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HomeMy WebLinkAbout08-5218GOLDBECK 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH Mortgagors and Record Owners 101 South Enola Drive Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Ob- Sold8 01V'l_Ier'Iti 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 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.phfa.org/consumers/homeowners/real.asRx. 5). Call the Plaintiff (your lender) at 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 6988917C. 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 4650 Regent Blvd, Irving, TX 75063. 2. The names and addresses of the Defendants are LESLIE SMITH, 101 South Enola Drive, Enola, PA 17025 and CINDY M. SMITH, 101 South Enola Drive, Enola, PA 17025, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On July 30, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to OPTION ONE MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1918, Page 3838. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. 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. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 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. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$47,892.70 Interest from 04/01/2008 through 08/31/2008 at 10.4000% .....................$2,088.45 Per Diem interest rate at $13.65 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$2,394.64 Late Charges from 05/01/2008 to 08/31/2008 .............................................$13 8.47 Monthly late charge amount at $34.62 Costs of suit and Title Search ...................................................................... $900.00 Escrow Advance .......................................................................................$1,019.20 Fees ..............................................................................................................$129.30 Monthly Escrow amount $145.59 $54,562.76 7. 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. 8. 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. 9. 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. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $54,562.76, together with interest at the rate of $13.65, 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 Sheriffs Sale of the Property. By: Nv&&kt - M04j?Ih GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Eric Tate as the officer of American Home Mortgage Servicing, Inc., as successor in interest to Option One Mortgage Corporation, as Attorney in Fact for 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 unsworn falsification to authorities. Date: Americ ome Mortgagg_ S_e ing, Inc., as sor in interest to Option One Mortgage Corporation, as Attorney in Fact Eric Tate Assistant Secretary 0018050963 LESLIE SMITH and CINDY M. SMITH ExhibitA EXHIBIT "A" LEGAL. DESCRIPTION r TRACT No. 1 ALL THAT CERTAIN piece or parcel of land situate in East Penasboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, North 69-3/4 degrees Nest, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point, thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the western line of South Enola Drive, North 04-degrees 30 minutes Nest, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 S. Enola Drive, Enola, Pennsylvania. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Enola, East Pennaborc Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the southwest corner of other lands now or formerly of Norman F. Shuay, Ji. and Beatrice G. Shusy; thence east and still other lands now or formerly of Norman F. Shuey, Jr.and Beatrice G. Shuay, 38 feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which No- S. Deckard, Norman F. Shuey, III, Maria B. Elias, Mark G. Shuey and Norman F. Shuay, Jr., PRINCIPAL, by his Agent,.Maria B. Ellas, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in Deed Book 265 Page 2137 granted and conveyed unto Cindy M. Smith. ExxFi6it (B 77?DO _DO m a a a a a 0 >o0 D= m 0 m=m npj'm o DJ N m ?m m o ;? L 0 m Wm m a aarn-o = rru ° C3 CL N `< 0 z D03 _ n ?rs = w 4 O = 4 - i r?s > 7 0? a m 3 r-yp ??? m J --I -V O ?? a SD ° n ? OL 0 ?v9 ?9 3. n m a 2 N N a. 'OF C. c 1) t E 1 N y > 0 0 a 1 0 0 $I? C OD m (D 0 O Nrp ? ? 9 ' 7 7 3 M J r- - 0 CD 0 " _ k w v to co - ?mco = D ° 3 N :mom Ln o = ru .n Fr _ [n ? - n- M ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM hearina can call (717) 780-1869. This Notice contains important legal information. If 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 ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE 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 PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Y?, 4 FORECLOSURE May 06, 2008 Cindy M Smith 101 S Enola Dr Enola PA 17025 Homeowners Name: Leslie Smith Property Address: 101 S Enola Dr, Enola PA 17025 Loan Account No.: 0018050963 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation 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: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * 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 OP845 (Page 1 of 9) 11, May 06, 2008 Leslie Smith 101 S Enola Dr Enola, PA 17025-2707 Homeowners Name: Leslie Smith Property Address: 101 S Enola Dr, Enola PA 17025 Loan Account No.: 0018050963 Original Lender: OPTION ONE MORTGAGE CORPORATION Current Lender/Servicer: Option One Mortgage Corporation 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: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * 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 OP010 (Page 1 of 9) RN 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-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, or you may find them by visiting the website at http://www.phfa.org/ applications/counseling agencies.aspx. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions to schedule one face-to-face meeting. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in 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. (Page 2 of 9) OPO10 026 R22 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 (60) 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. (Page 3 of 9) OP011 017 R22 Re: Loan No. 0018050963 ********************************************************************** 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 101 S Enola Dr, Enola PA 17025 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: (a) Monthly payments: 3 MONTHS @ $ 722.68 MONTHS @ $.00 $ 2168.09 (b) Previous late charges; $ 83.60 (c) Other charges; Escrow, Inspection, NSF checks $ 88.22 (d) Other provisions of the mortgage obligation, if any $ 0.00 (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 2339.86 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP012 (Page 4 of 9) HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2339.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Overnight Mail Address Western Union Quick Collect 9600 Touchton Rd E Pay to: Option One Mortgage Corporation Bldg 200 Ste 102 Code City: OptionJax, F1 Jacksonville, FL 32296 Mailstop: J1 CASH 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.) (Page 5 of 9) OP012 029 R22 tom, Re: Loan No. 0018050963 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the THIRTY (30) DAYS of the date of this Notice, the lender exercise its rights to accelerate the mortgage 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 not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 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 brings 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. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - 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 Sheriff's Sale. You may do so by paying the total 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. OP013 (Page 6 of 9) default within intends to 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 Sheriff's Sale of the mortgaged property could be held would be approximately (6) SIX Months from the date of this Notice. A notice of the actual date of the Sheriff's 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. (Page 7 of 9) OP013 021 R22 1 Re: Loan No. 0018050963 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 9600 Touchton Rd East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore Address: Jacksonville, FL 32296 Phone Number: 909-996-1730 or 1-800- 326-1500 ext.61730 Fax Number: 1-866-997-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore Office hours: Monday through F riday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 may or 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 TO: * 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. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP014 (Page 8 of 9) * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS DOES NOT IMPLY THAT OPTION ONE IS ATTEMPTING TO COLLECT MONEY FROM ANYONE WHOSE DEBT HAS BEEN DISCHARGED UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. (Page 9 of 9) OP014 039 R22 0 G l T Fri - 7 Y'JT t ..? rv ? SHERIFF'S RETURN - REGULAR a` CASE NO: 2008-05218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SMITH LESLIE ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon gMTT'T T.RfiT.TR the DEFENDANT at 1700:00 HOURS, on the 4th day of September, 2008 at 101 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to JESSICA SMITH, DAUGHTER 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 15.00 Affidavit .00 Surcharge 10.00 ?/JZID 00 43.00' Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/05/2008 GOLDBECK MCCAFFERTY MCKEEVER By. Deputy Sheriff A. D. .r?IM? law" ,rrY? tiiw SHERIFF'S RETURN - REGULAR CASE NO: 2008-05218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SMITH LESLIE ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH CINDY M the DEFENDANT , at 1700:00 HOURS, on the 4th day of September, 2008 at 101 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to JESSICA SMITH, DAUGHTER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 qI.LJDB' ? .00 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 09/05/2008 GOLDBECK MCCAFFERTY CKEEV By: eputy heriff A. D. mom .d*" .ww ' In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH (Mortgagor(s) and Record Owner(s)) 101 South Enola Drive Enola, PA 17025 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-5218 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 LESLIE SMITH and CINDY M. SMITH by default for want of an Answer. Assess damages as follows: Debt Interest from 12/04/2008 to Date of Sale per diem at $13.65 Total (Assessment of Damages attached) $56,421.11 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. McKeever Attorney for Plaintiff I.D. #56129 AND NOW &eey Judgment is entered in favor of I ? DEUTSCHE BANK NATIONAL TRUST COMPANY , AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 and against LESLIE SMITH and CINDY M. SMITH by default for want of an Answer and damages assessed in the sum of $56,421.11 as per the above certification. 11.17 onotary 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, LESLIE SMITH, is about unknown years of age, that Defendant's last known residence is 101 South Enola Drive Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: l a f3 4? ?? 