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HomeMy WebLinkAbout07-1527PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148508 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005- DO1 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6-7 - /?' -7w ..27 C.,,Zc -l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148508 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 #: 148508 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 File #: 148508 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 #: 148508 I . Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/18/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1899, Page: 1454. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 148508 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 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. The following amounts are due on the mortgage: Principal Balance $392,085.28 Interest $14,317.23 09/01/2006 through 03/20/2007 (Per Diem $71.23) Attorney's Fees $1,250.00 Cumulative Late Charges $506.48 02/18/2005 to 03/20/2007 Cost of Suit and Title Search $550.00 Subtotal $408,708.99 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $408,708.99 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 148508 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 148508 10. 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 $408,708.99, together with interest from 03/20/2007 at the rate of $71.23 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 HALLINAN & SCHMIE LP g /'W/V By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148508 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; thence along the western line of Greenwood Circle, in a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife, a distance of two hundred fifty (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig and Virginia Romig, his wife; thence along said eastern line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No.44 on said Plan, in a northwardly direction, a distance of one hundred fifty (150) feet to a point on the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; and thence along said southern line of Harold A. Herre and Jane M. Herre, his wife, in an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the western line of Greenwood Circle, the place of BEGINNING. BEING the southern one-half (1/2) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. PROPERTY BEING: 48 SOUTH TERRACE ROAD File #: 148508 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. '? / /tz?' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ??_? !v ? '\ O V r °r t c-s i N N Gfi O q 5g m -q , 0 t n PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff 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 THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- D01, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION PLANO, TX 75024 NO. 2007-01527 Plaintiff, V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS and IRENE A. GEKAS A/K/A IRENE A. GLINATSIS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 03/21/07 to 04/25/07 TOTAL $408,708.99 $2,564.28 $411,273.27 I hereby certify that (1) the addresses of the P (2) that notice has been given in accordance with R? ff and Defendant(s) are as sown above, and 7.1,,copy a)ach$d. DANIEL G. SCHMII Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: A L .2?7c 2007 PR PROTHY 148508 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY : COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1,ASSET-BACKED : CIVIL DIVISION CERTIFICATES, SERIES 2005-DO 1 Plaintiff : CUMBERLAND COUNTY Vs. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendants NO. 207-01527 oT r_? k ?x? 4 F TO: CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 DATE OF NOTICE: APRIL 13, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFFURAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F CIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY : COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DOI,ASSET-BACKED : CIVIL DIVISION CERTIFICATES, SERIES 2005-DO I Plaintiff : CUMBERLAND COUNTY Vs. : NO. 207-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendants FILE TO: IRENE A. GEKAS A/K/A IRENE A. GLINATSIS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 DATE OF NOTICE: APRIL 13, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ,mss. J? F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. 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 THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 7105 CORPORATE DRIVE Plaintiff, V. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2007-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS . A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. : GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS is over 18 years of age and resides at, 48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043-1125. (c) that defendant IRENE A. GEKAS A/K/A IRENE A. GLINATSIS is over 18 years of age, and resides at, 48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043-1125. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /-? Attorney for Plaintiff O C _ Sv ' e j-? E7 C_J r..s 0 L??1 Y lk (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 FOR THE HOLDERS CUMBERLAND COUNTY OF SOUNDVIEW HOME LOAN TRUST 2005- COURT OF COMMON PLEAS DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DOI CIVIL DIVISION 7105 CORPORATE DRIVE NO. 2007-01527 Plaintiff, V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/KIA CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). A -I By: If you have any questions concerning this matter, please contact: Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . 6-A-NIEL G. SCftMIEG, ES?._/ \ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." i J"' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 Plaintiff, V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS No. 2007-01527 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $411,273.27 Interest from 04/25/07 to SEPTEMBER 9, 2007 $8,992.13 and Costs (per diem -$67.61) TOTAL $422, 41. A EL G. SC IEG, S Q \\ One Penn Center at Suburban S o 1617 John F. Kennedy Boulevar , uite 1400 U Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. 