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HomeMy WebLinkAbout07-1599PHELAN 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 151229 DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 Plaintiff V. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 151229 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 #: 151229 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 #: 151229 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 #: 151229 1. Plaintiff is DEUTSCHE BANK TRUST 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/20/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to INDYMAC BANK, F.S.B. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1813, Page: 977. Said mortgage was modified as set forth in the modification agreement dated 02/03/2004, in Mortgage Book No.706, Page 2535. 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 #: 151229 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 $287,231.01 Interest $9,140.50 09/01/2006 through 03/21/2007 (Per Diem $45.25) Attorney's Fees $1,250.00 Cumulative Late Charges $1,477.34 05/20/2003 to 03/21/2007 Cost of Suit and Title Search 550.00 Subtotal $299,648.85 Escrow Credit $0.00 Deficit $4,063.93 Subtotal 4 063.93 TOTAL $303,712.78 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 #: 151229 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 #: 151229 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 $303,712.78, together with interest from 03/21/2007 at the rate of $45.25 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 & SCHMIEG, LLP By: s/Francis S. Hallin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 151229 LEGAL DESCRIPTION ALL that certain lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 322, as shown on the Final Plan of Lots of Section 'K' of White Rock Acres, dated September 8, 1977, recorded May 8, 1978, in Cumberland County Plan Book 32, at page 108, and more particularly bounded and described as follows: BEGINNING at a point on the western line of Shannon Road (50 feet wide) at the dividing line between Lots Nos. 321 and 322 as shown on said plan; thence by the western line of Shannon Road, South 10 degrees 44 minutes 59 seconds East 150.00 feet to a point in the dividing line between Lots Nos. 322 and 323 as shown on said plan; thence by said dividing line South 79 degrees 46 minutes 34 seconds West 304.37 feet to a point in the centerline of a thirty (30) feet wide drainage easement; thence by the dividing line between Lot No. 322 of Section 'K' and Lots Nos. 328 and 329 of Section'H' of White Rock Acres, and in the center of said thirty (30) feet wide drainage easement, North 11 degrees 30 minutes 00 seconds West 150 feet to a point; thence by the center line of a thirty (30) feet wide drainage easement and in the dividing line between Lots Nos. 321 and 322 as shown on said Plan, North 79 degrees 46 minutes 13 seconds East 306.33 feet to the place of Beginning. PROPERTY BEING: 658 SHANNON ROAD File #: 151229 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 unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ` G-? N LJ 1 (? cv C / \w V ?a d :ZD c^? G`", k ?- j G N N Crl nJ gyp- _r -G SHERIFF'S RETURN - REGULAR CASE NO: 2007-01599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST VS TOOMBS THERESA ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOOMBS THERESA AKA THERESA M BAYLIS the DEFENDANT , at 1045:00 HOURS, on the 30th day of March 2007 at 658 SHANNON ROAD BOILING SPRINGS, PA 17007 by handing to SHANE TOOMBS, HUSBAND 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 18.00 Service 8.64 Affidavit .00 Surcharge 10.00 .00 5/:22/01 3 6. 64 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/20/2007 PHELAN HALLINAN SCHMIEG By: -7? Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST VS TOOMBS THERESA ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOOMBS SHANE AKA SHANE T TOOMBS the DEFENDANT , at 1045:00 HOURS, on the 30th day of March 2007 at 658 SHANNON ROAD BOILING SPRINGS, PA 17007 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 n .00 So Answers:` R. Thomas Kline 04/20/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: 6?;7? ?