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HomeMy WebLinkAbout10-7224~ ~' '~R ~ M ~ ~' ~ r ~ of ~ ~d rn °x += _ ~'. ~ _ ~ ~,. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back 3 ADA Irvine, California 92618 v. Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 and Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 and United States of America c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number I - / _/ ~M /0.,~~~ CND CIVIL ACTION/MORTGAGE FORECLOSURE s 9a.oo pd ~a ~,~~ ~ ~-,676 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de platy al partir de la fecha de la demands y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuer la demands en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Leslie Smith, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 101 South Enola Drive, Enola, Pennsylvania 17025. 3. The Defendant is Cindy M. Smith, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 101 South Enola Drive, Enola, Pennsylvania 17025. 4. On Mazch 4, 2009, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $136,940.34, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 2009-01364, in favor of the United States of America against Leslie Smith, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 5. Notice of this lien was filed on March 4, 2009, at the Office of the Prothonotary of Cumberland County, by the United States ofAmerica, Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and mazked as Exhibit "A". 6. On Mazch 9, 2010, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $3,791.40, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 2010-01661, in favor of the United States of America against Smith Leslie and Cindy M. Smith, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 7. Notice of this lien was filed on Mazch 9, 2010, at the Office of the Prothonotary of Cumberland County, by the United States of America, Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and mazked as Exhibit "B". 8. On March 4, 2009, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $20,176.78, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 2009-01363, in favor of the United States of America against Smith Leslie and Cindy M. Smith, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 9. Notice of this lien was filed on March 4, 2009, at the Office of the Prothonotary of Cumberland County, by the United States of America, Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "C". 10. By the filing of this action, Plaintiff seeks a judicial sale of the premises hereinafter described. 11. On July 30, 2005, Leslie Smith and Cindy M. Smith made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1918, Page 3838. 12. The aforesaid mortgage was thereafter assigned by American Home Mortgage Servicing, Inc. as successor-in-interest to Option One Mortgage Corporation to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 13. The premises subject to said mortgage is described in the legal description attached as Exhibit "D" and is known as 101 South Enola Drive, Enola, Pennsylvania 17025. 14. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 15. The following amounts aze due on the mortgage: Principal Balance $ 63,136.41 Interest through October 7, 2010 $ 1,720.89 (Plus $9.08 per diem thereafter) Attorneys Fee $ 1,250.00 Corporate Advance $ 193.00 GRAND TOTAL $ 66,300.30 16. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regulaz mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands an in rem Judgment against the Defendants in the sum of $66,300.30, together with interest at the rate of $9.08 per diem and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property and that the lien of the United States of America be discharged. McCABE, W AND CONWAY, P. B ~. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back v. Leslie Smith, Cindy M. Smith and United States of America 10-13-'10 14:23 F~'1- T-906 P0039/0046 F-921 OS Iritema{.Revenue Service • Department of the Treasury - ~ 6ae n)t~) lrotic~e o~ F4ciaral Tax i~ tR~V. f~hruiry 20D41 ~~ • Serial Number fcr Opnonwt lhs Area: ~,~ P~ «/gay atdA~LL Hvszrrsas/ssi~ ~'l+oYSD ~- #a 519446309 Lien Unit pFiorte: (840) 923-6050 CIZ.. 33~ Ati pronr~i M!/ aac~sn f3tt, 63tZ, and 63Y3 of the N:an:N Kea tod~, rrs arrn ~ri^s a uolibar dnt tmorttc ti:du~c ~ ~ ~ ~ a ~ ? o ~ haw boon awairati aBMdt ~ ~ ft . 't'~feer, a drwanA iwor ~n^art nt ~ Yai~ltlr, dtare b a Maw in httw' of dN tMkad &aqt op aM p>rep~h ~ do prap~tl- brrlan~le8 to 1~Y fat:f8ayre' liar dM atnwt oil !~ ts>aas, at~d pip, i:we'ntR, and caw thu >~- actnat• . ame o axpeyei' • ~ ',; ~ Residence 101 i3NOLA DR r~ ~ BNOLA, PA 17025-2707 ~c -v IMlCltTAWI' ~LEA~ ~pitl~~iA7101i: For each asseamern feted below, ~ t;a unless notice of flla ~Srt is rsfYad by the dots pivsn in column {s), thk nottas shall, o ein the day foliow4p such' date, apsrste as a certificate of rsleaee as defined ,~. in IftC il3Zt3iai. L~1E01' ~ Kind a~ Taoc •~ I~ Ids ~' d a a c 1040 12/31/1996 XX7C-XX-9616 04/15/Z002 05/15/2012 1x01.1.3 1040 12/31/1997 713QC-7C]C-9616 03/18/2002 04/17/2012 4520.63 1040 12/31/199$ XX![-XX-9616 03/18/2002 04/17/2012 3342.21 1040 12/31/2003 XXX-~C-9616 03/31/x008. 04/30/2018 70944.06 7.040 12/31/2004 7IXX-7Ui:-9616 03/31/x008 04/30/2018 56932.31 Piaca of Filing Prothonotary Cumberland County Carlisle. PA 17013 Total ~$ 136940.34 This notice wax prepared and signed at DSTROIT, MZ , on this, tha x3rC1 day of February 2009 Signature ~pg pggl~g 22-06-7.442 for DAVID 11R. 9I~tOYBR {71.7) 777-9625 x13x0 ~d GrtiflCato of offioar suttari:ed by Ipw to tsko acknowladpnront b not aas~niol to tl» valklity of Plotle~ of FBI Tot flan r p~v. Rul. 71.4$8, 1971 - Z C.B. 409) yN- For i+1~t~'3 ) ~~ 2- CRY i ~~N 1 ~ ~~NI ~ a.~..~.ar~e [fllree ., 9 c ' C,~ '• ~~ ~ 1~-13-' 10 14; 23 F]~Oh]- _. 24~ Por>t1 66i (1C)(t) iRsv. Fatxuuy 2004! T-906 P0091/0046 F-921 bepartment of the Treasury -Internal Revenue Service ~ottc~ of F~dar~d T~uc L,~n Arse: Serial Number SMALL HUr3I~SS/88LF BMPIAYBD AR»I- (#2 630411110 Liar Unit Phone: (800) 913-6050 /~ ~ (,y faction 63~ ii, 63Ax; a~ b323 of the lalterrul Rs~frmuse Cak, w. are a>t a nntia that texas (IndadMs innlrast and hwe 6ar,n asaasa~d + dra ~~~ . Mh iliaw Mlsds a denaalld br paw o[ title gab~igr, brt it remains anpaid. Tim. thin Es a Nan M favor' of tIN United States an ap prapm'tY ~ ~~ ~ property bebla~r to tick taxpayer far ~ aarount of tiMae texas. acid allditiOnal penaidos, • and taste that gN1y a~ctrue. ~~'t9. c>v l~c.