148508 w d W Z d? O? a vz Wo OU pG A V N? d A d zd ?wQA,-, a a z Ez?,,,a o A ?"' pHr,,??o H W ow3ww U? ddoAd a' Wo fit, wW w w?pNW ?? ? U z 4A? d A LLJ t 7 f . C%j t 22 • CL H - r-- ? V ?yV 'T r-L w E-' v ? V y ,' w U 0 w W .? O ? H o ?W W 00 w V a V Lo. 2- vy ? N ? MME, o C.. d d as ?W as a w V ?v a a [w.+ F op0 -l G ? y t>r 00 ?a Q H r' M Q .do LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; thence along the western line of Greenwood Circle, in a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife, a distance of two hundred fifty (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig and Virginia Romig, his wife; thence along said eastern line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No.44 on said Plan, in a northwardly direction, a distance of one hundred fifty (150) feet to a point on the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; and thence along said southern line of Harold A. Herre and Jane M. Herre, his wife, in an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the western line of Greenwood Circle; the place of BEGINNING. BEING the southern one-half (1/2) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. TITLE TO SAID PREMISES IS VESTED IN: DEAN N. GEKAS A/K/A CONSTANTINE N. GEKAS AND IRENE A. GEKAS, HUSBAND AND WIFE. CONSTANTINE N. DATED 02/18/2005 AND RECORDED 03/07/2005, IN DEED BOOK 267 AND PAGE 4178. PREMISES BEING: 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 PENNSYLVANIA PARCEL #: 47-20-1856-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1527 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 THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES, SERIES 2005-DO1, Plaintiff (s) From CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS, AND IRENE A. GEKAS A/K/A IRENE A. GLINATSIS (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 $411,273.27 L.L. $.50 Interest FROM 4/25/07 TO 9/9/07 (PER DIEM - $67.61) - $8,992.13 AND COSTS Atty's Comm % Atty Paid $177.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: APRIL 27, 2007 (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 d1z ?, 4 z ? L Lon o 0 Cups R., al By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. 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 THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- D01, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 Plaintiff, V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS . A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. : GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2007-01527 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 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 relating to unsworn falsification to authorities. DANIEL G. S"`HMII Attorney for Plaintiff C3 r?3 Q qv, lJ V J ? 4 ? ?"' DEUTSCHE BANK NATIONAL TRUST -COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2007-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 , 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,48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043-1125. 1. Name and address of Owner(s) or reputed Owner(s): Name CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS Last Known Address (if address cannot be reasonably ascertained, please indicate) 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 IRENE A. GEKAS A/K/A IRENE A. 48 SOUTH TERRACE ROAD GLINATSIS WORMLEYSBURG, PA 17043-1125 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 real property to be sold: Name r Last Known Address (if address cannot be reasonably ascertained, please indicate) REISMAN DAVID LAWN SERVICES, 4705 GETTYSBURG ROAD INC. MECHANICSBURG, PA 17055 '4. Name and address of last recorded holder of every mortgage of record: Name PENNSYLVANIA STATE BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 2148 MARKET STREET P.O. BOX 487 CAMPHILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 re made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns?n falsification to authors April 25, 2007 I V l l ' DATE ANIEL G. S MIEG, ES U Attorney for Plaintiff ? ? ,- °-- __., ? , U, ? ? _.,,r = ? ? ?;- -?Z35 .!? > ^?? ? .?`" "? 4( DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR THE HOLDERS No. 2007-01527 OF SOUNDVIEW HOME LOAN TRUST 2005- DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 . Plaintiff, V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). TO: CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 April 25, 2007 IRENE A. GEKAS A/K/A IRENE A. GLINATSIS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 "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 BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043- 1125, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 9, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $411,273.27 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 (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. 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. r 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 e LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; thence along the western line of Greenwood Circle, in a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife, a distance of two hundred fifty (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig and Virginia Romig, his wife; thence along said eastern line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No.44 on said Plan, in a northwardly direction, a distance of one hundred fifty (150) feet to a point on the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; and thence along said southern line of Harold A. Herre and Jane M. Herre, his wife, in an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the western line of Greenwood Circle; the place of BEGINNING. BEING the southern.