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HomeMy WebLinkAbout08-1511PHELAN 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 169767 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 1511 C ivi ( Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169767 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 #: 169767 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 #: 169767 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 #: 169767 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/29/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NONINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1925, Page: 1495. By Assignment of Mortgage recorded 03/01/2007 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 734, Page 3595. Said Assignment of Mortgage was re-recorded on 05/11/2007 in Assignment of Mortgage Book No. 0736, Page 3937. 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(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 169767 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6 The following amounts are due on the mortgage: Principal Balance $62,856.69 Interest $2,421.65 09/01/2007 through 03/03/2008 (Per Diem $13.09) Attorney's Fees $1,250.00 Cumulative Late Charges $67.95 09/29/2005 to 03/03/2008 Cost of Suit and Title Search 550.00 Subtotal $679146.29 Escrow Credit $0.00 Deficit $383.54 Subtotal 383.54 TOTAL $67,529.83 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 169767 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 169767 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 $67,529.83, together with interest from 03/03/2008 at the rate of $13.09 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 Y RANCIS 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 #: 169767 LEGAL DESCRIPTION ALL that certain tract of land situate in the East Pennsboro Twp., Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty-five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety-eight and five-tenths (198.5) feet to a point marked by an iron pin; thence South eighty- two (82) degrees forty-five (45) minutes west, fifty-four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street South seven (07) degrees fifteen minutes east, one hundred ninety-eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book'U', Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21-1991-0836 and granted a life interest to his wife, Darlien Frey, and a remainder interest to his six children, the grantors herein. Darlien Frey died March 15, 2005. PARCEL#: 45-17-1044-100 PROPERTY BEING: 401-403 FRONT STREET File #: 169767 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: r C-) C- P'a C=) te, ?b s'i * 00 ??. iI M * crs,r t cn Fi? :- N) 0 00 D 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008--01511 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBI`RLAND HSBC BANK USA NATIONAL ASSOC VS HOFFMAN DEANNA E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN DEANNA E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 GIVEN ADDRESS IS VACANT. , HOFFMAN DEANNA E NOT FOUND , as to Sheriff's Costs: So answer • ,- > Docketing 18.00 Service 14.40 Not Found 5.00 R. Tho s Kline Surcharge 10.00 Sheriff of Cumberland County .00 47.40 ? PHELAN HALLINAN SCHMIEG 03/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008--01511 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS HOFFMAN DEANNA E ET AL R. Thomas Kline -,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN JOHN T but was unable to locat=e Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOFFMAN JOHN T 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 GIVEN ADDRESS IS VACANT. Sheriff's Costs: So answers:.,, Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00./ PHELAN HALLINAN SCHMIEG 03/20/2008 3 I ?'7?o f? ?'Nl Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01511 P COMMONWEALTH OF7 PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS HOFFMAN DEANNA E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT T i--TT ? TTTTT 7? to wit: but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 20th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer: Docketing 6.00 . Out of County 9. 00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 43.25 Sheriff of Cumberland County Postage 1.31 69.56 ? 3/.27168 ,?y? ?' " 03/20/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL ASSOC VS HOFFMAN DEANNA E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HOFFMAN JOHN T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 20th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 6.00 _ -? ./- Out of County .00 Surcharge 10.00 R. Thomas Klin .00 Sheriff of Cumberland County .00- 16. 0 0 ? 3?? 7/v8 ?,?'? 