-L.. C# qd ~ 2.a ~ $~~c~ Residence 101 BNQLA DR ~NQT,A, AA 17025-2707 Ih! etrOiiiTAlrT tRE ~IheTIf~3M~Fw necdwn ~m~lie~ shill, on the day foilow~g such date, Operate as a artiflcate of rebaae as defined M IRC e32lS(a-. ~! Of i,astfar Kfnd of Tax Taxperlod Identifying Number /btaanent ,_. 1040 12/31/2007 XXX-XX-9616 11/23/2009 •12/23/2019 ~~t 3791.4 ~: • ~ ~~ ~ L. ~ • -q 3 . ~ ~ ~j Y~ ~ r'n 01 Place of Filing Prothonotary Cumberland County Total $ 3791.40 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MT , on this, . the OZnd day of Maroh 2010 ~, Signature A. ~,gNQB RLP 22-OS-2218 fdr pATRZCK D[1MM (610) 898-a9Z5 (110T6t Certiflcsa of officer authorl:ad by law to take acknowtadyment Is npt aasentlei to the velldity of Notion of Federal Tax Ilan Aav. Rul. 71-480, 1871 - 2 C.B. a09! Form edam() (Rev. z-2004! ~st't 1 - IG~Pt itif-1Eea OIII~ s, T-906 P0043/0046 F-921 10-13-' 10 14:24 FFiOi`9- 4 pepartment• of the Treasury -Internal Revenue Servlae ~, ass mc~~ ~iotiae v! Feaerat Tax iii o q_ ~ r~ Iitev. Frt>tiMY zooAl up, ~ ~" OMce '" 3eriai Number Area: _ ~ + ~/q,re ~PIJdYBD AREA ~Z 1;1944609 ~ii, P~ ( ~ 8001 ii~ PAOr1A7 9 ~ d igt swan i33i, 6333, ~ 63Z3 d tike 1~11i tlE,. 33s'~ Cash, we airs wins ~ aetioe tint tazaaz E~1~ MteerR and ) n ~ a / FG G iww 6~an a•M~d ~ dM ', Wi ilalw titwh ~Gtcr ' I1Mraiel'~, a Aan~and i1'o~ ~ et tLb IM~!-. ~ k test gn*iiid• to tUMI is ~ptOrw' i~ >~ aeiount dd~e tames. ~d ad~do~ , ,+ and caab brat ~ aa~- ame o axpayer & I Y M SMITH ~Y Residence 101 fi;NOI,A DR ~' .~ gNpLA, PA 17025-2?07 C, ~ il+IMORTAr11"f' 1~OfiieMATiQIis For awh asMSmutt fisted blow, ths'dau qtv~ in oolttinn lei, this rWtiOa ihsll, id b i i ro y s r at uNgss rlotlae Of the f on the~y fdlvwinp suah dsta, operate as a aeRificaa of relates as deflnsd • ~ rV in IFfC 6336{s). T ~ Dated l,atk~' Kitd d Tax I 1~ntMylrK Nalln>Nr A~ a ~ a ~ 012 3344.47 1040 1$/31/1998 XIixC-XX-9616 6 67 09/30/a00x 09/30/2002 10/30/x 10/30/2012 2 1040 ].040 12/31/x000 12/37./x001 . XXX-7i;X-9 7L7GL-X7[-9616 08/30/200x 10/30/xOlx 06/27/2017 77.24 13851.94 1040 12/31/x006 X7CK-XX-967.6 05/a8/x007 Piaas of Filing Prot:hvnaeary Cumber~.and County Carliigle, PA x7013 DETROIT, ~'1I 'this notice was prepared and signed at Total ~$ x0176.78 on this, ~ 23rd day of February 2009 _~. Signature {~ / f . Yy~;x far DAVID M. $SROYBR (~ fIo•te of oMtoer autharlr Rev. Rui. ~t-aea, ~s7i - z c.B. 4ooi (717) ?77-95x5 ; by iew to taK~ ~oknowledprnent Is not es~aniai to tNe v ~n< ~ - lco: a Neoat~elt Ollfa 2Z-06-1442 :1320 Ndity a! No~tloe or Fidel Tax lien 'f,'dMk ~ ~,.,"~' ~re~l ~„ ¢. ~ ti~ - _H Ex~ h!b!~Q, Legal Description TRACT NO.1 All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit; Begininning at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road; North 69-3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the estern line of said proposed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands, now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the western line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, tha place of Beginning. TRACT N0.2 All that certain lot or piece of ground situate in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a pin at the southwest corner of other lands now or formerly of Norman F.Shuey, Jr. and Beatrice G.Shuey; 38 Feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive, thence north and along the eastern side of said drive, 34 feet, more or less, to the place of Beginning. Tax ID - 09-15-1291-079 For Information Purpose only: Property AKA 101 S. Enola Dr. Enola, PA 17025-2707 Report Date 10/18/2010 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?t3?tii qt urr+brr'444 ?F c ?rGF?iaF i.n r-- ^-i N c? ca 1"Ct c-? W Ssrr lta --t M `Z_ (7D C-3 T-11 M Deutsche Bank National Trust Company vs. Leslie Smith (et al.) Case Number 2010-7224 SHERIFF'S RETURN OF SERVICE 11/17/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United States of America, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/18/2010 07:03 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1903 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Leslie Smith, by making known unto Joe Smith, Son of defendant at 101 S. Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, EPUTY 11/18/2010 07:03 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1903 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Cindy M. Smith, by making known unto Joe Smith, Son of defendant at 101 S. Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 11/22/2010 01:32 PM - Dauphin County Return: And now November 22, 2010 at 1332 hours I, Jack Lotwick, Sheriff of Dauphin 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: The United States of America by making known unto Chrissy Gerber, Legal Assistant for The United States of America, 228 Walnut Street, Federal Building, Harrisburg, Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $82.50 November 29, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RON R ANDERSON, SHERIFF ;Cj CcuotySuite Sheriff T'eecso9t. Inc. Cj)tfirg Of the *1jerr ff William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DEUTSCHE BANK NATIONAL TRUST COMPANY VS UNITED STATES OF AMERICA Sheriff s Return No. 2010-T-3516 OTHER COUNTY NO. 20107224 And now: NOVEMBER 22, 2010 at 1:32:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to CHRISSY GERBER 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT STREET FEDERAL BLDG HBG PA 17108 LEGAL ASSISTANT Sworn and subscribed to before me this 24TH day of November, 2010 -)P*62 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of Dauphin County, Pa. By C'k A M&J?,.