within THIRTY (301 DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,288.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Small ma Praal?ayoure,mall atllme bebw will allow Accounthlumbar:31 14551 Sao Cana Emall amain How we port your parsons: All accepted papaws of pdndpal and I Weer w it M appal b ha bryst ouwantlnp Instillment due, Wen othawn mpresl, pshibead or Ilmild by law. M you submit an amour In atldtlon to yws sdudhltl mealy amou4 we wit appb you paymna as fallow: (l) a ouaandllll mordhN palmana of principal and lntamc (II)mgawdaldendea, (el) as Maps ant aft armnib you owe In connection war your ben and IM a sate dal odaaMlry principal bdonce d you loan Pleme ape* It you went an aNaalal amwt apples a hrare PooblMw rMem: Counnv"a poll) a a not accept psalalad swoon. unlW spedbwlly aeam to by a ben oxn abrorw dean Payments t he marl sitter h c° hbr check, nrtified check or money order made oavahle and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure anv other default h taw' the followino action within THIRTY (30) DAYS of the date of this letter, (Do not use if IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to =miss its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (301 DAYS, the lender also Intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender event they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be required to pay attomay's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due underthe mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (301 DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other coats connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the some position es if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately six (6) months from the data of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of cause, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HON TO CONTACT THE LENDER: Name of Lander: Countrywide Nome Loans, Inc. Address: A 0. Box 660694 Dates, TX 75266-0694 Phone Number: 14MO-669-0102 Fu Number. 1.605.577.3432 Contact Person: MS PTX-36 Albntlon., Loan Counselor EFFECT OF SNERIFF'S SALE - You should realize that a ShedfPs Sale will end your ownership of the mortgaged property and your right to occupy h. If you continue to live in the property after the Sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE • You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO NAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTYACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERTTHE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT 7113 8257 1470 7377 6402 INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (1) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described Inspactions and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before April 5, 2006, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least % of the amount necessary to bring the account curent, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, It is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on lt. • Deedin-Ueu: Or, if your property is free from other liens or encumbrances, and t the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are Interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedles under the loan documents and as permitted by law, unless ft agrees otherwise in willing. Failure to bring your loan current or to enter into a written agreement by April 5, 2006 as outlined above will result in the acceleration of your debt. Time Is of the essence. If you have any questions concerning this notice , please contact Loan Counseling Center immediately at 1-800.669-0102. I . AP WIMC P99m8Y1.VMNmuswPAI m#ABW NOMF,OWMMMWMI Y*MMAOEA9818TANCHPROM M . cotoumm'm9m AaENC1E6 ADAMBCOUNTY ARrAMONO COUNTY CCCS at Weslem PennMania, IOC. A11aMdl Red Grow -HWWer Chapter CCC$ d W estpm PeruysNenia Inc. 217E P" RMW swcalslssintat 217 E. P" PAW A9oorm, PA 15502 Fh4< ,, PA 17331 AllamA PA 16602 Ph: 814-944.8100 Ph: 717-037$766 Ph: 8149448100 Fa[ 814 944 5747 Per. 717•6374294 Ph: 814-944-5747 Tahwand Seru(ces, im, fhcad3l Cp;60;43 s?I 1-;sin?in GrtAGuunSelom d PA 535 East MaWl Sited 31 V/em 34 Street 401 Wood SoW Sn stl, PA 15504 Wayn,Mhuo, PA 17268 Sidle 908 Ph: 8144489628 Ph: 717.762+4265 Rllshelph, PA 16271 Ph: 0404520148 Ph: 412-3888964 Felt BU-403690 CCCSOIWMbSMPA Ph: 8110737-2933 2000 tkg1mwwn ROad Fax 4123389983 9EM000NTY Han10tW9. PA 17102 Budget C umdog Culler Ph: 717,541-1767 Indtamc.. CaMwnily ACSm Prcomn 247"F9lhStmt Ph: T17-5414570 827 Weep Street ReKftPA 19601 Box 187 Ph: 610476.7366 Adams Crony Hwein9 Aulhwily Y,&" PA 15701 Far 810975.7830 188.143040 sl Ph: 724-4682867 ' Gofipkl , PA 17325 Far: 724-46&5110 Ecwm* OppW=ty Cabinet W SdA ymWl PII: 717434-1518 Coady FM 777-384-0826 BEAVER COUNTY 225". 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SCOTT CARVER (Mortgagor(s) and Record Owner(s)) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against SCOTT CARVER by default for want of an Answer. Assess damages as follows: $81,880.67 Debt Interest - 12/01/2005 to 06/20/2006 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. the party against whom judgment I certify that written notice of the intention to file this praecipe was mailed or delivePq is to be entered and to his attorney of record, if any, after the default occurred and at ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Jr. Attorney fo P] mtiff I.D.#16132 AND NOW udgment is entered in favor of DEUTSCHE BANK NA NAL TRUST C MPANY, AS TR k ii BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 and against SCOTT CARVER by default for want of an Answer and damages assessed in the sum of $81,880.67 as per the above certification. Protil notary A C l=? C? T .? J- "`9 'l {(9?. h? ?` ?- '.?. t'?'Y ' Gs? r: -. L^+ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. 