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, CINDY M. SMITH, is about unknown years of age, that Defendant's last known residence is 101 South Enola Drive Enola, PA 17025, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. "? r Date: / 41"316V 69889FC 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. TO: LESLIE SMITH 101 South Enola Drive Enola, PA 17025 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005,OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH (Mortgagor(s) and Record Owner(s)) 101 South Enola Drive Enola, PA 17025 Defendant(s) TO: LESLIE SMITH 101 South Enola Drive Enola, PA 17025 DATE OF THIS NOTICE: September 25, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-5218 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH =T'N' COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT EN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITH 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 O CE 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 INFORMATIO ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. i CUMBERLAM COUNCY 2 LibetV Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 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 69889FC 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. TO: CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH (Mortgagor(s) and Record Owner(s)) 101 South Enola Drive Enola, PA 17025 Defendant(s) DATE OF THIS NOTICE: September 25, 2008 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-5218 TO: CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 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 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 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 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005- OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE LESLIE SMITH CINDY M. SMITH (Mortgagor(s) and Record owner(s)) 101 South Enola Drive Enola, PA 17025 No. 08-5218 Def6ndant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDIERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, and against LESLIE SMITH and CINDY M. SMITH for failure to file an Answer in the above actipn within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $56,421.11. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is DEUTSCHE BANK NATIONAL UST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIE HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 4650 egent Blvd Irving, TX 75063 and that the name(s) and last known address(es) of the Defendant(s) is/are LESL SMITH, 101 South Enola Drive Enola, PA 17025 and CINDY M. SMITH, 101 South Enola Drive Enola, PA 1 025; GOLDBEC MCCAFF TY & Mc ER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 04/01/2008 through 12/03/2008 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 3 X $145.59 Escrow Advance Fees $47,892.70 $3,371.55 $2,394.64 $276.95 $900.00 $436.77 $1,019.20 $129.30 $56,421.11 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this ` day of e%. '2008 damages are assessed as above. Pro rothy i? to ,?, ?? 00 o ?- m F r w r' Rule of Civil Procedure No. 236 - Revised IN TI4E COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff No. 08-5218 vs. LESLIE SMITH CINDY M. SMITH (Mortgagors and Record Owner(s)) 101 South Enola Drive Enola, PA 17025 Defendant(s) 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 you. CurtLong Prothonotary By: 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 t 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005- OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-5218 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 12/04/2008 to Date of Sale per diem at $13.65 (Costs to be added) $56,421.11 GOLDBECK McCAFFERTY & NhqCEEVER__ BY: Michael T. McKeever Attorney for Plaintiff r y U vs W '? '? ? o N N d??AWo cdN W ?',? O D ?T• O '?" A i3 s? c Q O N N m 44 0 En C'4 4) ?dHW x v O? yr .? rn U ,? ? ? 7'' ? P?+ pr, W p o ?'. G S?? o0 to oo ?? A O cW 00 O g oa v V,4 .t....._.k ? r1 all 31 t TRACT NO.I ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, North 69-3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the western line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 South Enola Drive, Enola, Pennsylvania. TAX ID# 09-15-1291-079A TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the southwest corner of other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey; thence east and still other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey, 38 feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which Norma S. Deckard, Norman F. Shuey, III, Maria B. Elias, Mark G. Shuey and Norman F. Shuey, Jr., PRINCIPAL, by his Agent, Maria B. Elias, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in Deed Book 265 page 2137 granted and conveyed unto Cindy M. Smith. TAX ID# 09-15-1291-079 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5218 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, Plaintiff (s) From LESLIE SMITH and CINDY M. SMITH (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 $56,421.11 L.L. $.50 Interest from 12/04/08 to Date of Sale per diem at $13.65 Arty's Comm % Due Prothy $2.00 Atty Paid $178.00 Other Costs to be added Plaintiff Paid Date: 12/04/08 urtis R. L g, rotho tary (Seal) By: 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 Deputy Supreme Court ID No. 56129 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-5218 CERTIFICATION AS TO TAE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Michael T. McKeever Attorney for plaintiff ?3 ^'° C? ? ?, + Q ?? '? ? ,.... Vic.. ..? Golcbeck 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH (Mortgagor(s) and Record Owner(s)) 101 South Enola Drive Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-5218 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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: 101 South Enola Drive Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): LESLIE SMITH 101 South Enola Drive Enola, PA 17025 CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: LESLIE SMITH 101 South Enola Drive Enola, PA 17025 CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 ;. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 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 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 101 South Enola Drive Enola, PA 17025 (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 unworn falsification to authorities. DATED: December 3, 2008 GOLDBECK McC FERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff a o 08-5218 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 FOR T CERTIFICATEHOLDERS OF SO VIEW HOME LOAN TRUST 2005-OPT3 ASSET- BACKED CERTIFICATES, SERIFS 2005-OPT3 4650 Regent Blvd Irving, TX 75063 vs. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 THIS LAW FIRM IS A DE: COLLECT A DEBT. THIS COLLECT A DEBT. ANY USED FOR THAT PURPO TO: SMITH, LESLIE LESLIE SMITH Plaintiff Defendant(s Term No. 08-5218 COLLECTOR AND WE ARE ATTEMPTING TO iTICE IS SENT TO YOU IN AN ATTEMPT TO FORMATION OBTAINED FROM YOU WILL BE 101 South Enola Drive Enola, PA 17025 Your house at 101 South Enola ve, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $56,421.11 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 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: 08-5218 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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). 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. sure/ 8. You may contact the Foreclosure Resource Center: hw://www.Rhiladel&afed.orgzforeclo 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 08-5218 Carlisle, PA 17013 717-243-9400 08-5218 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 717-243-4400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website ww.hud. 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 5). Call the Plaintiff (you lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our off or payoff the mortgage or request toll free number at 1-866-413-231 Call Seth at 215-825-6329 or fax requested will be mailed to the ad with that information. The attorne Department is David Fein who ca Please reference our Attorney File cc to request the amount to bring the account current, i Loan Workout / Home Retention Package. Call our or via email at homeretention(&goldbecklaw.com. 15-825-6429. The figure and/or package you tress that you request or faxed if you leave a message in charge of our firm's Homeowner Retention . be reached at 215-825-6318 or Fax: 215-825-6418. Number of 69889FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 1 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 08-5218 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR TrIE CERTIFICATEHOLDERS OF.SOUNDVIEW HOME LOAN TRUST 2005-OPT3 ASSET- BACKED CERTIFICATES, SERg 2005-OPT3 4650 Regent Blvd Irving, TX 75063 VS. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 Plaintiff Defendant(sA Term No. 08-5218 THIS LAW FIRM IS A DEB COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TO: SMITH, CINDY M. CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 Your house at 101 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriff s Sale on Wednesday, June 10, 2009, at 10:00 AM in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $56,421.11 obtained b DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEH LDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SE ES 2005-OPT3 against you. 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: 08-5218 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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 a sert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See noti a below on how to obtain an attorney). 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 We if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only i the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call th Sheriff of 717-240-6390. 4. If the amount due from the Bu r 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 a 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 h se 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 schedul 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 Ind defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hW://www.phLIadelphiafed.orglfbreclosure/ YOU SHOULD TAKE THIS PAPER T YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD O , GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 i $ EGAL SERVICES INC 8 Irvine Row 08-5218 Carlisle, PA 17013 717-243-9400 08-5218 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 hqp://www.phfa.org/consumers/homeowners/real.aWx. 5). Call the Plaintiff (your lender) at 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 1-866-413-231,1 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 69889FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 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 69889FC CF: 08/29/2008 SD: 09/02/2009 $56,421.11 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5218 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: fv? Personal Service by the Sheriffs Office/ee pel-Mt Odult (copy of return attached). 