03/20/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Penxisylvanla HSBC Bank USA Deanna E. Hoffman et al SERVE' . Deanna E. Hoffman. No, Now, March.6, ,2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do. hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the V V* mtfirk of Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick sheriff Commonwealth of Pennsylvania County of Dauphin HSBC BANK USA VS DEANNA E HOFFMAN Sheriff s Return No. 2008-T-0531 OTHER COUNTY NO. 08-1511 And now: MARCH 17, 2008 at 9:07:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DEANNA E HOFFMAN by personally handing to JOHN HOFFMAN 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 22 SOUTH 4TH STREET HALIFAX PA 17032 HUSBAND Sworn and subscribed to before me this 17TH day of March, 2008 "A - k/ NOTARIAL SEAL MARY JANE SNYDER, Notary Publi HighsF,:re, Dauphin County Commission Expires Sep t 1 2010 So Answers, Sheriff of uahin.lLourom Pa. By t 2?- Deputy Sheriff Deputy: S WEVODAU Sheriffs Costs: $43.25 3/11/2008 In The Court of Common Pleas of Cumberland County, Pennsylvania HSBC Bank USA Deanna E V5I4offman et al SERVE: John T. Hoffman No. 08-1511 civil . Now, March 6, ,2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .?' Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the - -- --- ----- - County, PA Cpjfitt Elf t e ,01ter-ff Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HSBC BANK USA VS DEANNA E HOFFMAN Sheriff s Return No. 2008-T-0531 OTHER COUNTY NO. 08-1511 And now: MARCH 17, 2008 at 9:07:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon JOHN T HOFFMAN by personally handing to JOHN T HOFFMAN true attested copies of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 22 SOUTH 4TH STREET HALIFAX PA 17032 Sworn and subscribed to before me this 17TH day of March, 2008 NOTARIAL SEAL Ernmission JANE SNYDER, Notary Publi ighspire, Dauphin County Expires Set 1 2010 So Answers, 4c-- Sheriff of a hi ou , Pa. By r+ Deputy Sheriff Deputy: S WEVODAU Sheriffs Costs: $43.25 3/11/2008 Aw - PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT- A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff Vs. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1511-CIVIL TERM : CUMBERLAND COUNTY 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. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff B 16SI Francis S. Hallinan, E quire Date: PHS #: 169767 Aw ?r PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT- A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff VS. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1511-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 Date: 5-/CO la Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff B Francis S. Hallinan, squire e VERIFICATION Thomas Westmoreland hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Thomas Westmoreland DATE: 03/06/08 Title Vice President of Loan Documentation Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Loan: 1158044944 File #: 169767 a t --G -v 99 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM 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 DEANNA E. HOFFMAN and JOHN T. HOFFMAN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/4/08 to 6/10/08 TOTAL $67,529.83 $1,295.91 $68;825.74 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. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -04&L 169767 PRO ROTH 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 15) 56-3-7000 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT- A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY Vs. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants TO: DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 DATE OF NOTICE: MAY 22, 2008 :NO. 08-1511-CIVIL TERM 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 nt 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 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT- A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY Vs. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants TO: JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 DATE OF NOTICE: MAY 22, 2008 F/IECOPr 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 OJ SSIC 4NAHILL, Legal Assistant NO. 08-1511-CIVIL TERM `°? ..? ?°?? 6 ?? r 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD Plaintiff, v. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DEANNA E. HOFFMAN is over 18 years of age and resides at, 22 SOUTH 4TH STREET, HALIFAX, PA 17032. (c) that defendant JOHN T. HOFFMAN is over 18 years of age, and resides at, 22 SOUTH 4TH STREET, HALIFAX, PA 17032. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - - Q A )Jif DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff N ,'P % (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY DEUTSCHE ALT-A SECURITIES INC. COURT OF COMMON PLEAS MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD CIVIL DIVISION Plaintiff, v. DEANNA E. HOFFMAN JOHN T. HOFFMAN NO. 08-1511-CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQUI "tj Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on June /a 2009 . By: 2AII.dE2, -4..V If you have any questions concerning this matter, please contact: 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 No. 08-1511-CIVIL TERM Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/11/2008-12/10/2008 (per diem -$11.31) Add'I Costs TOTAL $68,825.74 $2,069.73 and Costs $2,184.75 $73,080.22 =L) (Aqu-j ('b - ahrfe?? DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the 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. 169767 Ca ? O a jA C:: <a M=l Fyn tpt O cr S' ?` en, 064 z xx oz x ? ? wWw d O U C4 wa daaa z ? ? ? ?? a? zo?w? dz W ? ? x .? Z ?WWdo w ?`? a HH `° ow d N Ow ?, o ?, H? ?a Z?HaW x0 p?-??,, ? ?? a ?, a d o o?? ? o w '? ?, w W x Up O V a ?'' LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, on the East side of Front Street; thence North 82 degrees 45 minutes East, 54 feet to an iron pin at the shore of the Susquehanna River; thence North 07 degrees 15 minutes West, 198.5 feet to a point marked by an iron pin; thence South 82 degrees 45 minutes West, 54 feet to a point marked by an iron pin to the East side of Front Street; thence along Front Street, South 07 degrees 15 minutes East, 198.5 feet to a point, the place of BEGINNING. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, h/w, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, nbm. and Tracey Frey Hoffman and Joseph Frey and Ruth Fry Lupfer, individually and Ruth Fry Lupfer, as administrator, dated 0912912005, recorded 10103/2005, in Deed Book 00271, page 01190. PREMISES BEING: 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044-100 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-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 unsworn falsification to authorities. Lg DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff 4 CC> +yry rni [ ? rnf= . V y "D ?? 1.G7 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6, 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 3401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 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 MERS INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4600 Regent Blvd. STE 200 Irving, TX 70063 MERS INC. C/O Joseph A. Fidler HSBC Bank USA National Association Grenen & Birsic, P.C. One Gateway Center 9th Floor Pittsburgh, Pa 15222 3476 Stateview Blvd. Fort Mill, SC 29715 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) American Home Mortgage 520 Broadhollow Road Servicing, Inc. Melville, NY 11747 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 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. July 10, 2008 DATE ?Pnd' ib- " DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff C -rt C - cis : -ra tl ` 7 ?{y + ' W A V HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). TO: DEANNA E. HOFFMAN July 10, 2008 22 SOUTH 4TH STREET HALIFAX, PA 17032 CUMBERLAND COUNTY No. 08-1511-CIVIL TERM JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,825.74 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 (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 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 tract of land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, on the East side of Front Street; thence North 82 degrees 45 minutes East, 54 feet to an iron pin at the shore of the Susquehanna River; thence North 07 degrees 15 minutes West, 198.5 feet to a point marked by an iron pin; thence South 82 degrees 45 minutes West, 54 feet to a point marked by an iron pin to the East side of Front Street; thence along Front Street, South 07 degrees 15 minutes East, 198.5 feet to a point, the place of BEGINNING. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, h/w, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, nbm. and Tracey Frey Hoffman and Joseph Frey and Ruth Fry Lupfer, individually and Ruth Fry Lupfer, as administrator, dated 09/2912005, recorded 10103/2005, in Deed Book 00271, page 01190. PREMISES BEING: 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044-100 C') N ? w c3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1511 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION Plaintiff (s) From DEANNA E. HOFFMAN and JOHN T. HOFFMAN (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$68,825.74 L.L.$.50 Interest FROM 06/11/2008 -12/10/2008 (PER DIEM - $11.31) - $2,069.75 AND COSTS Atty's Comm % Atty Paid $272.96 Plaintiff Paid Date: JULY 11, 2008 (Seal) Due Prothy $2.00 Other Costs$2,184.75 61k"il-'e4 Curti A. Long, Pro ry By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 DEFENDANT(S) DEANNA E. HOFFMAN JOHN T. HOFFMAN SERVE DEANNA E. HOFFMAN AT: 22 SOUTH 4TH STREET HALIFAX, PA 17032 CUMBERLAND C01 IN"I Y No. 08-1511-CIVIL TERM ACCT. #169767 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 SERVED Served and made known to bean na F, 86*wan , Defendant, on the day of at 2 10 o'clock t.m., at ,ill 4 SNt".? / ?'d- 0C) 3, Z -- -- `,; r ;, ,,t•, of Pennsylvania, in the manner described below: X 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 -10 Height S 4 * Weight 16e- Race W Sex F Other I, r???