- before me this day Deput Sheriff of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST VS TOOMBS THERESA ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TOOMBS THERESA AKA THERESA M BAYLIS but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 20th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline - Dep York County 47.83 Sheriff of Cumberland County Postage 1.83 74.66 ? ?/?11D? Sir 04/20/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST VS TOOMBS THERESA ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TOOMBS SHANE AKA SHANE T but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 20th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 Thomas ne .00 Sheriff Cumberland County .00 16.00 04/20/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of TOOMBS to wit: in his bailiwick. He therefore A. D. COUNTY OF YORK 1 OF 2 OFFICE OF THE SHERIFF #151229 45 N. GEORGE ST., YORK, PA 17401 Ll SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUDTIDNS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYRE ONLY LNE 1 THE! 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 3. DEFENDANT/S/ 2. COURT NUMBER 07-1599 civil 4. TYPE OF WRIT OR COMPLAINT CIMF THERESA & SHANE TOOINBS I MORTGAGE FORF.CT.O.-SURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD y 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO, TWP, STA CODE) AT %H-19111% a. t+T,u?rra7 eim ae , ---- 7. INDICATE SERVICE- O PERSONAL U PERSON IN CHARGE XXI?EPUTIZE U CERT. MAIL L] 1ST CLASS MAIL U POSTED U OTHER NOW March 28 2007 :1 :1 I, SHERIFF OF , PA, d hereby deputiz the sheriff of York COUNTY to execute thihrlf ake re n t cording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF MENbOlMt]NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE PLEASE ATl'EKff SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. 0/C Cumberland AxDV FEE 100.00 PD BY LAW FIRM Please mail return of service to Cumberland County Sheriff. Thank you NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR qd SIGN T E 10. TELEPHONE NUMBER 11. DATE FILED FRANCIS S. HALLINAN ? .1617 JFK BLVD SUITE 1400 3/23/07 PHILADELPHIA, PA 19103 215-563-7000 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF ONE COURTHOUSE SQUARE CARLISLE PA 17013 THE SHERFF - DO NOT 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. LT T l M CG i LL 3/29/07 4/22/07 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. I hereby Certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) t 9 Date of Serve 20 Time of Service 21. ATTEMPTS Date Time Miles Int. Date Time Miles Int Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. y- z3cr Yr ITA5 22. REMARKS: PER POST OFFICE CHECK NOT KNOWN AT ADDRESS GIVEN 4. Service Costs 25. N/F 26. Mileage 23. Advance Costs 11 1 27. Postage 28. Sub Total 29. Pound 30. Notary31. Surchg. 32. Tot. Costs 33 Costs l)u ck N-4 100.00 2-W 10012,93 X3 1 .Co .%3 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 13TH 41. AFFIRMED and subscribed to before me this SO MOWERS 42. d of i 44. ?gna?tuer p 45. DATE NOTAMAL SEAL RY PUBLIC T N 46. Signature of York County Shenk ?- 47. DATE A LISA L. BOW -.N, 'NO CITY OFYORi+,YORK COUNTY i'U W-LJ :?-L `'.1i 1`! LOSE .SE2 i1 Fia 4/?L3f 1J/ MY COMMISSIOI' Er PiRES AUG. 12, 2009 48 Signature of Foreign 49. DATE County Sheaf 50. 1 ACKN WLEDGE RECEIPT OF THE SHERIFF'S RETURN S IGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE . SPACE BELOW 1. WHITE - Issumg Authority 2. PINK - Attorney 3. CANARY - Shenffs Office 4. BLUE - Sherdrs oniioe ...?:` b-.?.::,,. ,... ??,, ,.. u- --' w Cy^ .:.: ?.? ?`: c? ?`?,``? ? ??'?= ?