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HomeMy WebLinkAbout08-1099PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 171431 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, COURT OF COMMON PLEAS AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. ROBERT SMILEY A/K/A ROBERT JOHN SMILEY JANET SMILEY A/K/A JANET LARUE SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 Defendants CIVIL DIVISION TERM NO. OR- Iatq 011v; I _G- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 171431 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 #: 171431 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 #: 171431 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 #: 171431 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT SMILEY A/K/A ROBERT JOHN SMILEY JANET SMILEY A/K/A JANET LARUE SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/08/2006 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: 1965, Page: 3148. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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 File #: 171431 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $171,298.03 Interest $5,718.70 09/01/2007 through 02/13/2008 (Per Diem $34.45) Attorney's Fees $1,250.00 Cumulative Late Charges $335.56 09/08/2006 to 02/13/2008 Cost of Suit and Title Search 550.00 Subtotal $179,152.29 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $179,152.29 7. 8. 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. 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 File #: 171431 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. 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 $179,152.29, together with interest from 02/13/2008 at the rate of $34.45 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 r By: ` FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 171431 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69 on the hereinafter mentioned Plan of Lots; thence along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right having a radius of 17 feet, an arc length of 26.70 feet to a point on the eastern line of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left having a radius of 300 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East, along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan, thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan No. 2, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. File #: 171431 BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Geraldine M. Garcy, by her deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Robert John Smiley and Janet LaRue Smiley. PREMISES: 601 ALISON AVENUE PARCEL: 17-24-0789-141 File #: 171431 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: ?.)- "f+ c e TV. 0 0 -F -r- n f., ? cn -`? ,.1 O -- -c co SHERIFF'S RETURN - REGULAR CASE NO: 2008-01099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SMILEY ROBERT ET AL TIMOTHY REITZ , Sheriff or Deputy heriff of Cumberland County,Pennsylvania, who being duly swoz}n according to law, says, the within COMPLAINT - MORT FORE was ser?ed upon SMTLRY ROBERT AKA ROBERT JOHN SMILEY the DEFENDANT at 1815:00 HOURS, on the 14th daylof March 2008 at 601 ALISON AVENUE MECHANICSBURG, PA 17055 by handing to ROBERT SMILEY i 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 9.60 Affidavit .00 Surcharge 10.00 .00 3 ?l g?o 3 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/17/2008 PHELAN HALLINAN SC MIEG By. ? ? De S eriff? A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SMILEY ROBERT ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sw rn according to law, says, the within COMPLAINT - MORT FORE was se ved upon SMILEY JANET AKA JANET LARUE SMILEY the DEFENDANT at 1815:00 HOURS, on the 14t1-1 day of March at 601 ALISON AVENUE MECHANICSBURG, PA 17055 by handin? to ROBERT SMILEY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to thl g e, contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 3 Jr g/o ? C?.,. 6.00 .00 .00 10.00 .00 ? 16.00 Sworn and Subscibed to before me this of day A.D. So Answers: R. Thomas Kline 03/17/2008 PHELAN HALLINAN SCHMIEG 2008 Dep7ty ?Shei`i f f PHELAN HALLINE FRANCIS S. HALL ONE PENN CENTS PHILADELPHIA, P & SCHMIEG, LLP AN, ESQ., Id. No. 62695 PLAZA, SUITE 1400 19103 DEUTSCHE BAN NATIONAL TRUST COMPANY , AS TRUSTEE FOR MORGAN ST ANLEY MORTGAGE PAS -THROUGH CERTIFICATES, S ERIES 2007-HE2 Plaintiff VS. ROBERT SMILEY JOHN SMILEY JANET SMILEY LARUE SMILEY 'A ROBERT A JANET ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 1111"V` ? Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ??A - ?C,t Francis S. Hallinan, Esquire PHS #: 171431 VERIFICATION Steven Patrick Vice President . of in this matter, that h foregoing Civil Acti information and bell of 18 Pa. C.S. Sec. DATE: 02/18/08 Title: hereby states that he/she is f Loan Documentation. 'ELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff she is authorized to take this Verification, and that the statements made in the n in Mortgage Foreclosure are true and correct to the best of his/her knowledge, E The undersigned understands that this statement is made subject to the penalties 104 relating to unsworn falsification to authorities. w---- Name: Steven Patrick Vice President of Loan Documentation Company: WELLS FARGO FINANCIAL PENNSYLVANIA., INC. Loan:1127125717 File #: 171431 PHELAN HALL1Nf LAWRENCE T. PH FRANCIS S. HALL ONE PENN CENTS PHILADELPHIA, P DEUTSCHE BANK TRUST COMPANY FOR MORGAN ST) MORTGAGE PASS CERTIFICATES, S] & SCHMIEG, LLP ,AN, ESQ., Id. No. 32227 AN, ESQ., Id. No. 62695 PLAZA, SUITE 1400 19103 NATIONAL AS TRUSTEE ,NLEY THROUGH PRIES 2007-HE2 Plaintiff VS. ROBERT SMILEY. JOHN SMILEY JANET SMILEY A/ LARUE SMILEY A ROBERT A JANET Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby cE of Complaint was r that a strue and correct copy of Plaintiff s Praecipe to attach Verification via first class mail to the following on the date listed below: ROBE T SMILEY A/K/A ROBERT JOHN SMILEY JANE SMILEY A/K/A JANET LARUE SMILEY 601 A ISON AVENUE MECH NICSBURG, PA 17055 ROBE1kT SMILEY A/K/A ROBERT JOHN SMILEY 601 AILSON AVENUE MECHANICSBURG, PA 17055 Date: Phelan Hallinan & Schmieg, LLP Attorney f r Plaintiff By: Y ? /?- 4, Francis S. Hallinan, Esquire C> h? . ? . _Y {?S C.?.`s PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (715) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM ROBERT SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 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 ROBERT SMILEY and JANET SMILEY, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within twenty (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 the Complaint $179,152.29 Interest - 02/14/2008 - 05/22/2008 $3,410.55 TOTAL Ohl 82 562 94 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. r DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. Q DATE: SI /,O!z / log .0 &?& . PROP OTHY 171431 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 3476 STATEVIEW BLVD FORT MILL, SC 29715 ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). NO. 08-1099-CIVIL TERM 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 ROBERT SMILEY is over 18 years of age and resides at 601 ALISON AVENUE, MECHANICSBURG, PA 17055. (c) that defendant JANET SMILEY is over 18 years of age and resides at 601 ALISON AVENUE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, E QUIRE ?Lj Attorney 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 MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, : CIVIL DIVISION SERIES 2007-HE2 Plaintiff : CUMBERLAND COUNTY Vs. : NO. 08-1099-CIVIL TERM ROBERT SMILEY A/K/A ROBERT JOHN SMILEY JANET SMILEY A/K/A JANET LARUE SMILEY Defendants TO: ROBERT SMILEY A/K/A ROBERT JOHN SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 a DATE OF NOTICE: APRIL 22, 2008 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 Jason Ricco, Legal Assistant 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 MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, : CIVIL DIVISION SERIES 2007-HE2 Plaintiff Vs. CUMBERLAND COUNTY NO. 08-1099-CIVIL TERM ROBERT SMILEY A/K/A ROBERT JOHN SMILEY JANET SMILEY A/K/A JANET LARUE SMILEY Defendants TO: JANET SMILEY A/K/A JANET LARUE SMILEY 601 ALISON AVENUE MECHANCSBURGPA17055 DATE OF NOTICE: APRIL 22, 2008 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 6re. Jason Ricco, Legal Assistant M (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, ERIE COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM V. ROBERT SMILEY JANET SMILEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ? 1'1 QQ9 By: -IPY' If you have any questions concerning this matter, pease contac : 000W i t DANIEL G. SCHMIEG, ES UIRE Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. 61 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY No. 08-1099-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/23/2008-09/03/2008 (per diem -$30.01) Add'1 Costs TOTAL $182,562.84 $3,121.04 and Costs $2,491.00 $188,174.88 DANIEL G. SCHMIEG, ESQU41ZE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the 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. 171431 d oz x z a aaox oa ? az H U U a T o??n aW W w ° F* 0.0 a F °z z? F a w WW u F-4 0 ° w Haaa w i U r 00 C d 0 (J) 61 v_ O 'Ali a $.. - 40. b w v ? Oo08o8 -fib Tf W) W) k 0 0 r r dd as G7 G7 as as as UU d d ww oc. dd h?l 0-4 1?0 14 b d b N m r-? ha cz? CX) !