416132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER (Mortgagor(s) and Record owner(s)) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-2705 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES 2004 HE9, and against SCOTT CARVER for failure to file an Answer in the above action within ( 0) ys (or sixty (60) days if defendant is the United States of America) from the date of service of the C aint, in the sum of $81,880.67. Joseph A. Go Attorney for I hereby certify that the above names are correct and that the creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, 7 CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPIT PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corp4 and that the name(s) and last known address(es) of the Defendant(s) : Road Carlisle, PA 17013-1739; GOLDBECK BY: Joseph A Attorney for I Jr, idence address of the judgment EE ON BEHALF OF THE TRUST 2004-HE9, MORTGAGE PTX C-35 Plano, TX 75024-3632 TT CARVER, 1196 Newville Jr. & McKEEVER 4 ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance interest from 12/01/2005 through 06/20/2006 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Balance Deficit BY: Joseph A. Attorney for P. $73,547.42 $3,403.70 $3,677.37 $201.23 $900.00 $150.95 \$81,880.67 Jr. AND NOW, this )p day of j ",f? , 2006 damages are assessed as above. dott Pro Pr thy CWD-6009 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 7, 2006 TO: SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER (Mortgagor(s) and Record Owner(s)) 1196 Newville Road Carlisle/north Middletc, PA 17013 Defendant(s) TO: SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 In the Court of Common New of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Tenn No. 06-2705 IMPORTANT NOTTCF, 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 -40apfi,a. gbraerk'u GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SCOTT CARVER, is about unknown years of age, that Defendant's last known residence is 1196 Newville Road, Carlisle, PA 17013-1739, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' C'vil Relief Action of Congress of 1940 and its Amendments. I 1 Date: Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff No. 06-2705 vs. SCOTT CARVER (Mortgagors and Record Owner(s)) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captionedyifter d against you. (} urt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ?J 1 Q -11 cl h_d 7 C_ V? C.J ?I) Z rn -c S ?r7 { PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R,C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-2705 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due interest from 12/01/2005 to 06/20/2006 at 8.2500% (Costs to be added) $81,880.67 BY: Joseph, Attorney for & McKEEVER ?? :' ?.}; ,?' h.9 c- :"s ? _?? C? '? f ._. riy ice.) -!" 1 C; t .. i. C. '+ ;[!7 U d '? x ? aHy N?j N o F, 4`? 'd ? Q fA WiONV u 4'FP? A x d O ?" M I a b'b o U dd d y ? dy ?' N 4071 U-wg N v?N s?N ti+ FO -Js 3 f I r ` o m All that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, a Draft of which is attached hereto and incorporated herein by reference, as follow: Beginning at a stake on the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight (3.388) feet west of the center line of Legislative Route 21033, and which stake at the place of beginning is the north-western corner of Lot No. 35 as shown on the hereinafter mentioned plan of lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of beginning along the western line of said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred eight-two (182) feet to a stake on the northern line of sixteen (16) feet wide alley; thence along the northern line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a stake at the southeastern corner of land now or formerly of Earl B. Swamer, Jr.; thence along the eastern line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred eighty-two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641 known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning. Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom at an even width a distance of one hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as Westminis Manor as recorded in the hereinafter mentioned Recorder's Office in Plan Book No. 3, page 67 on which there is erected a one story brick dwelling house known as and numbered 1196 Newville Road. TAX PARCEL NO: 29-20-1790-018 C c? At -rs V ' ~ -,.. QJ ? Cry ?? ?n; C d ? CJ c -Cl --i l ?- 3rn WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2705 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCH BANK NATIONAL TRUST CO. AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE9 Plaintiff (s) From SCOTT CARVER, 1196 N4WVILLE RORAD, CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1196 NEWVILLE ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 $81,880.67 L.L. $.50 Interest FROM 12/1105 TO 6/20/06 @ 8.250% Atty's Comm % Any Paid $114.40 Plaintiff Paid Date: JUNE 26, 2006 (Seal) Due Prothy $1.00 Other Costs CIIRTIS Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK JR., ESQ. Address: 701 MARKET ST STE 5000 - MELLON INDEPENDENCE CTR. PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 r -ft Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 vs. SCOTT CARVER (Mortgagor(s) and Record Owner(s)) 1196 Newville Road Carlisle/north Middleto, PA 17013 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-2705 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1196 Newville Road Carlisle/north Middleto, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 2. Name and address of Defendant(s) in the judgment: SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 NORTH MIDDLETON AUTHORITY North Middleton Township 240 Clearwater Drive Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FINANCIAL TRUST COMPANY 130 Court Street Williamsport, PA 17701 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1196 Newville Road Carlisle/north Middleto, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to t of my personal knowledge or information and belief. I understand that false statements herein are made subject o th Wallies of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 20, 2006 GOLDBECK cC ERTY & McKEEVER BY: Joseph A. Got e , Jr., Esq. Attorney for Plainti 06-2705 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff V& SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle/north Middleto, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-2705 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARVER, SCOTT SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 Your house at 1196 Newville Road, Carlisle/north Middleto, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $81,880.67 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE I ' 06-2705 To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue T {.. T ti R ?? p r C? l' t Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the al action, and I further certify that this property is subject to Act 91 of 1983 the provisions of the Act. Joseph A. Attorney IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 06-2705 for the Plaintiff in this has complied with all Jr. ?3 .