-- Deputy Sheriff F'r Deputy: S SCHAEFFER Sheriffs Costs: $41.25 11/22/2010 Vh McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back Plaintiff V. Leslie Smith, Cindy M. Smith and United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff CUMBERLAND COUNTY - - C= COURT OF COMMON PLEAS = c S - M "'?7*7 M f i > `? S Number 10-7224 CIVIL : ? p 52 -n ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter, judgment by default in favor of Plaintiff and against Defendants, Leslie Smith and Cindy M. Smith(ONLY), in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 66,300.30 Interest from 10/08/10 to 02/01/11 $ 1,062.36 Total $ 67,362.66 TERR NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this 0 day of 2011, Judgment is entered in favor of Plaintiff, Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back, and against Defendants, Leslie Smith and Cindy M. Smith, and damages are assessed in the amount of $67,362.66, plus interest and costs. pU • o ftl. DU P-J, w I Sb@ V BY THE PROTHONOTARY: 11 4r I 3 a ?a .J ? i. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back Plaintiff V. Leslie Smith, Cindy M. Smith and United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants SS. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendants, Leslie Smith and Cindy M. Smith, 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 Act of Congress of 1940 as amended; and that the Defendant, Leslie Smith and Cindy M. Smith, are over eighteen (18) years of age, and reside as follows: Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED BEFORE ME THIS _3rd_ DAY OF February-, 2011 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Megan C. Padlucci-notary Public City of Philadelphia, Philadelphia County 1MY COMMMION MRES JAN. 06, 2014 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-7224 CIVIL Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back Plaintiff V. Leslie Smith, Cindy M. Smith and United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-7224 CIVIL CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants, Leslie Smith and Cindy M. Smith that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS _3rd_ DAY OF February-, 2011 NOTARY-'PUBLIC t OMMONWEAL M CF FEh,NSYI_VAN'7,a NOTARIAL SEAL Megan C. Peoluccl-Notary Public City of Philadelphia, Philadelphia Coµrdy My COMMISSION EVIRES JAN. 06, 014 G j? 1 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. TERRE CE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 51117 0 OFFICE OF THE PROTHONOTARY } 0 COURT OF COMMON PLEAS Cumberland County. Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary December 10, 2010 To: Leslie Smith 101 South Enola Drive j + . I n Enola, Pennsylvania 170251 Deutsche Bank National Trust Company, as Cumberland County Trustee for Soundview Home Loan Trust Court of Common Pleas 2005-OPT3, Asset-Back vs. Leslie Smith Number 10-7224 CIVIL Cindy M. Smith United States of America NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A USTF,D SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER WRITTEN APPEARANCE.PERSONALLY.OR BY ATTORNEY AND FILE IN. PRESENTADO UNA COMPARECENCiA . ESCRITA, YA SEA WRITING WITFF THE COURT Y.OUtt DPFENSE$; OR; OBSGCTIONS TO THE PERSONKLMLNTE Q PORABOGADO Y-P OR'IJOHABER;RADICADO POP. CLAIM'S SET FORTY AGAINST YOU. UNLESS YOU ACT WITHIN TEN (90) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LOS DAYS FROM 114E DATE OF THIS NOTICE, A XbOMENT MAY BE ENTERED ' RECLAMOS FORMULADOS FN CONTRA SUYO. AL NO TOMAR LA AGAINSTYOU WITHOUT A HEARINGAND YOU MAY LOSEYOUR PROPERTY ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU COMPARECER USTED EN CORTE U OIR PREUSA ALGUNA, DICTAR DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIA FN SU CONTRA Y LISTED PODRIA PERDER BIENES UOTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DFAF,CFIOS IMPORTANTES. HIRING A LAWYER. USTED LE DF.BL• TOMAR ESTE PAPEL A SU ABOGADO IF YOUCANNOTAFFORDTOHIREALAWYER,THIS OFFICEMAYBEABLE INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TOPROVIDEYOUWITHINFORMAT70NABOUTAGENCIESTHATMAYOFFER TELEFONEA LA OFICINA EXPUSO ABA]O. ESTA OFICINA LO PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Cumberland County Bar Association SI USTED NO PUEDF PROPORCIONAR PARA EMPLEAR UN AROGADO, 2 Liberty Avenue ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Carlisle, Pennsylvania 17013 INFORMACIdNACFRCAIXLASAGENCIASQUEPUEDENOFRECERLOS (800) 990-9108 SFRVICIOS LEGALES A PERSONAS ELEOIBLES EN UN HONORARIO REDUCIDO NI NINGUN FONORARIO. Cumberland County Bar Association 2 Liberty Avenue a 17013 (800) 990-910 A me or Plaintiff NCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE hm sv?m OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary December 10, 2010 To: Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back Vs. Leslie Smith Cindy M. Smith United States of America Cumberland County Court of Common Pleas Number 10-7224 CIVIL la NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAUI.T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTQRNEY AND. FILE IN WRITING W]T1L: THE COURT YOUR pEFENSES. OR OBJECTIONS T0, THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE'DATF, OP THIS NOTICE; A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIOHTS. YOU SHOULD TAKK THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. *I71IS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFrORD'rO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TOPROVII)EYOU WITHINFORMATIONABOUT AGENCIES THATMAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR'MMADO Y PORNO FLABER.RAM ADOTOR EsCRITb'CON ESTE TmBLINAL SUS DEFENSAS'U OBJECIONES A LAS RECL.AMOs FORMLIL.ADOs EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TI RIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y UST'EL) PODRIA PMER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO 1NMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TEL.EFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLA CON INFORMACION ACERCA DE LAS AGENCIA.S QLIE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS F.LEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue __-7Carlis1c, Pennsylvania 17013 T J. McCABE, ESQUIRE S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 10-7224 CIVIL Leslie Smith, Cindy M. Smith and United States of America c/o United States. Attorney for the Middle District of Pennsylvania Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Proth ary x Judgment by Default - Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway. P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 10-7224 CIVIL Leslie Smith, Cindy M. Smith and United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Pr tary X Judgment by Default Money Judgment - Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: United States of America c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 10-7224 CIVIL Leslie Smith, Cindy M. Smith and United States of America c/o United States Attorney for the Middle District of Pennsylvania Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ro otary X Judgment by Default I Money Judgment - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisbery?and Conway P.C. at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back. Plaintiff V. Leslie Smith, Cindy M. Smith and United States of America Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-7224 CIVIL PRAECIPE FOR SUGGESTION OF NAME CHANGE TO THE PROTHONOTARY: C= rn? r ± Ga '7=P C) _T1 g o C) C O --ice` - 4 .