-I C-D ; C PHELAN HALLINAN & SCHMIEG, L.L.P. r By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM 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 () 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. SCHMIEG, E UIRE Attorney for Plaintiff N ` r,rAr? Co T-. -77 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, v. ROBERT SMILEY JANET SMILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-HE2, 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 601 ALISON AVENUE, MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT SMILEY JANET SMILEY 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Mers as a nominee for Decision One Mortgage Company Mers as a nominee for Decision One Mortgage Company Last Known Address (if address cannot be 601 ALISON AVENUE MECHANICSBURG, PA 17055 601 ALISON AVENUE MECHANICSBURG, PA 17055 Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. Box 2026 Flint, MI 48501-2026 200 Gibraltar Road Suite 350 Horsham, Pa 19044 Mers as a nominee for Decision One Mortgage Company Mers as a nominee for Decision One Mortgage Company 3023 HSBC Way Fort Mill, SC 29715 3300 SW 34th Avenue Suite 101 Ocala, FL 34474 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 601 ALISON AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. May 27.2008 DATE ?CMA t-'v I Uw DANIEL G. SCHMI , ESQUIRE Attorney for Plaintiff 7 co r C.? :'S] G CJ -< Ir DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). TO: ROBERT SMILEY May 27, 2008 601 ALISON AVENUE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 08-1099-CIVIL TERM JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 601 ALISON AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on September 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $182,562.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-HE2 (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. r r 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 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 Sheriffs 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 I' t LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an are length of 26.70 feet to a point on the eastern line of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan No. 2, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert John Smiley and Janet Larue Smiley, h/w, by Deed from Geraldine M. Grace, widow, dated 09/08/2006, recorded 09/12/2006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0789-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1099 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2, Plaintiff (s) From ROBERT SMILEY and JANET SMILEY (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 $182,562.84 L.L.$ 0.50 Interest from 5/23/08 to 9/03/08 (per diem - $30.01) - $3,121.04 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $172.60 Other Costs $2,491.00 Plaintiff Paid Date: 5/28/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 DEFENDANT(S) ROBERT SMILEY JANET SMILEY SERVE ROBERT SMILEY AT: 601 ALISON AVENUE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 08-1099-CIVIL TERM ACCT. #171431 Type of Action - Notice of Sheriffs Sale Sale Date: September 3,2008 Served and made known to o uaT S"M I L G q , Defendant, on the (341` day of 1X NE , 200,9, at !5'31 , o'clock-.m., at (90 W5AN AVF,NVF MEC NICS g t,Q?. , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. t7-Adult family member with whom Defendant(s) reside(s). Name and Relationship is ?t}N? t 1 F? 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: Age_AQS Height ? 5' Weight 20 Race W Sex F Other I, QO N41'o, MOLL- , 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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 13 day N 200 . V?:?4 lua Not%" By: E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY d111f WMMISSIOM RES 1012S12042 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1s` Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200. Notary: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?I 9a ?' F-I 'f r fi7-- -T l AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 DEFENDANT(S) ROBERT SMILEY JANET SMILEY SERVE JANET SMILEY AT: 601 ALISON AVENUE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 08-1099-CIVIL TERM ACCT. #171431 Type of Action - Notice of Sheriffs Sale Sale Date: September 3,2008 Served and made known to _jku F_T SAt LCE j , Defendant, on the (34 day of JUNE , 2001, at 5.31 , o'clock p.m., at 601 4USoN / 'VV-N u E l? ?CHl4 N 1C.S QV 12ts , 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: Description: Age 4Q_S Height _6_?r2!' Weight ol;1-0 Race W Sex Other I, 1P01OU'D 44 D 1. 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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs gibed before me this I day ??^? of Jz 12000. Not By: PZEASE TTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On the STATE 6f NEW JERSEY , 200_, at o'clock _.m., Defendant NOT FOUND because: MYZ`SIO EXPIRES 10/23/2012 Moved Unknown No Answer Vacant 1St Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 a 76 02 3 1^`-% k ?? `R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE FOR MORGAN STANLEY MORTGAGE COURT OF COMMON PLEAS PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff CIVIL DIVISION V. NO. 08-1099-CIVIL TERM ROBERT SMILEY JANET SMILEY Defendant(s) 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: 601 AI MON AV W 1R_ M-EC'14Al`n['4RiTRC;, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Date: July 24, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. i maX not he %old in the Absence of n reprpsenta ove of the plain off at the Sheriffs Sale The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 171431 a U Eel Q a 0 0 O 1 00 Uwe GL ti N O ?O a zdo T- ? 