-one-half (1/2) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. TITLE TO SAID PREMISES IS VESTED IN: DEAN N. GEKAS A/K/A CONSTANTINE N. GEKAS AND IRENE A. GEKAS, HUSBAND AND WIFE. 'CONSTANTINE N. DATED 02/18/2005 AND RECORDED 03/07/2005, IN DEED BOOK 267 AND PAGE 4178. PREMISES BEING: 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 PENNSYLVANIA PARCEL #: 47-20-1856-032 C? o CO -r7 ` ?I Q SHERIFF'S RETURN - REGULAR CAE NO: 2007-01527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GEKAS CONSTANTINE N ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GEKAS CONSTANTINE N AKA DEAN GEKAS AKA CONSTANTINE NSGEKAS the DEFENDANT , at 1646:00 HOURS, on the 23rd day of March , 2007 at 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 DEAN GEKAS 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 18.00 Service 14 .4 0 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 ? 42.40 03/27/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By before me this day Deputy eriff of A.D. SHERIFF'S RETURN - REGULAR CMSE NO: 2007-01527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GEKAS CONSTANTINE N ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GEKAS IRENE A AKA IRENE A GLINATSIS the DEFENDANT , at 1646:00 HOURS, on the 23rd day of March 2007 at 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 by handing to DEAN GEKAS, ADULT IN CHARGE 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: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 'C ? .00 10.00 R. Thomas Kline .00 16.00 03/27/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this of B day Deputy Sheriff A. D. AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 DEFENDANT(S) CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS GLINATSIS CUMBERLAND COUNTY No. 2007-01527 ACCT. #148508 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 SERVE IRENE A. GEKAS A/K/A IRENE A. GLINATSIS AT 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 SERVED Served and made known to -tV.eAQ. 4 - &ekM , Defendant, on the -9, a ftc day of M" ,2007- at S' iq , o'clock f-.m., at 504 Terrace. Wov-vi "btkvr Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I, _ I V l , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ? 1!:' Descri tion: Age 3 Height 7r Weight O Race W Sex Other IRENE A. GEKAS A/K/A IRENE A. By. AERWIMI, LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On th(6 ewd" , 200_, at o'clock _.m., Defendant NOT FOUND because: PA T RivIA E. HARRIS Commisskufrohbires.lune 1 jQgW No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire T T - /....,,1 2°d Attempt: Time: 3'? l? 0 L F f' MM YTI 6m W ,COUNTY PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DOI DEFENDANT(S) CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS GLINATSIS IRENE A. GEKAS A/K/A IRENE A. SERVE CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS AT 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 SERVED CUMBERLAND No. 2007-01527 ACCT. #148508 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to 0bma C-i o N - Gekas , Defendant, ` on the a A,4 day of M ,¢Y 200, at ',Iq o'clock p.m., at ¢ &9u T1e+(i('ac1Z QB, rV?/I??eys bLLf? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is It'2 Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AgeA Height rT Weight 1W Race Sex __F Other I, FN4TV , 1 `??b L?- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. S and subscri d bef 'saw? day of 200,2. _ N - By "Loltuo MPT SER T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State 0i i?4ew Jersey NOT SERVED On the PATR4ygiVwARRIS 200. at o'clock _.m., Defendant NOT FOUND because: Commission Expires June 16,20M Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Vl Q( ? a o - z `=' .o 6m PIO W SALE DATE: SEPTEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE No.: 2007-01527 HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 VS. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS 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: 48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043-1125. 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. L26wial 'a DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: August 1, 2007 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 2007-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 , 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,48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043-1125, 1. Name and address of Owner(s) or reputed Owner(s): Name CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Last Known Address (if address cannot be reasonably ascertained, please indicate) 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 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 real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REISMAN DAVID LAWN SERVICES, INC. 4705 GETTYSBURG ROAD MECHANICSBURG, PA 17055 PA DEPT. OF REVENUE ATTN: SHERIFF SALES BUREAU OF COMPLIANCE DEPT. 281230 CLEARANCE SUPPORT SECTION HARRISBURG, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA STATE BANK 2148 MARKET STREET P.O. BOX 487 CAMPHILL, PA 17011 5. Name and address of every other person who has any record lien on the property: 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) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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. July 30, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .o ra 00 J 01 U A W N ""' loo '^ 3 C , D N CD z c c r CD :?o xda;`?n o > x z a? " In ?x z y W on a a z ??o ???o " o y a N o"a n? z -i r7l j Z p a a ? a r-r ?cPO W 'zf a 0 aa? W o C ????? a C a ?, z A z C) x w ? x z y n y r R y CM ? b? ? v? a ? z ?d ? x > 2 x 00 v, to Z C/a N cn Cif ° 00 (n ? lsJ Q A 00 a A > tTj trJ p C?i'1 1.0 C C b U i a I e z d o d - m a c w , o ? c 00-1r, 0 z C6 r? 0 ) 0-3 r k w oo g a 3 00 O w =. g LOS. o "" a t y. _o.a t7.7 c ?? x x -I ? z // t2l o Crf x z _ g w C o C C) W [17 r-3 ~ ^ O z '^ n i3 a a7 [ `? Ci7 Q F rA1 w " N C=7 0-5 S z a o ?