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HomeMy WebLinkAbout08-4108GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE Mortgagors and Real Owners 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendants Term ? No. OS- V10? C Tom. CIVIL ACTION: MORTGAGE !FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.nhfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 68573FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3,10801 6th Street, Suite 130, Rancho Cucamonga, CA 91730. 2. The names and addresses of the Defendants are MATTHEW MALONE, 605 South Mountain Estate Road, Shippensburg, PA 17257, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 U.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On August 24, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ARGENT MORTGAGE COMPANY., LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1920, Page 2860. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 by assignment of Mortgage. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................................................................... Interest from 12/01/2007 through 07/31/2008 at 8.9000%..... Per Diem interest rate at $38.25 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph., Late Charges from 01/01/2008 to 07/31/2008 ................ Monthly late charge amount at $76.65 Costs of suit and Title Search .................................................. Escrow Advance ....................................................... .............. $157,539.93 ..................$7,648.55 ....$7,877.00 .......$689.85 .................. $900.00 ............................... $ 5, 521.40 Recoverable Balance ....................................................................................$242.00 Suspense ....................................................................................................... -$76.65 Fees ................................................................................................................$27.00 $180,369.08 8'. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees 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 is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 10. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit `C' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $180,369.08, together with interest at the rate of $38.25, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By GOLDBECK McCAFFE Y & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Juliet H. Calucag, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: July 3, 2008 ?E r Cm RMSID„ "LENDING, 0086275716 MATTHEW MALONE ExhibitA ' Dale: %=5 - Time: 12:27:53 pM ter 0 er Number: 000027176 e: Matthew Malone 605 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County E7CSIBIT 'A' ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 6 in the Development known as South Mountain Estates, which plan is of record in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book 22, at Page 25, said lot bounded and described as follows: BEGINNING at a point at the Southern boundary of Township Road No. T-317; thence along the Southern edge of said Township Road South eighty-nine (89) degrees twenty-seven (27) minutes fifty two (52) seconds East, one hundred (100) feet to corner of Lot No. 5; thence by Lot No. 5 South 0 degrees thirty-two (32) minutes eight (8) seconds hest, one hundred fifty (150) Feet to common corner with Lots No. 5, 14 and 13; thence by Lot No. 13 North eighty-nine (89) degrees twenty seven (27) minutes fifty-two (52) seconds west, one hundred (100) feet to corner common to Lots No, 13, 12 and 7; thence by Lot No. 7 North 0 degrees thirty-two (32) minutes eight (8) seconds East, one hundred fifty (150) feet to a point at the Southern boundary of the aforementioned Township Road, the place of BEGINNING. SUBJECT to restrictions as of record as found in Miscellaneous Book 194, Page 981. HAVING thereon erected a one story aluminum dwelling house. ? RoLuldvl Ul d BK1920PG2379 Page: 7 of 7 Orft Number 000027178 E..x.hibit B Citi Residential Lending P.O. Box 11000 Santa Ana, CA 92711-1000 #BWNKZZS April 22, 2008 aA40.004111l MATTHEW MALONE 6 1 MFlt 605 S MOUNTAIN ESTATES RD SHIPPENSBURG, PA 17257-9660 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como los propietarios de cases pueden evitar perder sus hogares debido a demoras de pagos. Para informacibn en espailol Ilame a su preslamista. STATEMENTS OF POLICY Loan Number: 0086275716 Property Address: 8055 MOUNTAIN ESTATE RD, SHIPPENSBURG PA, 17257 Original Lender: Citi Residential Lending Current Lender/Serviaer: Citi Residential Lending 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 013TAINED 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be ebb help to asvw your hn.... Thin Notice explains how, the program works. . Agency toll free at 1-BW-342-2397 (Persona with mpaired hearing can call (717) 7110-1899)` This Notice contains Important legal Information. N you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN "WvCft")%-W PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-faos meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES --fi you meet with one of the consumer credit counseling agency listed at the and of this notice, the lender may NOT take action against you for thirty (,W) dM a attar the data of this meeting. Tha names. addresses and telephone numbers of designated consumer credit counseling aancies for the county in which the pmparty is located are set forth at the and of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (80) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Vmvbcpww April 22, 2008 Loan Number: 0086275716 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOMY TO CURE YOUR MORTGAGE DEFAULT (Brine k up to dde1. NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your properly located at: 605S MOUNTAIN ESTATE RD, SHIPPENSBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 01/01 /08 thru 04/01 /08 Minimum Payments plus late charge or other fees: $7988.54 Minimum Amount to Cure Default: $7966.54 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): WA HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the dated this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7986.64 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PB ants must be made either by cash, cashier's check certified check or money order made payable and sent to: Citi Residential Lending P.O. Box 5926 Carol Stream, IL 60197-5928 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) WA IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise its rights to accelerate the mortgpge debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is rat made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action toforeclose upon your mortgaged ?, IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. It you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIFS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherifrs Sale You may do so by paying the minimum amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by ormi any other mquirernenis under the mortgage. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (e) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACTTHE LENDER: Citi Residential Lending PO Box 11000 Sente Ana, CA 92711-1000 Phone Number 800-430-5282 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE ..You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: s TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Housing Counseling Agency in your area by calling Toll-free (800) 589-4287 or TDD (800) 877-8339. Citi Residential Lending Cc: Citi Residential Lending Attn: Collections Department Loan Number: 0086275716 Mailed by 1st Cless Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 APAp OEFJ2-06 E?hifiit C Liberty Bell Agency, Inc. 701 Market Street, Mellon Independence Center - Suite 5001, Philadelphia, PA 19106 (215) 625-3660 ? FAX: (215) 625-3689 Monday, June 23, 2008 FORECLOSURE REPORT Order #: LBA-0807006 THIS SEARCH COVERS THE PERIOD TO: 06/20/2008 605 South Mountain Estate Road, Shippensburg, PA, 17257 PARCEL NUMBER(s): TAX ASSESSMENT(,): 39-36-2438-002 2008 $ OWNER OF RECORD: Matthew Malone, single by deed from David L. Moritz and Juanita A. Moritz, husband and wife Dated: 8/24/05 and recorded: 8/29/05 in Book 270 page 3243 FEDERAL LIENS: #2008-2302 4/11/08 $8,261.65 -vs- Matthew E. & Angela J. U.S. Treasury Department Malone #2008-2305 4/11/08 $4,723.52 -vs- Matthew E. Malone Sr. U.S. Treasury Department BANKRUPTCIES: None of record DELINQUENT Delinquent taxes and tax claims, if available, are shown hereafter. Possible additional tax delinquencies may TAXES: may not be readily available. Certifications need to be obtained to determine whether outstanding obligations exist MUMCIPAL LIENS: #2007-4896 8/17/07 $67.44 -vs- Matthew Malone Southampton Township 200 Airport Rd. Shippensburg,PA 17257 MORTGAGES: 1 of record $160,200.00 Matthew Malone To: Argent Mortgage Co., LLC One City Boulevard West, Orange, Ca. 92868 Dated: 8/24/05 and recorded: 8/29/05 in Book 1920 page 2860 JUDGMENTS: #2008-03132 5/19/08 $1,749.61 -vs- Matthew E. Malone Sr. Commonwealth of Penna. Bureau of Compliance #2007-06324 10/29/07 $1,379.84 -vs- Matthew E. Malone Commonwealth of Penna. Unemployment Compensation Fund MECHAMCS CLAIMS: None of record Other Claims/Liens: None of record SUPPORT LIENS: Overdue support payments become liens on all real due. Certifications may need to be obtained to determine the owned by an obligor on the priority of the lien relative eto the payment was the hen being forclosed. Pa.R.C.P. 3129 Notice should be sent to the PA Department of Public Welfare and the Cumberland Domestic Relations Office. Contact this office if mailing addresses are requested aEMARKS: None Liberty Bell Agency, Inc, certifies these search results as based upon the examination of evidence recorded in the a full payment of the price of this report, liability hereunder, in an amount not ex PProPn? public records for thane categories searched Upon for its wing port dollars, is assumed by