4pN1LA p9 £ 0 l 6 C 3400 0HA U3ll A a._ 8002. ZO Npr.`-,r' O l08 lzO.A o • 8. g a° lp ovo o q • 53AAO9 A3N1 /! N gE O .C ® G H 'a O °° 0. '. ? •??EB EG=G 0 U u.9 b' o W E u e tS. „ 6 0 0 :: d ra • mod' 'o.o C ? 3 N Cd M A - E `° ` p N h p ? N CQ ? , W Eb yo N 0 0 (4 C? H M 1-, on w O x d v . oo - Y a ° G wo ° CIO o N U M ow Eti ?.o.= q Q x o w oo 0 G%, Q) kr) Q (? o r o a N o ? N iC ? O K' On O N O M M M y°° ? yHa'4 H "? ¢ c;j v ?" ? Q w °? A a is c >, w is n .-? ? " o . 8 8 8 . E C s D y A U U U U a r O +1 (4 o 01 0 C's cl a w a ?p oo ^p C C C g oo Cd N a b H a O O O O o ?a w Z W ?1 y 'C N ?. CA cd C O C O C O C O o E a w o O ) wd En r o a; V0 3 o 0.. v V 94 w a-1 o Q a "' .2 N 3 C; 0 A O A O A O A O A O HOO° Hw d ° o ) ?3 d w ` d u ? z ° ? w 3 ?? Q AqA¢ ¢ a, ?1lH ? ? Z UQfA c v 0 Q oo?o E p 8 ° 6 p 8 ? 3 ? O Z U 3 0 00 C C `ri = U) o ° 9 F.w-1 Z g N m H Ooz z ?" .) k ca ca ev [-? n° W d O ¢ U El o .n w z w M ¢ OO zo p U ?O d v Q d ° a: oL' a z .. U A U U A a ?o Z "o H d 3 z H d xW V ?(,r? w r-a M u Eel Q W .8V za N M 00 0, .a H rTl a i Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for Morgan Stanley Mortgage Pass- Cumberland County, Pennsylvania Through Certificates, Series 2007-HE2 Writ No. 2008-1099 Civil Term VS Robert Smiley and Janet Smiley Shannon K. Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2008 at 1253 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: Robert Smiley and Janet Smiley, by making known unto Robert Smiley, for himself and for his wife, Janet Smiley, at 601 Alison Ave., Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1737 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 Robert Smiley and Janet Smiley located at 601 Alison Ave., Mechanicsburg, 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: Robert Smiley and Janet Smiley by regular mail to their last known address of 601 Alison Ave., Mechanicsburg, PA 17055. These letters were mailed under the date of July 15, 2008 and never returned to the Sheriff s 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. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills ? o: R. Thomas Kline, Sheriff BY Real Estate rgeant 30.00 21.98 15.00 15.00 .50 2.00 24.00 15.00 30.00 40.00 473.00 436.85 17.64 $1,120.97 ,/ zllt lb f -72 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MOR'fGAGE`PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2, 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 601 ALISON AVENUE. MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be ROBERT SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 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) None 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) Mers as a nominee for Decision One Mortgage Company Mers as a nominee for Decision One Mortgage Company P.O. Box 2026 Flint, MI 48501-2026 200 Gibraltar Road Suite 350 Horsham, Pa 19044 Mers as a nominee for 3023 HSBC Way Decision One Mortgage Company Fort Mill, SC 29715 Mers as a nominee for 3300 SW 34th Avenue Decision One Mortgage Company Suite 101 Ocala, FL 34474 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 601 ALISON AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 unworn falsification to authorities. May 27, 2008 DATE cer•'t?t(X, DANIEL G. SCHMI SQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). CUMBERLAND COUNTY No. 08-1099-CIVIL TERM May 27, 2008 TO: ROBERT SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 601 ALISON AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on September 3,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $182,562.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 (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. 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 Sheriffs 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence. along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an arc length of 26.70 feet to a point on the eastern line of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an are length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan No. 2, Plot 111' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert John Smiley and Janet Larue Smiley, h1w, by Deed from Geraldine M. Grace, widow, dated 0910812006, recorded 0911212006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0789-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH.OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1099 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2, Plaintiff (s) From ROBERT SMILEY and JANET SMILEY (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 gamishee(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 $182,562.84 L.L.