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Home My WebLink About08-7293'? GDLDBECK 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 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagors and Record Owners 1711 Letchworth Road Camp Hill, PA 17011 Defendants Term V/ No. - 7,743 CIVIL ACTION: MORTGAGE F0RF-r`1_0S1,1RF NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hlW://www.phfa.org/consumers/homeowners/real.amx. 5). Call the Plaintiff (your lender) at 888-325-3502 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: hLtp://www.philadclphiafed.orp-/foreclosurc/ 7). 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(d?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 73848FC. 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, 4708 Mercantile Drive North, Fort Worth, TX 76137. 2. The names and addresses of the Defendants are HEIDI M. SMITH, 1711 Letchworth Road, Camp Hill, PA 17011 and JASON M. SMITH, 1711 Letchworth Road, Camp Hill, PA 17011, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On May 04, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR FIRST NLC FINANCIAL SERVICES LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1906, Page 1676. The mortgage has been assigned to: DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 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 December 01, 2007 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 ..................................................................................$151,678.64 Interest from 11/01/2007 through 12/31/2008 at 7.9900% ..................... $14,176.40 Per Diem interest rate at $33.20 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ......... Late Charges from 12/01/2007 to 12/31/2008 ................................ Monthly late charge amount at $56.81 Costs of suit and Title Search ......................................................... Fees .............................................................................................. Escrow Advance ................................ Monthly Escrow amount $230.02 .........$7,583.93 ............$753.97 ........... $900.00 ...........$747.50 ........$3,698.14 $179,538.58 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. Plaintiff is not seeking a judgment of personal liability (or an "in person am" 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 terns judgment in mortgage foreclosure in the sum of $179,538.58, together with interest at the rate of $33.20, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: GIOLDBECK WCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: IZ' ?2- C?6N r/ M' ael T. McKeever, Esquire 115A I.D. #56129 EythibitA Date: 502005 a 0 Time: 12:12:47 PM order Number: 000026099 Re: Jason Smith Heidi N. Smith EXHIBIT 'A' 1711 LETCHWORTH'-ROAD CAMP HILL, PA 17011 CUMBERLAND County ALL THAT CERTAIN lot or piece of ground situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern line of Letchworth Road, 135 feet east of the southeast corner of the intersection of Letchworth Road and South 18th Street, also being at the diving line between Lots Nos. 18 and 17, Block E, on hereinafter mentioned Plan of Lots; thence eastwardly along the southern line of Letchworth Road, 55 feet to a point at the dividing line between Lots Nos. 16 and 11, Block E, on said Plan; thence southwardly along said dividing line and at right angles to Letchworth Road, 125 feet to a point at the dividing line between Lots Nos. 3 and 11, Block E, on said Plan; thence Westwardly along same and along in dividing line between Lots Nos. 11 and 18, Block E, on said Plan; thence northwardly along same, 125 feet to a point, the place of BEGINNING. BEING Lot No. 15, Block E, on Plan of Lots known as Highland Park, said Plan being recorded in Plan Book 3, Page 20, Cumberland County Records. HAVING THEREON ERECTED a two-story brick and frame dwelling house known as 1711 Letchworth Road, Camp Hill, Pennsylvania. Page: 6 of 6 Order Number 000026099 Ey,Fi6it B ACT 91 NOTICE DATE OF NOTICE: 10/16/2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: 10/16/2008 Homeowners Name: JASON SMITH and HEIDI M. SMITH Property Address: 1711 Letchworth Road, Camp Hill, PA 17011 Loan Account No.: 2000134111 Original Lender: SAXON MORTGAGE SERVICES INC. Current Lender/Servicer: SAXON MORTGAGE SERVICES INC. HOMEOWNERS' 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 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. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in 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 fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (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. 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: 1711 Letchworth Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: 3 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 12/01/2007 thru 10/16/2008 (I I mos. at $1,349.31/month) $14,842.41 (b) Late charges from 12/01/2007 thrul0/16/2008 (11 mos. at $56.81/month) $624.91 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $15,467.32 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 $15,467.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: SAXON MORTGAGE SERVICES INC. 4708 Mercantile Drive North Fort Worth, TX 76137 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the 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 Sheriffs Sale. You m y 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SAXON MORTGAGE SERVICES INC. Address: 4708 Mercantile Drive North Fort Worth, TX 76137 Phone Number: 888-325-3502 Contact Person: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may 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 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN 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. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Department Phone Number: 888-325-3502 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 no d c .. ?" . ` s W lIy SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07293 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY A VS SMITH HEIDI M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH JASON M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 1711 LETCHWORTH ROAD SMITH JASON M NOT FOUND , as to CAMP HILL, PA 17011 CURRENT RESIDENT, HEIDI SMITH, STATES DEFT DOES NOT RESIDE AT ABOVE ADDRESS. POST OFFICE DOES NOT HAVE A FORWARDING ADDRESS Sheriff's Costs: So answersr,,??-? Docketing 6.00 Service .00 '. ?. n - - -------- Not Found Return 5.00 R. Th ffas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY & MCKEEVER 01/09/2009 Sworn and Subscribed to before me this _ day of A.D. ?- =? .? N r Q C.:"? G') N SHERIFF'S RETURN - REGULAR CASE NO: 2008-07293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY A VS SMITH HEIDI M CPL. TIMOTHY REITZ , 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 HEIDI M the DEFENDANT at 1900:00 HOURS, on the 5th day of January , 2009 at 1711 LETCHWORTH ROAD CAMP HILL, PA 17011 HEIDI M. SMITH by handing to 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 12.60 Postage .42 Surcharge 10.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/09/2009 GOLDBECK MCCAFFERTY & MCKEEVER -- ?? By: 17 Dep ty She ff A.D. c Cot ?; c? r t r rw,r CV r v 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. HEIDI M. SMITH JASON M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) Term No. 2008-7293 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: ?'--- GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF Q ?1J ?? t ll? ? GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005- HE3 4708 Mercantile Drive North Fort Worth, TX 76137 vs. HEIDI M. SMITH and JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 2008-7293 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiff's Complaint filed on December 15, 2008 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: \J??(1 PQ?CIe-tl? Michael T. McKeever Attorney for Plaintiff ~ . ~ GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005- HE3 4708 Mercantile Drive North Fort Worth, TX 76137 vs. HEIDI M. SMITH and JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 2008-7293 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification to Plaintiff's Complaint was served on Defendant(s) via first class mail on February 18, 2009 as follows: HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 SMITH, JASON M. 2400 Lewisberry Road York Haven, PA 17370 GOLDBECK McCAFFERTY & McKEEVER ''"\xCVW yk1--'X'001 uJo Michael T. McKeever Attorney for Plaintiff W VERIFICATION I, t%V0L* , as the representative of the Plaintiff corporation ?'bak , 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: 2461 1.? CK* C+V lv5 Senior Manager #73848FC HEIDI M. SMITH and JASON M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 4J G' a `-l C7l 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IRIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. HEIDI M. SMITH JASON M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) Term No. 2008-7293 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: D _ ?0 / 40? GOLDBECK McCAFFERTY & McKEEVER MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF D c ll?) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY A VS SMITH HEIDI M R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SMITH JASON M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 6th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answ - Docketing 18.00 Out of County 9.00 Surcharge 10.00 R: Thomas Kline York Co. 48.70 Sheriff of Cumberland County .00 85.70 03/09/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and subscribe to before me this day of A. D. crs C S - ,iC; c C\j wcc E? Lt- ri- z i Cv rr ? V Sheriffs Office of Cumberland County R Thomas Kline ???o>t+ of 4r11+nbrrt??1s# Edward L Schorpp Sheri Solicitor 1. Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/13/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jason M. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/18/2009 Lebanon County Return: And now March 18, 2009 I, Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jason M. Smith by making known unto himself personally, defendant at 426 West Maple Street Palymra, PA 17078 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 April 03, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2008-7293 DEUTSCHE BANK TRUST CO. VS JASON M. SMITH i 1LE 4w , t C,E OF Pic" PP-, F -. 