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 Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Officelcompetent 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 sub tted, BY: Michael T. McKeever, Esquire Attorney for Plaintiff 0% N. 04 Uo 8 NN 0 ? f 71 ti I ?.oo yA ? SUS a U S ?3 G ? ao GO N LL C 8 C. oO g _ m ?? TATl0Af 1r v Q a ('=. k o n C m '?yY'^\ ,i^IC? l C. yy CA ? ts$ o.? LL e?p 0 ? ?€ Q w m 5?s m ?- .. w m? m 0000 O co d W 1. 0-3 co z a. LL C-4 P 9 m Z a ? E a t2 ? ? ? S t 0-¢ ' o c°1?ws L) C14 (~A x? C 'a C4 d? 0° a 0000 2 p O Zm 2oa0 ammm O IL z? z Wa y4 he cp ru CL 44 Ulf w a ?'g?o m? - e- CV L6 ca l? CSC C a `o e Q . 0 r t p O c? D N r O ? Cr U N ca D m z 3 v U) (D W J tL °ag U CL CSC J au O ? N 8 wU 0 ?a G Sa 's $'s ao O1 W O O O O ? N Of loss elk a _ Q? 00'sr' b c 8a LL LL 0 s w g U pC 0000 0. LL aD =~ n r 10 ONZ o gz mN t r 'E 0 000 piss VoWCm s Dam ca u1 w4 ? aG a COWS l4(AtiO-r GV IM Sri I r- O N a U I t Q C N a a m 0 m a N ?p N ?C Q r? U = to ?' J co In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5218 Civil Term Deutsche Bank National Trust Home LoanTrust Vs Leslie Smith and Cindy M. Smith as Trustee for the Certificateholders of Asset Backed Certificates, Series 2005-OPT 3 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2009 at 1539 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Leslie Smith and Cindy M. Smith, by making known unto Cindy M. .110111 > , DIMMU, -MU County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1125 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 Leslie Smith and Cindy M. Smith, located at, 101 South Enola Drive, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Leslie Smith and Cindy M. Smith, by regular mail to their last known address of 101 South Enola Drive, Enola, PA 17025. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office So Answers, R. Thomas Kline, She?? By Real Estate Coordinator 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-5218 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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: 101 South Enola Drive Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): LESLIE SMITH 101 South Enola Drive Enola, PA 17025 CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: LESLIE SMITH 101 South Enola Drive Enola, PA 17025 CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: COMMONWEALTH OF PA, DEPARTMENT OF REVENUE Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 CAPITAL ONE BANK 6851 Jericho Turnpike #190 Syosset, NY 11791 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 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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 101 South Enola Drive Enola, PA 17025 (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: August 17, 2009 s GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff F LFD-OFFICE OF THE c", - 0 'OTARY 2009 AUG 19 PM 1: 44 CUIM U' J y r'w 1 ,ti 1;;7?i??Vr'i FILFC)??;F r E TNT r Ft r `'1 I ? 1'1I C?:'?? af In the Court of Common Pleas of Cumberland County, Pennsylvania 2T H SEP -4 Pe Writ No. 2008-5218 Civil Term ;y Deutsche Bank National Trust Company, as Trustee for the Certificate1f61der`s or Soundview Home Loan Trust 2005-OPT3, Asset Backed Certificates, Series 2005-OPT 3 Vs Leslie Smith and Cindy M. Smith Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2009 at 1539 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Leslie Smith and Cindy M. Smith, by making known unto Cindy M. Smith, personally and as Adult in charge, at, 101 South Enola Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1125 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 Leslie Smith and Cindy M. Smith, located at, 101 South Enola Drive, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Leslie Smith and Cindy M. Smith, by regular mail to their last known address of 101 South Enola Drive, Enola, PA 17025. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael Mckeever dated August 26, 2009. Sheriff s Costs: Docketing 30.00 Poundage 22.33 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Milage 27.00 Levy 30.00 Surcharge 40.00 Law Journal 479.00 Post Pone Sale Patriot News Share of Bills So Answers, R. Thomas Kline, Sheriff v BY o Real Estate Coordinator 40.00 392.63 15.43 1,138.89 IV.) UD 60 1, Goldbeck McCafferty & Mckmvei 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Regent Blvd Irving, TX 75063 nlt; IT vs. I I CI ll; C? f('I II CINDY M. SMI11T (Mortgagor(s) and Record Ovv'ner(s)) 101 South Enola Drive Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORFCT,OSLIRF No. 08-5218 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCIE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW [TOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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: 101 South Enola Drive Enola, PA 170`5 1.Name and address of Owner(s) or Reputed Owner(s): LESLIE SMITH 101 South Enola Drive Enola, PA 17025 CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: LESLIE SMITH 101 South Enola Drive Enola, PA 17025 CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 J 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 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 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 ether person of whom the plaintiff has knottiledge,tho has auy may be affected by the sale iiitere>t III tier property which . TENANTS'OCCUPANTS 101 South Enola Drive Fnela. P 1 l "7n? s (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 IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Oecemher 3, ?