& 'Navlris L- a competent adult, being duly swom according to law, depose and stat o:;a a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned c_is. yr. 0,.c the address indicated above. Sworn to and subscribed befor=e this 1-t- day of J , 200'St Notary- By: ?. ? PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE A TIT +'s COMMONWEALTH OF PENN8YLVAN A NOTARIAL SEAL OT SERVED THOMAS P. STRAIN, Not Put v _ o'clock _.m., Defendant NOT FOUND On the dux P a phbw My Commission Expires Febru 4, 2010 Move own o nswer Vacant 1s` Attempt: Time: 2nd Attempt: Titnc< 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - Lft ;141,, ' 22?t: of _,200- One Penn Center at Suburban Station. Snita d=t Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?, ' ?., '=r c ?' -? -rt ?° -G- j`:. w. :.€:: .:?.. .»-° .. ? i r AFFIDAVIT OF SERVICE PLAINTIFF HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 DEFENDANT(S) DEANNA E. HOFFMAN JOHN T. HOFFMAN SERVE JOHN T. HOFFMAN AT: 22 SOUTH 4TH STREET HALIFAX, PA 17032 SERVED CUMBERLAND COUNTY No. 08-1511-CIVIL TERM ACCT. #169767 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to 3ihv, T. 4 4maI3 , Defendant, on the 1.55-Z day of Jo/- , 2001, at 0 , o'clock p.m., at 22 SocrfLi lift 9keri 14c.1.4)r 10 6L r7d,3 2 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ X Adult family member with whom Defendant(s) reside(s). Name and Relationship is W ,' I o.r- 7e4n.iq 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: a? Description: Age 20 '- Height S Weight 1,L2? fi Race W Sex F Other I, ('uid.We ?nH?s C- 0-6ee- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this (F day of 2003. ?i Notary: BY: ? -?- PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE COMMONWEALTH OF PENNSYLVANIA ATTEMPTED. NOTARIAL SEAL THOMAS P. STRAIN, Notary Public NOT SERVED City of Philadelphia, Phila. County On the 1 , at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 0 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 Cl) E 1 4 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1511-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I . Plaintiff commenced this foreclosure action by filing a Complaint on March 6, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on June 12, 2008 in the amount of $68,825.74. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $62,856.69 Interest Through December 10, 2008 $6,111.32 Per Diem $13.13 Late Charges $67.95 Legal fees $1,675.00 Cost of Suit and Title $1,377.25 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $797.50 Appraisal/Brokers Price Opinion $380.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,910.59 TOTAL $77,176.30 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 7, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: --I? m I bt n &chmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1511-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DEANNA E. HOFFMAN and JOHN T. HOFFMAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgagee Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: e 1 ' Schmieg, LLP By: ichele M. Bradford, Esquire MAttorney for Plaintiff Exhibit "A" PHELAN 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 169767 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, pA 17025 Defendants s m 9 r '50 IX n c C` ?J C b p ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08-1511 Civil berm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ,Y g and of File #: 169767 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 #: 169767 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 #: 169767 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 #: 169767 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DEANNA E. HOFFMAN JOHN T. HOFFMA.N 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/29/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NONINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1925, Page: 1495. By Assignment of Mortgage recorded 03/01/2007 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 734, Page 3595. Said Assignment of Mortgage was re-recorded on 05/11/2007 . in Assignment of Mortgage Book No. 0736, Page 3937. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #. 169767 5. 6. 