$ 0.50 Interest from 5/23/08 to 9/03/08 (per diem - $30.01) - $3,121.04 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $172.60 Other Costs $2,491.00 Plaintiff Paid Date: 5/28/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 Deputy Real Estate Sale #58 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 601 Alison Ave., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 29, 2008 By: Real Esta Sergeant EI :lIv bZM900Z 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: July 18, July 25, and August 1, 2008 AfPiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I,),- e__ ?.Aisa Marie Coyle, Editor SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RA" AWATS AALN NO. A$ Writ No. 2008-1099 Civil Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Mortgage Pass-Through Certificates, Series 2007-HE2 VS. Robert Smiley and Janet Smiley Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Mechanicsburg, County of Cum- berland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line be- tween Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an arc length of 26.70 feet to a point on the eastern line of Nor- way Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 de- grees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan No. 2, Plot S' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert John Smiley and Janet Larue Smiley, h/w, by Deed from Geraldine M. Grace, widow, dated 09/08/2006, recorded 09 / 12 / 2006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055. PARCEL NO. 17-24-0789-141. The Patriot-News Co. 812 Market St. the Paft1*0t'WX(W5 Harrisburg, PA 17101 Now you know Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Har6sburg, 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 MPOMYNOnle sYLVANIa My ? 1 Membar, ASaodatton of Notariea Real Estate Sale No. 58 Writ No. 2008-1099 Civil Term Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Mortgage Pass-Through Certificates, Series 2007-HE2 VS Robert Smiley and Janet Smiley Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern he of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an arc length of 26.70 feet to a point on the eastern fine of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern he of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan Not, Plot `B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert John Smiley and Janet Larne Smiley, h/ w, by Deed from Geraldine M. Grace, widow, dated 09/08!2006, recorded 09/1212006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055 PARCEL N0:17-24-0789-141 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). No. 08-1099-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $182,562.84 Interest from 05/23/2008 TO 6/10/09 $11,523.84 and Costs (per diem -$30.01) Add'1 Costs $4,615.08 TOTAL $198,701.7 DANIE G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the 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. 171431 -916 d z Wa aaox ? O U zz aH N >4 W >4 a owdw as o w44 OH ?wwW ?? Uz z??? H? w 00 x??? wW 3 H?H?H Paz a t aA aa?ad Oti w o ?oU a w? H?Wa w AUrFi? U ? J Zl 8 C? "O D k 0 0 dd as as ca as UU 0-4 FN zz dd ww zz 40, ? 00 d LO AO?? OQ?1,3po 03 ?r M [) C r r7.- f"' r . r ?. Q t7D `" 15TJi -G 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 MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY . JANET SMILEY . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM 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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff P-4 C po rl li r f p ,ter DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, v. ROBERT SMILEY JANET SMILEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2, 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 ,601 ALISON AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT SMILEY JANET SMILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 601 ALISON AVENUE MECHANICSBURG, PA 17055 601 ALISON AVENUE MECHANICSBURG, PA 17055 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) MERS as a nominee for Decision One P.O. Box 2026 Mortgage Company Flint, MI 48501-2026 MERS as a nominee for Decision One 200 Gibraltar Road, Suite 350 Mortgage Company Horsham, PA 19044 MERS as a nominee for Decision One 3023 HSBC Way Mortgage Company Fort Mill, SC 29715 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS as nominee for America's Servicing Company Last Known Address (if address cannot be reasonably ascertained, please indicate) 601 ALISON AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 2701 Wells Fargo Way MACx999-019 Minneapolis, MN 55467-8000 MERS as nominee for P.O. Box 2026 America's Servicing Company Flint, MI 48501-2026 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 uthorit February 2, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). CUMBERLAND COUNTY No. 08-1099-CIVIL TERM February 2, 2009 TO: ROBERT SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 601 ALISON AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $182,562.