° ?? ?._ ?? COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF #151229 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-601 SHERIFF SERVICE WSTF+tIC'1 UM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COMA rim rri? DEUTSCHE BANK TRUST,- 3 DEFENDANTIS/ THERESA & SHANE TOOMBS 2 COURT NUMBER 07,1549 civil 4 TYPE OF WRIT OR COMPLAINT C IMF, MORTGAGE FORECLOSURE SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD SHANE TOOMBS A/K/A SHANE T. TOOMBS 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP ZIP CODE) AT t 401 -UN IM-ru ST 7. INDICATE SERVICES O PERSONAL U PERSON IN CHARGE XXDEPUTIZE '.J CERT. MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW March 28 2007 I, SHERIFF O L;UUN PA, do hereby deputize the sheriff of York COUNTY to execute thi ake return th r cording to law. This deputization being made at the request and risk of the plaintiff., tot 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE 0/ U Cmberland PLEASE ATTEMPT SERVICE AT LEAST 3 TIES AND 1 TIME AFTER 6P14. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORN ORIGINATOR and SIGNATU FRANCIS S. HALLINAN E 1617 JFK BLVD SUITE 1400 10. TELEPHONE NUMBER 11 DATE FILED HILADELPHIA, PA 19103 215-563-7000 -35/23/07 12. SEND NOTICE OF SERVICE COPY TO N4ME AND ADDRESS BELOW (This area must be completed a notice is to be mailed). CUMBERLKNll COUNTY SHERIFF SPACE SLOW FOR USE OF THE SHERD - DO NOT WRFTE BELOW TW L&W 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/HeaDate or complaint as indicated above. LT M MCG I LL 3/29/07 4/227M7 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( I POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW V .9 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of Service 20 Time of Service 21. ATTEMPTS Date ! Time I Mile Int. Date I Time I Miles ( Int I Date 1 Time 1 Miles I Int I Date I Time 1 Miles I Int. Date Time Miles Int. Date Time Mites Int. ?3 If y JI 1 `f ff jq,q 22. REMARKS: PER POST OFFICE CHECK NOT KNOWN AT ADDRESS GIVEN 23. Advance Costs 24. Service Costs 25, N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs Due or Refund 7 's Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. Ti Mileage/PostageMot Found 39. Total Costs 40 C osts Due or Refund ^ 41 AFFIRME b d t th b i SO ANSWERS . e o xe me e is f4 M 42. day ??? _ i ' '- N AS 4. mat Shenure 5. DATE Sid / NOTARY LISA 1 B it C' Tf',RY PL+BLIC CITY a- r =:-. ; RKCCUIVTY 46. Signature of York County Sheriff FOR ti? ILLiAi? G . C it ?fOSE SHERIFF . 47 GATE 07 4/13/ MY COMMIS;,+: P 4 ';? ? ESAUG. 12, 2009 48. Signature of Foreign 49 DATE County Sheriff W. 1 0%6FINUVVLtUl9t KtGt11' 1 Uh [Ht: SrltKlt t S Kt 1 UKN 51UNA I UKt ? 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - IssuvV Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office OAX, Q 4 y:L? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 .Jd's-h'ua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK TRUST VS. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-1599 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THERESA TOOMBS A/K/A THERESA M. BAYLIS and SHANE TOOMBS A/K/A SHANE T. TOOMBS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $303,712.78 Interest - 03/22/2007 to 12/23/2009 $45,612.00 TOTAL $349,324.78 I hereby certify that (1) the Defendants' last known address is 658 SHANNON ROAD, BOILING SPRINGS, PA 17007, and (2) that notice has been given in accordance with Rule 237.1, copy attached. z By: Lawre e . Phelan, Es ., Id. No. 32227 Fra is S. allinan, ., Id. No. 62695 Daniel G. Sc egg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ,-Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3O p C K. ,oKB PHS # 151229 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK TRUST VS. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-1599 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant THERESA TOOMBS A/K/A THERESA M. BAYLIS is over 18 years of age and resides at 658 SHANNON ROAD, BOILING SPRINGS, PA 17007. (c) that defendant SHANE TOOMBS A/K/A SHANE T. TOOMBS is over 18 years of age and resides at 658 SHANNON ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U La nc Phelan, sq., Id. No. 32227 Sj? Hallin sq., Id. No. 62695 ? F cis ? Daniel G. c leg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? hrisovalante P. Fliakos, Esq., Id. No. 94620 RJoshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DEUTSCHE BANK TRUST COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 07-1599 