Liberty Bell Agency, Inc. solely in its capacity as an abstracter negligence, mistakes or omissions, and only for the time period searched. This report does not constitute nstitute title htauranre, nor is it a commitment to issue title insurance. This report shad NOT be used in a real estate or loan settlement or closing, as possible additional public records may need to be searched, and additional requirements may be added to this report. Page 1 of 2 V ti ?y-- h,a C ?w ?a c.n -Ti rn C, SHERIFF'S RETURN - REGULAR CASE NO: 2008-04108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TR CO VS MALONE MATTHEW KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORT MALONE MATTHEW was served upon the DEFENDANT at 0019:25 HOURS, on the 29th day of July 2008 at 605 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257 JUDY MALONE by handing to MOTHER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.00 Affidavit .00 Surcharge 10.00 f-jo /OP(?, .00 47.00 Sworn and Subscibed to before me this day of So Answers: R. homas Kline 07/30/2008 GOLDBECK MCCAFFERTY & MCKEEVER By: D put ri f A.D. In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE (Mortgagor(s) and Record Owner(s)) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s) PRAECIPE FOR JUDGMENT No. 08-4108 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MATTHEW MALONE and THE UNITED STATES OF AMERICA by default for want of an Answer. Assess damages as follows: Debt Interest from 09/20/2008 to Date of Sale per diem at $38.25 Total (Assessment of Damages attached) $183,966.03 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AM rS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM T MP],AINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the art yapi whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least to d s the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 /// Michael T. Attorney fc I.D. #5617 AND NOW , Judgment is entered in favor of DEUTSCHE BANK NATION TRUSTCOMPANY, AS TRUSTEE, INTRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 and against MATTHEW MALONE and THE UNITED STATES OF AMERICA by default for want of an Answer and damages assessed in the sum of $183,966.03 as per the above certification. IC . OKIS dthonotary GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005- W3 Plaintiff V. MATTHEW MALONE AND UNITED STATES OF AMERICA Defendants STIPULATION Term No. 08-4108 It is hereby stipulated and agreed by and between DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), MATTHEW MALONE. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), MATTHEW MALONE. 3. The parties hereby agree that the United States of America shall, and hereby is, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seq. 68573FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 29, 2008 TO: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC,, ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. MATTHEW MALONE (Mortgagor(s) and Record Owner(s)) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA TO: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-4108 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 (10) 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 SEI 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 10 PROVIDL: YOU WI"IH INFORMAIION ABOU'l AGENCIES 1'14A1 MAY OFFER LEGAL SERVICES 10 L='LIGIBLE PERSONS At A ItEDUC;EU FEE OR NO fEt:. CUMBERLAND COIJN'TY BAR ASSOCIATION' ! I ibety Avenue ,„1;-i: n ? i In I LLG.1L SL16 WL " IT vine Roi %' Carlisle. PA 110 13 717.243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 68573FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: August 29, 2008 TO: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. MATTHEW MALONE (Mortgagor(s) and Record Owner(s)) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s) TO: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-4108 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHF.R 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 WITII INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE: A LAWYER. THIS OFFICE. MAY BE ABLE TO PROVIDE; YOU WIIH INFORMATION ABO1 JI AGENCIES 1'14A I MAY OFFER 116A. SERVK:T:S 10 L:LIG1 31.> PERSONS A I A REDUCED FEE OR NO fEE. CUMBERLAND C0I1?','TY BAR ASSOCIATION 1._iberty Avenue _LGAL. L16 W L:?, (; :'_. S 11 vi 11c Royv Carlisle. PA 1"7043 717-243-94W Michael I: McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. That the above named Defendant, MATTHEW MALONE, is about unknown years of age, that Defendant's last known residence is 605 South Mountain Estate Road Shippensburg, PA 17257, and is engaged in the unknown business located at 2. That Defendant is not in the Military or Allies, or otherwise within the provisions of the Congress of 1940 and its Amendments. address. ervice of the United States or its Sailors' Civil Relief Action of Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MATTHEW MALONE, is about unknown years of age, that Defendant's last known residence is 605 South Mountain Estate Road Shippensburg, PA 17257, and is engaged in the unknown business located at unknoiAaddress. 