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 (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: 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. 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 (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 Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence. along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an are length of 26.70 feet to a point on the eastern line of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of RFGTNNTN(;. BEING Lot No. 69 on Plan No. 2, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert John Smiley and Janet Larue Smiley, h/w, by Deed from Geraldine M. Grace, widow, dated 09/0812006, recorded 09/12/2006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0789-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1099 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2, Plaintiff (s) From ROBERT SMILEY and JANET SMILEY (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 $182,562.84 L.L. Interest from 5/23/08 to 6/10/09 (per diem - $30.01) -- $11,523.84 and Costs Atty's Comm % Due Prothy $2.00 Arty Paid $1,315.07 Other Costs $4,615.08 Plaintiff Paid Date: 2/04/09 A ur R. Vothio7y (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQURIE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 DEFENDANT(S) ROBERT SMILEY JANET SMILEY SERVE ROBERT SMILEY AT: 601 ALISON AVENUE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 08-1099-CIVIL TERM ACCT. #171431 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 SERVED Served and made known to Defendant, on the °??S T day of _ e-?l . 200 4 at o'clock k.m., at of Pennsylvania, in the manner described below: Commonwealth Defendant personally served. / Adult family member with whom Defendant(s) reside(s). Name and Relationship is 1,411.(09 0?- k?,`„ 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: Age _ Height s_? Weight /ZO Race"/ Sex f Other I, /- 4:949--, a competes adult, being duly sworn according to law, and state that I personally handed a true and correct copy of the Notice of Sberiffs Sale in the manner as set forth herein, ' m the captioned case on the date and at the address indicated above. Sworn to and subscribed e this ???_Yday - - By: G '50Wr`A1 200 . A MPT LEAST 3 TIMES_ INICA Notary Public State of New Jersey NOT SERVED PATRICIA E. HArRIS ?oemission Expi?,,e 16, n?3 200_, at Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200_. Notary: Kennisth 'rrti. Baker 19 Bisbee Drive Burlington NJ 08016 606-SA-4231 TE DATES & TIMES OF SERVICE ATTEMPTED. o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Attorney fo Plaintiff DANIEL G. SCHMIRG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 14103-1814 (215) 563-7000 y ? ? ?o ?w_ %:? ? w L' »." ..,,s AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN No. 08-101-CIVIL TERM STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007 HE2 ACCT. #171431 DEFENDANT(S) ROBERT SMILEY Type of Action JANET SMILEY - Notice of Sheriffs Sale SERVE JANET SMILEY AT: Sale Date: JUNE 10, 2009 601 ALISON AVENUE MECHANICSBURG, PA 17055 SERVED Served and made known to /,f 4e . Defendant, on the ??sT day of ,zoos, at %sr o'clock Jd.m., at ,'?0s'" 'e ? • , 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 refined 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: Age 1j Height Weight 13 D Race W Sexp Other ,19?5/- & 1, /1i, fir ;tA ce - . a competent adult, being duly sworn according to laforth ose and state that Ithe personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner here in, issued in captioned case on the date and at the address indicated above. 17 Sworn to and subscribed Kennetkt rrv. Maker before m t is ? day 19 Bisbee Drive 2?L Buriing?o NJ 08016 Notary _ - By 600'9 *W4231 L AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public State of New Jersey NOT SERVED PATRICIA E. NX-RIS C mission Expires June 16, 2013 Onotg'e day of 1200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer vacant ft Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of . 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ' ? t'- l ?.' ? ? " ?.n ?. W_ r ? ( 1'? ?.? y1 I 1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 VS. ROBERT SMILEY A/K/A ROBERT JOHN SMILEY JANET SMILEY A/K/A JANET LARUE SMILEY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1099-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, F 5. TJ? 811114) Esq. attorney for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested parry in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: OG Z"oi By: '1' / 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 Attorneys for Plaintiff v In A w N ?• p ?O 00 ?l O? th J? w N .. J aA ? P, w tj c) H Z C 3 Q e? 1 ?z p o odb ao *q po ??wnr ep CO a.. -0 En ? o ? o o cs es es " 'b ? ? ? n0 ? ? ? n y `? ei' a' B ? 