1.OTARY 2039 AF's; -6 Nh 3• 7 In the Court of Common Pleas of Cumberland County DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT No. 2008-7293 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 HEIDI M. SMITH and JASON M. SMITH by default for want of an Answer. Assess damages as follows: Debt Interest from 4/21/09 to Date of Sale per diem at $33.20 Total (Assessment of Damages attached) $184,322.46 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 April pt/ , 02009 , Judgment is entered in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 and against HEIDI M. SMITH and JASON M. SMITH by default for want of an Answer and dama*es assessed in the sum of $184,322.46 as per theAove certification Pro notary 73848FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: Apri18, 2009 TO: JASON M. SMITH SMITH, JASON M. 2400 Lewisbeny Road York Haven, PA 17370 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) TO: JASON M. SMITH 2400 Lewisberry Road York Haven, PA 17370 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 2008-7293 IPVIPORTA- 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 L'beq 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 73848FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 8, 2009 TO: JASON M. SMITH SMITH, JASON M. 426 West Maple Street Palmyra, PA 17078 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) TO: JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 2008-7293 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 73848FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: Apri18, 2009 TO: HEIDI M. SMITH SMITH, HEIDI M. 1711 Letchworth Road Camp Hill, PA 17011 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 TO: HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 2008-7293 EMPORTANT 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 73848FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 8, 2009 TO: JASON M. SMITH SMITH, JASON M. 1711 Letchworth Road Camp Hill, PA 17011 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) TO: JASON M. SMITH 1711 Letchworth Road In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 2008-7293 Camp Hill, PA 17011 IWORTANT 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 & McYEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, HEIDI M. SMITH, is about unknown years of age, that Defendant's last known residence is 1711 Letchworth Road Camp Hill, PA 17011, 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: 410[0 q 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, JASON M. SMITH, is about unknown years of age, that Defendant's last known residence is 426 West Maple Street Palmyra, PA 17078, 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. 41Zati? Date. ` IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JASON M SMITH HEIDI M SMITH Chapter: 13 Debtor(s) CHARLES DEHART, ESQ Movant(s) vs. JASON M SMITH HEIDI M SMITH Respondent(s) Case Number: 1-07-00429MDF ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. By tLt Com-t, 71 lg?? Jv (30K) This document is *14ctronteally signed and,i+ W on the same date. Dated: April 9, 2009 MDPA-Dismiss Case.WPT - REV 03/09 Case 1:07-bk-00429-MDF Doc 72 Filed 04/09/09 Entered 04/09/09 10:51:01 Desc Main Document Page 1 of 1 Sheriffs Office of Cumberland County R Thomas Kline 4e?s1* d C4t4 ,1% Edward L SdxM murr - Solicitor Ronny R Anderson "'? . Jody S Smith Cbisf Depidy Or 5F dn r GREW Civil Protean Sewam SHERIFF'S RETURN OF SERVICE 03113!2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a dillgermt search and inquiry for the within named defo?dant, to wit: Jason M. Smith, but was unable to locate him in his baiBwkk He therefore deputized the Sheriff of Lebanon County, PA to serve the within Complaint in Motgage Foreclosure according to law. 03118/2009 Lebanon County Return: And now March 18, 2009 I, Michael J_ DeLeo, Shw* of Lebanon County, Pennsylvania, do herby ow* and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jason M. Smith by nuking known unto hhmraelf personally, defendant at 426 West Maple Street Palymra, PA 17078 Its contents and at the son time handing to him personally the said true and corred copy of the same. SHERIFF COST: $37.00 April 03, 2009 80 AWWERS, R THOMAS KLINE, SHERIFF 2008-7293 DEUTSCHE BANK TRUST CO. vs JASON M. SMITH REINSTATED MORTGAGE FORECLOSURE No. 2008-7293 Return To: Cumberland County Deutsche Bank Trust Company Americas Formerly Known As Banker's Tract Company, As Trustee And Custodian For IRIS 2005-HE3 Goldbeck McCafferty & McKeever Joseph A. Goldbeck, Jr., Esquire Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (866) 413-2311 VS. Jason M. Smith Docket Page 29352 STATE OF PENNSYLVANIA } COUNTY OF LEBANON ) SS: John Singletary, Deputy Shenf? being duly sworn according to law, deposes and says that he served the within REINSTATED MORTGAGE FORECLOSURE upon JASON M. SMITH the within named DEFENDANT, by handing a true and attested copy thereof pet-sonally to the DEFENDANT on March 18, 2009 at 11:43 A.M., at 426 West Maple St ut, Palmyra (Palmyra Borough), Lebanon County, Pennsylvania, and by making known to the DEFENDANT the contents of the same. Sworn to and subscribed before me SO ANSWERS, This 27a' day of March, 2009 Notary Public -'';5'? it DEPUTY SHERIFF DY L ZV MiZRMAK N&W7 L efte Cvy' LAW" CnW Cosw 1WW fires Fr L 2S SHERIFF SFIER*F'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 03/17!2009 Chock No. 372544 Amount S 100.00 Costs Incurred. Amount S 65.25 Amount of Refund: Check No. Amount S 34.75 All Sheriffs Costs shall be due and payable when satvices are performed, and it shall be lawful for him to demand and receive from the party instituft the proceedings, or any party liable for the costs thereof, all unpaid shedIrs fees on the same before he shall be obligated by law to make return dwoo£ Sec. 2, Act of June 20, 1911, P.L.1072 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY A VS SMITH HEIDI M CPL. TIMOTHY REITZ 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 HEIDI M the DEFENDANT , at 1900:00 HOURS, on the 5th day of January , 2009 at 1711 LETCHWORTH ROAD CAMP HILL, PA 17011 HEIDI M. SMITH by handing to 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: So Answers: Docketing 1.0 ? . ? Service 122.660 {/ Postage .42 Surcharge 10.00 R. Thomas Kline .00 41.02 01/09/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By: before me this day Dep ty She ff of A.D. 7- 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 2008-7293 ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, and against HEIDI M. SMITH and JASON M. SMITH for failure to file an Answer in the above action 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 $184,322.46. 