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HomeMy WebLinkAbout06-6158PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ATTORNEY FOR PLAINTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140234 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01--- CUMBERLAND COUNTY TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER 6117 WERTZVILLE ROAD ENOLA, PA 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 140234 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 140234 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER 6117 WERTZVILLE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/15/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BRIDGE CAPITAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1934, Page: 98. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 140234 6. The following amounts are due on the mortgage: Principal Balance $157,359.84 Interest 7,742.66 04/01/2006 through 10/19/2006 (Per Diem $38.33) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 11/15/2005 to 10/19/2006 Cost of Suit and Title Search 550.00 Subtotal $ 166,902.50 Escrow Credit -633.42 Deficit 0.00 Subtotal $- 633.42 TOTAL $ 166,269.08 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 166,269.08, together with interest from 10/19/2006 at the rate of $38.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN & SCHMIEG, LLP i r By: /s/Francis S. Hallinan LAW NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 140234 LEGAL DESCRIPTION BEGINNING AT A POINT IN THE CENTER LINE OF WERTZVILLE ROAD AT THE CORNER OF A 40 FEET WIDE STREET KNOWN AS CONNIE DRIVE, THENCE ALONG THE CENTER LINE OF WERTZVILLE ROAD, NORTH 81 DEGREES 30 MINUTES EAST, A DISTANCE OF 75 FEET TO THE CORNER OF LOT NO. 10; THENCE ALONG LOT NO. 10 SOUTH 08 DEGREES 30 MINUTES EAST, A DISTANCE OF 175 FEET TO A POINT ON THE NORTHERN LINE OF AN EASEMENT DIVIDING LOT NO. I 1 FROM LOT NO. 22; THENCE ALONG SAID EASEMENT, SOUTH 81 DEGREES 30 MINUTES WEST, A DISTANCE OF 75 FEET TO THE EASTERN LINE OF CONNIE DRIVE; THENCE ALONG THE EASTERN LINE OF CONNIE DRIVE, NORTH 08 DEGREES 30 MINUTES WEST, A DISTANCE OF 175 FEET TO A POINT, THE PLACE OF BEGINNING. PREMISES BEING 6117 WERTZVILLE ROAD File #: 140234 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1 U(1:7 rr^^ v ?s ? 41 Y •• ?i v IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST CIVIL DIVISION COMPANY, ET. AL., Plaintiff Case No.: 06-6158 Civil vs. TODD GABLE a/k/a TODD D. GABLE and CARLETTE L. GABLE a/k/a CARLA LENKER Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff s claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief and based on the records they currently have in their possession, that they cannot determine the amount that may be due and owing, if any. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days to allow the defendant(s) to bring the mortgage current. Frank E. Yourick, ., Esquir Pa. ID # 00245 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. G Frank E. Yourick, T ., Esquire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 14th day of November, 2006,1 served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 -i4U4J4 - Frank E. Yourick, ., Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 f cs, -! 1? 1 f '? CASE NO: 2006-06158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GABLE TODD ET AL VALERIE WEARY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GABLE TODD A/K/A TODD D GABLE the DEFENDANT , at 1224:00 HOURS, on the 6th day of November 2006 at 6117 WERTZVILLE ROAD ENOLA, PA 17025 by handing to TODD GABLE 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 11.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline SHERIFF'S RETURN - REGULAR , Sheriff or Deputy Sheriff of 39.441--l" 11/07/2006 .. 1113016c PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: 4z. & .? before me this day Deputy Sheriff of A. D. s ti SHERIFF'S RETURN - REGULAR CASE NO: 2006-06158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GABLE TODD ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GABLE CARLETTE L A/K/A CARLA LENKER the DEFENDANT , at 1224:00 HOURS, on the 6th day of November , 2006 at 6117 WERTZVILLE ROAD ENOLA, PA 17025 TODD GABLE. SPOUSE by handing to 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 6.00 ,•? ' ,'? Service .00 r Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,1' 11/07/2006 V3010" PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: < Av/ before me this day Deputy Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 VS. TODD GABLE AWA TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER CUMBERLAND CO COURT OF COMMI CIVIL DIVISION : NO. 06-6158 CIVIL PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against TODD GABLE GABLE and CARLETTE L. GABLE A/K/A CARLA LENKER, Defendant(s), pt Judgment dated 1/5/07, and assess Plaintiffs damages as follows: Debt (Pursuant to Consent Judgment) Interest (10/19/06 to 1/5/07) $166,269.08 3,028.07 TOTAL $169,297.15 DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1/3 ??07 GG PRO PROTH PLEAS A TODD D. it to the Consent 140234 t ^4 ? PHELAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Identification No. 81760 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (7-15) 56a- Deutschc Bank National Trust Company, as Trustee For Morgan Stanley Loan Trust 2006-NC2 Plaintiff VS. Todd Gable a/k/a Todd D. Gable Carlette L. Gable a/k/a Carla Lenker Defendants Court of Coin on Pleas Civil Divisio County of Cu berland No.: 06-6158 ivil Term C ONSENT i TDGMENT 2 AND NOW, This day of , 20D44it is hereb agreed by and between, Deutsche Bank National Trust Company, as Trustee for Morgan Stan ey Loan Trust 2006-NC'. (hereinafter "Plaintiff'), by and through its counsel, Sheetal R. Shah-J Todd Gable, a/k/a Todd D. Gable and Carlette L. Gable, a/k/a Carla "Defendants") by and through their counsel, Frank E. Yourick, Jr. , Esquire, as foll WHEREAS, Plaintiff is the holder of the Mortgage on the property _c Wertsville Road, Enola, PA 17025 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Property; Esquire and (hereinafter at 6117 WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due May 1, 2006 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments i r a period of one month, the entire principal balance and all interest due thereon are due forthwith; ATTORNEY FOR W I IEREAS, the parties to this Consent Judgment are desirous of resolvi?g the issues ,, raised in the Complaint and therefore, Plaintiff and Defendants agree as follows 1. An in rem judgment is entered in favor of Plaintiff and against the Defendant in the suin of $166,269.08 plus interest from October 19, 2006 at the rate of $38 33 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale f the Property. 2. Plaintiff may immediately file the instant Consent Judgment ith the Court. Although Plaintiff shall file the Consent Judgment and may list the property f r Sheriffs sale, Plaintiff agrees that the earliest date that this Property may be sold at Sheriffs ale is April 20, 2007. In the event that, prior to a Sheriffs Sale, it is determined t at Plaintiff has expended sums with regard to the Property, including but not limited to real state taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of d mages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendants will peacefully vacate the Property by the date of the S eriffs Sale. 5. Defendants hereby release and forever discharge Plaintiff, its uccessors and assigns, predecessors, servicers, agents, employees, officers, directors, repre entatives, and attorneys from any and all claims, demands, damages, or liabilities whether ow known or unknown arising out of or in any way connected to Plaintiffs servicing of Defen ants' loan and the within foreclosure action. 0. The attorneys executing this Consent Judgment have done so on] after having discussed the terms with their respective clients and having obtained their consent o be bound by the terms of this Consent Judgment. 7. This Consent Judgment may be executed in counterpart. - Z Date: L WRShah--Jiani, S eEsquir Attorney for Plaintiff 3 r Date:-)I ? ®7 Fr E. Yourick, , squire Attorney for Defen s PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND CO STANLEY LOAN TRUST 2006-NC2 COURT OF COMMi 3476 STATEVIEW BLVD CIVIL DIVISION Plaintiff, NO. 06-6158 CIVIL V. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attoi the above-captioned matter, and that on information and belief, he has knowledge to wit: (a) that the defendant(s) is/are not in the Military or Naval Service or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil 1 of 1940, as amended. PLEAS for the Plaintiff in ie following facts, United States Act of Congress (b) that defendant TODD GABLE AWA TODD D. GABLE is ov r 18 years of age and resides at, 6117 WERTZVILLE ROAD, ENOLA, PA 17025.1 (c) that defendant CARLETTE L. GABLE A/K/A CARLA LEN] of age, and resides at, 6117 WERTZVILLE ROAD, ENOLA, PA This statement is made subject to the penalties of 18 Pa. C.S. Section unsworn falsification to authorities. is over 18 years 04 relating to DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff -j (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 3476 STATEVIEW BLVD CUMBERLAND CO COURT OF COMM, CIVIL DIVISION Plaintiff, NO. 06-6158 CIVIL V. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered ag, 2007. By: If you have any questions concerning this matter, please contact: VANIA PLEAS you on DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBU AN STATION 1617 JOHN F. KENNEDY BLVD., UITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY I FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS N T AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCE: ENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FOl P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, No. 06-6158 CIVIL V. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $166,269.08 ? Interest from 1/5/07 to JUNE 13, 2007 $4,424.97 and (per diem -$27.83) TOTAL $173,722.12 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the directio of the plaintiff. It may not be sold in the absence of a repro entative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plainti f is not present at the sale. 140234 a wz OQ ? a z w a w? aoz ?? O ? O w z o A U OW? Od OH ?HEa., CA UZ zr? 00 ?a? a v ?Ho w? w? F?? AH H? App OF? ~U v U U ? w? W ^o O? o W of w w w s• s w v v _ 3 7.7 Z V V 1?3 41 W) N N O O r r a?•a a dd 00 ww 00 xa as N N WW N d 4- by C} Ce WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6158 Civil CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2, Plaintiff (s) From TODD GABLE A/K/A TODD D. GABLE AND CARLETTTE L. GABLE A/K/A ARLA LENKER (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 pos: of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enio paying any debt to or for the account of the defendant (s) and from delivering any property of thy, (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the posse of anyone other than a named garnishee, you are directed to notify him/her that he/she has been a garnishee and is enjoined as above stated. Amount Due $166,269.08 L.L. $.50 Interest FROM 1/5/07 TO 6/13/07 (PER DIEM - $27.83) - $4,424.97 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.44 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 Curtis X. Long, (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 By: Deputy ned from defendant as a DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN CUMBERLAND COUN STANLEY LOAN TRUST 2006-NC2 Plaintiff, COURT OF COMMON V. CIVIL DIVISION TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER NO. 06-6158 CIVIL TEI Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR M ORGAN STANLEY LOAN TRUST 2006-NC2, Plaintiff in the above action, by its attorney DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execut n was filed the following information concerning the real property located at, 6117 WERTZVILL ROAD EN( PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address caot be reasonably ascertained, please indic te) TODD GABLE A/K/A TODD D. GABLE 6117 WERTZVILLE ENOLA, PA 17025 CARLETTE L. GABLE A/K/A CARLA LENKER 6117 WERTZVILLE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a re ord lien on the real property to be sold: Name Last Known Address (if address c#nnot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address c?nnot be reasonably ascertained, please indicate) None If" -..r, 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address reasonably ascertained, please it None 6. Name and address of every other person who has any record interest in the interest may be affected by the sale. Name COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if reasonably ascertained,) 6TH FLOOR, STRAWBERRY DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 171054 7. Name and address of every other person of whom the plaintiff has knowledge the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. ESQUIRE Last Known Address (if address reasonably ascertained, please it 6117 WERTZVILLE ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRAYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the t knowledge or information and belief. I understand that false statements herein are penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 23, 2007 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff iot be te) and whose ss cannot be indicate) UARE has any interest in be of my personal de subject to the ?? ?, ?? c ? :? _c ? r.? t'. ---- rn ? 