2. That Defendant is not in the Military or Nav4YSeg4ice of the United States or its Allies, or otherwise within the provisions of the Soldie'rs' a96 SWors' Civil Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE (Mortgagor(s) and Record owner(s)) 605 South Mountain Estate Road Shippensburg,PA 17257 THE UNITED STATES OF AMERICA Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4108 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONA/sif TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENBACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, and agfailure to file an Answer in the above action within (20) days (or sixty (60) of America) from the d ate of service of the Complaint, in the sum of $183,9 Michael T9M Attorney f ?/plainti I hereby certify that the above names are correct and at the precise residence creditor is DEUTSCHE BANK NATIONAL TRUST C ANY, AS TRUSTEE, IN' REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PAS CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, name(s) and last known address(es) of the Defendant(s) is/are MATTHEW MALON , Estate Road Shippensburg, PA 17257; ANY, AS P , ASSET- MALONE for is the United States judgment THE PC that the Mountain GOLDBECK. McC FERTY & McKEEVER BY: Michael T. Keever Attorney for Pl ntiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $157,539.93 Interest from 12/01/2007 through $11,245.50 09/19/2008 Reasonable Attorney's Fee $7,877.00 Late Charges $689.85 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $0.00 $0.00 Escrow Advance $5,521.40 Recoverable Balance $242.00 Suspense -$76.65 Fees $27.00 183,966.03 GOLDBECK CAFFER' BY: Michael X. McKeever Attorney f /Plaintiff AND NOW, this ;.a? day of &40; , 2008 damages are assessed as above. Lij-i ?Q . /P lo Prothy ©49 X- VI ? ? p Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. MATTHEW MALONE (Mortgagors and Record Owner(s)) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s) No. 08-4108 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against ou. Curt Long //??•4E,8 Prothonotary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-4108 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 09/20/2008 to Date of Sale per diem at $38.25 (Costs to be added) $183,966.03 ?Wd ?.; Q a M F- F- Z ? zn W oo? ? ?d V1 O O O W N ?iy p U U H P.1 Q E?., O ?r 00 I N 3? ^ d H W W g W d o O H ? ? ? ? W +? t e c!? c lz h ? o U ' o a N i °J ?U M w ? N I r .C G. ? O ?Q O C7 '? ?Q t $ 000 • =tQ o lp cs? Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 vs. MATTHEW MALONE (Mortgagor(s) and Record Owner(s)) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-4108 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 605 South Mountain Estate Road Shippensburg, PA 17257 1.Name and address of Owner(s) or Reputed Owner(s): MATTHEW MALONE 605 South Mountain Estate Road Shippensburg,PA 17257 2. Name and address of Defendant(s) in the judgment: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE SOUTHAMPTON TOWNSHIP 200 Airport Road Shippensburg, PA 17257 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 COMMONWEALTH OF PENNSYLVANIA UNEMPLOYMENT COMPENSATION FUND P.O. BOX 60130 HARRISBURG, PA 17106 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 605 South Mountain Estate Road Shippensburg,PA 17257 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my rs al kn wledge or information and belief. I understand that false statements herein are made subject to the pena es 18 C.S. Section 4904 relating to unsworn falsification to authorities. DATED: September 19, 2008 GOLDBECK Mc RTY & McKEEVER BY: Michael T. Bever, Esq. Attorney for PI ' tiff ° ? ?? ? a? ? t??', ??p 3'T ='- -? ; ? ??C? . ' {, ? , :??a ... '? ! Y i„ . ^ { ;??? ? Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 08-4108 I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complies Act. / IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE in this action, and provisions of the Michael T. MgK&w6- Attorney foyplaintiff r? Q ° C? ? .r "•?''". -'C]lE' 'i ' cJ? ?r-s CTT ? `? r, i ' ?,??' --C3 ? .v,;J? ? .., ,..7? i,:.i („? "'t'k ?' ?` C: ? 08-4108 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s; Term No. 08-4108 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MALONE, MATTHEW MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 Your house at 605 South Mountain Estate Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $183,966.03 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-4108 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 r 08-4108 717-243-9400 r 08-4108 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@jzoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 68573FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. V 08-4108 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s Term No. 08-4108 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 Your house at 605 South Mountain Estate Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $183,966.03 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 1 08-4108 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 08-4108 08-4108 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www hp fa org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention&goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 68573FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 084108 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in Trust for THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2205-W3, Plaintiff (s) From MATTHEW MALONE & THE UNITED STATES OF AMERICA (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 $183,966.03 L.L.