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IRIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 and that the name(s) and last known address(es) of the Defendant(s) is/are HEIDI M. SMITH, 1711 Letchworth Road Camp Hill, PA 17011 and JASON M. SMITH, 426 West Maple Street Palmyra, PA 17078; GOLDBECK McCAFFERTY & McKEEVER 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 $151,678.64 Interest from 11/01/2007 through $17,828.40 04/20/2009 Reasonable Attorney's Fee $7,$83.93 Late Charges Costs of Suit and Title Search Escrow Payments Due 4 X $230.02 Fees Escrow Advance $965.77 $900.00 $920.08 $747.50 $3,698.14 $184,322.46 AND NOW, this al Af day of Apri I GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff , 2009 damages are assessed as above. - ?I' ?z d? Pr rothy FILETU or P X: ; ." 7, qy 2E JJ 17 R I [i B I I: 5 414•00 Pp 4T rl CK.`11' 3fl87 33 pj* ougzy Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff No. 2008-7293 vs. HEIDI M. SMITH JASON M. SMITH (Mortgagors and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 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 ter ha eY ed against you. ng Pro ono By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 i r i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 A 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) No. 2008-7293 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due interest from 4/21/09 to Date of Sale per diem at $33.20 (Costs to be added) $184,322.46 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ?4. 0 60 0 0 00 n o. ,.4y.. 40 v d ? 13a 0 E. (j p"'xn E' v y'? i ?n yC '? -o r W w O U HN? HQU ?'??, aa?,U x t U 0 A ?d w y 7 U O L" N N .o V N r+ ? N O ? ? r a .o N 0 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 2008-7293 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, 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: 1711 Letchworth Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 2. Name and address of Defendant(s) in the judgment: HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: r t CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square ROOM 302 Carlisle, PA 17013 LVNV FUNDING, LLC 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 KENNETH WEARY C/O LISA MAUER ESQ. GRAHAM & MAUER PC, STE 7 PO BOX 987 VALLEY FORGE, PA 19482 MARJORIE WEARY C/O LISA MAUER ESQ. GRAHAM & MAUER C, STE 7 PO BOX 987 VALLEY FORGE, PA 19482 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. (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: Anri120, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Z0?Pi9 FI'? 21 r. i`1 I I : 5 9 ITV 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 2008-7293 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. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Michael T. McKeever Attorney for plaintiff F ; OARY 2g9 APR 21b 11 59 _ ?? w 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 2008-7293 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s' Term No. 2008-7293 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, HEIDI M. HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 Your house at 1711 Letchworth Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $184,322.46 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 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: 4% 2008-7293 1. The sale will be cancelled if you pay to DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd 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. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org,/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 Carlisle, PA 17013 2008-7293 717-243-9400 h 2008-7293 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 hgp://www.phfa.org?consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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(a-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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 73848FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 2008-7293 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER' TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IRIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s`, Term No. 2008-7293 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMrrH, JASON M. JASON M. SMITH 1711 LETCHWORTH ROAD CAMP HILL, PA 17011 Your house at 1711 Letchworth Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $184,322.46 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 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: 2008-7293 1. The sale will be cancelled if you pay to DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r 2008-7293 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. hu fa.org/consumers/homeowners/real asRx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 homeretentionCajaoldbecklaw.