CIVIL TERM THERESA TOOMBS CUMBERLAND COUNTY A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) TO: SHANE TOOMBS, A/K/A SHANE T. TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: December 8, 2009 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 151229 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawr ce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 2067 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 151229 DEUTSCHE BANK TRUST COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 07-1599 CIVIL TERM THERESA TOOMBS CUMBERLAND COUNTY A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) TO: THERESA TOOMBS, A/K/A THERESA M. BAYLIS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: December 8, 2009 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 151229 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: < < L,aWf& T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779---'- Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 151229 ?Q.3 0.4+ 11.0 1 ii t' u L? 1+. p0 Po A771( e msla©'1 (Rule of Civil Procedure No. 236) - Revised DEUTSCHE BANK TRUST VS. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-1599 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on k;J30 By: '. Lq - DEPUTY IDk6 If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 QrJoshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHELAN, HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste. 1400 Philadelphia, PA 19104-181 DEUTSCHE BANK TRUST Plaintiff V. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-1599 [@L URNV 3 t'f 'Ti a ., t F c a ?. C? -?C SUGGESTION OF RECORD CHANGE RE: CORRECTION OF PLAINTIFF'S NAME TO THE PROTHONOTARY: The undersigned attorney hereby certifies that, to the best of his/ her knowledge, information and belief that the Plaintiffs Name was erroneously listed in the caption as: DEUTSCHE BANK TRUST Kindly change the information on the docket to read as follows: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 Date: February 5, 2010 ? a ence'T. Phelan, Esq., V. No. 32227 ? Fr cis S. Hallinan, Esq., d. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ' T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE COURT OF COMMON PLEAS UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 CIVIL DIVISION Plaintiff V. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/24/2009 to Date of Sale ($57.42 per diem) TOTAL Q a4. oo p0 A7r-f S(o,(o4 CBF I lo. D O ?? IN . ulv 16 Oo it-SO I4.oo a.so 01W . 3o - pt, ARTY Note: Please attach description of property. PHS # 151229 a.ocoue0,0 $ . 50 LL. ct,? 9W Icon R,T * a3?M8/ NO. 07-1599 CIVIL TERM CUMBERLAND COUNTY $349,324.78 $9,244.62 N o T1 l ii? rM T ar {1fr ? o 0 Ph la Hallinan & Schmig, LLP ? a ence T. Phelan, Es ., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 El^eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 RE L06* w9 O> d a Oa 1>4 O OOV O? ?U U" r? O a w w w F a H ?-1 0 0 N H O? U ? 1-4 z? O? zw ?5a ?a ril 00 <O 00. W?EA w O f1r a Oo W O? U .a Q 04 O Q H E-H -o W a? W .a Q o o >, ? ?AQa ¢a 0Z Q En 0?C-0 H CIO cn °° o0 Q H M cn ? M 0 N N N V'1 V7 Q, ?t O,. r Cc N?N?? O??N 0 M O O O M O 1'- 0! N I. C wZ° o oZ oZ.CC,,NrG c O ° o oZ abbZ?b-ZZZ?b...bbb eio ^ ^ y' ?, a' b ti b o ti ^ ^ y ^ ^ °' y W ~ r-1 ^ N C? O W ? W w W 'Cf w ?' ? y b ?' W W? W W ? ca O W ^W vi .1 qa M 5.0' , ? y?-.9 w V) 0 ca p 3 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE : COURT OF COMMON PLEAS UNDER THE POOLING AND SERVICING AGREEMENT SERIES : ITF RAST 2004-A5 Plaintiff : CIVIL DIVISION : NO. 07-1599 CIVIL TERM V. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) : CUMBERLAND COUNTY CERTIFICATION 4 -? t?Ct n,gr rn The undersigned attorney hereby states that he/she is the attorney for the Plaintiff i e 4?e ?' c Rend matter and that the remises are not subject to the provisions of Act 91 because: 'r ( ) the mortgage is an FHA Mortgage C: p„ ( ) the premises is non-owner occupied ca A ( ) the premises is vacant v (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 El Michele M. Bradford, Esq., Id. No. 69849 El Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 El Lauren R. Tabas, Esq., Id. No. 93337 El Vivek Srivastava, Esq., Id. No. 202331 El Jay B. Jones, Esq., Id. No. 86657 El Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 El Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 El Joshua I. Goldman, Esq., Id. No. 205047 El Courtenay R. Dunn, Esq., Id. No. 206779 El Andrew C. Bramblett, Esq., Id. No. 208375 Phel Hallinan & Schmidg, LLP ``., Id. No ? wrence T. Phelan, Esq 32227 DEUTSCHV BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1599 CIVIL TERM V. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 658 SHANNON ROAD, BOILING SPRINGS, PA 17007. Name and address of Owner(s) or reputed Owner(s): Name 2. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably 0 0 ascertained, please so indicate) C o x; m r i. -n ? 658 SHANNON ROAD "T1 - r BOILING SPRINGS, PA 17007 1-: c 658 SHANNON ROAD BOILING SPRINGS, PA 17007 ?i; 0M .. --q Q Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK, USA, NA CHASE MANHATTAN BANK, USA, NA C/O WILLIAM T. MOLCZAN, ESQUIRE 1201 NORTH MARKET STREET WILMINGTON, DE 19801 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 KOPPERS BUILDING PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) I NoAe. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 658 SHANNON ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. February 4, 2010 By: -./ A o ey for Plaintiff P e an Hallinan & Schm eg, LLP LTI,awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 -- 1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 CIVIL DIVISION Plaintiff NO. 07-1599 CIVIL TERM VS. : CUMBERLAND COUNTY THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 658 SHANNON ROAD, BOILING SPRINGS, PA 17007 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $349,324.78 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. _ 1 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-1599 CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 vs. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS owner(s) of property situate in the TOWNSHIP OF MONROE, Cumberland County, (Municipality) Pennsylvania, being 658 SHANNON ROAD, BOILING SPRINGS, PA 17007 (Acreage or street address) Parcel No. 22-12-0348-196 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $349,324.78 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 R LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 322, as shown on the Final Plan of Lots of Section 'K', of White Rock Acres, dated September 8, 1977, recorded May 8, 1978, in Cumberland County Plan Book 32, Page 108, and more particularly bounded and described as follows: BEGINNING at a point on the western line of Shannon Road (50 feet wide), at the dividing line between Lots Nos. 321 and 322, as shown on said Plan; thence by the western line of Shannon Road, South 10 degrees 44 minutes 59 seconds East, 150 feet to a point in the dividing line between Lots Nos. 322 and 323, as shown on said Plan; thence by said dividing line, South 79 degrees 46 minutes 34 seconds West, 304.37 feet to a point in the centerline of a 30 foot wide drainage easement; thence by the dividing line between Lot No. 322 of Section'K', and Lots Nos. 328 and 329 of Section'H', of White Rock Acres, and in the center of said 30 foot wide drainage easement, North 11 degrees 30 minutes 00 seconds West, 150 feet to a point; thence by the center line of a 30 foot wide drainage easement and in the dividing line between Lots Nos. 321 and 322, as shown on said Plan, North 79 degrees 46 minutes 13 seconds East, 306.33 feet to the place of BEGINNING. CONTAINING 1.05 acre. UNDER AND SUBJECT to one-half of a 30 foot wide drainage easement located along the northern and western lines of said lot. UNDER AND SUBJECT to the revised building lines, covenants, restrictions and reservations as recorded in Miscellaneous Docket 211, Page 232, and the utility and other easements as shown in said Plan Book 32, Page 108. EXCEPTING AND RESERVING all minerals, clays and sand beneath the surface of the ground. This provision shall