~-.a? a ? ? (?7 -t1 -r ? --? ?Z " =i it J -J (n? J SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 1196 Newville Road Carlisle/north Middleto, PA 17013 SOLD as the property of SCOTT CARVER TAX PARCEL #29-20-1790-018 All T:, ?j^, S 1 a? 1_ ?Lt -r: ' J SHERIFF'S RETURN - REGULAR CASE NO: 2006-02705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CARVER SCOTT DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARVER SCOTT the DEFENDANT at 1402:00 HOURS, on the 17th day of May , 2006 at 1196 NEWVILLE ROAD CARLISLE, PA 17013 by handing to GEORGE CARVER, FATHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 mar/ 5?0? 32.40 05/18/2006 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: zzor me this day of Deput hA.D. Prothonotary GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 vs. SCOTT CARVER 1196 Newville Road Carlisle/north Middleto, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-2705 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 1196 Newville Road, Carlisle/north Middleto, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, SCOTT CARVER, is the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant, Scott Carver, is as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Notice of Sale upon Defendant, Scott Carver, at his property address, 1196 Newville Road, Carlisle/north Middleto, PA, 17013, after numerous attempts. The Sheriff was unable to locate the Defendant, Scott Carver. There was an individual in the house but he would not answer the door, per Sheriff. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Scott Carver. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Notice of Sale upon Defendant, Scott Carver, by posting the premises and certified and regular mail to the Defendant's last known address. BY: David B. Fein, Esq. u N i\ E R SAL DEFAU r SERVICES Affidavit of Good Faith Investigation Client provided information: File Number: CWD-6009 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Carver Subject Name: Scott Carver Property Address: Street: 1 l96 Newville Road City: Carlisle/North Middleton State: PA Zip: 17013 Skip Results: Date of Birth: 06/27/1970 Universal File Number: 93133 Verified Dates: As of 11 /08/2006 Street: 1 196 Newville Road Phone: City: Carlisle State: PA Zip: 17013 Death Records: As of 11 /08/2006, the Social Security Administration has no death record on file for Scott Carver. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor information: Creditors indicated the last reported address for Scott Carver as 1 196 Newville Road, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Scott Carver from 1 196 Newville Road, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration Office has no listing for Scott Carver. National Postal Address Search: Has no change for Scott Carver from 1196 Newville Road, Carlisle, PA 17013 Comments: 717-249-6332: Spoke with neighbor, N. E. Gayman, verified current address as 1196 Newville Road, Carlisle, PA 17013 On 11 /08/2006, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by Universal Default Service. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. Subsc lbed and swcxn to heto#e n,e, A;(_ n#>*vme/ lsoffi{;or•re## h7oitary Pt,bl Date: 11/08/2006 } KIM A"r TESERY a Notary Public ;'t STATE OF TEXAS Con ml*rlon Exp 0-12-201:9 ?T 329 OAKS TRAIL PLAZA • SUITE 2 0 2 • GARLAND, TEXAS 75043 OFFICE : (972) 226-8883 • FAX : (972) 226-8887 Deutsche Bank National Trust Company as In the Court of Common Pleas of Trustee on Behalf of the Certificate Holders Cumberland County, Pennsylvania Of Morgan Stanley ABS Capital I Inc. Trust Writ No. 2006-2705 Civil Term 2004-HE9, Mortgage Pass Through Certificates, Series 2004-HE9 VS Scott Carver R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Scott Carver, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the within named defendant, Scott Carver. Deputies have made several attempts at service. There is an individual in the house, but he will not answer the door. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1313 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott Carver located at 1196 Newville Rd., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott Carver, by regular mail to his last known address of 1196 Newville Rd., Carlisle, PA 17013. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff ?c,?, rUl??t BY-'_ Real Estate Sergeant GOLDBECK WCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 vs. SCOTT CARVER 1196 Newville Road Carlisle/north Middleto, PA 17013 VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-2705 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. &??F BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632" IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-2705 VS. SCOTT CARVER 1196 Newville Road Carlisle/north Middleto, PA 17013 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Notice of Sheriff's Sale against Defendant, Scott Carver, which the Sheriff has been unable to personally serve upon Defendant, Scott Carver. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Notice of Sheriff's Sale upon Defendant, Scott Carver, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, otb`7- David B. Fein, Esq. GOLDBECK WCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. SCOTT CARVER 1196 Newville Road Carlisle/north Middleto, PA 17013 IN THE COURT OF COMMON PLEAS Of Cumberland County No. 06-2705 CERTIFICATE OF SERVICE David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Scott Carver, this 14" day of November 2006, by first class mail, postage prepaid. /61 r BY: David B. Fein, Esq. - ? "' ? ? t: _ ? -n c' ? .-? ._ _ ?T . ? ?y ? .. - - ?.? ,-. _ t,..,? ?- ;h NOV 16 2006 M' GOLDBECK WCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. SCOTTCARVER 1196 Newville Road Carlisle/north Middleto, PA 17013 ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-2705 AND NOW, this L o ` day of WO"-2006, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Scott Carver, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriff s Sale upon Defendant, Scott Carver, by posting a copy of the Notice upon the premises 1196 Newville Road, Carlisle/north Middleto, PA, 17013, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 1196 Newville Road, Carlisle/north Middleto, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Scott Carver, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. i i c Deutsche Bank National Trust Company as In the Court of Common Pleas of Trustee on Behalf of the Certificate Holders Cumberland County, Pennsylvania Of Morgan Stanley ABS Capital I Inc. Trust Writ No. 2006-2705 Civil Term 2004-HE9, Mortgage Pass Through Certificates, Series 2004-HE9 VS Scott Carver R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry fai the within named defendant, to wit: Scott Carver, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the within named defendant, Scott Carver. Deputies have made several attempts at service. There is an individual in the house, but he will not answer the door. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1313 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott Carver located at 1196 Newville Rd., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott Carver, by regular mail to his last known address of 1196 Newville Rd., Carlisle, PA 17013. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instruction from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing 30.00 Poundage 19.82 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 13.20 Certified Mail 2.35 Levy 15.00 Surcharge 20.00 Law Journal 485.00 Patriot News 378.17 Share of Bills 15.94 Total 1010.98 ? 1- IIjglb6 (?;' So Answers: '0000 R. Thomas Kline, Sheriff BY ' 00- 41 gos? Uul l Y(- ` r Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER (Mortgagor(s) and Record Owner(s)) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-2705 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1196 Newville Road Carlisle/north Middleto, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 2. Name and address of Defendant(s) in the judgment: SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PrUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 NORTH MIDDLETON AUTHORITY North Middleton Township 240 Clearwater Drive Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FINANCIAL TRUST COMPANY 130 Court Street Williamsport, PA 17701 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1196 Newville Road Carlisle/north Middleto, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to t of my personal knowledge or information and belief. I understand that false statements herein are made sulthenyaltie s of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 20, 2006 GOLDBECK McKEEVER BY: Josep h A. Gol e , Jr., Esq. Attorney for Plaintiff e GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff 06-2705 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Vs. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle/north Middleto, PA 17013 Defendant(s Term No. 06-2705 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARVER, SCOTT SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 Your house at 1196 Newville Road, Carlisle/north Middleto, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $81,880.67 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE r 06-2705 To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue r All that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, a Draft of which is attached hereto and incorporated herein by reference, as follow: Beginning at a stake on the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight (3.388) feet west of the center line of Legislative Route 21033, and which stake at the place of beginning is the north-western corner of Lot No. 35 as shown on the hereinafter mentioned plan of lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of beginning along the western line of said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred eight-two (182) feet to a stake on the northern line of sixteen (16) feet wide alley; thence along the northern line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a stake at the southeastern corner of land now or formerly of Earl B. Swarner, Jr.; thence along the eastern line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred eighty-two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641 known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning. Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom at an even width a distance of one hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as Westminis Manor as recorded in the hereinafter mentioned Recorder's Office in Plan Book No. 3, page 67 on which there is erected a one story brick dwelling house known as and numbered 1196 Newville Road. TAX PARCEL NO: 29-20-1790-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2705 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCH BANK NATIONAL TRUST CO. AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-HE9 Plaintiff (s) From SCOTT CARVER, 1196 N4WVILLE RORAD, CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1196 NEWVILLE ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION), (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,880.67 Interest FROM 12/1/05 TO 6/20/06 @ 8.250% Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: JUNE 26, 2006 L.L. $.50 Due Prothy $1.00 Other Costs TIS ONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK JR., ESQ. Address: 701 MARKET ST STE 5000 - MELLON INDEPENDENCE CTR. PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Real Estate Sale # 63 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1196 Newville Road, y Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11, 2006 ByUod ?rYU Real Estate Sergeant b z *8 d 8 Z Nnr 9001 .4.4183iH5 3H1 j0 33! p 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ......................... .... R t.. A"M? ........................... COPY Sworn to and subsc b e me this 15th day of November 2006 A.D. SALE 463 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, otaryPubfc City Of Harrisburauphi o - NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 nne of w1 fivA e* eft sni ldteiqblla?, ? tdloas: Of swa: ?' ?Iu:??eNirMiwr 'No. 36 kl PYn ad ?R oelem kxe?