3 x b? e? e n G7 y CS tv M "I 01? O O O rAP N CA ?^ Wt?p? c 00 3 d d d ?p J 4 O 114 W 0 3. PO W y v? O O O c? ^ 00 ri on r y Z _ yy yy Y/+, a Y p• p• ?. A O O m if7 A? ?n w V e?D tip O y C G' l'1 P1 n .'• o ? C?J ro .O"1. C O O O v' d y y ? b is ? ? -- n y tz 1.0 00 ??o=o ? ? N O O '_' e -^ N FA `'' ° °o n O S. cr oJ. bd 'sJ con o a m x ?.. g a. H m A C 'S o? UQ i-+ y b < 9 .0 3 U R ? ? o??^ o n ? C ? ? ° o; cn R lg.X9 N A r d 00 . w ? O 0 0 O 0 f?D B ~ 00 ON a » rD N N ON J o 0' * O O 14 OL F.+ Vi O\ ?D I. C R ? ° a akya m 1j /??? w w 02 5 c 000421$0480, 0 7 .46 MAILED FROM ZIPCOD' E 2B 009 19103 ? m o FTT 0 d C W A W C? Z d ?CD a ti 0 r ?((-D) aCD CD Oo0 C? na.? 0 H ° l? r O ro r AM/ p 20Gi9 i +-) tic i ,1 Gtr M In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1099 Civil Term Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Mortgage Pass- Through Certificates Series 2007-HE2 Vs Robert Smiley and Janet Smiley Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2009 at 2012 hours,she 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: Robert Smiley and Janet Smiley, by making known unto Janet Smiley, personally, at, 601 Alison Ave, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 10 19 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 Robert Smiley and Janet Smiley, located at, 601 Alison Avenue, Mechanicsburg, 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: Robert Smiley and Janet Smiley, by regular mail to their last known address of, 601 Alison Avenue, Mechanicsburg, PA 17055. This letter was mailed under the date of April 6, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 20.67 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 18.90 Levy 15.00 Surcharge 30.00 Law Journal 479.00 Patriot News 373.34 Share of Bills 15.43 Post Pone Sale 40.00 1054.37 Io%X461 0 Ce 72 YS"7 / j 3/-7F7 OF T r SO And R. Thomas Kline, Sheriff BO Li R M (Coordinator 2U'C9 CC i 12 Ali 111: 12 . Y t '- LVA, 4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 Plaintiff, V. ROBERT SMILEY JANET SMILEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1099-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 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 ,601 ALISON AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) MERS as a nominee for Decision One P.O. Box 2026 Mortgage Company Flint, MI 48501-2026 MERS as a nominee for Decision One 200 Gibraltar Road, Suite 350 Mortgage Company Horsham, PA 19044 MER& as a nominee for Decision One 3023 HSBC Way Mortgage Company Fort Mill, SC 29715 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 Addre 'f dd b None ss (i a ress cannot e 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 601 ALISON AVENUE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS as nominee for America's Servicing Company MERS as nominee for PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 2701 Wells Fargo Way MACx999-019 Minneapolis, MN 55467-8000 P.O. Box 2026 America's Servicing Company Flint, MI 48501-2026 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 authorit' February 2, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-111E2 Plaintiff, V. ROBERT SMILEY JANET SMILEY Defendant(s). CUMBERLAND COUNTY No. 08-1099-CIVII. TERM February 2, 2009 TO: ROBERT SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 JANET SMILEY 601 ALISON AVENUE MECHANICSBURG, PA 17055 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 601 ALISON AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $182,562.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2 (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: 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 Courtto 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 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 Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence. along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an arc length of 26.70 feet to a point on the eastern line of Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of REGYNN1NG. BEING Lot No. 69 on Plan No. 2, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Robert John Smiley and Janet Larue Smiley, h/w, by Deed from Geraldine M. Grace, widow, dated 09108/2006, recorded 09/12/2006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0789-141 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1099 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2, Plaintiff (s) From ROBERT SMILEY and JANET SMILEY (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 $182,562.84 L.L. Interest from 5/23/08 to 6/10/09 (per diem - $30.01) -- $11,523.84 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,315.07 Other Costs $4,615.08 Plaintiff Paid Date: 2/04/09 Alm Curtis R. Long, Prothono ry (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQURIE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF 9E 'I , ? ? i E ' J Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 J A I Sri i ! =.' Real Estate Sale # 36 On February 12, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 601 Alison Avenue, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2009 By: 0 --1 0 41,uld*1 k?? 