° a i ? a ?. tTJ O p O , Q `?? ?0 cn Vii ?-+ ° X 00 Pses P . 9. all- o N c 40 oo S v a ( I .r 2 tee/ ? _ IVY 02 1M 0004218010 { MAILED FROM Zil B?Na 3 ? 00 gv o C >' r ce ? ' r .a ?zo r Aa3 to m Z a r - t,br ?a o (? a 59 ?Z C6 n 0:V. RR r fR 7? N C6 O `C Q yz o F Gd 0 ? Q M `d A Vi p ;'d a ?' O A o k4 04 r ? A v r 6A'?• p•?j, U1 0 A n y 10l*S PQ fit ?'a ep si %? - ? ® WiNEY HOYMES $ H r 02 1M $ 09.05° 0004218090 JUL31 2007 $ MAILED FROMZIPCODE 19103 n ? C? ?' t7 t`tf ; y r- M FT; s -P01 -c r'o PHELAN HALLiNAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO 1 Plaintiff VS. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 2007-01527 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on March 21, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "All. 2. Judgment was entered on April 27, 2007 in the amount of $411,273.27. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $392,085.28 Interest Through 9/05/07 31,933.56 Per Diem $70.25 Late Charges 379.86 Legal fees 1,675.00 Cost of Suit and Title 1,039.00 Sheriffs Sale Costs 0.00 Property Inspections 127.50 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 20.00 Suspense/Misc. Credits (1,154.85) Escrow Deficit 9,118.68 TOTAL $4359224.03 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on August 8, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: q al linan & Sc gLLP aelan H By: le M. Bra for E E q ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for Court of Common Pleas the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO1 Civil Division Plaintiff vs. Cumberland County Constantine N. Gekas A/K/A Dean Gekas No. 2007-01527 A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 48 South Terrace Road, WormIeysburg, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarant?Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55,621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopj m g_ Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: eg, LLP Attorney for Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149509 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005- DO1 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148508 W rue and r3 jj?b? -: it within to ue 3 true a correct copy n rheco orginal ?41?+ PHELAN HALLINAN & SCHMTEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. IIALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148508 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO 1, ASSET- BACKED CERTIFICATES. SERIES 2005- DOI 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149508 jAtvp' %Ui ?'awt one We woin to b8 3 true and copy of the o c0tv file" n# r6.corc$ 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 :n-c served, by entering a written appearance personally or by attorney and filing in writing with t11?- court your defenses or objections to the claims set forth against you. You are warned that it yc1: fail to do so the case may proceed without you and a judgment may be entered against ? oti D,, tiic court without further notice for any money claimed in the complaint or for any other clainn or relief requested by the plaintiff. You may lose money or property or other rights important t you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYi)l? DO NOT HAVE A LAWYER, GO TO OR TELEPI40NE THE OFFICE SET FOR-1-1 f BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING :11.A WYER- IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL.4? TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA'I' 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 #: 148508 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 File N: 149508 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 #: 148508 l . Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GE, KAS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/18/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1899, Page: 1454. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 149508 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 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. 6. The following amounts are due on the mortgage: Principal Balance $392,085.28 Interest $14,317.23 09/01/2006 through 03/20/2007 (Per Diem $71.23) Attorney's Fees $1,250.00 Cumulative Late Charges $506.48 02/18/2005 to 03/20/2007 Cost of Suit and Title Search 550.00 Subtotal $408,708.99 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $408,708.99 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 149508 8. Plaintiff is not seeking a judgment of personal liability (or an in personam 'Lld{.'111 alt.) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has ll,l; c reccived a discharge of personal liability in a bankruptcy proceeding;, this Ac-i1011 of Mortgage Foreclosure is in no way an attempt to reestablish such personal liabilit;; discharged in bankruptcy, but only to foreclose the mortgage and sell the morto. a4,':d premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of 1 lonieor- n:: s Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998. ac?ca Notice of Default as required by the mortgage document, as applicable, have beccl s,:;:t io 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 1'1,,int-IT or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Filc #: 148508 10. 