7 fwd - `'. _, - _ f .J ., •. ` f.. R DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). TO: TODD GABLE A/K/A TODD D. GABLE 6117 WERTZVILLE ROAD ENOLA, PA 17025 January 23, 2007 CUMBERLAND CO No. 06-6158 CIVIL T CARLETTE L. GABLE A/K/A CARLA LENKE 6117 WERTZVILLE R( ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT B CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROP RTY. * * Your house (real estate) at 6117 WERTZVILLE ROAD ENOLA PA 1, F 025, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland Co my Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,2 9 .15 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE FORM RGAN STANLEY LOAN TRUST 2006-NC2 (the mortgagee) against you. In the event tqe sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 312q.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back pay, ents, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also as the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal s' You may need an attorney to assert your rights. The sooner you contact one, you will have of stopping the sale. (See notice on page two on how to obtain an atto YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVI RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the higher find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amour find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will rema property as if the sale never happened. more chance bidder. You may grossly due in the sale. To the owner of the 5. You have the right to remain in the property until the full amount due is p id 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 hou e. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 cl s of the sale. This schedule will state who will be receiving that money. The money will be paid out i accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE IFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: plaintiff. It ma This property is sold at the directio of the not be sold in the absence of a repre entative of the plaintiff at the Sheriff's Sale. The sale must be p stayed in the event that a representative of the plaint.i present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 stponed or f is not A-, LEGAL DESCRIPTION THE FOLLOWING DESCRIBED PROPERTY SITUATE IN HAMPDEN TO CUMBERLAND COUNTY, PENNSYLVANIA: BEGINNING AT A POINT IN THE CENTER LINE OF WERTZVILLE ROAD AT T E CORNER OF A 40 FEET WIDE STREET KNOWN AS CONNIE DRIVE, THENCE A ONG THE CENTER LINE OF WERTZVILLE ROAD, NORTH 81 DEGREES 30 MINUTES EAST, A DISTANCE OF 75 FEET TO THE CORNER OF LOT NO. 10; THENCE ALONG L T NO. 10 SOUTH 08 DEGREES 30 MINUTES EAST, A DISTANCE OF 175 FEET TO A PO T ON THE NORTHERN LINE OF AN EASEMENT DIVIDING LOT NO. 11 FROM LOT No . 22; THENCE ALONG SAID EASEMENT, SOUTH 81 DEGREES 30 MINUTES WEST, A DISTANCE OF 75 FEET TO THE EASTERN LINE OF CONNIE DRIVE; THENCE A ONG THE EASTERN LINE OF CONNIE DRIVE, NORTH 08 DEGREES 30 MINUTES Wli T, A DISTANCE OF 175 FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO CARLETTE L. GABLE AND TODD GABLE, WIFE AND HUSBAND BY DEED FROM CARLETTE L. GABLE FKA CA ETTE L. GETZ RECORDED 12/6/2004 IN DEED BOOK 266 PAGE 2936, IN THE OFFICE F THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PARCEL IDENTIFICATION NO: 10-14-0842-021A PREMISES BEING: 6117 WERTZVILLE ROAD, ENOLA, PA 17025 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlette L. Gable and Todd Gable, wife an husband, as joint tenants with right of survivorship, by Deed from Carlette L. Gable, f/k/a, Carlette L. Getz, surviving joint tenant of Henrietta M. Bowers, who died on September 1, 1997, dated 11/20/2004, recorded 12/06/2004, in Deed Book 266, page 2938. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Carlette L. Getz and Henrietta M. Bowers, joint tenants with right of survivorship, by Deed from Richard A. Logan and Hui Chin Logan, h sband and wife, dated 08/25/1997, recorded 09/03/1997, in Deed Book 163, page 1000. NOTE: Henrietta M. Bowers died on September 13, 1997. TITLE TO SAID PREMISES IS VESTED IN Richard A. Logan and Hui Chin Logan, his ife, by Deed from Joseph P. Marino, Jr., a single person, dated 08/14/1992, recorded 08/17/199 , in Deed Book 35, page 372. t"? 