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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 73848FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 2008-7293 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff Plaintiff vs. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 2008-7293 Defendant(s; THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WELL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, JASON M. JASON M. SMITH 2400 Lewisberry Road York Haven, PA 17370 Your house at 1711 Letchworth Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $184,322.46 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 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: f 2008-7293 1. The sale will be cancelled if you pay to DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 P 2008-7293 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: htip://www.phfa.orp-/consumers/homeowners/real.gMx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 73848FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 2008-7293 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s; Term No. 2008-7293 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, JASON M. JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 Your house at 1711 Letchworth Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $184,322.46 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 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. 2008-7293 1. The sale will be cancelled if, you pay to DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hm://www.philadelphiafed.oWg 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 Carlisle, PA 17013 2008-7293 717-243-9400 r' 2008-7293 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 hLtp://www.Dhfa.oriz/conswners/homeowners/real.asvx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 homeretentionna?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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 73848FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7293 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, f/k/a BANKER'S TRUST COMPANY, as Trustee and Custodian for IRIS 2005-HE3, Plaintiff (s) From HEIDI M. SMITH and JASON 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 $184,322.46 L.L. $.50 Interest from 4/21/09 to Date of Sale per diem at $33.20 Atty's Comm % Due Prothy $2.00 Atty Paid $323.72 Plaintiff Paid Date: 4/21/09 (Seal) Other Costs is R4L, otho tary By: REQUESTING PARTY: Name: MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUTIE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy t 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) No. 2008-7293 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly file of record the Praecipe of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005-HE3 for Voluntary Substitution under Pa.R.C.P. 2352 and attached Statement of Material Facts in S port of Voluntary Substitution, Verification, Certification of Service. The address for the Plaintiff is 4708 Mercantile Drive ]Aorth, Fort Worth, TX 76137. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE T. MCKEEVER, } t 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 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW No. 2008-7293 Defendant(s) STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER Pa.R.C.P. 2352 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005-HE3, by counsel, hereby voluntarily substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows: The above-captioned action is one in mortgage foreclosure regarding the premises as noted in the caption. 2. The subject of the above-captioned action is a first mortgage on said premises recorded at Mortgage Book 1906, Page 1676 in the Office of the Recorder of Deeds for this County. 3. The original Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3. 4. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005-HE3 is the successor in interest to the Plaintiff by Assignment lodged for recording in the Office of the Department of Records and is hereby voluntarily substituted as Plaintiff in the above- captioned matter. AAERespt?l y sub 'tted L T. MCKEEVER, ES UIRE 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH (Mortgagor(s) and Record Owner(s)) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) CERTIFICATE OF SERVICE Term No. 2008-7293 Michael T. McKeever, Esquire, hereby certifies that he did serve true and correct copies of Praecipe for Voluntary Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on May 12, 2009. HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 JASON M. SMITH 2400 Lewisberry Road York Haven, PA 17370 JASON M. SMITH 1711 LETCHWORTH ROAD CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE FILED, ?c OF TH" Fl= r . r ? f;a ? ;RY 2404 MAY 13 PH ! : 07 iA pd??o? ?1 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 73848FC CF: 12/15/2008 SD: 09/02/2009 $184,322.46 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TURST 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 2008-7293 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/competent adult (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 Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully su tted, -yt,1 r- A?_- ?..,- BY: Michael T. McKeever, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVII. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ?- ~ W CV r-_ LOLL U ? M T Q m U lm v in ^o p a = m - . - --- SLp. w.. --------- . ..