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $62,856.69 Interest $2,421.65 09/01/2007 through 03/03/2008 (Per Diem $13.09) Attorney's Fees $1,250.00 Cumulative Late Charges $67.95 09/29/2005 to 03/03/2008 Cost of Suit and Title Search 550.00 Subtotal $67,146.29 Escrow Credit $0.00 Deficit $383.54 Subtotal 383.54 TOTAL $67,529.83 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 169767 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 169767 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 $67,529.83, together with interest from 03/03/2008 at the rate of $13.09 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 B y:/-ACIS-S. ?.- ?i 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 #: 169767 LEGAL DESCRIPTION ALL that certain tract of land situate in the East Pennsboro Twp., Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty-five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety-eight and five-tenths (198.5) feet to a point marked by an iron pin; thence South eighty- two (82) degrees forty-five (45) minutes west, fifty-four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street South seven (07) degrees fifteen minutes east, one hundred ninety-eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book'V, Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21-1991-0836 and granted a life interest to his wife, Darlien Frey, and a remainder interest to his six children, the grantors herein, Darlien Frey died March 15, 2005. PARCEL#: 45-17-1044-100 PROPERTY BEING: 401-403 FRONT STREET File #: 169767 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.RC.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 unworn falsifications to authorities. 4 Attorney for Plaintiff DATE: Exhibit 66B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM Plaintiff, v. c o DEANNA E. HOFFMAN -y i ? ? 22 SOUTH 4TH STREET T , 7l HALIFAX, PA 17032 ' '" ra ~' JOHN T. HOFFMAN 4 s, 22 SOUTH 4TH STREET SE HALIFAX, PA 17032 Cl'i --C 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 DEANNA E. HOFFMAN and JOHN T. HOFFMAN Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/4/08 to 6/10/08 TOTAL $67,529.83 $1,295.91 $68;825.74 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. A 1, DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 169767 PR PROT Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey October 7, 2008 DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 RE: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 v. DEANNA E. HOFFMAN and JOHN T. HOFFMAN Premises Address: 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 CUMBERLAND County CCP, No. 08-1511-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3 (9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 13, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. NcVee WBBBrrrddf , quire For P helan Hallinan & Schmieg, LLP Enclosure O a ? W W Vl d' w M H ? N O ¢ ? w w a Oo 4. x x x ? a a ti ti ? ?? o O W 0 0 a; a V cd b wr wrx Q waw ¢ ¢ O G W ??a z Q3 Qx Q z U ,.y ?"? rl co? W) a a a o ? h "O B LS E .? zd0 '" N M I-r I- 1,0 I- I- 10, 12 1= 12! 1m Ia In £ 0 G 6 l 3000 di-7 WOaj 031IbW 8001 LO lop OL09LZb000 00&30 $ k%10 S3Mou A3Nlld ® z O? %d 63010 ^??Ne d '5 ? 3 .? UHE* rl 0 0 MA G O O 0- `" E v U ? C v Q y - ? x E d y p? E w N V N U C h d U 5~q U ot O V b W .? b U -O O > 0o° fl o o <,, w 0 o c O 1 .0 t: Ei U ? `? ti CUi p O O s a w., O a 6 aw ? U v 0.0 0 a° 9 4 z, A. `v v o ? a a'Oi U H? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. lin & Schmieg, LLP DATE: 1 1 u By: Michele M. MBradfor , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1511-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 DEANNA E. HOFFMAN PO BOX 315 HALIFAX, PA 17032 DATE: I DEANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 RMBradtordS, n chmieg, LLP By: Michele Esquire Attorney for Plaintiff ? -? ?; __.? `? -? -?`, _. .r.e.q ?"k ?. ' iy C.J ?> ,.? ? ? .S OCT' 16 200% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. Civil Division MORTGAGE LOAN TRUST, SERIES 2005-6 : Plaintiff CUMBERLAND County V. No. 08-1511-CIVIL TERM DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants RULE AND NOW, this &4 day of Y 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the K ltdao of .? 3 y 2008, at ?• ?? f , in dye-fv ? Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT J. to N r 7 Go N r ?Vlichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com /DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 ,/DEANNA E. HOFFMAN PO BOX 315 HALIFAX, PA 17032 12?>p t & m.