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 $408,708.99, together with interest from 03/20/2007 at the rate of $71.23 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 HALLINAN & SCHMIE LP By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149508 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; thence along the western line of Greenwood Circle, in a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife, a distance of two hundred fifty (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig and Virginia Romig, his wife; thence along said eastern line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No.44 on said Plan, in a northwardly direction, a distance of one hundred fifty (150) feet to a point on the southern line of lands now or late of Harold A. Herre and Jane M. lierre, his wife; and thence along said southern line of Harold A. Herne and Jane M. Herre, his wife, in an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the western line of Greenwood Circle, the place of BEGINNING. BEING the southern one-half (1/2) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. PROPERTY BEING: 48 SOUTH TERRACE ROAD Fife M: 149508 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attomey for 1'LAiN?Tll-F in this matter, that Plaintiff is outside the jurisdiction of the court and or the Veri(icaiioti coul ; ; be obtained within the time allowed for the filing on the pleading, that he is authorized Lo male. dies verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in die forcuoin,, Cli 11 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 14 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQl.IM: Attorney for Plaintiff DATE: ?L1 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff 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 THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DOI 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff, CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS ATTORNEY FILE COPY PLEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS a C Q CIVIL DIVISION _- -70 NO. 2007-01527 u> rr. o m :Y; 0, rn 0 . L. to ATTORNEY FILE &P .- , PLEASE RETURN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS and IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint ATTORNEY FILE C() 08 708.99 Interest from 03121/07 to 04I25/07, 1 PLEASE RETURN $2,564.28 TOTAL $411,273.27 I hereby cerdfy that (1) the addresses of the Plaintiff and Defendant(s) are as s? own above, and (2) that notice has been given in accordance with R1 qe37.1. copy atl&chtd. ATTORNEY ME COPY r "SANIEL G. SCH1vIIE , PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 148508 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire August 8, 2007 Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 7043 Representing Lenders in Pennsylvania and New Jersey RE: Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO 1, Asset-Backed Certificates, Series 2005-DO 1 vs. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas and Irene A. Gekas A/K/A Irene A. Glinatsis Premises Address: 48 South Terrace Road, Wormleysburg, PA 17043 Cumberland County CCP, No. 2007-01527 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, August 13, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. aMic Tele y ours, M. B d rd, squire For Phelan Hallinan & Schmieg, LLP Enclosure O a v w x U x w W x a r. 0 V ? 00 ? O Ya v U R ab C ? oa b v C y 7. Q na-m R e To j C p ,y 44 £ O u F C Z4 'a O c0 ? s u E ? u uy u t u 6! d X A A 7 _, V .+ u z W s o L 6 L 3GO3 diz woa-A a311Vw ? n cooz aoenv oloal bo o O o w z 0.10 3 0 $ . m= ? 3 I O 5310o MINIM C . H c ®ae??'7v? E ? d?y M v e a ? ° 0. 1SOd S'? v E y °'C0 x v u ? w E uo U Q cd ?y m ° ° ^' a?i C h L'?°uao Q u O T ? N ? ? A U a'C S .y CC ` , L Coo 8 O u _ m 00 ; gg w z ooo;? N Uj ° 0= Ev ?I •? L m2.EM U C y0 ^ - O L O GM Y . ^y U7 CI I"' ? a U ? u 0 0 r? O a 12 /.1 U O M Q z a cvd, 'LS y ? M a. co 'b Q H ca ? Cd u U a C7 0 . 4. :? ? o C...d r_; as Cc z' d CC z O N O UQx ° c- v .n z o 00 00 U "'q V }} a am E ti N z -' r-a ?--? N M 'Ct N ?O [- 00 01 O N M ?t ? s VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 64 Phelan Hallinan & Schmieg, LLP By Uichele. BAttorney for Plaintiff ? r? "' { j _ -- ? ? __r "y't ?,.; .. -? « -i "i ?'". PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO1, Asset-Backed Certificates, Series 2005-DO1 Plaintiff vs. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants Court of Common Pleas Civil Division : Cumberland County No. 2007-01527 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 17043 DATE: a 'nan & Sc T ,LLP e M. Bradf r squire 7A ttorney for Plaintiff r t. } 'i c.n ,%, „r_-_ -. & DUETSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET BACKED CERTIFICATES, SERIES 2005-DO1, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1527 CIVIL ORDER OF COURT AND NOW, this 17th day of August, 2007, upon consideration of the Plaintiff's CONSTANTINE N. GEKAS, A/K/A DEAN GEKAS, A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS DEFENDANTS Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 7, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., By the Court, .fling L Z •01 WV L I SAV LOOT i?,f,'Ltd ]HI JO Michele M. Bradford, Esquire Attorney for Plaintiff n-? g, 3O, 0 7 Constantine N. Gekas a/k/a Dean Gekas, a/k/a Constantine Sneaks, a/k/a Dean N. Gekas and Irene A. Gekas, a/k/a Irene A. Glinatsis Defendants bas V PHELAN HALLMAN & SCHMIEG Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax (215) 563-5534 a _f ui fednhe_enm SUE FRUIT Representing Lenders in Legal Assistant, Ext. 1276 Pennsylvania and New Jersey Office of the Prothonotary CUMBERLAND County Courthouse Re: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 VS. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS and IRENE A. GEKAS A/K/A IRENE A. GLINATSIS NO: 2 -01527 PHS#: 148508 AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be gtgyed or jkQSjnnned_*** **Property is listed for the ',%F.PTRMRF,R 5, 2(117 Sheriff Sale** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he snld in th ahmnee of a represen a iv of the Plaintiff at h Sh rime Sale. The sale most be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Very truly yours, By: PHELAN HALLINAN & SCHMIEG SUE FRUIT, Legal Assistant cc: Sheriff of CUMBERLAND County 'DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS CUMBERLAND COUNTY OF SOUNDVIEW HOME LOAN TRUST 2005- DOI, ASSET- BACKED CERTIFICATES. SERIES COURT OF COMMON PLEAS 2005-DO1 CIVIL DIVISION Plaintiff, V. NO. 2007-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1. ASSET- BACKED CERTIFICATES. SERIES 2005-DO1. 