$ 0.50 Interest from 9/20/08 to Date of Sale per diem at $38.25 Atty's Comm % Due Prothy $2.00 Atty Paid $166.00 Other Costs to be Added Plaintiff Paid Date: 9/23/08 15 8 ?, Pro notary (Seal) By: ?. Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 Defendant(s) 68573FC CF: 07/10/2008 SD: 03/04/2009 $183,966.03 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4108 THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ,-+ ?CKK SNM?I?1 o/ MA?tN6W ?,,,,y ?L S (01A -?/*I) Personal Service by the Sheriffs Office/competent adult (copy of return attached).-? OSA WLY ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff s Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, BY: Michael T. McKeever, Esquire Attorney for Plaintiff 0 oc N ? O?Q N ro tY F 14 LL q? O` fi ter. K C> 0 Orr 1 43 « C ?? wln ? uS Q a 1;Ise e ?? I I a i u. O R g w o O 0 cr Q Z ¢0 ZLL at W mcn > >0 j 0: ca E U t}A N <0 O ODOD = m?? LLUU w Ww m E. 63 U) z a.. w d, ( j LL a? o m g $ 0 U. dap 0-j OV r^ Zw >s Z Q ow a M o z w m LEE J ¢ 0 F z w a j ? U ° > a? a Na Pj5?? ? V ?N ?? 0 ZO L c rY Og 7 d O ° v o x ¢ c x , a O o O? N Od fnL N « 0000 jQ a j E S E m 5 ?w Er -rL ?w E w zm 0$t Cf)cli 1 00 ca UaU C 4 W . am=a O Um fa Oz Q Q w _ F- a L) na o ?W z # S? 13 yy ? Z fA LLJ Q o Ma vJ a x$uj 4 ? uu ?m wQ C) m? Z p nj cei v i6 co ti 06 O a L a 0 c F a N O a 0 0 N z LL O M O d O m C O U a c t0 E 3 U U LL CO) to cD w z O J Q Q V vi I-L N O ii Oi D O O i ? i j NN rn Qp• ? rNN? i i I OLLI ? ?g ? ? ! ri Q H N r -a j 6?C31M(y o o r y ?qi > 8 J LL a U- F Z- ?, Q W o?o? w 0 a. a o$ w g x •? tl$t 5 ?Z O ?'s?? U.. ooo? o q o In i Z 1 ? a N ? jogm U' to w. .- 10 1 c6 I1?: icd F 9 d ? S 0 0 0 n V a ? z N ? dU WO LL u Q a ? COURT OF COMMON PLEAS, CUMBERLAND COUNTY PA AFFIDAVIT OF SERVICE DEUTSCHE BANK NATIONAL TRUST CO. MATTHEW MALONE ,; (pLAIIVTIFFj VS." ... (DEFENDANT) CASE and/or DOCKET: 08-4108 I, fy/U+ rn+?''ES declare that I am a Pennsylvania State Constable and/or a Process Server, in and for the County of Bents, that I am not a party to this action, not an employee of a party to this'action; or `an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service.. Manner of Service By handing to: D DEFENDANT WAS PERSONALLY SERVED. 0 ADULT WITH WHOM THE SAID DEFENDANT RESIDES. Name . Relationship O ADULT IN CHARGE OF DEFENDANTS RESIDENCE. Name Relationship POSTED PROPERTY id&AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. Name PoArsC44 (i /46ft4Title Io,11 ?- Q MILITARY STATUS: NO / YES BRANCH COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: -MOVED UNKNOWN-NO ANSWER -VACANT _OTHER: SERVICE UPON: USA r :. ADDRESS 228 WALNUT ST. HARRISBURG PA 17108, ON. . ... _. ,- >. -.-.>,, -- ,..., -: :. .. r:?5e .,?_..:.:c rcv. a't???z;:a-?.-'-°s?.?`?.^a-., s..•w? a4:WCO'.ki.?F.`t . ' - o.. _ s? a..i?+y w{(??i^msla? ', -t # I'?1*FWa1V1?,¢np??Sa SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES / TIMES: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff VS. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-4108 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 605 South Mountain Estate Road Shippensburg, PA 17257 1.Name and address of Owner(s) or Reputed Owner(s): MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SOUTHAMPTON TOWNSHIP 200 Airport Road Shippensburg, PA 17257 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 COMMONWEALTH OF PENNSYLVANIA UNEMPLOYMENT COMPENSATION FUND P.O. BOX 60130 HARRISBURG, PA 17106 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 COMMONWEALTH OF PENNSYLVANIA Office of the Attorney General 15th Floor Strawberry Square Harrisburg, PA 17120 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 605 South Mountain Estate Road Shippensburg, PA 17257 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: February 10, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff `'j T7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f 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 ARGENT SECURTIES TRUST 2005-W3 TR is the grantee the same having been sold to said grantee on the 10 day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 23 day of SEPT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4108, at the suit of DEUTSCHE BANK NATIONAL TR CO TR against MATTHEW MALONE is duly recorded as Instrument Number 200922888. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 0, A. D. v , of Deeds F awd.u 0 Lim, Z; nbsrand County, CarGcb, PA (AV Corrw n Ex;Avc ft Fist Monday of Jan. 2010 Deutsche Bank National Trust Company In The Court of Common Pleas of As Trustee in Trust for the Registered Cumberland County, Pennsylvania Holders of Argent Securities Inc., Asset- Writ No. 2008-4108 Civil Term Backed Pass Through Certificates, Series 2005-W3 VS Matthew Malone Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2008 at 1139 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Matthew Malone, by making known unto Angela Malone, wife of Matthew Malone, at 605 South Mountain Estate Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1717 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 Matthew Malone located at 605 South Mountain Estate Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Matthew Malone, by regular mail to his last known address of 605 South Mountain Estate Road, Shippensburg, PA 17257. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of Deutsche Bank National Trust Company, as Trustee in Trust for the benefit of the Certificateholders for Argent Securities, Trust 2005-W3, Asset-Backed Pass-Through Certificates, ;Series 2005-W3 of 10801 Sixth Street, Suite 130, Rancho Cucamonga, CA 91730 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,087.04 Sheriffs Costs: Docketing $30.00 Poundage 21.31 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE MATTHEW MALONE (Mortgagor(s) and Record Owner(s)) 605 South Mountain Estate Road Shippensburg, PA 17257 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 No. 08-4108 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST: FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 605 South Mountain Estate Road Shippensburg, PA 17257 ].Name and address of Owner(s) or Reputed Owner(s): MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SOUTHAMPTON TOWNSHIP 200 Airport Road Shippensburg,PA 17257 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 COMMONWEALTH OF PENNSYLVANIA UNEMPLOYMENT COMPENSATION FUND P.O. BOX 60130 HARRISBURG, PA 17106 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 605 South Mountain Estate Road Shippensburg, PA 17257 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of m/es s al kn wledge or information and belief. I understand that false statements herein are made subject to the pena 18 C .S. Section 4904 relating to unsworn falsification to authorities. DATED: September 19, 2008 ,f f 1, GOLDBECK Me RTY & McKEEVER BY: Michael T. eever, Esq. Attorney for Pla,fntiff 08-4108 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite i 30 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s, Term No. 08-4108 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MALONE, MATTHEW MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 Your house at 605 South Mountain Estate Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $183,966.03 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-4108 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 08-4108 717-243-9400 08-4108 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention ;Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 68573FC. Para informacion en espanol puede communicarse con Loretta al 215--825-6344. 08-4108 GOLDBECK MCCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE Mortgagor(s) and Record Owner(s) 605 South Mountain Estate Road Shippensburg, PA 17257 THE UNITED STATES OF AMERICA Defendant(s', Term No. 08-4108 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Suite 220, Federal Building 228 Walnut Street Harrisburg, PA 17108 Your house at 605 South Mountain Estate Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $183,966.03 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 08-4108 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 . 08-4108 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orv,/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Horne Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionLwgolldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax.: 215-825-6418. Please reference our Attorney File Number of 68573FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 6 in. the Development known as South Mountain Estate, which plan is of record in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book 22, at Page 25, said lot bounded and described as follows: BEGINNING at a point at the Southern boundary of Township Road No. T-317; thence along the Southern edge of said Township Road South eighty-nine (89) degrees twenty- seven (27) minutes fifty two (52) seconds East, one hundred (100) feet to corner of Lot NO. 5; thence by Lot No. 5 South 0 degrees thirty-two (32) minutes eight (8,1 seconds West, one hundred fifty (150) feet to common corner with Lots No. 5, 14 and 13; thence by Lot No. 13 North eighty-nine (89) degrees twenty seven (27) minutes fifty-two (52) seconds West, one hundred (100) feet to corner common to Lots No. 13, 12 and 7; thence by Lot No. 7 North 0 degrees thirty-two (32) minutes eight (8) seconds East, one hundred fifty (150) feet to a point at the Southern boundary of the aforementioned Township Road, the place of BEGINNING. SUBJECT to restrictions as of record as found in Miscellaneous Book 194, Page 981. HAVING thereon erected a one story aluminum dwelling house. BEING KNOWN AS 605 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG PA 17257 TAX PARCEL NO: 39-36-2438-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4108 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in Trust for THE REGISTERED HOLDERS OF ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2205-W3, Plaintiff (s) From MATTHEW MALONE & THE UNITED STATES OF AMERICA (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 $183,966.03 L.L.