__ _C cs It is hereby suggested of record that Plaintiff's name has changed and is now known as Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3., and that the caption of the matter shall now be Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 v Leslie Smith, Cindy M. Smith and United States of America. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE ( EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7224 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 Plaintiff (s) From LESLIE SMITH, CINDY M. SMITH AND UNITED STATES OF AMERICA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,362.66 L.L.$.50 Interest from 02/02/11 - - $2,413.26 at $11.07 Atty's Comm % Atty Paid $215.00 Plaintiff Paid Date : 03/23/2011 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs 7? 1: z: -,, Buell, Prothonotary By: Deputy Name: F,.DWARD D. CONWAY, ESQUIRE Address: NICCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34687 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 V. Leslie Smith, Cindy M. Smith and United States of America L .S C_ FILE NO.: 10-7224 CIVIL Civil Term.,sm CO r_n rl AMOUNT DUE: $67,362.66 INTEREST: from 02/02/11 $2,413.26 at $11.07 ATTY'S COMM.:= COSTS: t. r ;.I 1,71 :ic c? cr• r? r?'r r:y s rj.. CD u - C) TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 101 South Enola Drive Enola, Pennsylvania 17025 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of e defendant(s) described in the attached exhibit. /? / DATE: March 16, 2011 aa. So COO ga,op 1`.co M Q Sb „„ PIS tn-PA t Signature: ?'.6 LX. ?/ L Print Name:MCCABE, WEISBERG AND Address: 123 S. Broad Street, Suite 2080 i Attorney for: Plaintiff Telephone: (215) 790 Supreme Court ID No. . 56 C? 13s1ay s IPgla.Q Lk ? 0 1?- 21e Z,_?<SMccl AY .0 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 3468 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 Plaintiff V. Leslie Smith, Cindy M. Smith and United States of America Defendants Attorneys for Plaintiff = - i ccn) tV L Fp C-) ; - c cz) CUMBERLAND COUNTY COURT OMMQN PLEAS 6 NO: 10-7224 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 101 South Enola Drive, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Name and address of Defendants in the judgment: Name Address Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4 5 Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Option One Mortgage Corporation 3 Ada Irvine, California 92618 Name and address of every other person who has any record lien on the property: Name Address Unnited States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh, Pennsylvania 15222 United States of America Bureau of Compliance Dept 280946 Harrisburg, Pennsylvania 17128 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 101 South Enola Drive Enola, Pennsylvania 17025 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address None 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 statemen rein are ma subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to a orit' s. March 16, 2011 TERRENCE J. McCABE, ESQUI DATE MARC S. WEISBERG, ESQ EDWARD D. CONWAY, E QU E MARGARET GAIRO, ESQ Attorneys for Plaintiff 1. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 V. Leslie Smith, Cindy M. Smith and United States of America Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-7224 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 M °''.. < C-) C) 1 _ ` p Q r-r-, Your house (real estate) at 101 South Enola Drive, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on September 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of 567,362.66 obtained by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 I . 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CON NAY, ESQUIRE - ID # 34687 MARGARET GAIAO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Penn:•vlvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset.-Backed Certificates, Series 2005-OPTS Plaintiff V. Leslie Smith, Cin; y M. Smith and United States of America Defendant FdL'ED-0'r' Cis THE PROTHONOTAR`i1 ZC I,U A 1. ,Attorney for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-7224 CIVIL AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 30th day of June, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set fo1 h in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of thr Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUB`?CRIBED BEFORE ME THIS C +h DAY OF 6t)1t ,2011 , McCABE, WEIS G is CONWAY, j.C. NOTAR PUBLIC Attorneys f a Ti ?/,/ C f?{MQNWEA[.TH ',IF PENNSYLVANIA By: G'-t.-.? N O -I°A F-? = A L. SEAL TERRENCE J. McCABE, ESQUIRE - ID # 164 Megan C. i?a0 ucci - Notary Public MARC S. WEISBERG, ESQUIRE - ID # 176),6 City of Phile0elphia, F'hi.adeiphia County EDWARD D. CONWAY, ESQUIRE - ID # -'(46 MY C©!UfdlSSidN EXPIRES JAtJ, 06, 2014 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 Plaintiff v. Leslie Smith, Cindy ' 4. Smith and United States of America De `endants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-7224 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigi.ed attorney for Plaintiff in the above action sets forth the following information concerning the real property locate: d at 101 South Enola Drive, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution wa: filed. A copy of the description of said property is attached hereto. Nara and address of Owners or Reputed Owners Name Address Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Name and address of Defendants in the judgment: Name Address Les'.e Smith 101 South Enola Drive Enola, Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 3 4. 5 6. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plai stiff herein Name and address of the last recorded holder of every mortgage of record: Nan ae Address Option One Mortgage Corporation 3 Ada Irvine, California 92618 Name and address of every other person who has any record lien on the property: Narne Address Unn:ted States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh, Pennsylvania 15222 Department of Revenue Bureau of Compliance Dept 280946 Harrisburg, Pennsylvania 17128 Name and address of every other person who has any record interest in the property which may be affected by the sale: Nare Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in tf. property which may be affected by the sale: Name Ten:.nts/Occupants Commonwealth of Pennsylvania Address 101 South Enola Drive Enola, Pennsylvania 17025 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL. Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Con pliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Doi, estic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 8. United States of America c/o U.S. Dept of Justice, Room 5111 Attu General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Attu, General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address 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. McCABE ERG & CO./ ' P.C. June 30, ATE 2011 _ Attorneys tn'_' D By: / TERRENCE J. McCAB , IRI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 Pl..imtiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Leslie Smith, Cindy M. Smith and United States of America Defendants DATE: June 30, 2011 TO: ALL PARTIES n4 INTEREST AND CLAIMANTS Number 10-7224 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Leslie Sm;'h, Cindy M. Smith and United States of America PROPERTY: 101 South Enola Drive, Enola, Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests i'n the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribu, on will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distributio, will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. 00 ?l O? U A W N H+ r `50 ^* - cn eo ? 8 ? eD ? j? eD "p y WWI I. m Vl" dry = C 'r a a b .. ^•v . d G F m A Opp ~ ? = ? D • e •' A7 ? 0 y im V . iy C/1 ? O ? ? °! W 0 M a ?• ' C axboovn ? O xda?r b?vcc ?1 Wo D) b O=f r - m eD .S C O 3 T O O "'3 C A O O `? ? eD = O ? ' c ? B y =:s r) < -S eD '. m'SJ,q A y 3 '.0 m lD Z? a 3?0 ,..s .Z ? pi Zv•?? 'Z 8 BCD ? O = A ? rn'N? ? y y y.•* C c? 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A ° K A 00 d C ? 0" A N V W m ? c 3 0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff g ; "V Jody S Smith Chief Deputy Richard W Stewart ;,`._IB? i, Solicitor Deutsche Bank National Trust Company Case Number vs. Leslie Smith (et al) 2010-7224 SHERIFF'S RETURN OF SERVICE 06/23/2011 03:54 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Cindy Smith (f) (Spouse), who accepted as "Adult Person in Charge" for Leslie Smith at 101 S. Enola Drive, East Pennsboro Township, Enola. PA 17025, Cumberland County. 06/23/2011 03:54 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personallly handing a true copy to a person representing themselves to be the Defendant, to wit: Cindy M. Smith at 101 S. Enola Drive, East Pennsboro Township„ Enola, PA 17025, Cumberland County. 06/28/2011 Ronald E. Hoover, Deputy Sheriff„ being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 101 South Enola Drive, Enola, Cumberland County. 09/01/2011 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 09/12/2011 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/7/2011 12/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $^,034.83 SO ANSWERS, January 20, 2012 RON R ANDERSON, SHERIFF ?'?'l .r 6 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - II) # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee CUMBERLAND COUNTY COURT OF COMMON for Soundv iew Home Loan Trust 2005-OPT3, PLEAS Asset-Backed'. Certificates, Series 2005-OPT3 Plaintiff V. Leslie Smith, Cindy M. Smith and United States of America Defendants NO: 10-7224 CIVIL AFFIDAVIT PURSUANT'I'O RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 101 South Enola Drive, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 2. Name and address of Defendants in the judgment: Name Address Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 'i Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Option One Mortgage Corporation 3 Ada Irvine, California 92618 5. Name and address of every other person who has any record lien on the property: Name Address Unnited States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh, Pennsylvania 15222 United States of America Bureau of Compliance Dept 280946 Harrisburg, Pennsylvania 17128 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Address 101 South Enola Drive Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 1 10 North 8` Street Suite #204 Philadelphia, PA i9107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 1 7 1 05-8486 A& PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATT'N: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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 statemen rein are ma subject to the penalties of 18 Pa.C.S. MARGARET GAIRO, ESQ At torneys for Plaintiff Section 4904 relating to unsworn falsification to a orit? sMarch 16. 