(?08 G% - - GOLDBECK McCAFFERI d MCKLEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Y 08-5218 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 ReLent Blvd lr?tng, IA iJUb-) vs. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record O,vvner(s) 101 South Enola Drive Enola, PA 17025 Defendant(s,' 'T'erm No. 08-?,2IS THIS LAW FIR11 IS A DEBTCOLLECTOR AND NVE: ARE ATTEMPTING TO COLLECT -1 DEIST. "THIS NOTICE IS SENT TO YOU IN :?N ATTI' TT T .i (? COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, LESLIE LESLIE SMITH 101 South Enola Drive Enola, PA 17025 Your house at 101 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $56,421.11 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS ,TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 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 1CTI0??? O1,'?,?CR?1'ri:',(i? F(?RF?CL t??[JR1 To prevent this Sheriffs Sale you must take immediate action: 08-5218 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATE IOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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). EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. -11 o, ,Io!U w uic iugiresi urddu. , uu dray turd out the price bid price by calling the Shcril-f of 1 ;'-244-ir 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 onh, if the bu,cr pays the Sheriff the full amount due in the sale. To find 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 raid for your house. A schedule of ciir;uibution of tine money bid I01- your house ?k ill be tiled by the Shcritf within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receivin<_> 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. 8. You may contact the Foreclosure Resource Center: http,INk ww.pliiladelphiafed.or-(foreclosure, 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 08-5218 Carlisle, PA 17013 717-243-9400 08-5218 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. Loss of Their Homes. 4). PennsvIvania Holigip« Fi,nono?r' A (-n(-?, ?lcn orft,rc 00-1- may assist nomcowners in default. t'lease See the PH A website h?://www_.1hfa.or(,,/c(inuumers/liomeowners're,il.asl)x. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the a1`110unt to bring the account current, or payoff the mortgage or request a Loan Workout ' Home Retention Package. Call our 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 finn'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 69889FC. Para information en c?pano?] ??ualc communic?ir??c con 1.orctt?i al TRACT NO.1 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, North 69-3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the western line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 South Enola TAX ID# 09-I 5- i 291-079A TRACT NO.2 ALL THAT CF.RTAIN lot oi- hirce of,-'round ?itu?ltc III I:nOl:t. 1=al-4 I'cnnsh(m) Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the southwest corner of other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey; thence east and still other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey, 38 feet to a point at land now or late of Dora Kohn: thence south along line of land ncm or late of Dora Kohn, 50 feet to land now o1- late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles 'i'okc; thence cast along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which Nonna S. Deckard, Norman F. Shuey, 111, Maria B. Elias, Mark G. Shuey and Nonnan F. Shuey, Jr., PRINCIPAL, by his Agent, Maria B. Elias, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in Deed Book 265 page 2137 granted and conveyed unto Cindy M. Smith. TAX ID# 09-15-1291-079 08-5218 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney 1.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 FOR THE CERTIFICATEHOLDERS OF_SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005-OPT3 4650 Recent Blvd IN THE COURT OF COMMON PLEAS vs. LESLIE SMITH CINDY M. SMITH Mortgagor(s) and Record Owner(s) 101 South Enola Drive Enola, PA 17025 Defendant(s) of Cumberland County L-1VIL Al,1101,4 -LAW ACTION OF MORTGAGE FORECI.OST 1R1 Term No. IS THIS LAW FIR1INI IS A DEBT COLLECTOR ALN'D kkE ARE AT1'EkH'7ING "TO COI,I.ECT :N DEB'!'. THIS NOTICE IS SENT TO YOi' IN :kN :kTTFM1"1' TO COLLECT A DEBT. ANY INFOICNIATION OBTAINED FROM YOU WILL BE t'SED FOR'I'HAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, CINDY M. CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 Your house at 101 South Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $56,421.11 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: r 08-5218 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, 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). EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. ?,....... o .,u.. - iwi ow?yw, your ?io?city wlll 6c,,uki to ale lughr-st 61Cidcr. You inay L1nQ 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, wu may call the Shcriff of 717-240-0 390. 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. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orv-/foreclosure/ 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 08-5218 Carlisle, PA 17013 717-243-9400 r7 08-5218 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. G Tr ... r 1 1\ N7:cit T-TT Tn'C l t,. ......... 1... 1 _ .. C... TT 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 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 1-866-413-231 1 or l is eruail at homcretention((Lgoldbeckla??!.