&L* LCCL rc?2r?A? ANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 TEL: 717-896-9015 169767 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF ; DEUTSCHE ALT-A SECURITIES INC. : MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-1511-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of was sent to the following individual on the date indicated below. DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 DEANNA E. HOFFMAN PO BOX 315 HALIFAX, PA 17032 DATE: _o I A 6% DEANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 a H MlfinnSchmieg, LLP By: Michele , squire Attorney for Plaintiff z CT) _t u 1 A-3- Co! CJ CV r HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 VS. DEANNA E. HOFFMAN JOHN T. HOFFMAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-1511-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. c G DATE: November 10, 2008 DANIEL G. SCHMIEG, Attorney for Plaintiff , ?: 0 l 4 a a w °x C v? ? U v? o U w •? O `O a b y ? y i Cc? O 300:),il?' FJOM3 dgil W 80 'a. z/irr 0??Q 603b000 o 4 z o K. w „ 8 w aivi'd Asp C z d a ? ? o Sod Sao G ? ? o pU ? ° [ 6 c ? ? a ° ? c . ?.6 ; A o E c w . v a Q) ? O w td';;?E CL E ¢ ` k • ,? a 60 ` ?W N LL --i b E w ,d c y C) N N ° v o Q U U ^' .ter '?8?,? o ? ? a N . .? 10 E-••? ? eq 3 - O ? ? 8 ? a? V ? o a ; w0 ? 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Ew O FFF??? ? 3 ? M O w 3 $o ?? h sx W td g •a '? W ? UD ou 'fl a w ? a w 0 0 ? O 0 ? ? W ? ..# o con o o ¢ z z" Wa d'?OV w A H x d ¢z z a Ax ?? d N M h ?D l? 00 Q r u? Cn ; r-? a :ac HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6, 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,401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 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 there property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS INC. MERS INC. C/O Joseph A. Fidler HSBC Bank USA National Association 4600 Regent Boulevard, Suite 200 Irving, TX 70063 Grenen & Birsic, P.C. One Gateway Center 9th Floor Pittsburgh, Pa 15222 3476 Stateview Blvd. Fort Mill, SC 29715 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) American Home Mortgage Servicing, Inc. American Home Mortgage Servicing, Inc. 4600 Regent Boulevard, Suite 200 Irving, TX 75063 520 Broadhollow Road Melville, NY 11747 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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 uns*_om falsification to aAgrities. November 10, 2008 ~ r (J ??/` DATE NIEL G. SCHMIEG; F Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE BANK, ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1511 Civil Term DEANNA E. HOFFMAN AND JOHN T. HOFFMAN Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on November 26, 2008 at 2:15 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: November 21, 2008 Dale F. S a t, r. Supreme Co r .D. 19373 10 west High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire Deanna E. Hoffman John T. Hoffman C7 7;F s• ?t t V& IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. Civil Division MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff CUMBERLAND County No. 08-1511-CIVIL TERM V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants , ` ORDER AND NOW, this ?(e v l? ay of 01f6* , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $62,856.69 Interest Through December 10, 2008 $6,111.32 Per Diem $13.13 Late Charges $67.95 Legal fees $1,675.00 Cost of Suit and Title $1,377.25 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $797.50 Appraisal/Brokers Price Opinion $380.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $3,910.59 $77,176.30 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commuded in the above figure. ?? BY J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP '6'V 1617 JFK Boulevard, Suite 1400 car-g" 9 bY Philadelphia, PA 19103 lt? 0.4?OL TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforda.fednhe.com DEANNA E. HOFFMAN JOHN T. HOFFMAN 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 DEANNA E. HOFFMAN C i p`S L 6Y PO BOX 315 <<' s' HALIFAX, PA 17032 ?4 DEANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 TEL: 717-896-9015 169767 ?? r- ?:? °?? _ -- ?.. --? G'? y-iT? o _?, _? ? ? ? ? - - - - -r ? ' ?; ?? " f ?? ?a j ^{ • • -?? tis.3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Deutsche ALT-A Securities Inc Tr Trustee is the grantee the same having been sold to said grantee on the 4 day of February A.D., 2009, under and by virtue of a writ Execution issued on the 11 day of July, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1511, at the suit of Deutsche ALT-A Securities Inc Mtg Ln Trust Tr against ;0010 5(p 37 Deanna E & John T Hoffman is duly recorded as Instrument Number IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A day of , A.D. ?