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 ,48 SOUTH TERRACE ROAD. WORMLEYSBURG. PA 17043-1125. 1. 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) COMMONWEALTH OF PA DEPT. OF REVENUE CHRISTINE BAILEY RICHARD C. RUPP, ESQUIRE RUPP,& MERKLE, P.C. P.O. BOX 28063 HARRISBURG, PA 17128 350 S. 3RD STREET STEELTON, PA 17113 355 N. 21ST STREET, SUITE 201 CAMP HILL, PA 17011-3707 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. August 22. 2007 e'? el" 0 /C?D DATE DANIEL G. SC EG, ESQ Attorney for Plaintiff A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS CUMBERLAND COUNTY TRUSTEE FOR THE HOLDERS OF SOUNDVIEW COURT OF COMMON PLEAS HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 CIVIL DIVISION Plaintiff V. NO. 2007-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s) AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 4R 9011TH TERRA( P RnAb_ WORMLEYS1Ri1RO, PA 17041-1175. 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. D .? ANIEL G. SC , ESQUIRE Attorney for Plaintiff Date: August)). 7W7 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. it .nsy not he Sam in the shsenee of s representative of the p inintiff at the Sheriff's Csle_ The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148508 U-4 £4 Lr t 3t oo,*Z Wpa-4cj1-" n Ol08tivo io v -cooz zz?n Q&%p` MY$ PRIM •c a N v rc-" pa p? M N Z •? terry a ? a w o? F phi,., a ? W ? P c M ' a +. eC A U e- a??a L E Z F} ?O M `r I'D IrI, . ,L w r s ? H p?p a I?? 0 FR ter.' m Q PHELAN HALLINAN & SCHMIEG, LLP by Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X2151563-7000 Deutsche Bank National Trust Company As Trustee for Court of Common Pleas the Holders of Soundview Home Loan Trust 2005-DO1, Asset-Backed Certificates, Series 2005-DO1 Civil Division Plaintiff VS. Cumberland County Constantine N. Gekas A/K/A Dean Gekas No. 2007-01527 A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 7, 2007 was sent to the following individual on the date indicated below. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas rene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 17043 DATE: P P Ian Hallinan ieg, LLP By: is le M. Elra&M, Esquire Attorney for Plaintiff ra p r-_ M:o F - r; L R-? C ) 10 m C: N 0 r F c- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO 1 Plaintiff VS. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-01527 MOTION TO MAKE RULE ABSOLUTE Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DOl, Asset-Backed Certificates, Series 2005-DO1, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on August 15, 2007. 3. A Rule was entered by the Court on or about August 17, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 23, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 7, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. b Date PHELAN HALLINAN & SCHMIEG, LLP (Michele M. Bradford, re Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO1 Plaintiff VS. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-01527 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 15, 2007. A Rule was entered by the Court on or about August 17, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 23, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 7, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P L SCHMIEG, LLP Date ichel MYtradbr dre Attorney for the Plaintiff Exhibit "A" DUETSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-1301, ASSET BACKED CERTIFICATES, SERIES 2005-DO1, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CONSTANTINE N. GEKAS, A/K/A DEAN GEKAS, A/WA CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/IVA IRENE A. GLINATSIS DEFENDANTS NO. 07-1527 CIVIL ORDER OF COURT AND NOW, this 171" day of August, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 7, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, who", I p"va lwllWkw 4 terse a WW C" at Ck*k A. a 01 M. L. Ebert, Jr., Exhibit "B" C r.. o O O ?n ?? _1 FV p ?- , 0 O C cs7 CID PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF K??i?QLN` Deutsche Bank National Trust Compa" *OW6 for : Court of Common Pleas the Holders of Soundview Home Loan Trust 2005-DO 1, Asset-Backed Certificates, Series 2005-DO 1 : Civil Division Plaintiff vs. : Cumberland County Constantine N. Gekas A/K/A Dean Gekas v - No. 2007-01527 A/K/A Constantine Nsgekas A/K/A Dean N. Gekas " ? ? Irene A. Gekas A/K/A Irene A. Glinatsis Defendants , . CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 7, 2007 was sent to the following individual on the date indicated below. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas t rene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 17043 P Ian Hallinan LLP DATE: ? By: Uc le Esquire Attorney for Plaintiff . VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating the unworn fals"ic n of authorities. Date Mic el M. radfor , uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO1, Asset-Backed Certificates, Series 2005-DO1 Plaintiff VS. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-01527 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 17043 DATE: P(lan Tchele i S , B M. B ord, q Attorney for Plaintiff :?- -? ? ?.:. "? ?:? N ,?` -?s "cl t , ??? SEP 1-420pof IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company As Trustee for Court of Common Pleas the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO1 Civil Division Plaintiff VS. : Cumberland County Constantine N. Gekas A/K/A Dean Gekas No. 2007-01527 A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ORDER AND NOW, this %I th day of S %,f V. , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is odered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 9/05/07 Per Diem $70.25 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $392,085.28 31,933.56 379.86 1,675.00 1,039.00 0.00 127.50 0.00 0.00 20.00 Suspense/Misc. Credits (1,154.85) Escrow Deficit 9.118.68 TOTAL $435,224.03 Plus interest from 9/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: `? ?A 4 J. 148508 VINVA` ASNN3d mmoo Z h :6 WV L t d3S LOOZ AfidIONO dk JO 30 w PHELAN HALLINAN & SCHMIIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO1 Plaintiff VS. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-01527 MOTION TO MAKE RULE ABSOLUTE Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DOl, Asset-Backed Certificates, Series 2005-DO I, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on August 15, 2007. 3. A Rule was entered by the Court on or about August 17, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 23, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 7, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. b _ Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, ire Attorney for the Plaintiff IA4 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO1, Asset-Backed Certificates, Series 2005-DO 1 Plaintiff vs. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County : No. 2007-01527 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 15, 2007. A Rule was entered by the Court on or about August 17, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 23, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 7, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. SCHMIEG, LLP Q b Date Mitheld M. Bradfofti, F* Attorney for the Plaintiff Exhibit "A" DUETSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET BACKED CERTIFICATES, SERIES 2005-DO1, PLAINTIFF V. CONSTANTINE N. GEKAS, AAUA DEAN GEKAS, AIWA CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1527 CIVIL ORDER OF COURT AND NOW, this 1r day of August, 2007, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 7, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidertlary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, y "M v. ii'?' ii . . * M1-' J.. . A WOW am co ..,A d QWW P& 4640 soot 4061 ... „ IkkA, M. L. Ebert, Jr., Exhibit "B" C N a -v i ; m , cn co -< PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF v?Qv Deutsche Bank National Trust CompaW * Stee for Court of Common Pleas the Holders of Soundview Home Loan Trust 2005-DO 1, Asset-Backed Certificates, Series 2005-DO 1 Civil Division Plaintiff VS. Cumberland County A Constantine N. Gekas A/K/A Dean Gekas No. 2007-01527 A/K/A Constantine Nsgekas A/K/A Dean N. Gekas °"" Irene A. Gekas A/K/A Irene A. Glinatsis; 10 Defendants , . CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of September 7, 2007 was sent to the following individual on the date indicated below. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas rene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 17043 DATE: ., P Ian Hallinan ieg, LLP By: is le M. o Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Date ichele M. radfo quire Attorney for Plaintiff . . . . . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company As Trustee for the Holders of Soundview Home Loan Trust 2005-DO1, Asset-Backed Certificates, Series 2005-DO1 Plaintiff VS. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County : No. 2007-01527 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Constantine N. Gekas A/K/A Dean Gekas A/K/A Constantine Nsgekas A/K/A Dean N. Gekas Irene A. Gekas A/K/A Irene A. Glinatsis 48 South Terrace Road Wormleysburg, PA 17043 DATE: V Attorney for PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF 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 the Holders of Soundview home Loan Trust 2005-DO 1, asset- backed certificates. Series 2005-DOI Plaintiff vs. Constantine N. Gekas, a/k/a Dean Gekas, a/k/a Constantine NSGekas, A/k/a Dean N. Gekas Irene A. Gekas, a/k/a Irene A. Glinatsis Defendant(s) PRAECIPE TO THE PROTHONOTARY: : Court of Common Pleas Civil Division : Cumberland County No. 2007-01527 Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 3 Z ? ?--- Francis S. Halli an, Esquire Attorney for Plaintiff PHS# 148508 «? J CJ W UO i i Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee for the Holders of Soundview Cumberland County, Pennsylvania Home Loan Trust 2005-DO1, Asset- Writ No. 2007-1527 Civil Term Backed Certificates, Series 2005-DO1 VS Constantine N. Gekas a/k/a Dean Gekas a/k/a Constantine Nsgekas a/k/a Dean N. Gekas and Irene A. Gekas a/k/a Irene A. Glinatsis Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 1, 2007 at 1905 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Constantine N. Gekas a/k/a Dean Gekas a/k/a Constantine NsGekas a/k/a Dean N. Gekas and Irene A. Gekas a/k/a Irene A. Glinatsis, by making known unto Irene A. Gekas a/k/a Irene A. Glinatsis personally, and wife of Constantine N. Gekas a/k/a Dean Gekas a/k/a Constantine Nsgekas a/k/a Dean N. Gekas at 48 South Terrace Road, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1129 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 Constantine N. Gekas a/k/a Dean Gekas a/k/a Constantine Nsgekas a/k/a Dean N. Gekas and Irene A. Gekas a/k/a Irene A. Glinatsis located at 48 South Terrace Road, Wormleysburg, 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 defendants, to wit: Constantine N. Gekas a/k/a Dean Gekas a/k/a Constantine Nsgekas a/k/a Dean N. Gekas and Irene A. Gekas a/k/a Irene A. Glinatsis, by regular mail to their last known address of 48 South Terrace Road, Wormleysburg, PA 17043. These letters were mailed under the date of July 2, 2007 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 letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 600.00 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 473.00 Patriot News 471.89 Share of Bills 15.69 ? j?9 ?o? $1,736.88 ?So Answe s: R. Thomas Kline, Sheriff BY. Real Estate rgeant 7 C,F2 G?l?uy . ,?? 2pa?7) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- D01, ASSET- BACKED CERTIFICATES. SERIES 2005-1301 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2007-01527 CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES SERIES 2005-DO1 , 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,48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043-1125 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CONSTANTINE N. GEKAS A/K/A DEAN 48 SOUTH TERRACE ROAD GEKAS A/K/A CONSTANTINE WORMLEYSBURG, PA 17043-1125 NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. 