1. _, :, : t r --4 - C-u - _,._. ?f1 .. , -;i; ? _-; -- ?.? PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). ATTORNEY FOR CUMBERLAND COUN COURT OF COMMON CIVIL DIVISION NO. 06-6158 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney the above-captioned matter, and that the premises are not subject to the provisions ofl because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 falsification to authorities. 'or the Plaintiff in .ct 91 to unsworn DANIEL G. SCHMIEq, ESQUIRE Attorney for Plaintiff i d"' ?=3 ' c,:?s : i ..,, t _ -- -4? ? _.-. _. ?? '- ? C.? ? ..r C? ? '-C". 01 Pheldn Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6158 CIVIL TERM SALE DATE: JUNE 13, 2007 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., Attorney of Record for Defendant(s), TODD GABLE A/K/A TODD D. GABLE & CARLETTE L. GABLE A/K/A CARLA LENKER at P.O. BOX 644, MURRYSVILLE, PA 15668 on MAY 11, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. & SCHMIEG By: G. `Sn MIEGL ESQUIRE W O ?? r? Q M a 3?Gcd,, U W .? ca^ a ° -mac P64 ? PA t "C t b V t a U ?o b W o w x £Q 66 l 3d0'JdIZ OOOq L h0 o f coot <« w? za G 096"00 $ ?;o ®? .. 1 0 . ......e ?? sods? w a c? ? y a yogiEl N uY 00 u sj 9 y.5? u W ? N 0 U y w G'? G b O O ^3 4'' O N N r, mod' .i a U ? a a u x a 00 W 4n a a a A A 0 G A al Q H PL o? z p r- N M a rrt r t-E?? J ?' Jo t...- N h3 < SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR No.: 06-6158 CIVIL TERM MORGAN STANLEY LOAN TRUST 2006- NC2 VS. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 6117 WERTZVILLE ROAD, ENOLA, PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ' DANIEL SCHMIEG, ES RE Attorney for Plaintiff W a z?? WO1130311,vw £0461 3oood{Z p4484z ooo r ` LOOZ 4 41? dY? c o9600$ 53 N A3NIld il? . a 0do a a w d a'' O UV1 a ? W v? ?v .» O J ?xa A. 4 a 00 o ? a e 01 z, ? 0 w w F? y ?pp? O, O N qu o g y A d ? U O V] U o ts. ? K p ?Aa pop ca I s 4 7'Q d rV. W N N ? W ? 'OGG OO b N?O N id v c°3 ?+ Y? G $ v P JJ O 7 N O ? O 6p 6A > O ? C o p p 7 ??? A ? M OJJ oQ M d O P ?r M O ? v s a a ? o Q ? W A 0 H d wo w a? Cyb A N x u r4 ^ " ° o 00 ? O r-+ W d r? `cd V ?w CG N ? a b ? Q ? of b zap a ?8 £O l6 L 3000 d2 W023-4 d3 "' - LOOZ 9Z NVP O LOS Lyz+?'000 E g o5t?'ZO $? 530As 06„ur+ o <G C7 v? Q p ?I 1 V o F? 8 V + xx " ? (Wj? W ? Z ?? E +n e' d a O CS O a O E? p m ? c? H o ??aa VI a O ° F D Y ^ g M O a oFC ? o?L 8 Z N O W pL E-+ o °? ° O v? -. cn ' c ? ate, p U¢ ° ? ?-- 9 U ZZ U U ? A A v A a ? p H °' O ? '° ? O F. a w ? a O ?? vWia" x ? a o? O F a OU a Wz < ? a 0 z A ? ? W O O s A p a xE z o ° H ° v °¢ ? a a o3 O m E z m y Q H O >` yea 5 N ? v ?n ?o r oo a ? ^' ? ?^ ? '^ a 0 1'? r_- -n -T) il !_? i • _ ..;. - -n f ri r ll f 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Morgan Stanley Loan Trust 2006-NC2 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 31 st day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6158, at the suit of Morgan Stanley Loan Trust 2006-NC2 Tr against Todd Gable aka Todd D & Carlette L aka Carla is duly recorded in Deed Book No. 281, Page 68. IN TESTIMONY WHEREOF, I have hreunto set my hand an d sal of said office this day of ()4'd A.D. Recorder of Duds, Cumbenend Couoy, Cuff, PA MY Ca AW10n E*ku fhe First Monday 01 Jae. 2010 Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee for Morgan Stanley Loan Trust Cumberland County, Pennsylvania 2006-NC-2 Writ No. 2006-6158 Civil Term VS Todd Gable a/k/a Todd Gable and Carlette L. Gable a/k/a Carla Lenker Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2007 at 1517 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: Carlette L. Gable a/k/a Carla Lenker, by making known unto Shelby Lenter, adult daughter of Carlette L. Gable a/k/a Carla Lenker, at 6117 Wertzville Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 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: Todd Gable, 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 defendant, Todd Gable. Defendant moved and left no forwarding address with the post office. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1157 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 Todd Gable a/k/a Todd D. Gable and Carlette L. Gable a/k/a Carla Lenker located at 6117 Wertzville Road, Enola, 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: Carlette L. Gable a/k/a Carla Lenker, by regular mail to her last known address of 6117 Wertzville Road, Enola, PA 17025. This letter was mailed under the date of April 3, 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 Daniel Schmieg, on behalf of Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2, of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1218.46. Sheriffs Costs: Docketing $30.00 Poundage 23.90 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 26.88 Levy 15.00 Surcharge 30.00 Law Journal 467.00 Patriot News 455.51 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 46 ? bIORIV? $ 1218. So Answers: R. Thomas Kline, Sheriff BY p-k qy, v 1? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, Y. TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE AWA CARLA LENKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6158 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 6117 WERTUILLE ROAD, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name TODD GABLE A/K/A TODD D. GABLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 6117 WERTZVILLE ROAD ENOLA, PA 17025 CARLETTE L. GABLE A/K/A CARLA LENKER 6117 WERTZVILLE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the re property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address can,- reasonably ascertained, please indi None 5. Name and address of every other person who has any record lien on the property: r Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. ESQUIRE 6117 WERTZVILLE ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRAYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 23, 2007 , DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff r DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 Plaintiff, V. CUMBERLAND COUNTY No. 06-6158 CIVIL TERM TODD GABLE A/K/A TODD D. GABLE CARLETTE L. GABLE A/K/A CARLA LENKER Defendant(s). January 23, 2007 TO: TODD GABLE A/K/A TODD D. GABLE 6117 WERTZVILLE ROAD ENOLA, PA 17025 CARLETTE L. GABLE A/K/A CARLA LENKER 6117 WERTZVILLE ROAD ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 6117 WERTZVILLE ROAD, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $169,297.15 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. e You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 V LEGAL DESCRIPTION THE FOLLOWING DESCRIBED PROPERTY SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA: BEGINNING AT A POINT IN THE CENTER LINE OF WERTZVILLE ROAD AT THE CORNER OF A 40 FEET WIDE STREET KNOWN AS CONNIE DRIVE, THENCE ALONG THE CENTER LINE OF WERTZVILLE ROAD, NORTH 81 DEGREES 30 MINUTES EAST, A DISTANCE OF 75 FEET TO THE CORNER OF LOT NO. 10; THENCE ALONG LOT NO. 10 SOUTH 08 DEGREES 30 MINUTES EAST, A DISTANCE OF 175 FEET TO A POINT ON THE NORTHERN LINE OF AN EASEMENT DIVIDING LOT NO. 11 FROM LOT NO. 22; THENCE ALONG SAID EASEMENT, SOUTH 81 DEGREES 30 MINUTES WEST, A DISTANCE OF 75 FEET TO THE EASTERN LINE OF CONNIE DRIVE; THENCE ALONG THE EASTERN LINE OF CONNIE DRIVE, NORTH 08 DEGREES 30 MINUTES WEST, A DISTANCE OF 175 FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO CARLETTE L. GABLE AND TODD GABLE, WIFE AND HUSBAND BY DEED FROM CARLETTE L. GABLE FKA CARLETTE L. GETZ RECORDED 12/6/2004 IN DEED BOOK 266 PAGE 2936, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PARCEL IDENTIFICATION NO: 10-14-0842-021A PREMISES BEING: 6117 WERTZVILLE ROAD, ENOLA, PA 17025 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlette L. Gable and Todd Gable, wife and husband, as joint tenants with right of survivorship, by Deed from Carlette L. Gable, f/k/a, Carlette L. Getz, surviving joint tenant of Henrietta M. Bowers, who died on September 13, 1997, dated 11/20/2004, recorded 12/06/2004, in Deed Book 266, page 2938. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Carlette L. Getz and Henrietta M. Bowers, as joint tenants with right of survivorship, by Deed from Richard A. Logan and Hui Chin Logan, husband and wife, dated 08/25/1997, recorded 09/03/1997, in Deed Book 163, page 1000. NOTE: Henrietta M. Bowers died on September 13,1997. TITLE TO SAID PREMISES IS VESTED IN Richard A. Logan and Hui Chin Logan, his wife, by Deed from Joseph P. Marino, Jr., a single person, dated 08/14/1992, recorded 08/17/1992, in Deed Book 35, page 372. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6158 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2006-NC2, Plaintiff (s) From TODD GABLE A/K/A TODD D. GABLE AND CARLETTTE L. GABLE A/K/A CARLA LENKER (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 $166,269.08 L.L. $.50 Interest FROM 1/5/07 TO 6/13/07 (PER DIEM - $27.83) - $4,424.97 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.44 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 Curtis R. Long, Proth ary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 26 On February 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 6117 Wertzville Road, 0 Enola, more fully described on Exhibit "A" ? filed with this writ and by this reference Co Qom, incorporated herein. Date: February 13, 2497 By:, 1C Gf,??JVvt??:? Real Estaf"e Sergeant L S .b ? Z 1 U(J] # LGQl 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. Marie Coyne, SWOfM TO AND SUBSCRIBED before me this 4 day of May, 2007 NO i A ' f"I SEAL v LOIS E. SNYDFR, Notary Public Carlisle Coro, Cumberland County fty Cer,o;sai`r,5 March S, 20091 REAL ESTATE SALE NO. 26 Writ No. 2006-6158 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2 VS. Todd Gable a/k/a Todd D. Gable and Carlette L. Gable a/k/a Carla Lenker Atty.: Daniel Schmieg LEGAL DESCRIPTION The following described property situate in Hampden Township, Cumberland County, Pennsylvania: BEGINNING at a point in the cen- ter line of Wertzville Road at the corner of a 40 feet wide street known as Connie Drive, thence along the center line of Wertzville Road, North 81 degrees 30 minutes East, a distance of 75 feet to the corner of Lot No. 10; thence along Lot No. 10 South 08 degrees 30 minutes East, a distance of 175 feet to a point on the northern line of an easement dividing Lot No. 11 from Lot No. 22; thence along said ease- ment, South 81 degrees 30 minutes West, a distance of 75 feet to the eastern line of Connie Drive; thence along the eastern line of Connie Drive, North 08 degrees 30 minutes West, a distance of 175 feet to a point, the place of BEGINNING. BEING the same property con- veyed to Carlette L. Gable and Todd Gable, wife and husband by deed from Carlette L. Gable ika Carlette L. Getz recorded 12/6/2004 in Deed Book 266 Page 2936, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. PARCEL IDENTIFICATION NO: 10-14-0842-021A. PREMISES BEING: 6117 WERTZ, VILLE ROAD, ENOLA, PA 17025. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlette L. Gable and Todd Gable, wife and husband, as joint tenants with right of survivor- ship, by Deed from Carlette L. Gable, f/k/a. Carlette L. Getz, sur- viving joint tenant of Henrietta M. Bowers, who died on September 13, 1997, dated 11/20/2004, recorded 12/06/2004, in Deed Book 266, page 2938. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Carlette L. Getz and Henrietta M. Bowers, as joint ten- ants with right of survivorship, by Deed from Richard A. Logan and Hui Chin Logan, husband and wife, dated 08/25/1997, recorded 09/ 03/1997, in Deed Book 163, page 1000. NOTE: Henrietta M. Bowers died on September 13, 1997. TITLE TO SAID PREMISES IS VESTED IN Richard A. Logan and Hui Chin Logan, his wife, by Deed from Joseph P. Marino, Jr., a single person, dated 08/14/1992, re- corded 08/17/1992, in Deed Book 35, page 372. 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#26 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry, tL. Russell, Notary Public j Of Harrisburg; Dauphin County mmission Expires June 6, 2010 r M r, Pennsvlvania Association of Notaries NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 soft "a. pAd vom 1W to IMSt vs, Todd WAS ~00 ow Gard LOOP*'* Cafta Ladow AW DW9d QEe TtM FOf1DWING DWCRMW FROPW SMATE IN AAA C013NTY. CuWSHRLAND kNNMVANW' BW LM Of AT THE COMO ANNJNG AT A O T O N C AVEMMUE A 40 FIET WEN STR?f %NOWN AS CMM DRNE. ALONG RW ? 811 UNE Of W F A pg('Ar1CE OF 75 30 CORNER OF LOT NO. 10; Ma 1,0 M ALONG LM NO. 10 S0 d8 D0ggRjgSV WMW EAST, A DI$1'},in 0, " 'm To -k Pow 011 To NOO"N LM or E 171Vn Im NO, ilk TjWn ALONG 193a? A WTAPM OF 75 feE{ TO TW EASI't Dg1fz' UM OF CON[ ?'a? A. MPJ" 4W 175 ist'90 A lOg?£. two I* AM CMIIM nN°? fl GAME, WK FROM CASE L. GABI'4 . rjk.BLqM 1, GM 2m ?? Dow BOOK OW O D CTS?T) 44WT'Y ? Y?.tc eta. lo--. 021A W04V VpDgW BMNG: 6117 V1L16 ROAD ENO[ A,1'A 17025 T IS VESTED IN , T?iZ to SAM P ? e of We, L. by Deed from. . -L Gable, mR,A r ; o Ida, Cajou L. Getz, sur4wmg svmko Uenjita M Howes. on VW " &d 12f0(tf 13. 1941, ? 1?' mwr qp inDaed13ttok26C .2938. ,MU To SAID PRID&WS is VFSM IN M. Bowem as De nla C vAlk d H Chita Logan. joint tet from RWard A. p8 V1997, pmukd Wia"d ?Bowe+ied 1 NUMUM*m 13.1'I. L5 MTHD IN- R> Sf k? • r7 Dtrd ?? tttMttid