[p a %K nE Lot No. 37 as 1?luar s boIQ ,Np #is 1196 y Ne?vn `Gx PLvd off: 29-20-1?9 "18 jr PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 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. "7- ? - I- OA,? - - D'a Mane Coyne, Edi or SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006_ NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5,2W9 REAL ESTATE SALE NO. 63 Writ No. 2006-2705 Civil Deutsche Bank National Trust Company, as Trustee on Behalf of the Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2004-HE9 Mortgage Pass Through Certificates, Series 2004 HE9 VS. Scott Carver Atty.: Joseph Goldbeck All that certain tract of land situ- ate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accoT- dance with survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, a Draft of which is attached hereto and incorporated herein by reference, as follow: Beginning at a stake on the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight (3.388) feet west of the center line of Legis- lative Route 21033, and which stake at the place of beginning is the north-western corner of Lot No. 35 as shown on the hereinafter men- tioned plan of lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of beginning along the western line of said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred eight-two (182) feet to a stake on the north- ern line of sixteen (16) feet wide al- ley; thence along the northern line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a stake at the southeastern corner of land now or formerly of Earl B. Swarner, Jr.; thence along the eastern line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred eighty- two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641 known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning. Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom at an even width a distance of one hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as Westminis Manor as recorded in the hereinafter men- tioned Recorder's Office in Plan Book No. 3, page 67 on which there is erected a one story brick dwell- .-, L.., - U.,- - .nri ni, l-ri . .7- , GOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-2705 PRAECIPE TO CORRECT PROPERTY ADDRESS Kindly correct the docket to reflect the correct property address of 1196 Newville Road Carlisle, PA 17013. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER IN RE: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA SCOTT C. CARVER Debtor(s) Chapter 13 Case No.: 1:06-bk-02793 ORDER DISMISSING CASE Upon consideration of the Amended Order to Show Cause and it having been determined, after hearing, that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. 6Lt y { .Q 1r Robert N. Opel, II, Buukruptey Judge na document it etecbonically signed and filed ors the same date. (EQ Dated: January 25, 2007 MDPA-0ISMI333MPT REV 6105 • ?USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 1 of 4 r DISMISSED, PlnDue, NoMatrix, 521, FMDue U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:06-bk-02793-RNO Assigned to: Honorable Robert N Opel II Chapter 13 Voluntary Asset Date Filed: 12/04/2006 Date Terminated. 01/25/2007 Date Dismissed. 01/25/2007 Debtor Scott C. Carver 1196 Newville Road Carlisle, PA 17015 SSN: xxx-xx-5859 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Gregory S Hazlett 7 West Main Street Mechanicsburg, PA 17055 717 790-5500 Fax : 717 790-9279 Email: adlitem@pa.net Filing Date # Docket Text 12/04/2006 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Gregory S Hazlett on behalf of Scott C. Carver. (Hazlett, Gregory) (Entered: 12/04/2006) 12/04/2006 2_ Statement of exigent circumstances that merits a waiver from complying with the credit counseling requirement. Filed by Gregory S Hazlett on behalf of Scott C. Carver (RE: related document(s) I ). (Attachments: # 1_ Proposed Order) (Hazlett, Gregory) (Entered: 12/04/2006) 12/04/2006 Receipt of Voluntary Petition (Chapter 13)(1:06-bk-02793) [misc,volpl3a] ( 274.00) filing fee. Receipt number 1965700, amount $ 274.00. (U.S. Treasury) (Entered: 12/04/2006) https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?437484976182071-L-889-0-1 2/7/2007 USBC PAM - LIVE - VERSION 3.1.4L - Docket Report Page 2 of 4 12/04/2006 FeeDueBK flag removed. (CashReg) (Entered: 12/05/2006) 12/05/2006 3_ Certificate of Credit Counseling Filed by Gregory S Hazlett on behalf of Scott C. Carver (RE: related document(s) l ). (Hazlett, Gregory) (Entered: 12/05/2006) 12/05/2006 4 Notice to Filing Party (G. Hazlett) (RE: related document(s)2 ). (BW) (Entered: 12/05/2006) 12/05/2006 5 Notice of missing documents (RE: related document(s)) ). (BW) (Entered: 12/05/2006) 12/05/2006 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 1/11/2007 at 09:00 AM. (BW) (Entered: 12/05/2006) 12/06/2006 6 Request to BNC - Notice to Parties setting hearing (RE: related document(s)1_, 2 ). Hearing scheduled for 12/21/2006 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (BW) (Entered: 12/06/2006) 12/07/2006 7 BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s)5 ). Service Date 12/07/2006. (Admin.) (Entered: 12/08/2006) 12/08/2006 8 BNC Certificate of Mailing of Notice to Parties Setting Hearing. (RE: related document(s)6 ). Service Date 12/08/2006. (Admin.) (Entered: 12/09/2006) 12/13/2006 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 1/25/2007 at 09:00 AM. (KZ) (Entered: 12/13/2006) 12/21/2006 9 Proceeding Memo re: Hearing; held. Record Made. Request for waiver of compliance with the credit counseling requirement is denied. Appearances: Gregory Hazlett. Non-Appearances: N/A. (There is no image or paper document associated with this entry.) (RE: related document(s)2 ). (DG) (Entered: 12/21/2006) 12/21/2006 1.0 Order denying the request for Waiver of Debt Counseling due to Exigent Circumstances (RE: related document(s)2). (DG) (Entered: 12/21/2006) 12/27/2006 1.1 Order to Appear and Show Cause (RE: related document(s) 1. ). Answers are due on: 1/11/2007. Show Cause hearing to be held on 1/18/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?437484976182071 -L-889-0-1 2/7/2007 ..USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 3 of 4 (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: #.1. Certificate of Service) (BW) Modified on 12/27/2006 to correct dates. (B 99 (Entered: 12/27/2006) 12/27/2006 12 Corrective Entry to correct dates - Order to Appear and Show Cause Answers are due on: 1/11/2007. Show Cause hearing to be held on 1/18/2007. (There is no image or paper document associated with this entry.) (RE: related document(s)11 ). (BW) (Entered: 12/27/2006) 12/28/2006 13 Amended Order to Appear and Show Cause re: Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data. (RE: related document(s)!., l1, 5 ). Answers are due on: 1/12/2007. Show Cause hearing to be held on 1/25/2007 at 10:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1_ Certificate of Service) (BW) (Entered: 12/28/2006) 01/03/2007 1.4. Motion to Dismiss Case for failure to comply with the credit counseling requirements of 11 U.S.C. Sections 109(h) and 521(b) of the Bankruptcy Code . Notice sent to all creditors. Filed by Trustee. Objections due by 1/25/2007. (dehart, III6g), Charles) (Entered: 01/03/2007) 01/04/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 2/8/2007 at 09:00 AM. (KZ) (Entered: 