-- ----.. .. - ---- - _ ... - -- ------- milt] x sw! O a ZJ= w?U CO co o z W L) m o LL $ ? a o m co w`f d U U ag E LL -j ---- ! Q N FW.' CND O m 1 W tIo ? ! Z 3 a U LL 41, 0 J 07 oW rl? z ova ?? 0 3:<2 w WMOtSOO U CQ ?? O Q `: NQ Zv_ ?? ! o p USA WE sic= W?Q?}} ' ??}} (F a W ?' c0i?$c? Yao> Mi33o> gvCL a ?=di i i to WJ a m o FF : N? F- _ w 9L MOM 1r m2w:E `b I p- o. z0?i cd d L6 cd V' Mtid? 06 E z p c as a N m Cr4a V 8 0 O O m M r N ?s O j N U ? a o z D N Q E o U yti ? chi U LL L o a ti = a a a a T y U y O m w C a- a16 fC3 CS ta Czap s 0000 ? Z ? 3 a 0 ?o c m .? Uo W ?U 00 ?C?-' 3 om W oa. !Lj Wpm AS 0 aE' E 00 0 r N ? AZ V iy 0. O a ` o c a a a cr, 0 m o. ? N x z N ? ? ? U O otS LL co flp p? a U It ti Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE DEUTSCHE BANK NATIONAL TRUST CO. HEIDI M. SMITH JASON M. SMITH Plaintiff (Petitioner) VS. Defendant (Respondent) CASE and/or DOCKET: 2008-7293 SHERIFF'S SALE DATE: 9/2/09 1, kVan S declare that I am a Pennsylvania State Constable and/or Process Server, in and for the County of Berks, Ifiat I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: JASON M. SMITH ADDRESS: 426 WEST MAPLE ST, PALMYRA PA 17078 On: q/30/171 At: 3 Description: Approximate Age Height ?Neight(Race _16t Sex Hair _I k With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service R B handing to: DEFENDANT(S) PERSONALLY SERVED ? ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDE. ? NAME: RELATIONSHIP: ? ADULT IN CHARGE OF DEFENDANTS RESIDENCE. ? NAME: RELATIONSHIP: ? POSTED PROPERTY ? AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. ? NAME: TITLE: ? MILITARY STATUS: NO / YES BRANCH: COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: MOVED UNKNOWN NO ANSWER VACANT OTHER: SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: 1.) 2.) 3.) SWORN TO AND SUBSCIBED BEFORE ME THIS 30 DAY OF 2009 (6 M C "N BLE/PROCESS SERVER NOTARY 73848 C :+N VB&6'031?? P.O 1180, 93 EAST MAIN STREET, BAY SHORE, NY 11706 631.666.6168 631.666.6293 (E) (+n ??r+li.?SSu." ?1f:?uS Dem.!?8t ;, 2U Aug. 6. 2009 2:36PM Sheriffs Office of Cumberland County R Thomas Kline Sheri' Ronny R Anderson Chief Depw Jody S Smith C&H Process Sergeaw Edward L Sdwrpp Solicitor ??y,?p of ?uwbrr?,tk? s pints= of T N[ 04FALFF No. 0669 P. 3 Deutsche Bank Trust Company Americas f Case Number VS. II 2008-7253 Heidi M Smith SHERIFF'S RETURN OF SERVICE 05/29/2009 01:53 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 6129109 at 1350 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Descriptlon, In the above entitled action, upon the property of Heidi M Smith and Jason M. Smith, located at, i711 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania according to law. 07/30/2009 R. Thomas One, Sheriff who being duly swom ac cMing to law, states that he made a diligent sea?Ch and inquiry for the within named defendant(s) to wit, Heidi M. SmM. but was unable to locate her in his baiNwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now, 17th day of July, 2009, served the wihin Real Estate Writ, Notice of Sale and Description upon Heidi M. Smith, the defendant, by making known unto Heidi M. Smith, personally, at 2400 Lewtsberry Road, York Haven; Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Richard P. Keuerleber, Sheriff of York, County, Pennsylvania. 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 IRIS REAL ESTATE CAPITAL TURST 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff vs. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 2008-7293 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TURST 2005-HE3, 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: 1711 Letchworth Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 2. Name and address of Defendant(s) in the judgment: HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square ROOM 302 Carlisle, PA 17013 LVNV FUNDING, LLC 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 KENNETH WEARY C/O LISA MAUER ESQ. GRAHAM & MAUER PC, STE 7 PO BOX 987 VALLEY FORGE, PA 19482 MARJORIE WEARY C/O LISA MAUER ESQ. GRAHAM & MAUER C, STE 7 PO BOX 987 VALLEY FORGE, PA 19482 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY c/o Steven P. Miner 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 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 1711 Letchworth Road Camp Hill, PA 17011 (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: August 17, 2009 ` w r- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff HOF W--CE !C'NOTARY 1009 AUG 19 P 1: 4 ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which IXIS REAL ESTATE CAPITAL TRUST 2005-HE3 TR is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 21 day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7293, at the suit of IXIS 2005-HE3 TR against HEIDI M S iMITH & JASON M is duly recorded as Instrument Number 200934132. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,r-Z, day of A.D. 0 O Recorder of Deeds R d Cmads, Cu J'm(xW County, Cadida, PA My Can+ 4s on Exl*os YN Fiat Monday of Jan. 2010 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny A Anderson Chief D?puty Jody S Smith Civil Process Sergeant ALED-XFCE OF THE' P"OTt NOTARY 2009 OCT -5 AN, 11: 04 Edward ? Schorpp CUMBE r A",17) 1.1)UNTY Pt'!'ASYLWlA De tsche Bank Trust Company Americas Case Number Hei i M Smith 2008-7293 S. SHERIFF'S RETURN OF SERVICE 06/29/009 01:53 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09 at 1350 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 Heidi M. Smith and Jason M. Smith, located at, 1711 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania according to law. 07/30 009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant(s) to wit: Heidi M. Smith, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now, 17th day of July, 2009, served the within Real Estate Writ, Notice of Sale and Description upon Heidi M. Smith, the defendant, by making known unto Heidi M. Smith, personally, at 2400 Lewisberry Road, York Haven, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Richard P. Keuerleber, Sheriff of York, County, Pennsylvania. 