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 69889FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. TRACT NO.1 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, North 69-3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the western line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 South Enola TAX ID# 09-15-1291-079A TRACT NO.2 ALL THAT CERTAIN? lot or piece of ground situate in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the southwest corner of other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey; thence east and still other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey, 38 feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which Norma S. Deckard, Norman F. Shuey, III, Maria B. Elias, Mark G. Shuey and Norman F. Shuey, Jr., PRINCIPAL, by his Agent, Maria B. Elias, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in Deed Book 265 page 2137 granted and conveyed unto Cindy M. Smith. TAX ID# 09-15-1291-079 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5218 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005- OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3, Plaintiff (s) From LESLIE SMITH and CINDY M. SMITH (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 $56,421.11 L.L. $.50 Interest from 12/04/08 to Date of Sale per diem at $13.65 Atty's Comm % Due Prothy $2.00 Atty Paid $178.00 Other Costs to be added Plaintiff Paid Date: 12/04/08 4-12 e ?2 Curtis R ng, rotho otary (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 # 05 On January 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 101 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 15, 2009 By: Oatkofre-- :b elk 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: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 5 Writ No. 2008-5218 Civil Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2005-OPT3, Asset Backed Certificates, Series 2005-OPT3 VS. Leslie Smith and Cindy M. Smith Atty.: Michael T. McKeever TRACT NO.1 ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point in the southwest corner of the intersec- tion of South Enola Drive and State Road; thence along the southern side of said State Road, North 69- 3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said pro- posed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the west- ern line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 South Enola Drive, Enola, Pennsyl- vania. TAX ID# 09-15-1291-079A. TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the south- west corner of other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey; thence east and still other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey, 38 feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which Norma S. Deckard, Norman F. Shuey, III, Maria B. Elias, Mark G. Shuey and Norman F. Shuey, Jr., PRINCI- PAL, by his Agent, Maria B. Elias, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in Deed Book 265 page 2137 granted and conveyed unto Cindy M. Smith. TAX ID# 09-15-1291-079. v "The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Pahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 .... Sworn Jnda? d before m thW'.12 a of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shane L Kisner, Notary Public City Of Harrisburg, Dauphin County My Conmwssion Eylms Nov. 26,2M1 Member, Pennsylvania Assodation o/ Notarbs Real Estate Sale No. 05 Writ No. 2008-5218 Civil Term Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2005-OPT3, Asset Backed Certificates, Series 2005-OPT 3 VS Leslie Smith and Cindy M. Smith Attorney Michael T. Mckeever LEGAL DESCRIPTION TRACT N0.1 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, North 69-314 degrees West, 142-112 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of south Enola Drive; thence along the western line of South Enola Drive, Nort1104 degrees 30 minutes West, 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling house known as 101 South Enola Drive, Enola, Pennsylvania TAX ID# 09-15-1291-079A TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a pin at the southwest comer of other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey; thence east and still other lands now or formerly of Norman F. Shuey, Jr. and Beatrice G. Shuey, 38 feet to a paint at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the state Road, 20 feet, more or less, to a point on the east side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BEGINNING. BEING the same premises which Norma S. Deckard, Norman F. Shuey, III, Maria B. Elias. Mark G. Shuey and Norman F. Shuey, Jr., PRINCIPAL, by his Agent, Maria B. Elias, by deed dated September 27, 2004 and recorded September 28, 2004 in Cumberland County in Deed Book 265 page 2137 granted and conveyed unto Cindy M. Smith. TAX ID# 09-15-1291-079 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 FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005- OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff vs. LESLIE SMITH CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-5218 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. MY ti_ ? MICHAEL T. MCKEEVER, ESQUIRE .;? 4 LE OF THE ,??; . ,'-, ti!OTAP,Y 2009 0C € -8 AM 11: O2 CUV.?? _ ;;QTY 1)4. 0-7U-f M - Mc ek- 31"?qF /L ?3/ 4o7 GOLDBECK WCAFFERTY & McKEEVER ATTORNEY FOR PLAINTIFF BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET- BACKED CERTIFICATES, SERIES 2005- OPT3 4650 Regent Blvd Irving, TX 75063 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-5218 LESLIE SMITH CINDY M. SMITH 101 South Enola Drive Enola, PA 17025 Defendants PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. Michael T. McKeever, Esquire Attorney for Plaintiff ii,"?NOTARY OF THE MCIT 2009 OCT -8 AM i 1: 02