not be construed to give the Grantor AS SET FORTH IN Deed Book m-30 page 151 or its successors or assigns, the right to mine or remove any minerals, clays or sand from the lot herein conveyed. TITLE TO SAID PREMISES IS VESTED IN Shane Toombs and Theresa Toombs, husband and wife, by Deed from William C. Stranko and Yvonne A. Stranko, husband and wife, dated 05/20/2003, recorded 05/23/2003, in Deed Book 257, page 966. PREMISES BEING: 658 SHANNON ROAD, BOILING SPRINGS, PA 17007 PARCEL NO. 22-12-0348-196 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1599 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004- A5, Plaintiff (s) From THERESA TOOMBS a/k/a THERESA M. BAYLIS SHANE TOOMBS a/k/a SHANE T. TOOMBS (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 $349,324.78 L.L. $.50 Interest from 12/24/09 to Date of Sale ($57.42 per diem) -- $9,244.62 Atty's Comm % Atty Paid $262.30 °laintiff Paid Date: 2/9/10 (Seal) Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: REQUESTING PARTY: Name: JIENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 87077 ,~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ~ ;:, ~ . ~~ Sheriff `~` Jody S Smith ~' ,. ,,„ Chief Deputy ~ ; ~ (l~Y Z~ ~ ~~; ~ I Edward L Schorpp Solicitor r r . .. _ Deutsche Bank National Trust Company as Trustee Case Number vs. Theresa Toombs (et al.) 2007-1599 SHERIFF'S RETURN OF SERVICE 04/06/2010 08:43 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 2040 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Theresa Toombs and Shane Toombs located at, 658 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania according to law. 04/06/2010 08:43 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Theresa Toombs, by making known unto, Theresa Toombs, personally, at, 658 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/06/2010 08:43 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6110 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shane Toombs, by making known unto, Theresa Toombs, personally, at, 658 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/9/10 SHERIFF COST: $477.80 SO ANSWERS, . `"" -~_ May 24, 2010 RON R ANDERSON, SHERIFF ~? •C~Cj ~,~t ~ C o . .sz~ ~~'- ~pui^ 7~ to ahe if Tr, spit In; D,~U~SCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-AS Plaintiff v. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.07-1599 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 658 SHANNON ROAD, BOILING SPRINGS, PA 17007. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 658 SHANNON ROAD BOILING SPRINGS, PA 17007 658 SHANNON ROAD BOILING SPRINGS, PA 17007 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK, USA, NA 1201 NORTH MARKET STREET WILMINGTON, DE 19801 CHASE MANHATTAN BANK, USA, NA C/O WILLIAM T. MOLCZAN, ESQUIRE WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 KOPPERS BUILDING PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 658 SHANNON ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. February 4, 2010 By: ~" A o ey for Plaintiff P e an Hallinan & Schm eg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Ju ith T. Romano, Esq., Id. No. 58745 ^ eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 I DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS TRUSTEE UNDER THE POOLING AND SERVICING . AGREEMENT SERIES ITF RAST 2004-A5 CIVIL DIVISION Plaintiff NO. 07-1599 CIVIL TERM vs. CUMBERLAND COUNTY THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 658 SHANNON ROAD, BOILING SPRINGS, PA 17007 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $349,324.78 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-AS (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ' SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-1599 CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-AS vs. THERESA TOOMBS A/K/A THERESA M. BAYLIS SHANE TOOMBS A/K/A SHANE T. TOOMBS owner(s) of property situate in the TOWNSHIP OF MONROE, Cumberland County, (Municipality) Pennsylvania, being _658 SHANNON ROAD, BOILING SPRINGS, PA 17007 (Acreage or street address) Parcel No. 22-12-0348-196 