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, and May 15, 2009 ---------------- 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. Li a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE No. 36 Writ No. 2008-1099 Civil Deutsche Bank National Trust company, as Trustee for Morgan Stanley Mortgage Pass-Through Certificates Series 2007-HE2 VS. Robert Smiley and Janet Smiley Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate ? the County of Mechanicsburg, berUmd, and State of Pennsylvania, bounded and described as follows, to wit: point on the BEGINNING at a p northern line of Alison Avenue, said point being at the dividing line be- tween Lots Nos. 68 and 69, on the hereinafter mentioned Plan of Lots; thence along the northern line of Alison Avenue, South 64 degrees 51 minutes West, a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway afia o a curve to the right, having 17.00 feet, an arc length of 26.70 feet to a point on the eastern line of Nor- way Street; thence continuing long the eastern line of Norway Street, North 25 degrees 09 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet to a point; thence continuing along the eastern line of Norway Street, North 42 de- grees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; 15 minutes thence North 67 degrees East along land now or formerly of Mechanicsburg School District, a distance of 4739 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between is Nos. 68 and 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said plan, South 25 degrees 09 minutes East, 154.40 feet to a point on the northern line of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan No. 2, Plot S' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Boole 20, Page 79. BM G ]mown and nun*avd as 601 Arson Avenue, Mechg, Psmar+ayl?sia. __ _-__-- TITLE TO SAID PREMI"S IS vEsm IN Robert John 9mn1 Dana Janet Larue Smiley, h/w, by from Geraldine M. Grace, widow, dated 09/08/2006, recorded 09/ 12/2006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, MECHANICSBURG, PA 17055. PARCEL NO. 17-24-0789-141. -The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f ?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller cif 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 s nce; 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 .......... 1.......... Sworn to and bs (bed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Sherrie L. Kisner, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, (Pennsylvania Association of Notaries Y! eal Estate Sale No. 36 ritNo. 2008-1099 Civil Term Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Mortgage Pass-Through Certificates Series 2007-HE2 VS Robert Smiley and Janet Smiley Attorney Daniel G. Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern fine of Alison Avenue, said point being at the dividing line between Lot' Nos. 68 and 69, on the hereinafter mentioned Plan of the thence along he northern line of Alison Avenue, South 64 degrees 51 minutes West. a distance of 93.00 feet to a point; thence continuing along the northern line of Alison Avenue to the eastern line of Norway Street on a curve to the right, having a radius of 17.00 feet, an arc length of 26.70 feet to a point on the eastern line of :Norway Street; thence continuing along the eastern line of Norway Street, North 25 degrees 99 minutes West, a distance of 39.28 feet to a point; thence continuing along the eastern line of Norway Street on a curve to the left, having a radius of 300.00 feet, an arc length of 89.03 feet 10 a point; thence continuing along the eastern line of Norway Street, North 42 degrees 09 minutes 15 seconds West, a distance of 17.30 feet to a point; thence North 67 degrees 15 minutes East along land now or formerly of Mechanicsburg School District, a distance of 47.39 feet to a point; thence North 67 degrees 47 minutes East along land now or formerly of Wilbur Fought, a distance of 80.98 feet to a point at the dividing line between Lots Nos. 68 dnd 69 on said Plan; thence along said dividing line between Lots Nos. 68 and 69 on said Plan. South 25 degrees 09 minutes Fast, 154.40 feet to it point on the northern line of Alison Avenue, the place of BEGINNING. BEING Lot No. 69 on Plan No.2, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 79. BEING known and numbered as 601 Alison Avenue, Mechanicsburg, Pennsylvania. ITTLE TO SAID PREMISES I5 VESTED IN Robert John Smiley and Janet Larue Smiley, h/ by Deed from Geraldine M. Grace, widow, dated 09/08/2006, recorded 09/12/2006, in Deed Book 276, page 3099. PREMISES BEING: 601 ALISON AVENUE, %XHANICSBURG, PA 17055 PARCEL NO. 17.24.0789-141