$ 0.50 Interest from 9/20/08 to Date of Sale per diem at $38.25 Atty's Comm % Due Prothy $2.00 Atty Paid $166.00 Other Costs to be Added Plaintiff Paid Date: 9/23/08 'S r (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale #23 On November 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 605 South Mountain Estate Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 6, 2008 By: J? -f Real Estate 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: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. b? isa Marie Co WORN TO AND SUBSCRIBED before me this 13 day of February 13, 2009 Notary NO!'ARIAL SEAL DHCfeAH A CC_LiNS Notary Pu -;lic CARLISLE EOR0, CUMBERI.ANID COUNTY My Commission Expires Apr 23, 2010 REAL ESTATE SALE NO. 23 Writ No. 2008-4108 Civil Deutsche Bank National Trust Company, as Trustee in Trust for the Registered Holders of Argent Securities Inc., Asset- Backed Pass Through Certificates, Series 2005-W3 vs. Matthew Malone Atty.: Michael McKeever ALL that certain lot of land situ- ate in the Township of Southampton, County of Cumberland and Com- monwealth of Pennsylvania, being Lot No. 6 in the Development known as South Mountain Estate, which plan is of record in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book 22, at Page 25, said lot bounded and described as follows: BEGINNING at a point at the Southern boundary of Township Road No. T-317; thence along the Southern edge of said Township Road South eighty-nine (89) degrees twen- ty-seven (27) minutes fifty two (52) seconds East, one hundred (100) feet to corner of Lot NO. 5; thence by Lot No. 5 South 0 degrees thirty-two (32) minutes eight (8) seconds West, one hundred fifty (150) feet to common corner with Lots No. 5, 14 and 13; thence by Lot No. 13 North eighty- nine (89) degrees twenty seven (27) minutes fifty-two (52) seconds West, one hundred (100) feet to corner com- mon to Lots No. 13, 12 and 7; thence by Lot No. 7 North 0 degrees thirty- two (32) minutes eight (8) seconds East, one hundred fifty (150) feet to a point at the Southern boundary of the aforementioned Township Road, the place of BEGINNING. SUBJECT to restrictions as of rec- ord as found in Miscellaneous Book 194, Page 981. HAVING thereon erected a one story aluminum dwelling house. BEING KNOWN AS 605 SOUTH MOUNTAIN ESTATE ROAD, SHIP- PENSBURG PA 17257. TAX PARCEL NO: 39-36-2438- 002. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE Zhit Patriot-News Now you know 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 REAL ESTATE SALE NO. 23 Writ No. 20084108 Civil Term Deutsche Bank National Trust Company, as Trustee in Trust for the Registered Holders of Argent Securities Inc., Asset- Backed Pass Through Certificates, Series 2005-W3 VS Matthew Malone Attorney Michael McKeever LEGAL DESCRIPTION ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No.6 in the Development known as South Mountain Estate, which plan is of record in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book 22, at Page 25, said lot bounded and described as follows: BEGINNING at a point at the Southern boundary of Township Road No. T-317; thence along the Southern edge of said Township Road South eighty-nine (89) degrees twenty-seven (27) minutes fifty two (52) seconds East, one hundred (100) feet to comer of Lot NO. 5; thence by Lot No. 5 South 0 degrees thirty-two (32) minutes eight (8) seconds West, one hundred fifty (150) feet to common comer with t 1 ,:;L.MMONW'EA';..TH OF PENNSYLVANIA Sherrie L. Ki i nar, Nntary Public City Of Harrisiv:rg, Dauphin County My Commimioll u.?c sires Nov. 26, 2011 Member, Pennsylva?_; ,^,,.scciation of Notaries BEING KNOWN AS 605 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG PA 17257 TAX PARCEL NO: 39-36-2438-002 This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 02/04/09 Sworn to and /ibed before me this 25 day of February, 2009 A.D. Notary Public Lots No. 5, 14 and 13; thence by Lot No. 13 North eigbty-nine (89) degrees twenty seven (27) minutes fifty-two (52) seconds West, one hundred (100) feet to comer common to Lots No. 13, 12 and 7; thence by Lot No.7 North 0 degrees thirty-two (32) minutes eight (8) seconds East, one hundred fifty (150) feet to a point at the Southern boundary of the aforementioned Township Road, the place of BEGINNING. SUBJECT to restrictions as of record as found in Miscellaneous Book 194, Page 981. HAVING thereon erected a one story aluminum