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $349,324.78 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 322, as shown on the Final Plan of Lots of Section'K', of White Rock Acres, dated September 8, 1977, recorded May 8, 1978, in Cumberland County Plan Book 32, Page 108, and more particularly bounded and described as follows: BEGINNING at a point on the western line of Shannon Road (50 feet wide), at the dividing line between Lots Nos. 321 and 322, as shown on said Plan; thence by the western line of Shannon Road, South 10 degrees 44 minutes 59 seconds East, 150 feet to a point in the dividing line between Lots Nos. 322 and 323, as shown on said Plan; thence by said dividing line, South 79 degrees 46 minutes 34 seconds West, 304.37 feet to a point in the centerline of a 30 foot wide drainage easement; thence by the dividing line between Lot No. 322 of Section'K', and Lots Nos. 328 and 329 of Section'H', of White Rock Acres, and in the center of said 30 foot wide drainage easement, North 11 degrees 30 minutes 00 seconds West, 150 feet to a point; thence by the center line of a 30 foot wide drainage easement and in the dividing line between Lots Nos. 321 and 322, as shown on said Plan, North 79 degrees 46 minutes 13 seconds East, 306.33 feet to the place of BEGINNING. CONTAINING 1.05 acre. UNDER AND SUBJECT to one-half of a 30 foot wide drainage easement located along the northern and western lines of said lot. UNDER AND SUBJECT to the revised building lines, covenants, restrictions and reservations as recorded in Miscellaneous Docket 211, Page 232, and the utility and other easements as shown in said Plan Book 32, Page 108. EXCEPTING AND RESERVING all minerals, clays and sand beneath the surface of the ground. This provision shall not be construed to give the Grantor AS SET FORTH IN Deed Book m-30 page 151 or its successors or assigns, the right to mine or remove any minerals, clays or sand from the lot herein conveyed. TITLE TO SAID PREMISES IS VESTED IN Shane Toombs and Theresa Toombs, husband and wife, by Deed from William C. Stranko and Yvonne A. Stranko, husband and wife, dated 05/20/2003, recorded 05/23/2003, in Deed Book 257, page 966. PREMISES BEING: 658 SHANNON ROAD, BOILING SPRINGS, PA 17007 PARCEL N0.22-12-0348-196 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1599 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 UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004- A5, Plaintiff (s) From THERESA TOOMBS a/k/a THERESA M. BAYLIS SHANE TOOMBS a/k/a SHANE T. TOOMBS (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 $349,324.78 L.L. $.50 Interest from 12/24/09 to Date of Sale ($57.42 per diem) -- $9,244.62 Atty's Comm % Due Prothy $2.00 Atty Paid $262.30 Other Costs Plaintiff Paid Date: 2/9/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUF,STING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 658 Shannon Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator _.~ ~ ;,-, .. J ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and Apri130, 2010 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. Writ No. 2007-1599 Civil Deutsche Bank National Trust <- ~ Company as Trustee Under the ~ ~~ Pooling and Servicing Agreement, Series ITF BAST 2004-A5 Ll Marie Coyne, E rtor vs. Theresa Toombs a/k/a ~ Theresa M. Baylis SWORN TO AND SUBSCRIBED before me this Shane Toombs a/k/a 0 da of April 2010 Shane T. Toombs , Atty: Daniel Schmieg ~ . ~ By virtue of a Writ of Execution ' NO. 07-1599 CIVIL, DEUTSCHE BANK NATIONAL TRUST COMPANY NOta rY AS TRUSTEE UNDER THE POOL- ING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 vs. THERESA TOOMBS A/K/A THE- RESA M. BAYLIS, SHANE TOOMBS ~,~~,~ NOTARIAL SEAL A/K/A SHANE T. TOOMBS, owners of property situate in the TOWNSHIP DEBORAH A COLLINS OF MONROE, Cumberland County, NOtery Public Pennsylvania, being 65$ SHAN- CARL{SLE BOROUGH, CUMBERLAND COUNTY NON ROAD, BOILING SPRINGS, PA My Comm{siaon Expina Apr 28, 2014 17007. Parcel No. 22-12-034$-196. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $349,324- .78. .~. ;, ~~. nw.....: