Loading...
HomeMy WebLinkAbout04-2076 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id, No. 12248 LAWRENCE T, PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.OI../ - ::lCJ~f&. (}i CJ l tT€I2..n Plaintiff v. CUMBERLAND COUNTY ALICE C. SMITH 3 SOUTH HUMER STREET ENOLA, PA 17025 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 92254 IF THIS IS THE FIRST NOTICE THAT YOU HA VE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBTOR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST A TE. File #: 92254 I. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-] 7]05 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are: AL]CE C, SMITH 3 SOUTH HUMER STREET ENOLA, P A ] 7025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/] 8/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. ] 556, Page 800. PLAINTIFF is now the lega] owner of the mortgage and is in the process of formalizing an assignment of same. 4, The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 0]/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, File #: 92254 6, The following amounts are due on the mortgage: Principal Balance Interest ] 2101/2003 through 05/07/2004 (Per Diem $13.62) Attorney's Fees Cumulative Late Charges 06/18/1999 to 05/07/2004 Cost of Suit and Title Search Subtotal $46,711.94 2,165.58 1,250,00 87.80 $ 550,00 $ 50,765.32 Escrow Credit Deficit Subtotal 35,62 0.00 $- 35.62 TOTAL $ 50,729.70 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to Foreclose as set forth in Act 6 of ]974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 50,729,70, together with interest from 05/07/2004 at the rate of$13,62 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~AND PHELA;f:LfUL ' 6VJ" ' By: /s ~ Hafl'in , FRANK DERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 92254 1.F.GAL DF,SCRrPTION All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as (3 SOUTH HUMER STREET, ENOLA, PA 17025), and being further described on that certain Deed dated 0411711951 and recorded 1?/7711966 in the Office of the Recorder of Deeds in CUMBERl ,AND County in Deed Book No,&22, Page 294, Parcel No. 09-14-0834-241 BEING known as 3 SOUTH HUMER STREET VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INe. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civii Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S. Sec. 4904 relating to unsworn fidsification to authorities. DATE: ~ /L1 jOi ~DVd:~ ~\ .lQ Crt (A ....... w U( ~ (Q () ~ ~ ~ .t: CY ()- ~ ~ ~ C) ,...., 0 c::":') :;- ~ -n :n:: .-\ -~ ::::r-; , fi"l -'" en r, ; t:'::-J C":o I (--) - --;; c) rn c:) .ro- "" , ,-' U; --"';'" SHERIFF'S RETURN - REGULAR CASE NO: 2004-02076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS SMITH ALICE C VALERIE WEARY , 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 ALICE C the DEFENDANT , at 1233:00 HOURS, on the 11th day of May 2004 at 3 SOUTH RUMER STREET ENOLA, PA 17025 by handing to FLOYD DITMER, SON IN LAW a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 R. c:::~~:~~ 05/12/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: I{~- V~ ~e~uty Sherlff me this J'i!!! day of ~,dbf:;<{ A.D. fj,., 0, Pn-~ ~ ~onotary , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-2076 CMLTERM Plaintiff, v. ALICE C. SMITH Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Jl.LOF' !P 200 Lj . ~fhJ pCre{/~ DEPUTY If you have any questions concerning this matter, please contact: J~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VB PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,"" " FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-2076 CIVILTERM Plaintiff, v. ALICE C. SMITH Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ALICE C. SMITH, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 5/7/04 to 6/17/04 TOTAL $50,729,70 $572.04 $51,301.74 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. c 0 DATE: lo/IP/6Lj 0~ ) k .7~.) PRO PROTHY ~ (/ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No, 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (? 1 'i) 'i(\,-7000 MANUFACTURERS AND TRADERS TRUST : COURT OF COMMON PLEAS COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF : CIVIL DIVISION SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 Plaintiff : CUMBERLAND COUNTY Vs, : NO. 04-2076CMLTERM ALICE C. SMml Defendants TO: ALICE C. SMITH 3 SOUTH HUMER STREET ENOLA, PA 17025 DATE OF NOTICE: JUNE 2. 2004 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE,IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, FILE COpy CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 soum BEDFORD STREET CARLISLE, PA 17or3 (800)990-9108 J ..J \\ , 5 ~ ,': pOW\l'ffiN'n FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR >CASE NO: 2004-02076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS SMITH ALICE C VALERIE WEARY , 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 ALICE C the DEFENDANT , at 1233:00 HOURS, on the 11th day of May , 2004 at 3 SOUTH HUMER STREET ENOLA, PA 17025 by handing to FLOYD DITMER, SON IN LAW a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38:35 R.C~~ 05/12/2004 FEDERMAN & PHELAN Sworn and Subscribed t,o before By: I {k- VS...--- ~~uty Sheriff me this day of A.D. Prothonotary FEDE~ANandPHELAN,LLP . By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-2076 CIVILTERM Plaintiff, v. ALICE C. SMITH Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ALICE C. SMITH is over 18 years of age and resides at , 3 SOUTH HUMER STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT C€RTAIN OR PIECE OF LAND LOCATED ON THE SOUTH SIDE OF THE STATE ROAD, PLAN OF: LOTS OF WEST ENOLA. EAST PENNSBORO TOWNSHIP, CUMBtP-LANll COUNTY, PENNSYLVANIA, SAID LOT FRONTING FIFTY (50) FEET ON SAID HIGHWAY AND EXTENDING SOUTHW"RD AN EQUAhWIDTU ONE HUNDRED FORTY-TWO (141) FEET TO A FIFTEEN (15) FOOT WIDE ALLEY, ANDllErNG-LOT NO.6,SECTION "C", PLAN OF WEST ENOLA, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFICE OAT CARLISLE IN PLAN BOOK NO, 8, PAGE 70. ,/ IT BEING PARl' OF THE SAME PROPE:RTY CONVEYED TO MAUDE H. BRINl'ON BY OEE:DS OF FARMERS TRUST COMPANY EXECUTOR OF CE:LEB S. BRINTON. DECEASED, AND RECORllED IN 11 "P" 329; OF E, W. BRETZ, SHERIFF or CUMBERLAND COUNTY, RECORDED SEPTEMBER 19, 1945; ANO C. N. LIGGETT AND WIFE, RECORDED SEPTEMBER 19, ,,45- THE: WITHIN PROPERTY IS SOLD SUJOCT TO A RESTRICTION THAT NO BUILDING SHALL BE ERE:CTED THEREON WITHIN TWE:NTY"FIYE: (25) FEET OF SAID STATE: ROAD; AND NO BUILDING SHALL BE: E:RE:CTED THE:REON UNLESS ON" SOLD FOUNDATION, AND SHALL CONSIST OF NOT LE:SS THAN FOUR ROOMS. Vesti~21"formatieq: Vested by: Warn.ty OecddatCd4-17-S1 . g.iven by Maude H. Brinton and Martia A. Uti.toa her tt.usband to Hat.,.. J Smith .'nd A(K':e C. smith, his wife. their a-drt a..d usiens recorded IZ--21-66 in Book: EU Page 99. . . PROPERTY ADDRESS: 3 SOUTH HUMER STREET, ENOLA, PA 17025 TAX PARCEL: #09-14-0834 c'XJeJ.tQ. ~tt1:-O - () ~ (;; ~ 0 ~ )U f! (\u PJ W ~ r- _ Co') \J.; :tJ s--'C), i-- o "-....z-f--.. (", "',<--1 ;:::~ (') __~ -Ii ( - ~? ;i"i c~; ."~; ;:;J C' '.-'/ (..) ---!--~ - (-., FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIllLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-2076 CIVILTERM v. ALICE C. SMITH Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, 3~ d4d,Am1l./l FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~,~- (_ ---l -r~. c" ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQillTY LOAN TRUST 1999-1 No. 04-2076 ClVILTERM Plaintiff, v. ALICE C. SMITH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $51,301.74 Interest from 6/17/04 to DECEMBER 8, 2004 (per diem -$8.43) $1,466,82 and Costs TOTAL $52,768.56 JM/Yl.K ~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No , IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. co ~ !~' Ci c-....... .' -,.- ~,\J: (0 cc;:-~ r:::: ,1 L~ C':) I () ~ c:; ...< O~ rn... ~~ ...lrn =-Z Zz 01;1;1 ~=- ~ ~ 01: UZ ...>:l 00 ...U ~~ 8; ~1;1;1 ...= Z~ ....>:l U 1;1;1 ~~~ ~ 1;I;1;;;l......q 9...00.... ~~~~~ ~~~5g~ ~rnI;l;101;l;1~ ...,<==:~~ ~~~l;I;1g1i; ~<f-o~=:;;;l ~~~~~~ u 0....... 1;1;1 ~UI;l;1;> ~...1;1;11;1;1~ rn...uZ ;[g >:l ...~ 0 ... rn =: ... .... ~ rn ~ U 1;1;1 u ~ ')---:- . 4r ct.~ ~J~~: - - - - , - :::: () VJ () N) V:lo:. ~N) () () 0 I/) \) v, ~O"f) /i )..;:- IJ) "') . Z o .... ... ;;;l u ~-e 1;1;1 ::l ... ~ oCj '" ... ... ;~ ~~ ~~ 01:: ... Q 1;1;1~ =-~ .... u ~ t8J <) 0 ~ ~ -- -0,-0,: III '" => r-- .... < =- .{ ...l o Z 1;1;1 .... 1;1;1 ~ ... rn J~ ~ "i:i 1;1;1 'co ~ E:: ;;;l cB =: =: 1 ~ s ~ 0 r\) < rn .., "E ~ '" OJ ..0 ~ t fir Po OJ ~ ~ i.L; in '" OJ ~ u------. ~ JJ ~ ~ J w <J~ (""-' <-< :2 c-t: ~ rt () V, ~ C'rJ -t 6t 'j LEGAL DESCRIPTION ALL THAT CERTAIN OR PIECE OF LANO LOCATED ON THE SOUTH SIDE OF THE STATE ROAD, PLAN OF, WTS Of WEST ENOLA. EAST I'ENNS80RO TOWNSHIP, CUMBt.RLAND COUNTY, PENNSYLVANIA, SAID LOT FROl'ITING FIfTY (SOl FEET ON SAID ItlGHWAY ANI> EXTENDING SOUTHWARI> ,AN EQUA~WIDT" ONE HUNDREO FORTY"TWO (1411 FEET TO A FIFTEEN (15) FOOT WIDE ALLEY, AND11C1NG-WT NO. ',SECTION 'C", !'LAN OF WEST ENOLA. SAID !'LAN BEING RECORDED IN THE RECORDER'S OFFICE 0... T CARLISLE IN PLAN BOOK NO. 8. PAGE 7Q. ',/ IT BEING PART OF THE SAME PROPERTY CONVEYED TO i'lAUDE H. BRINTON BY DEEDS OF FARMERS TRUST COMPANY EXECUTOR OF CELEB S. BRINTON. Il€CEASED, AND RECORDED IN 12 "P" 3Z9; OF E. W. BRETZ, SHERIFf Of CUMBER......ND COUNTY. RECORDEO SEPTEMBER 19, 1945: AND C. N. UGGETT AND WIFE, RECORDED SEPTEMBER 19, 1945. THE WITHIN PROPERTY IS SOLD SUJEC'f TO A RElo.RICTION THAT NO BUILDING SHALL BE ERECTED THEREON WITHIN TWENTY~nVE (Z5) FEET OF SAID STATE ROAD; AND NO BUILDING SHALL BE ERECTED THE\l.EON UNLESS ON A SOW FOUNDATION, AND SHALL CONSIST OF NOT LESS THAN FOUR ROOMS. V6til'll..l..ro.nnlltiQn: ~ested ~y: Wa:rta".y ~~dated4-'?51 .gi\l'eTI by Mau4e H. 8riato. and Mania A.. 8rintcJa. Iter kusband to Harry J. Smith. ud A'I<< C. Snii... kts 'Wd"~ thell" hurs sad assigns recorded 11-21-46 in Book: En Page 994 PROPERTY ADDRESS: 3 SOUTH HUMER STREET, ENOLA, PA 17025 TAX P AReEL: #09-14-0834 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUF ACTURERES AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQillTY LOAN TRUST, Plaintiff (s) From ALICE C. SMITH (I) 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) Ifproperty 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 helshe has been added as a garnishee and is enjoined as above stated, Amount Due $51,301.74 LL $.50 Interest FROM 6/17/04 TO 12/8104 (PER DIEM - $8.43) - $1,466.82 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $120.35 Other Costs Plaintiff Paid Date: JUNE 18,2004 CURTIS R. LONG (Seal) Prothon~ p ~~ D - . /f-Vl<.'r....r Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVlEW HOME EQillTY LOAN TRUST 1999-1 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2076 CIVILTERM ALICE C. SMITH Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,3 SOUTH HUMER STREET, ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained. please indicate) ALICE C. SMITH 3 SOUTH HUMER STREET ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 COMMONWEALTH OF PA DEPARTMENT OF WELFARE HEALTH & WELFARE BLDG, RM. 234 P.O. BOX 2675 HARRISBURG, PA 17105-2675 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 3 SOUTH HUMER STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 17, 2004 DATE 3~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --, ,,-, r~", , :~ MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 CUMBERLAND COUNTY No. 04-2076 CIVIL TERM Plaintiff, v. ALICE C. SMITH Defendant(s). June 17,2004 TO: ALICE C. SMITH 3 SOUTH HUMER STREET ENOLA, PA 17025 ""THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at, 3 SOUTH HUMER STREET, ENOLA., PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$51.301. 74 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P" Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling (215) 563-7000. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff. you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN OR PIECE OF LAND LOCATED ON THE SOUTH SIDE Of THE STATE ROAD, PLAN Of; LOTS Of WEST ENOLA, EAST PENNSBORO TOWNSHIP. CUMBERLAND COUNTY, PENNSYLVANIA, SAID LOT FRONTING FIFTY (50) FEET ON SAID HIGHWAY ^ND EXTENDING SOUTHWARD AN _EQU^~WIDTH ONE HUNDRED fORTY-TWO (141) FEET TO A fifTEEN (15) fOOT WIDE ALLEY, AND1IEING LOT NO.6, SECTION "C", PLAN Of WEST ENOLA, S^IO PUN BEING RECORDED IN THE RECORDER'S OFFICE OAT CARLISLE IN PLAN BOOK NO.8, P^GE 70. / IT BEING PART Of THE SAME PROPERTY CONVEYED TO MAUDE H. BRINTON BY DEEDS Of FARMERS TRUST COMPANY EXECUTOR OF CELEB S. BRINTON. DECE^SED, AND RECORDED IN IZ "P" 329; OF E. W. BRETZ, SHERIFF Of CUMBERLAND COUNTY, RECORDED SEPTEMBER 19, 1945; AND c. N. LIGGETT AND WIFE, RECORDED SEPTEMBER 19, 1945. THE WITHIN PROPERTY IS SOLO SUJECT TO A RESTRICTION THAT NO BUILDING SHALL BE ERECTED THEREON WITHIN TWENTY.fIVE (15) FEET OF SAID ST,l. TE ROAD; AND NO BUILDING SHALL BE ERECTED THEREON UNLESS ON ^ SOLI> fOUNDATION, AND SHALL CONSIST OF NOT LESS THAN fOUR ROOMS. Vestin.llnr4nnatioQ: Vested ~y: Warranty ~~ dated 4-o1?oSI . gi"e~ by Maude H. Orintoa and Martia A. 8tintoa. her husband to H....,., J. Smith and AIK:e C. Smith. hIS wire. their hCfI'1l1nd as!ugns recorded '2-21-66 in Book: Ell Page 994 PROPERTY ADDRESS: 3 SOUTH RUMER STREET, ENOLA, PA 17025 TAX PARCEL: #09-14-0834 t.._.... ('"-, ~~;~ ::;-;! <:.. in :) AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PIT 'PLAlNTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQillTY LOAN TRUST 1999-1 No. 04-2076 CIVILTERM ACCT. #9877073 Type of Action _ Notice of Sheriffs Sale DEFENDANT(S) ALICE C. SMITH Sale Date: DECEMBER 8, 2004 SERVE ALICE C. SMITH AT 3 SOUTH RUMER STREET ENOLA, P A 17025 SERVED Served and made known to ~\ i (oe_ C. ~'\ -\- V\ .Defendant, on the:3 >( d at O::O.o'cloc~,m.,at (~ ~~_ \-J.-v..~-r ~S~" day of :\u. \ ,-\_,200.=1 f v'\{)\~ ,Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served. ' -A---Adult family member with whom Defendant(s) reside(s). Name and Relationship is A."),,' r'\ \ a u ~. - 1= \0 '/ U Adult incbarge of Defendant(s)'S residence who refused to give name or relationship, D\ -I; ('('f' \ Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge of Defendant(s)'s office or usual place of business an officer of said Defendant(s)'s company, Other: Description: Age W HeigllO' l D" Weighta<-lO Race W Sex ~Other 1, \\), i)\-.c1e\\e Gu~'i\.a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, Sworn to and subs'i?bed before~e this3r- day of ....JV~, 200!/-, Notary: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _,10., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 ,t Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ....,'..",..' %:~iti'", .;...,,,l,....A.j.f..1o. ,"iiJ.~.j '<J(.(J t. \t.MtI!,ft.h) ,Q1l'..tJ flll"4~ ft.":; .r.::.; ""JI. ~'fJit.J 1")f'~vM L...._.__.__.,__,__.__ _, .....J.-f JO fU4i\.'1.lIM" ......~q . ~III'!'. ,~,.' .': >-.:l' ~;':'.) r~~~'J c (,,) () IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS AND TRADERS ) CNIL ACTION TRUST COMPANY AS INDENTURE ) TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 vs. ALICE C. SMITH ) CNIL DIVISION ) NO. 04-2076 CIVILTERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 hereby verify that on 6/21/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22. 2004 ~dwmrL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~ - - - - ~ 00 ~ ~.~ u: ~ W tv - 0 "z ii ~a. , :<l~ > ~~ t: [I g ~~ }} ~ a. t/)~ O:l( 81R II .. ~ tt1~ ~ -8&1 ~ oi ~ IJ; tv ;r i Q i j: , .> ~tlg.g-t ~~lj~ ;;;Ilf~!g 8. .[=t.5 - s ct. ~B~og -_.t:~~ ~g..8~ e. ~ @. 8~ ~ g;~-a ~ a [Ii it 8 u;.(I ~ g <...jl5e. 9~. ~_ ~~tiii O'it.. .. '" =t. <l ""J" '!!l. ~ 3 8- i _.l:l S' o.g.~i il 3 "" =t. P~'g i l-g~;; ~.la~. ~li"a8' .gg~8. (~~~ =.115';;1 '";s::=.. ; ~I'~ !' 9 g ~. rl~.a ~ "'1[ R .~.. g.e.~i :::: ~ 8'01 ~8"R~ ~'"'"E!.~ i & ~ I II '.~"_' I I c ~~'~/';'. c.., ''-;'" ~ ~ ;:;;,~,~l ) ...~ \ I , 0\ Vl ,~ w tv - I ~ (J 0 :: ~ ~ ~ l ! ~ ~ I Q ~ ;: l ~~ ~::]1 ~ 0 ~ "Il '"rj t/) ~ w "d 0 0 ~ ~ 8 ~ ~ i I i m ~ ~ ~ ~ ~ ~ ~ c; > 0 Z :c '"rj 0 :: ~ ~ s ~ ~ Vl ~ 0 :c ti3 o ~ to t/) ~ ~ 0\ tr:l ~ ~ i ~ t/) t/) to ~ ~ ~ ~ .... "d ~ > 0 .... I c; I II .:{~~"..,:~-, . . 02 1A $ 00.900 , 0004300377 JUN 21 2004 MAILED FROM ZIP CODE 19103 I t"" ~. O>z =-~ ""'=-a CI1 "'l . (D fD (D 1:1 fIl ~ g-fIlg, "'l )> ::l (i' CD z c 3 C" CD ., ~~w~ ~ :: "CQ~ m OO~ ~s I: . "T1 1:>). :c~~~ ~~~t3 ......o..en"C o '< g.:I: lft:l:lc:m -O:Lt""' oo~...,> ~~~z < en ~ ~~iitt""' ....~a-.r' ~ en g "C ~ S. ~(t ;;! - .g~ (II 0 ""I i I ,",... ~--~ ~:' ct~ ::~::~ ...,. .::.:;.."" r:': r:.J.' 'j ;::.-; :, <,1,. I 'x:;; " ~:~~ ~ ~:? .. - -.. "..., c' c:.-::> ..J..- ~I!:: o ....;: 1''' \.D ~ ~:!J ,- ~~ i15;" ",.~O Orn -",I );,. ~;o -< ::E ...;... U1 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: 0'1- d-07(.. I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby c rtify that the Sheriffs Deed in which Manufactures & Traders Tr Co is the grantee the same having b said grantee on the 8th day ofDec A.D., 2004, under and by virtue of a writ Execution issue 18th day oOune, A.D., 2004, out of the Court of Common Pleas of said County as of Civil T , 2004 Number 2076, at the suit of Manufactures & Traders Tr Co against Alice C Smith is duly rec rded in Sheriffs Deed Book No. 266, Page 4168. IN TESTIMONY WHEREOF, I have hereunto s t my hand -J and seal of said office this day of /)~ , A.D2004 '. Manufacturers and Traders Trust Company As Indenture Trustee for the Benefit of the Certificate Holders of Soundview Home Equity Loan Trust 1999-1 VS Alice C. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2076 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, sta s that on September 14, 2004 at 1 :26 o'clock PM, he served a true copy of the within al Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, up the within named defendant, to wit: Alice C, Smith, by making known unto Karen Ditmer, adult daughter of Alice C. Smith, at 3 South Humer Street, Enola, Cumberlan County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states t t on October 07, 2004 at 1:48 o'clock P.M., he posted a true copy of the within Real Es ate Writ, Notice, Poster and Description, in the above entitled action, upon the property 0 Alice C, Smith located at 3 South Humer Street, Enola, Pennsylvania, according to la R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within name defendant, to wit: Alice C. Smith, by regular mail to her last known address of 3 South Humer Street, Enola, P A 17025. This letter was mailed under the date of October 06, 2004 and never returned to the Sheriffs Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 08, 2004 at 10:00 o'clock A.M, He sold the same r the sum 01'$1.00 to Attorney Frank Federman for Manufacturers and Traders Trust Company as Indenture Trustee for the Benefit of the Certificate Holders of Soundview Home. It being the highest bid and best price received for the same, Manufacturers and Traders Trust Company as Indenture Trustee for the Benefit of the Certificate Holders Soundview Home of 7105 Corporate Drive, PIano, TX 75024, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum 01'$878.70, it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 17,23 15,00 15.00 30.00 10,00 .50 Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 1.00 22.20 15,00 20.00 279.35 328.66 30.26 25,00 39.50 878,70 Sworn and subscribed to before me /, This ~ da:_Of(/~ 200~ A.D, ( ~ () )'YI.,IP;u ~ ~r honotary So Answers: ~~<;-t: ~--eR R. Thomas Kline, th;;i'ff ByJ~,-L51'\~~ Real Estat<\ Deputy oJ"~ uU ~O' ~ ~1J / " Ch..ynl) i0... /5fuV r , MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE ~ : BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQIDTY LOAN TRUST 1999-1 CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION Plaintiff, v. NO. 04-2076 CIVILTERM ALICE C. SMITH Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUS EE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME E ITY LOAN TRUST 1999-1, Plaintiff in the above action, by its attorney, FRANK FEDERMA , ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following info ation concerning the real property located at 3 SOUTH HUMER STREET ENOLA P A 1702 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALICE C. SMITH 3 SOUTH HUMER STREET ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien n the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 COMMONWEALTH OF PA DEPARTMENT OF WELFARE HEALTH & WELFARE BLDG, RM. 23 P.O. BOX 2675 HARRISBURG, PA 17105-2675 4. Name and address of last recorded holder of ever), mortgage of record: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has an interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 3 SOUTH HUMER STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, PA 17013 Commonwealtb of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my p sonal knowledge or information and belief. I understand that false statements herein are made subje to the penalties ofl8 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. June 17.2004 DATE 3-~ :k1AAnM'\ FRAJ{KFEDE~,ESQUTIRE Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST 1999-1 CUMBERLAND COUNTY No. 04-2076 CIVILTERM Plaintiff, v. ALICE C. SMITH Defendant(s). June 17,2004 TO: ALICE C. SMITH 3 SOUTH HUMER STREET ENOLA, PA 17025 "THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO TION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DlSCHA REIN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR 'ED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 3 SOUTH HUMER STREET. ENOLA, PA 17025. is heduled to be sold at the Sheriff's Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland Count Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $51 01.74 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTU TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVI HOME EQUITY LOAN TRUST 1999-1 (the mortgagee) against you, In the event the sale is conti ed, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late c arges, costs and reasonable attorney's fees due, To find out how much you must pay, u may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or pen the judgment, if the judgment was improperly entered. You may also ask the Court postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the ore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidd r. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was gr ssly 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 he sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the 0 ner of the property as if the sale never happened. 5 , You have the right to remain in the property until the full amount due is paid to th Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin to evict you. 6. You may be entitled to a share of the money which was paid for your house. A sc edule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed wit the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, i you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must postponed or stayed in the event that a representative of the plaintiff is not present at t e sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION . ALL T"AT CERTAIN OR PIECE OF LAND l.OCATED ON THE SOUTH SmE OF THE STATE ROAD. PLAN OF; l.OTS OF' WEST ENOLA. EAST rENNSBORO TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA, SAlD WT fRONTJNG FlFTV (50) fEET ON SAID JfIGl{WAV AND EXTENDING SOVTHWARD_~N _EQU,^-e....~WIDTH ONE HUNDRED fORTY-TWO (14Z) FEET TO A fifTEEN (15) FOOT WIOE ALLEY, ANlnrlo:lNG LOT NO.6, SECTION "C", PLAN OF WEST ENOLA, SAm PLAN BEING RECORDED IN THE RECORDER'S OFFICE OAT CARLISLE IN PLAN BOOK NO. Ii. PAGE 1Q. IT BEING PART OFTHESAME PROPERTY CONVEY EO TO MAUDE H. BRINTON BY OUDS OF FARMERS TR\JST COMPANY EXECUTOR OF CELEB S. BRINTON, DECEASED, AND RECORDED IN 12 "P" 329; Of E. w. llRET1~ SHERIff Of CUMBERLAND COUNTY, RECORDED SEPTEMBER 29, 1945; AND C. N, LIGGETT AND WIFE, RECORDEOSEPTEMBER 29,1945. THE WITHIN PROPERTY '$ SOLO SUJECT TO A REl>.RICTION THAT NO BUILDING SHALL BE ERECTED THEREON WITHIN TWENTY-FIVE (25) FEET OF SAlI> STATE ROAD: AND NO B\JILOING SHALL BE ERECTED THEREON UNLESS ON A SOLD FOUNDATION, AND SHALL CONSIST OF NOT LESS THAN FOUR ROOMS, Vtstil\lf Information; Vested~y; Wan~nfY ~ec~ dated 4-'1~51 . given by Maude H. Bl"int()Q and Martin A. Brinton. bu husbal'ldto tbirr}' J. Smith ~nd Abu C. Sm.,h. hIS wlft.. theirh.df"3 and assigns fe(:orded '2~21-66 in Book: En Page 994 PROPERTY ADDRESS: 3 SOUTH HUMER STREET, ENOLA, P A 17025 TAX PARCEL: #09-14-0834 , ' LEGAL DESCRIPTION . ALL THAT CERTAIN OR rrECE OF LAND l.OCATED ON THE SOUTH SlOE OF THE STATE ROAD, PLAN OF; LOTS Of WEST ENOl-A, EAST PENNSBORO TOWNSHIP, CUMBERI-AND COUNTY, PENNSYI-VANIA, SAil) LOT fRONTING FlFTV (SO) FEET ON SAil> ltIGHWAY AND EXTENDING SOUTHWARD,AN _EQUAb~~WIOT"ONE HUNDRED fORTY-TWO (142) fEET TO A fifTEEN (IS) fOOT WIDE AI-LEY, ANIHfETNG I-OT NO. 6, SECTION "C", PLAN Of WEST ENOLA, SAID PUN BEING RECORDED IN THE RECORDER'S OfflCE OAT CARLISLE IN rLAN BOOK NO, 8, PAGE 70, IT BEING PART Of THE SAME PROPERTY CONVEYED TO MAUDE H. BRINTON BY DEEDS Of fARMERS TRUST COMPANY EXECUTOR Of CELEB S. BRINTON. DECEASED, AND RECORDED IN 12 uP" 329; Of E. W, BRETZ, SHERiff OF CUMBERLAND COUNTY, RECORDED SEPTEMBER 29, 1945: AND c. N. UGGElT AND WIFt~ RECDRDEOSEPTEMBER29,1945, TilE WITIlIN PROPERTY 'S SOLO SUJECT TO A RESTRICTION THAT NO BUILDING SIlALL BE ERECTW THEREON WITHIN TWENTY.fIVE (15) fEET Of SAID STATE ROAD; AND NO BUILDING SIIALL BE ERECTEIl THEREON UNLESS ON A SOLD FOUNDATION, AND SHALL CONSIST Of NOT LESS THAN fOUR ROOMS. Vesti"21.f.rin..tiOn; ~e5(ed ~y; Warranfy ~~ dated 4-1:-51 .gilrlen by Maude 1-1. Brinton and Martin A. Bridtod, hu husbaod to Many J. Smidt and AllC:e C. Soiith, hIS Wife, their hc.n: aad .ssigtts. recQrded 11-21-06 in BooK: E22 Page 994 PROPERTY ADDRESS: 3 SOUTH RUMER STREET, ENOLA, PA 17025 TAX PARCEL: #09-14-0834 , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2076 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERES AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME EQUITY LOAN TRUST, Plaintiff (s) From ALICE C. SMITH (I) 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 issned; (b) the garnishee(s) is enjoined fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $51,301.74 L.L. $.50 Interest FROM 611 7/04 TO 12/8/04 (PER DIEM - $8,43) - $1,466.82 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $120.35 Other Costs Plaintiff Paid Date: JUNE 18, 2004 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 Real Estate Sale #01 On July 06, 2004 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 3 South Humer Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: July 06, 2004 By:~" (t'-j SMAiL \ Real Estate Deputy ~ ~ ~ \ I ';" 'J,j H'!t€SII lZHnr ,~.H':i , nilJ ~;j:.t;=:<i" .' _l~_;;j..:.W REAL ESTATE SALE No. 01 Writ No. 2004-2076 , CIvIITerm Manufactur8rs lIIid 1i'aders -.rust Co. as Indenture Trustee for the BeltefIt of the CertIfIcate Holders of Soundvlew Home 'Equhy Loan TrVS\'999-' , VSI',. , " Alice C. Smlffi Ally: Frank Fed....man ":;' "",'ft.-J}'/:;;'"!:",:-",," DESCRIPTION Au. mAT CERl'AIN tract or piece of land locattd on the south side of the, State 'Road, Plan of LoIS of West Enola, East l'ennsboro Township, Cumberland County, Pennsylwnia. said Lot fronting fifty (SO) fW on said highway and exiendmg soutbwaril an equa! width one hundred , furty-two (142) feet to . lifleen (15) foot wiae alley. and being Lot No.6, Section ''C", Plan of West Enola, said Plan being reconled in the Recorder's Office at Carlisle in Plan Book No.8, , Page70. " , . , IT BEING part of.the "''''' pi\lperty Conveyed to MBude H. Brinton hi deeds: of Fanners Trust Company, Executor of, Celeb S. Brinton, deceaSed, and reconled in' 12 '1'" 329; of E. W, Brett, Sberltf of Qunbedand County, reconled Septe1nber 29, 1945; ani! C, N. Liggett and wife, reconled Sep,teiDber 29, 1945.; , TIlE WITIIlN pl'Openy is sold subject In a restriction that no, J!uilding sba1l be erected- . thereon wilhin, twerii;-five (25) feet of said Slate Road; and no buiIdini sba1l be erectedt!ilireon unless on a sOlid foundanoJl, and sba1l consist of . .not~lhanfuurlOOlllli, ' VFSTED BY Wan>nty Dood dared 4/171$1,. en. by MBude H. Brinton and ~M. , ton, her bnsband, to 1Ia1Ty 1. Smith andAlke " . ~1blir' _ _ - ill_m2~-994. ~ · Enola, PA 17(!Jj~S: j SOUlh JI...... Shtel; TAX PARCEL #09-14-0834, . Os ty , REAL ESTATE SALE NO. 1 Writ No, 2004-2076 Civil Manufacturers and Traders Trust Company, as Indenture Trustee for the Benefit of the Certificate Holders of Soundview Home Equity Loan Trust 1999-1 vs, Alice C. Smith Atty.: Frank Fedennan LEGAL DESCRIPTION ALL THAT CERTAIN or piece of land located on the South side of the state road, plan of: Lots of West EJlola, East Pennsboro Township, Cumberland County, Pennsylvania, said Lot fronting fifty (50) feet on said highway and extending south- ward an equal width one hundred f()rty-two (i42) feet to a fifteen (15) f<>ot wide alley, and being Lot No, 6. Section 'C', Plan of West Enola, Said Plan being recorded in the Re- Co rder's Office oat Carlisle in Plan Book No, 8, Page 70. It being part of the same prop- erty conveyed to Maude H. Brinton by Deeds of Fanners Trust Compa- ny Executor of Celeb S, Brinton, de- ceased, and recorded in 12 "P" 329; of E;, W, Bretz. Sheriff of Cumber- land County, recorded September 29, 1945; and C, N. Liggett and wife, recorded September 29, 1945. The within property is sold sub- jed to a restriction that no building sh Ill! be erected thereon within tw~nty-five (25) feet of said state l"oad; and no building shall be erect- ed ther~on unless on a sold foun- daiion. and shall consist of not less than four rooms, Vesting Information: Vested by: Warranty Deed dated 4-17 -51, given by Maude H. Brinton and Martin A. Brinton, her husband to Hany J. Smith and Alice C. Smith, his wife, their heirs and assigns re- corded 12-22-66 in Book: E22 Page 994. PROPER1Y ADDRESS: 3 South Burner Street, Enola, PA 17025. TAX PARCEL: #09-14-0834. .