01/04/2007) 01/06/2007 15 BNC Certificate of Mailing. (RE: related document(s)14 ). Service Date 01/06/2007. (Admin.) (Entered: 01/07/2007) 01/09/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 2/22/2007 at 09:00 AM. (KZ) (Entered: 01/09/2007) 01/23/2007 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 3/8/2007 at 09:00 AM. (KZ) (Entered: 01/23/2007) 01/25/2007 16 Proceeding Memo re: Show cause hearing; held. Record Made. Court to sign order dismissing case. Appearances: Gregory Hazlett. Non-Appearances: N/A. (There is no image or paper document associated with this entry.) (RE: related document(s)_13_ ). (DG) (Entered: 01/25/2007) 01/25/2007 1117 Order Dismissing Case. (RE: related document(s)_1.3, [16]). (DG) (Entered: 01/26/2007) https:Hecfpwnb.uscourts.gov/cgi-biri/DktRpt.pl?43748497618207 1 -L889 0-1 2/7/2007 f ?USBC PAM - LIVE - VERSION 3.1.41, - Docket Report Page 4 of 4 01/28/2007 18 BNC Certificate of Mailing. (RE: related document(s)1.7 ). Service Date 01/28/2007. (Admin.) (Entered: 01/29/2007) PACER Service Center Transaction Receipt 02/07/2007 10:15:24 PACER Client Login: a0060 lCode: 1:06-bk-02793-RNO Fil or Ent: Description: ' Docket Search filed Doc From: 0 Doc To: Report Criteria: 99999999 Term: included Format: HTML Billable Pa es: Cost: 0.16 g https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?437484976182071-L-889-0-1 2/7/2007 ?.? o ca ,? ?? -+-? ? ? ?' ? ? _ •.- cr;:?y x,- t w ? .??.? ?° t?, uwCS` '? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-2705 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 06/21/2006 to Date of Sale at 8.2500% $81,880.67 (Costs to be added) GOL V cCAFFERTY & McKEEVER BY: osEoh oldbeck, Jr. for a a °o ?NU ?w ZH O U 4 Q ?x w~x H 0 W o?v ? x Iow Z zox? H T? N H U ? W A ? x e ce) 0 H v w'd ?° w• ? O ? z a • r `w' ti V r • V v Li n 4 H b hl N C7 a 15 w? d V N V M dol " ,fl d 0 N N ? M c av d c? On 43 I All that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, a Draft of which is attached hereto and incorporated herein by reference, as follow: Beginning at a stake on the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight (3.388) feet west of the center line of Legislative Route 21033, and which stake at the place of beginning is the north-western corner of Lot No. 35 as shown on the hereinafter mentioned plan of lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of beginning along the western line of said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred eight-two (182) feet to a stake on the northern line of sixteen (16) feet wide alley; thence along the northern line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a stake at the southeastern corner of land now or formerly of Earl B. Swarner, Jr.; thence along the eastern line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred eighty-two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641 known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning. Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom at an even width a distance of one hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as Westminis Manor as recorded in the hereinafter mentioned Recorder's Office in Plan Book No. 3, page 67 on which there is erected a one story brick dwelling house known as and numbered 1196 Newville Road. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1196 Newville Road Carlisle, PA 17013 SOLD as the property of SCOTT CARVER TAX PARCEL #29-20-1790-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2705 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff (s) From SCOTT CARVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,880.67 L.L. Interest FROM 6/21/06 TO DAT OF SALE AT 8.2500% Atty's Comm % Due Prothy $1.00 Atty Paid $1,137.88 Other Costs Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) C s R. Lon o ota By: REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 16132 M Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER (Mortgagor(s) and Record Owner(s)) 1196 Newville Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-2705 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1196 Newville Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 2. Name and address of Defendant(s) in the judgment: SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ?J Ift. PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 NORTH MIDDLETON AUTHORITY North Middleton Township 240 Clearwater Drive Carlisle, PA 17013 NORTH MIDDLETON AUTHORITY C/O HUBERT X. GILROY, ESQUIRE 4 N. HANOVER STREET CARLISLE, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FINANCIAL TRUST COMPANY 130 Court Street Williamsport, PA 17701 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1196 Newville Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: February 7, 2007 GOLD E V.G AFFERTY & McKEEVER BY: J sepdbeck, Jr.,Esq. Atto ey fiff ` txt r:n _ F 06-2705 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-2705 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARVER, SCOTT SCOTT CARVER 1196 Newwille Road Carlisle, PA 17013-1739 Your house at 1196 Newville Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $81,880.67 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE r 06-2705 To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-2705 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-641-4978 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention a,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6009. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. A -y jf: tca C GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 CWD-6009 CF: 05/11/2006 SD: 06/13/2007 $81,880.67 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ADS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-2705 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by Sheriffs Office/ (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. M"iyftyL Jos h A. Goldbeck, Jr. torney for Plaintiff Deutsche Bank National Trust Company, as In The Court of Common Pleas of Trustee on Behalf of the Certificate Holders of Cumberland County, Pennsylvania Morgan Stanley ABS Capital I Inc. 2004-HE9 Writ No. 2006-2705 Civil Term Mortgage Pass Through Certificates, Series 2004 HE9 VS Scott Carver Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2007 at 1821 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Scott Carver, by posting the premises located at 1196 Newville Road, Carlisle, Cumberland County, Pennsylvania, pursuant to order of court, with the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1345 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott Carver, at 1196 Newville Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott Carver, by regular mail to his last known address of 1196 Newville Road, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff BY \J Q, Real Estate uty NOV 1 6 2006 ? GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 vs. SCOTT CARVER 1196 Newville Road Carlisle/north Middleto, PA 17013 ------ - - ---- ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-2705 AND NOW, this o7-0 tl' day of °'"'2006, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Scott Carver, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Notice of Sheriffs Sale upon Defendant, Scott Carver, by posting a copy of the Notice upon the premises 1196 Newville Road, Carlisle/north Middleto, PA, 17013, and Plaintiff is directed to serve the Notice of Sheriff Sale by certified and regular mail to the Defendant's last known address at 1196 Newville Road, Carlisle/north Middleto, PA, 17013, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Scott Carver, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: rRUE COPY FROM RECORD ' Thy whereof,1 here unto set my hand d ttie seal of said Co n at Cam. Pa. Prothonatarr /S/A?.?. a/? J. Form 3877 I Domestic USPS Firm Mailing Book -------------------------------------------------------------------------------- Name and Address of Sender: Permit Number Sequence Number JOSEPH A GOLDBECK JR 756A MELLON INDEPENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v6.80.6.90.E PHILADELPHIA, PA 19106 ---------------------------------------------------------------------------------------------------------------------------------- Piece ID Article ? Delivery Address SS Fee Postage Value Sender Charges Addressee Name Type Insur./Register Due Total ------------------------------- - ------------------------------------------------------------------------------------------------- CWD6560SM6-18 71114342363000075665 MOORE, STEPHEN C 2.40 0.39 4.14 1057 E King Street RRE 1.35 York, PA 17403-1834 CWD6846LH5-18 71114342363000075672 HEIMAN, LOUISE C 2.40 0.39 4.14 1740 Sue Ellen Drive RRE 1.35 Havertown, PA 19083 CWD6560KM6-18 71114342363000075689 FORE, KAREN C 2.40 0.39 4.14 1057 E. King Street RRE 1.35 York, PA 17403-1834 CWD6009SC6-13 71114342363000075696 CARVER, SCOTT C 2.40 0.39 4.14 1196 Newville Road RRE 1.35 Carlisle, PA 17013-1739 AMQ1476DW5-18 71114342363000075702 WHIGHAM, DONALD C. C 2.40 0.39 4.14 621 Warwick Lane RRE 1.35 Cranberry Township, PA 16066 AMQ1476PW5-18 71114342363000075719 WHIGHAM, PATRICIA B. C 2.40 0.39 4.14 621 Warwick Lane RRE 1.35 Cranberry Township, PA 16066 CWD6560SM6-18.71114342363000075726 MOORE, STEPHEN C 2.40 0.39 4.14 361 E. Canal Road RRE 1.35 York, PA 17404 CWD6560KM6-18.71114342363000075733 MOORE, KAREN C 2.40 0.39 4.14 361 E. Canal Road RRE 1.35 York, PA 17404 --------------------------------------------------------------------------------------------------------------------------------- Page Totals: 8 30.00 3.12 33.12 Cumulative Totals: 32 120.00 12.48 132.48 Page 4 Q'?F1A, yl? 1?1c? L tl-? R Nt 2 kgATO cool] t 1 O 4 Q w ?M o ? ?r Z d M o O ? tz N _ r UN Q t ,? p. o ? ,,'go OC30, 11 Z m ... t j o0 m am= a ? r Z N ?a N4 m r= v`loW j 4 avo?W? ??r?`ot'4Q sn, zz I a Q N z ?r C C O L ? g is ca Z 's Ce) O 'v 1? W O? Q w W r a a iQ ?y< u ? tJ = t U Z I a V ti a t6 m i z 0 c lira, ve a I N 4 r ZZ 00 IT-- 46 i 'r z m a 0 a m 0 G i n s I N a o ?y CL. `Jy(j ? a Z N O o OG N Z .D w o ? O U o c ?? a U c co _?"" GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-2705 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1196 Newville Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 2. Name and address of Defendant(s) in the judgment: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: NORTH MIDDLETON AUTHORITY North Middleton Township 240 Clearwater Drive Carlisle, PA 17013 NORTH MIDDLETON AUTHORITY C/O HUBERT X. GILROY, ESQUIRE 4 N. HANOVER STREET CARLISLE, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: FINANCIAL TRUST COMPANY 130 Court Street Williamsport, PA 17701 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1196 Newville Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: May 16, 2007 (;?rjdA hajb6& GOLD E K M AFFE TY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff C. ., ' -+ TI CIO ?r i_? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deutsche Bank Natl Tr Co Tr is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 13th day of Feb, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2705, at the suit of Deutsche Bank N A Tr against Scott Carver is duly recorded in Deed Book No. 281, Page 52. IN TESTIMONY WHEREOF, I havveeunto set my hand ands 1 of said office this ?O day of A.D. 076 RtoWW d Deedt, CW*WW d CM4. Qdit PA * CoeMWM E*kn the FW MW&Y Of JW12010 Deutsche Bank National Trust Company, as In The Court of Common Pleas of Trustee on Behalf of the Certificate Holders of Cumberland County, Pennsylvania Morgan Stanley ABS Capital I Inc. 2004-HE9 Writ No. 2006-2705 Civil Term Mortgage Pass Through Certificates, Series 2004 HE9 VS Scott Carver Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2007 at 1821 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Scott Carver, by posting the premises located at 1196 Newville Road, Carlisle, Cumberland County, Pennsylvania, pursuant to order of court, with the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1345 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott Carver, at 1196 Newville Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott Carver, by regular mail to his last known address of 1196 Newville Road, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Deutsche Bank National Trust Company, as Trustee on behalf of the Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2004-HE9, Mortgage Pass Through Certificates, Series 2004 HE9. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee on behalf of the Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2004-HE9, Mortgage Pass Through Certificates, Series 2004 HE9, of 7105 Corporate Drive, PTX C-35, Plano, TX 75024-3632, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1251.32. Sheriffs Costs: Docketing $30.00 Poundage 24.54 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 521.00 Patriot News 455.51 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1251.32 ?/ F/d?loy So Answers: R. Thomas Kline, Sheriff BY 47 ao e (, ,y9.2 4`f e. / QG V 3Y Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. SCOTT CARVER (Mortgagor(s) and Record Owner(s)) 1196 Newville Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-2705 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1196 Newville Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 2. Name and address of Defendant(s) in the judgment: SCOTT CARVER 1196 Newville Road Carlisle, PA 17013-1739 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 NORTH MIDDLETON AUTHORITY North Middleton Township 240 Clearwater Drive Carlisle, PA 17013 NORTH MIDDLETON AUTHORITY C/O HUBERT X. GILROY, ESQUIRE 4 N. HANOVER STREET CARLISLE, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: FINANCIAL TRUST COMPANY 130 Court Street Williamsport, PA 17701 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1196 Newville Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: February 7, 2007 GOLD $ Mc AFFERTY & McKEEVER BY: J seph . G dbeck, Jr., Esq. Atto ev for laintiff 06-2705 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A- Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. SCOTT CARVER Mortgagor(s) and Record Owner(s) 1196 Newville Road Carlisle, PA 17013 Defendants; IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-2705 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARVER, SCOTT SCOTT CARVER 1196 Newwille Road Carlisle, PA 17013-1739 Your house at 1196 Nevwille Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $81,880.67 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 06-2705 To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-2705 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-641-4978 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention( ,,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6009. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, a Draft of which is attached hereto and incorporated herein by reference, as follow: Beginning at a stake on the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight (3.388) feet west of the center line of Legislative Route 21033, and which stake at the place of beginning is the north-western corner of Lot No. 35 as shown on the hereinafter mentioned plan of lots now or formerly of Lester Kotzmoyer; thence from said stake at the place of beginning along the western line of said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred eight-two (182) feet to a stake on the northern line of sixteen (16) feet wide alley; thence along the northern line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a stake at the southeastern corner of land now or formerly of Earl B. Swarner, Jr.; thence along the eastern line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred eighty-two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641 known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning. Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom at an even width a distance of one hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as Westminis Manor as recorded in the hereinafter mentioned Recorder's Office in Plan Book No. 3, page 67 on which there is erected a one story brick dwelling house known as and numbered 1196 Newville Road. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1196 Newville Road Carlisle, PA 17013 SOLD as the property of SCOTT CARVER TAX PARCEL #29-20-1790-018 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2705 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 ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, Plaintiff (s) From SCOTT CARVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,880.67 L.L. Interest FROM 6/21/06 TO DAT OF SALE AT 8.2500% Atty's Comm % Due Prothy $1.00 Atty Paid $1,137.88 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) Other Costs C is R. Long onota By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 57 On March 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1196 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2007 By: Real Estate Sergeant ? Z :E CJ S I OJJ LGUI PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i Marie Co , Editor SWORN TO AND SUBSCRIBED before me this ___4 ___day of May, 2007 L('`? r ,.) ary Nblic C ropy; >Y 1?11 ii rd, 1 00 REAL ESTATE SALE NO. 57 Writ No. 2006-2705 Civil Deutsche Bank National Trust Company, as Trustee on Behalf of the Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2004-HE9 Mortgage Pass Through Certificates. Series 2004 HE9 VS. Scott Carver Atty.: Joseph Goldbeck All that certain tract of land situ- ate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968, a Draft of which Is attached hereto and incorporated herein by reference, as follow: Beginning at a stake on the southern line of fifty (50) feet wide Peavania Route 641 known as Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight (3.388) feet West of the center line of Leg- islative Route 21033, and which stake at the place of beginning is the northwestern corner of Lot No. 35 as shown on the hereinafter mentioned plan of lots now or for- merly of Lester Kotzmoyer: thence from said stake at the place of be- gaming along the western line of said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred eight-two (182) feet to a stake on the northern line of sixteen (16) feet wide alley: thence along the north- em line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a stake at the southeastern corner of land now or formerly of Earl B. Swarner, Jr.: thence along the eastern line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred eighty- two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641 known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning. Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route 641 known as Newville Road and extending southwardly therefrom at an even width a distance of one hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as Westminis Manor as recorded in the hereinafter men- tioned Recorder's Office in Plan Book No. 3, page 67 on which there is erected a one story brick dwell- ing house known as and numbered 1196 Newville Road. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1196 New- ville Road, Carlisle, PA 17013. SOLD as the property of SCOTT CARVER. TAX PARCEL #29-20-1790-018. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#57 ............................ .. Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal 'ferry L. Russell, Notary Public of Harrisburg, Dauphin County Commi ' n Expires June 6, 2010 Me er, e s vania association of Notaries NOT RY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013