009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M, He sold the same for the sum of $ 1.00 to Attorney Michael McKeever, on behalf of, Deutsche Bank National Trust Company, as Trustee for for IXIS Real Estate Capital Trust 2005-HE3, of, 4708 Marcantile Drive North, Fort Worth, TX, 76137, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 905.01 FF COST: $905.01 ,/ JpJI-3/0? ?, 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF gj70 Me Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 70 Market Street P ladelphia, PA 19106 215-627-1322 Attorney for Plaintiff li u 1 NUHI BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TR ST COMPANY, AS TRUSTEE AND C STODIAN FOR IRIS 2005-HE3 47 8 Mercantile Drive North Fo Worth, TX 76137 Plaintiff vs. HE DIM. SMITH JA ON M. SMITH (M rtgagor(s) and Record Owner(s)) 171 Letchworth Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 2008-7293 AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, 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: 1711 Letchworth Road Camp Hill, PA 17011 1.Na? a and address of Owner(s) or Reputed Owner(s): HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 i 2. Name and address of Defendant(s) in the judgment: i HEIDI M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 i JASON M. SMITH 426 West Maple Street Palmyra, PA 17078 3. Nan?e and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: I CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square ROOM 302 Carlisle, PA 17013 LVNV FUNDING, LLC 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 KENNETH WEARY C/O LISA MAUER ESQ. GRAHAM & MAUER PC, STE 7 PO BOX 987 VALLEY FORGE, PA 19482 MARJORIE WEARY C/O LISA MAUER ESQ. GRAHAM & MAUER C, STE 7 PO BOX 987 VALLEY FORGE, PA 19482 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. N?me and address of the last recorded holder of every mortgage of record: 5. N' a and address of every other person who has any record interest in or record lien on the property whose maybe affected by the sale: interest 6. ci a and address of every other person of whom the plaintiff has knowledge who has any record interest in the property whic may be affected by the sale. i 7. N?me and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may a affected by the sale. (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. DAT?D: April 20, 2009 4A-1? i GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 2008-7293 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 TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s, Term No. 2008-7293 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, HEIDI M. HEID1 M. SMITH 1711 Letchworth Road Camp Hill, PA 17011 Your house at 1711 Letchworth Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $184,322.46 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 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: 01 2008-7293 1. The sale will be cancelled if you pay to DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. You may contact the Foreclosure Resource Center: httn://www.philadelphiafed.org/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 Carlisle, PA 17013 2008-7293 717-243-9400 2008-7293 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.oriz/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 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 homeretentionna,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 Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 73848FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 2008-7293 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6318 Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS B TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3 4708 Mercantile Drive North Fort Worth, TX 76137 Plaintiff VS. HEIDI M. SMITH JASON M. SMITH Mortgagor(s) and Record Owner(s) 1711 Letchworth Road Camp Hill, PA 17011 Defendant(s' , of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 2008-7293 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SMITH, JASON M. JASON M. SMITH 1711 LETCHWORTH ROAD CAMP HILL, PA 17011 Your house at 1711 Letchworth Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $184,322.46 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IRIS 2005-HE3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 2008-7293 1. The sale will be cancelled if you pay to DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2005-HE3, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 2008-7293 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.orp-/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at 888-325-3502 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825- 6411. Please reference our Attorney File Number of 73848FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot or piece of ground situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern line of Letchworth Road, 135 feet east of the southeast corner of the intersection of Letchworth Road and South 