--o 7MA,44 /J . Ro?ca?; cs AGE c.d cow, ecorder of Deeds a4y Commission Expir4, rw Fiat ti' CarY6N, PA Monday 0 Jan. 2010 HSBC Bank USA National Association as In the Court of Common Pleas of As Trustee for the Holders of Deutsche ALT-A Cumberland County, Pennsylvania Securities Inc. Mortgage Loan Trust, Series Writ No. 2008-1511 Civil Term 2005-6 VS Deanna E. Hoffman and John T. Hoffman R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Deanna E. Hoffman and John T. Hoffinan, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. DAUPHIN COUNTY RETURN: And Now, August 29, 2008 at 0950 hours served the within Real Estate Writ, Notice of Sale and Description upon Deanna E. Hoffman and John T. Hoffman by making known unto John Hoffinan personally 22 South 4th Street, Halifax, PA 17032 its contents and at the same time handing to him a true and correct copy of the same. So answers: Jack Lotwick, Sheriff of Dauphin County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 1756 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 Deanna E. Hoffman and John T. Hoffinan, located at 401-403 Front Street, West Fairview, 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: Deanna E. Hoffinan and John T. Hoffinan, by regular mail to their last known address of 22 South 41 St, Halifax, PA 17032. These letters were mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 4, 2009 at 10:00 o'clock A.M., He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of HSBC Bank, USA, National Association, As Trustee for the Holders of Deutsche ALT-A Securities, Inc., Mortgage Loan Trust Series 2005-6. It being the highest bid and best price received for the same, HSBC Bank, USA, National Association, As Trustee for the Holders of Deutsche ALT-A Securities, Inc., Mortgage Loan Trust Series 2005-6, of 3476 Stateview Boulevard, Fort Mill, SC, 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,106.57 Sheriffs Costs: Docketing $30.00 Poundage 21.70 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 16.00 Levy 15.00 4^ A L :i..: q?? Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed So Answers: 30.00 9.00 74.50 355.00 335.45 14.92 25.00 49.50 $1,106.57 R. Thomas Kline, Sheriff BY D Real Estate Coordinator '440461 (;? 6)VPI- 010 a b10 cl, (jjt'I ? ? j 1 .766 ??. t . r -=; h} ? ?.. _. :_?+_`? HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF i DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, v. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 20054 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praec:ipe for the Writ of Execution was filed the following information concerning the real property located at ,401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 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 MERS INC. MERS INC. C/O Joseph A. Fidler HSBC Bank USA National Association Last Known Address (if address cannot be reasonably ascertained, please indicate) 4600 Regent Boulevard, Suite 200 Irving, TX 70063 Grenen & Birsic, P.C. One Gateway Center 9th Floor Pittsburgh, Pa 15222 3476 Stateview Blvd. Fort Mill, SC 29715 HSBC BANK USA, NATIONAL ASSOCIATION, ;AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. ROFFMAN JOHN T. ROFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1511-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6, 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 ,401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 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 MERS INC. MERS INC. C/O Joseph A. Fidler HSBC Bank USA National Association Last Known Address (if address cannot be reasonably ascertained, please indicate) 4600 Regent Blvd. STE 200 Irving, TX 70063 Grenen & Birsic, P.C. One Gateway Center 9th Floor Pittsburgh, Pa 15222 3476 Stateview Blvd. Fort Mill, SC 29715 4. Name and address of last recorded holder of every mortgage of record: 1 'dame Last Known Address (if address cannot be reasonably ascertained, please indicate) American Home Mortgage 520 Broadhollow Road Servicing, Inc. Melville, NY 11747 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 401403 FRONT STREET WEST FAIRVIEW, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6'h 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. July 10, 2008 DATE .el?nd' lk" DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. No. 08-1511-CIVIL TERM MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). July 10, 2008 TO: DEANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET 22 SOUTH 4TH STREET HALIFAX, PA 17032 HALIFAX, PA 17032 "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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 401403 FRONT STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,825.74 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST SERIES 2005-6 (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. 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 R 41 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, on the East side of Front Street; thence North 82 degrees 45 minutes East, 54 feet to an iron pin at the shore of the Susquehanna River; thence North 07 degrees 15 minutes West, 198.5 feet to a point marked by an iron pin; thence South 82 degrees 45 minutes West, 54 feet to a point marked by an iron pin to the East side of Front Street; thence along Front Street, South 07 degrees 15 minutes East, 198.5 feet to a point, the place of BEGINNING. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, h/w, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, nbm. and Tracey Frey Hoffman and Joseph Frey and Ruth Fry Lupfer, individually and Ruth Fry Lupfer, as administrator, dated 09129/2005, recorded 1010312005, in Deed Book 00271, page 01190. PREMISES BEING: 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044-100 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1511 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION Plaintiff (s) From DEANNA E. HOFFMAN and JOHN T. HOFFMAN (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$68,825.74 L.L.$.50 Interest FROM 06/11/2008 -12/10/2008 (PER DIEM - $11.31) - $2,069.75 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $272.96 Other Costs$2,184.75 Plaintiff Paid Date: JULY 11, 2008 Curtis . Long, Pro 0 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 40 On August 22, 2008 the Sheriff levied upon the defendant's interest in the real property situated in T p6.\ns6cr_ Cumberland County, PA Known and numbered as 401-403 Front Street, West Fairview, more fully described on Exhibit A filed with this writ and by this reference incorporated herein. Date: August 22, 2008 By: Real to Sergeant 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: October 31, November 7 and November 14, 2008 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. r Ct Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 4 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 X40 Writ No. 2008-1511 Civil HSBC BANK USA, National Association as Trustee for the Holders of Deutsche ALT-A Securities Inc. Mortgage Loan Trust, Series 2005-6 VS. Deanna E. Hoffman, John T. Hoffman Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Borough of West Fairview n/k/a East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, on the East side of Front Street; thence North 82 degrees 45 minutes East, 54 feet to an iron pin at the shore of the Susquehanna River; thence North 07 degrees 15 minutes West, 198.5 feet to a point marked by an iron pin; thence South 82 degrees 45 minutes West, 54 feet to a point marked by an iron pin to the East side of Front Street; thence along Front Street, South 07 degrees 15 minutes East, 198.5 feet to a point, the place of BEGINNING. HAVING thereon erected a double frmw dwreHzng lose knovu Md numbered as 401 and 403 Front Street, Nest Fairview, Pennsylva- nia. TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, h/w, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, nbm and Tracey Frey Hoffman and Joseph Frey and Ruth Fry Lupfer, individually and Ruth Fry Lupfer, as administrator, dated 09/29/2005, recorded 10/03/2005, in Deed Book 00271, page 01190. PREMISES BEING: 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. PARCEL NO. 45-17-1044-100. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*0t1WX(WS Now you know 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared 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: 10/29/08 11/05/08 11/12/08 ''?y':'y,yr{ )m to a scribed before me`this/25,0ay of November, 2008 A.D. Notary Public MgNWEpLTH OF PENH N??`AIVIA Notarial Seal Y:isner, Notary Public '?''?a?ixksur Dauphin County _ iY (°mrr,S,,„ E .0 ,ires Nov. y-$?1f'i7}t}Pr r3 Zs? 2? enn=yi„3n;a Ass,?oiation of Notaries Real Estate Sete No. 40 .4ritNo.2068.1511 CIVII Term ? ISSG BANK USA, National Association as Trustee for the HWders of Deutsche ALT -A Securities Inc. Mortgage Loan Trust Series 21005-6 VS Deanna E. Hoffman John T. Hoffman Attorney Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Borough of West Fairview, nik/a East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, on the East side of Front Street; thence North 82 degrees 45 minutes East, 54 feet to an iron pin at the shore of the Susquehanna River; thence North 07 degrees 15 minutes West, 198.5 feet to a point marked by an iron pin; thence South 82 degrees 45 minutes West, 54 feet to a point marked by an iron pin to the East side of Front Street; thence along Front Street, South 07 degrees 15 minutes East, 198.5 feet to a point, the place of BEGINNING. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 From Street, West Fainiew, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN John T: Hoffman and Deanne E. Hoffman, h/w, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, nbm, and Tracey Frey Hoffman and Joseph Frey and Ruth Fry Lupfer, individually and Rut Fry L.upfer, as administrator, dated 09129/2005, recorded 10!031 2005, 1 Deed Book 00271, page 01190. PREMISES BEING: 401-403 FRONT STREET. WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044- 100 wcm- it Patriot-Xtws Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriff's Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL JLC TOTAL DUE FOR THIS SALE: $ 335.45