48 SOUTH TERRACE ROAD GLINATSIS WORMLEYSBURG, PA 17043-1125 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 real property to be sold: %me REISMAN DAVID LAWN SERVICES, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4705 GETTYSBURG ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA STATE BANK 2148 MARKET STREET P.O. BOX 487 CAMPHILL, PA 17011 5. Name and address of every other person who has any record lien on the property: 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 a made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns falsification to authorities '\11 1? I A April 25, 2007 DATE DANIEL G. SVHMIEG, ES? \ Attorney for Plaintiff 05/07/2007 12:1' TKY," Z 001/002 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY AS TRUSTEE FOR THE HOLDERS No. 2007-01527 OF SOUNDVIEW HOME LOAN TRUST 2005- DOI, ASSET- BACKED CERTIFICATES. SERIES 2005-DOI Plaintiff, V. CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS IRENE A. GEKAS A/K/A IRENE A. GLINATSIS Defendant(s). May 7, 2007 AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 IRENE A. GEKAS A/K/A IRENE A. GLINATSIS = 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043-1125 *"7HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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, 48 SOUTH TERRACE ROAD, WORMLEYSBURG, PA 17043- 1125, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5411,273.27 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES. SERIES 2005-DO1 (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, laid 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. 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.) 05/07/2007 101:1' FAX Z 002/002 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 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; thence along the western line of Greenwood Circle, in a southwardly direction, a distance of one hundred fifty (150) feet to a point to line of other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife; thence along said other lands now or late of Robert M. Mumma and Barbara M. Mumma, his wife, in a westwardly direction by a line parallel to the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife, a distance of two hundred fifty (250) feet, more or less, to a point on the eastern line of Lot No. 45 on said hereinafter mentioned Plan of Lots, the line of lands now or late of Edwin B. Romig and Virginia Romig, his wife; thence along said eastern line of Lot No. 45 in said hereinafter mentioned Plan of Lots and the eastern line of Lot No.44 on said Plan, in a northwardly direction, a distance of one hundred fifty (150) feet to a point on the southern line of lands now or late of Harold A. Herre and Jane M. Herre, his wife; and thence along said southern line of Harold A. Herre and Jane M. Herre, his wife, in an eastwardly direction a distance of two hundred fifty (250) feet, more or less, to a point on the western line of Greenwood Circle; the place of BEGINNING. BEING the southern one-half (1/2) of Lot No. 47 and the northern part of Lot No. 48 on the Revised Plan of Pennsboro Manor as recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Plan Book 3, Page 6. TITLE TO SAID PREMISES IS VESTED IN: DEAN N. GEKAS A/K/A CONSTANTINE N. GEKAS AND IRENE A. GEKAS, HUSBAND AND WIFE. CONSTANTINE N. DATED 02/18/2005 AND RECORDED 03/07/2005, IN DEED BOOK 267 AND PAGE 4178. PREMISES BEING: 48 SOUTH TERRACE ROAD WORMLEYSBURG, PA 17043 PENNSYLVANIA PARCEL #: 47-20-1856-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1527 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 THE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-DO1, ASSET- BACKED CERTIFICATES, SERIES 2005-DO1, Plaintiff (s) From CONSTANTINE N. GEKAS A/K/A DEAN GEKAS A/K/A CONSTANTINE NSGEKAS A/K/A DEAN N. GEKAS, AND IRENE A. GEKAS A/K/A IRENE A. GLINATSIS (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 $411,273.27 L.L. $.50 Interest FROM 4/25/07 TO 9/9/07 (PER DIEM - $67.61) - $8,992.13 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs Plaintiff Paid Date: APRIL 27, 2007 Cuff is R. Lone-916M`ono (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 i Real Estate Sale # 29 On May 4, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 48 South Terrace Road, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2007 By: ?b? cis Real Estate Sergeant '` , i 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: July 20, July 27, and August 3, 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. REAL ESTATE SALE NO. 29 Writ No. 2007-1527 Civil Deutsche Bank National Trust Company as Trustee for the Holders of Soundview Home Loan Trust 2005-DO I, Asset-Backed Certificates, Series 2005-DO1 VS. Constantine N. Gekas a/k/a Dean Gekas a/k/a Constantine Nsgekas a/k/a Dean N. Gekas and Irene A. Gekas a/k/a Irene A. Glinatsis Atty.: Daniel Schmieg DESCRIPTION ALL that certain piece or parcel of land, situate in the Borough of Worm_ leysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the western line of Greenwood Circle at the Southern line of lands now or late of Harold A. Herre and Jane M.. Herre, his wife; thence along the PARCEL #: 47-20-1856-032. Coyne, SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 ? d. r';' Notary NOTARIAL SEAL DEBORAH A COLLINS Notory pub"C CARLISLE BORO, CUMBERLAND COUNTY W Com"Won Expkaa Aix 28.2010 . -i 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 July and the 1st day(s) of August 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 #29 TA, Sworn to and subscribed before me this 20th day of Augguust 2007 A.D. C,JiylMONWEAL7H C)!= r-Em\16fL'1rA0A Notarial Seal ? i Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County ommi Expires June 6, 2010 /2 ? ? yd ? ?&?_ NO Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013