18`h Street, also being at the diving line between Lots Nos. 18 and 17, Block E, on hereinafter mentioned Plan of Lots; thence eastwardly along the southern line of Letchworth Road, 55 feet to a point at the dividing line between Lots Nos. 16 and 17, Block E, on said Plan: thence southwardly along said dividing line and at right angles to Letchworth Road, 125 feet to a point at the dividing line between Lots Nos. 3 and 17, Block E, on said Plan; thence Westwardly along same and along in dividing line between Lots Nos. 17 and 18, Block E, on said Plan, thence northwardly along same, 125 feet to a point the place of BEGINNING. BEING Lot No. 15, Block: E, on Plan of Lots known as Highland Park, said Plan being recorded in Plan Book 3, Page 20, Cumberland County Records. HAVING THEREON ERECTED a two-story brick and frame dwelling house known as 1711 Letchworth Road, Camp Hill, Pennsylvania. PARCEL # 13-23-0547-332 TOWNSHIP OF LOWER ALLEN 1711 LETCHWORTH ROAD CAMP HILL PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7293 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, f/k/a BANKER'S TRUST COMPANY, as Trustee and Custodian for IXIS 2005-HE3, Plaintiff (s) From HEIDI M. SMITH and JASON M. SMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. i (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. i Amount Due $184,322.46 L.L. $.50 Interest from 4/21/09 to Date of Sale per diem at $33.20 Atty's Comm % Due Prothy $2.00 Atty Paid $323.72 Piaintiff Paid Date: 4/21/09 Other Costs g, gurtis R. g, Protho t,' ta (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUTIE 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 # 04 May 5, 2009 the Sheriff levied upon the d&dant's interest in the real property situated in Rwer Allen Township, Cumberland County, PA Known and numbered as, 1711 Letchworth Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 B " V*? Real Estate Coordinator <rs PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 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. Iflsa Mane Coyne, SWOWTO AND SUBSCRIBED before me this 7 da of August. 2009 otary I NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL WTATE SALE 110. S 1 Writ No. 2008-7293 Civil Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company as Trustee and Custodian for IRIS 2005-HE3 vs. Heidi M. Smith, Jason M. Smith Atty.: Michael McKeever ALL THAT CERTAIN lot or piece of ground situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a point on the southern line of Letchworth Road, 135 feet east of the southeast corner of the intersection of Letchworth Road and South 18th Street, also being at the diving line between Lots Nos. 18 and 17, Block E, on herein- after mentioned Plan of Lots; thence eastwardly along the southern line of Letchworth Road, 55 feet to a point at the dividing line between Lots Nos. 16 and 17, Block E, on said Plan: thence southwardly along said dividing line and at right angles to Letchworth Road, 125 feet to a point at the di- viding line between Lots Nos. 3 and 17, Block E, on said Plan; thence Westwardly along same and along in dividing line between Lots Nos. 17 and 18, Block E, on said Plan, thence narthWardl,y alcmg same, 125 feet to a point the place of BEGINNING. BEING Lot No. 15, Block: E, on Plan of Lots known as Highland Park, said Ras being recorded in Plan Book 3, Page 20, Cumberland County Records. HAVING THEREON ERECTED a two-story brick and frame dwelling house known as 1711 Letchworth Road, Camp Hill, Pennsylvania. PARCEL # 13-23-0547-332 TOWNSHIP OF LOWER ALLEN 1711 LETCHWORTH ROAD CAMP HILL PA 17011. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF=S OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4( pNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07/31/09 08/07/09 Notary Public of August, 2009 A.D. COMMONWEALTH OF PENNSYLVANIA, *tarial Seal Sherrie L. Kisner, lea Public City Of Harrisbu ry Commission . Dauphin County 26,2011 Member, Pennavfuia?sc? Association of Notaries Sins No. 81 Writ No. 2006-7M Civil Term Deutssi&dankTnist Company An4ricas WK/A Bankers Trust Company as Trustee and Custodian for MIS 2005-HE8 vs. Heidi M Smith Jason M Smith Atty: Michael McKeever ALL THAT CERTAIN lot or piece of ground situate in the Township of Lower Allen, County of Cumberland, and' Commonwealth of Pennsylvania, more particularly described as follows: BEG1NN O at a point on the southern line of Letchwwordi Road, 135 feet east of the southeast comer of the intersection of Letchworth Road and South 18th Street, also being at the diving line between Lots Nos. 18 and 17, flock E, on hereinafter mentioned Plan of Lots; thence eastwardly along the southern line of Letchwortb Road, 55 feet to a point at the dividing line between Lots Nos. 16 and 17, Block E, on said Plan: thence southwardly along said dividing line and at right angles to Letchworth Road, 125 feet to a point at the dividing line between Lots Nos. 3 and 17, Block E, on said Plan; thence Westwardly along same and along in dividing litre between Lots Nos. 17 and 18, Block R, on said Plan, thence northwardly along same, 125 feet to a point the place of BEGIN1 0. BEING Lot No. 15, Block: E, on Plan of Lots known as Highland Park, said plan being recorded in Plan Book 3, page 20, Cumberland County Records. HAVING THEREON ERECTED a two-story brick and frame dwelling house known as 1711 Letchworth Road, Camp Hill, Pennsylvania. PARCEL 013-23-0547-332 TOWNSHIP OF LOWER ALLEN 1711 LETCHWORTH ROM CAMP HILL PA 17011