201:1 TERRENCE J. McCABE, ESQUI E DATE MARC S. WEISBERG, ESjj EDWARD D. CONWAY, E E McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL. ACTION LAW Deutsche Bank National Trust Company, as Trustee f'or Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Leslie Smith, Cindy M. Smith and United States of America Number 10-7224 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Leslie Smith 101 South Enola Drive Enola, Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola, Pennsylvania 17025 United States of America Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 Your house (real estate) at 101 South Enola Drive, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sate cn September 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $67,362.66 obtained by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-01IT3, Asset-Backed Certificates, Series 2005-OPT3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of distribution is wrong) are tiled with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION TRACT NO. I ALL THAT CERTAIN piece or parcel of land situate in East Pennsbom Township, Cumberland County, Pennsylvania, bounded and described as follows, to VAI: BEGYNNNING at a point in the southwest corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road, Noah 69-3/4 degreeb West, 142-1/'2 feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foot wide street, South 04 dues 30 minutes East, 113 feet to a point; thence along lands now or late of Edward B. McClure, North 96 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the westesm Una of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of BEG NNING. HAVING THEREON ERECTED a frame dwelling house known as 101 S, Enola Drive, Enola, Pennsylvania. TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Enola, East Pw=boro Township, Cumberland County, Pennsylvania, bounded and described asfollows. BEGINNING at a pin at the southwest earner of other lands now or formerly of Norman E. Shuey, Jr. and Beatrice G. Shuey; thmm east and still other lands Dow or formerly of Norman F. Shuey, Jr.and Beatrice G. Shuey, 38 feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the cast side of said drive; thence north and along the eastern side of said drive, 34 feet, more or less, to the place of BRO NNING. BEING known as Parcel Identification Number 09-15-1291-079. 101 South Enola Drive, Enola, Pennsylvania 17025. BEING the same premises which CINDY M. SMITH a married woman, by deed dated July 30, 2005 and recorded August 15, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2171, granted and conveyed to Cindy M. Smith and Leslie Smith, wife and husband. TAX MAP PARCEL NUMBER: 09-15-1291-079 WRIT OF EXECUTION and/or ATTACHMENT COMNIONWEALTH OF'PENNSYLVANIA) COUN fY OF CUMBERLAND) NO 10-7224 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: Tc satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2005-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT3 Plaintiff (s) From LESLIE SMITH, CINDY M. SMITH AND UNITED STATES OF AMERICA (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (?) 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 $67,362.66 Interesl from 02/02/11 - - $2,413.26 at $11.07 Atty's Comm % Atty Paid $215.00 Plaintiff Paid Date: 03/23/2011 (Seal) REQUESTING PARTY: Name: EDWARD D. CONWAY, ESQUIRE L. L.$.50 Due Prothy $2.00 Other Costs D. Buell Prothonotary By: Deputy Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony wtiereof. I r%ere canto set my hand and the Seal of said C4W att Cartiste, Pi . This c?... day of _? p d onotary c Telephone: 215-790-1010 Supreme Court ID No. 34687 On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 101 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 By: al Estat Coor inator A r '6?. CUMBERLAND LAW JOURNAL Writ No. 2010-7224 Civil Deutsche Bank National Trust Company vs. Leslie Smith Cindy M. Smith United States of America Atty.: Terrance McCabe TRACT NO.1 All that certain piece or parcel of land situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows, to wit; Beginning at a point in the south- west corner of the intersection of South Enola Drive and State Road; thence along the southern side of said State Road; North 69-3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street; thence along the eastern line of said pro- posed 16 foot wide street, South 04 degrees 30 minutes East, 113 feet to a point; thence along lands, now or late of Edward B. McClure, North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive; thence along the west- ern line of South Enola Drive, North 04 degrees 30 minutes West, 50 feet to a point, the place of Beginning. HAVING THEREONE ERECTED a frame dwelling house known as 101 S. Enola Drive, Enola, Pennsylvania. TRACT NO. 2 All that certain lot or piece of ground situate in Enola, East Penns- boro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows; Beginning at a pin at the south- west corner of other lands now or formerly of Norman F.Shuey, Jr. and Beatrice G.Shuey; 38 Feet to a point at land now or late of Dora Kohn; thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less, to line of land now or late of Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive, thence north and along the eastern side of said drive, 34 feet, more or less, to the place of Beginning. BEING known as Parcel Identifica- tion Number 09-15-1291-079 101 South Enola Drive, Enola, Pennsylvania 17025. BEING the same premises which CINDY M. SMITH a married woman, by deed dated July 30, 2005 and re- corded August 15, 2005 in the office of the Recorder in and for Cumber- land County in Deed Book 270, Page 2171, granted and conveyed to Cindy M. Smith and Leslie Smith, wife and husband. 61 .,,R- a. 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 15, July 22 and July 29, 2011 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. Lisa Marie Coy e, Editor SWORN TO AND SUBSCRIBED before me this da of July, 2011 - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My commission Expires Apr 28, 2014 The Patriot-News Co. '2020 Technology Pkwy Suite 31DO Mechanicsburg, PA 17050 Inquiries - 717'•255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue Patti* ot-News Now 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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 ind/or Sunday/ Community Weekly 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 uenall ui i,? Patriot-dews 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 QOPY This ad ran on the date(s) shown below: ' 07115/11 07122/11 07129111 n ^? Sworn to andh?bscribed b e me 'is day August, 2011 A. D. t f. 1 1'\ C,.. ?.. - Notary Public COMMONwEAUT FOF PENNSYLVANIA Notarial Seat j Sherrie L. Kisner, Notary Public Lower Paxton Up., Dauphin County i my Commission Expires Nov. 26, 2011 r IemhEr, {'rcns 4van1.? Association of Notaries V- 1910-224 " Uri" at'ftust 11AACTNO.1 parcel of land sitoat4 Etrs<p?sboto"Ib'?hlp to wit; ???: poitits•tilm?aoutl9west atnaKt oCt t bonection of Son& Enola and 9pIlE'PW* t1r along the sidtrofW State Road; North 69-314 degrees West, 142-1/2 ' feet to a proposed 16 foot wide street; thence along the eastern line of said proposed 16 foal wide street, South 04 degtees30 mid East, 113 feet to a point thence alotrg lands, now or late of Edwerd'B. Mt c,' f iotth 86 degrees 30 minutesBasE 128 stet to a point in the western lice of Sw& Enola Drive; thence gong the weaaetn line of South Enola Drive, North 04 degtas 30 minutes West, 50 fbet to a point, the place of Beginning. HAVING TREMNE ERECTED a frame, Ang hbuse Imo" as 101 S., Enok D Pennsylvania TRACE NO.,2 AD that certain lot or piece of ground situate in En* East Pennsboro Tbwnship, Cumberland County, P ylvan* bounded and described aslollunm Beginning at a pin at the southwest 0artler of other lands now or formerly of Nomaan EShuey, Jr. and Beat kel i.S*wy, 38 Feet to a point at laud now or late of Dora Kohn; thence south al*,Ii t-land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan; 66 feet,' more or less, tolice of land now or late of . Charles Yoke; thence east along a drive leading to the State Road, 20 feet, more or less, to a point on the east side of said drive, thence noO clad along the eastern s* of said drive, 34 feet, more or less, to the place of Beginning. BEING knownl Identification Number 09-15-IM-079 101 South Eaoea:Drive, Enola, Pennsylvao* 17025. BEING the same promises which CINDY M. SMITH a mat*d woman, by-deed dated July 30, 2005 and recorded August 15, 2005 in the office of the. Recorder in and for Cumberland County in Deed Book 270, Page 2171, *anted and conveyed to Cindy bL Said and Leslie Smith, wife and husband Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 10-7224 CIVIL AFFIDAVIT OF SERVICE Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust C") - 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 ; c.._ VS. _<1 q C 711 Leslie Smith, Cindy M. Smith and United States of America Commonwealth of Pennsylvania County of Dauphin ss. 1, Todd Kepner, a competent adult, being duly sworn according to law, depose and say that at 3:58 PM on 01/17/2013, 1 served Leslie Smith at 101 South Enola Drive, Enola, PA 17025 in the manner described below: ? Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Joseph Smith, Son. ? Adult in charge of Defendant(s) residence who refused to give name and/or relationship. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. ? an officer of said Defendant's company. ? Other: , true and correct copy of Notice of Sheriffs Sale of Real Property issued in the above captioned matter. Description: Sex: Male - Age: 20 - Skin: Black - Hair: Black - Height: 5' 09" - Weight: 160 Swo n to and sub ribed before me on this Todd Kepner _ day of 20 AOSS 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 Raft Jwu _ (516) 284-5850 N5TA PUBLI' COMMONWEALTH OF PENNSYLVANIA Atty File#: 51912 -- Our. File# 24085 NOTARIAL SEAL Kathryn S. Fogle, Notary Public Lower Paxton Twp, Dauphin County My commission expires Au just 13, 2016 Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 10-7224 CIVIL AFFIDAVIT OF SERVICE Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Backed _ w Certificates, Series 2005-OPT3 M .. ? vs. > 0 0 , C Leslie Smith, Cindy M. Smith <CD x,. and United States of America C- I -- --- C__ .. C 3 Commonwealth of Pennsylvania CIO County of Dauphin ss. I, Todd Kepner, a competent adult, being duly sworn according i to law, depose and say that at 3:58 PM on PA 17025 in the manner described b l E elow: no a, ve, 01/17/2013, I served Cindy M. Smith at 101 South Enola Dr ? Defendant(s) personally served. ® Adult family member with whom said Defendant(s) reside(s). Relationship is Joseph Smith. Son. [] Adult in charge of Defendant(s) residence who refused to give name and/or relationship. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. ? an officer of said Defendant's company. ? Other: a true and correct copy of Notice of Sheriff s Sale of Real Property issued in the above captioned matter. Description: Sex: Male - Age: 20 - Skin: Black - Hair: Black - Height: 5' 09" - Weight: 160 S4J o and su )1166?fe?before me on t. is day cf 20?. P. NOTARY PUB I C 1&-C-OWMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Kathryn S. Fogle, Notary Public Lower Paxton Twp, Dauphin County M commission expires August 13, 2016 Todd Kepner AOSS 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 Atty File#: 51914 -- Our F_le# 24086 MCCABE, WEISBERG & CONWAY,P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID it 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 -1 BRIAN T.LaMANNA,ESQUIRE-ID#310321 %� '�� 'a1�j ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109x _ (215)790-1.010 1 =`t Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for Soundview Home Loan Trust COURT OF COMMON PLEAS 2005-OPT3, Asset-Back Plaintiff Number 10-7224 civil term V. United States of America,Leslie Smith and Cindy M. Smith Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 9th day of April, 2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRI D BEFO ME THIS DAY OF 013 McCABE,WEISBERG & CONWAY,P.C. OT PUBLIC Attorneys for Plainti .0 NoN`Y 7 F MYAN NOTARIAL EEL By Barbara J. tye -Mary Public TERRENCE J.Mc ESQ - 6496 City of PhilaJpllia,Philadelphia Co1llrly MARC S.WEISBE ESQUIRE-ID#176 EDWARD D.CONWAY,ESQUIRE-ID#34687 W.COMMISSION EXPIRES JAN;12,20314 MARGARET GAIRO,ESQUIRE-ID#34419 0'AiNDREW L.MARKOWITZ,ESQUIRE-ID#2 09 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#30716 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 McCABE,WEISBERG & CONWAY,P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET CAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-In#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-1D#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1.400 Philadelphia,Pennsylvania 19109 (215)790-1010 Deutsche Bank National Trust Company,as Trustee for CUMBERLAND COUNTY Soundview Home Loan Trust 2005-OPTS,Asset-Back COURT OF COMMON PLEAS Plaintiff NO: 10-7224 civil term V. United States of America,Leslie Smith and Cindy M. Smith Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129,1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property locMed at 101 South Enola Drive,Enola,Pennsylvania 17025,as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Leslie Smith 101 South Enola Drive Enola,Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola,Pennsylvania 17025 2. Name and address of Defendants in the judgment: Name Address United States of America Federal Building 228 Walnut Street,P.Q.Box 11754 Harrisburg,Pennsylvania 17108 t4lie Smith 101 South Enola Drive Enola,Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive 228 Walnut Street,P.O.Box 11754 Enola,Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real.property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Option One Mortgage Corporation 3 Ada Irvine,California 92618 5. Name and address of every other person who has any record lien on the property: Name Address United States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh,Pennsylvania 15222 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Address Tenants/Occupants 101 South Enola Drive Enola,Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste. 220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept. of Justice,Rm. 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept.of Justice,Rm.4400 Atty General of the United States 950 Pennsylvania Avenue,NW U.S.Dept.of Justice Washington,DC 20530 8. Name and address of Attorney of record: Name Address None 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. McCABE,WEISBERG & NWAY,,P.C. April 9,2013 Attorneys for Plaintiff DATE - By: TERRENCE J.McCABE,E IRE-W#I MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-'D 34687 MARGARET GAIRO,ESQUIRE-ID#3144 419 OLANDREW L.MARKOWITZ,ESQUIRE-ID 8009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUA1L,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.La MANNA,ESQUIRE-ID#310321 ANNE.SWARTZ,ESQUIRE-ID#201.926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 i McCABE,WEISBERG AND CONWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Soundview Home Loan Trust CUMBERLAND COUNTY 2005-OPT3, Asset-Back Plaintiff V. Number 10-7224 civil term United States of America, Leslie Smith and Cindy M. Smith Defendants DATE: April 9, 2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: United States of America, Leslie Smith and Cindy M. Smith PROPERTY: 101 South Enola Drive,Enola,Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $67,362.66 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 5,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Check type of mail or service: :I r Name and Addressof•Sender El Certified ❑Recorded Delivery(?ntentational) v U.S.POSTAGE>>PITNEYBOWES McCabe,Weisberg and Conway,P.C. ❑COD O Registered e 123 S.Broad-St.,Suite 1400 0 Delivery Confirmation ❑Retum Receipt for,Merchandise Philadelphia,PA 19109 Express Mail O signature Confirmation 0 Insured �o ATTN: Bridget Atkinson ZIP 19109 $ 019.200 02 1" Lire Article N=bcr 51980 Postage 0001377494 APR 09. 2013 1 Deutsche Bank National Trust Tenants/Occupants COmDanv. as Trustee for 101 South Enola Drive Soundview Home Loan Trust Enola,Pennsylvania 17025 2005-OPT3,Asset-Back Plaintiff V. United States of America, Leslie D a Smith and Cindy M. Smith o a Defendants 19 2 2 Commonwealth of Pennsylva 1 �e1 Department of Public Welfare A 191109 Bureau of Child Support Enforcemen P.O. Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard 3 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8 Street Suite#204 Philadelphia,PA 19107 4 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Square Department#280601 Harrisburg,PA 17128 5 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O.Box 8486 Harrisburg,PA 17105-8486 6 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg,PA 17128-1230 7 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 : Harrisburg PA 17128-0948 i I I I .t 8 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg,PA 17128-1230 ATTN: Sheriffs Sales 9 United States of America Internal Revenue Service Technical SUDDort Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 10 Domestic Relations Cumberland County P.O. Box 320 Carlisle,PA 17013 11 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 12 United States of America Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 13 United States of America c/o Attv General of the United States U.S.Dept.of Justice,Rm.5111 950 Pennsvlvania Ave.N.W. Washington,DC 20530 14 United States of America c/o Atty General of the United States U.S. Dept.of Justice,Rm.4400 950 Pennsvlvania Ave.N.W. Washington,DC 20530 15 Option One Mortgage Corporation 3 Ada Irvine,California 92618 16 United States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh,Pennsylvania 1.5222 Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 16 McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-1D#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 r., rk ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 G — __4 HEIDI R.SPIVAK,ESQUIRE-ID#74770 -o � r n MARISA J.COHEN,ESQUIRE-ID#87830 rn KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 o BRIAN T.LaMANNA,ESQUIRE-ID#310321 r p ANN E.SWARTZ,ESQUIRE-ID#201926 �Y c—� �-r=a JOSEPH F.RIGA,ESQUIRE-ID#57716 C:) ' JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400-G `p Philadelphia,Pennsylvania 19109 (215)790-1010 Deutsche Bank National Trust Company,as Trustee for COURT OF COMMON PLEAS Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates, Series 2005-OPT3 CUMBERLAND COUNTY V. Number 10-7224 CIVIL Leslie Smith,Cindy M. Smith and United States of America CERTIFICATION OF SERVICE I,undersigned,attorney for the Plaintiff,hereby certify that I served a true and correct copy of the Notice of Sheriff's Sale,by United States Mail,regular and certified,on the 6th day of May,2013,upon the following: United States of America Federal Building 228 Walnut Street,P.O.Box 1 1754 Harrisburg,Pennsylvania 17108 Copies of the letter,certificate of mailing and certified mail receipt are attached hereto,made a part hereof, and marked as"Exhibit A". �--- McCABE,WEI G AND YA P.C. BY: [ J Terr nce abe . quire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Con w ,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Mar owitz,Esquire [ J Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire ' [ ] in T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ Brian T.LaManna,Esquire [ ]Ann E.Swartz,Esquire [ J Joseph F.Riga,Esquire [ J Joseph I.Foley,Esquire Attorneys for Plaintiff EXHIBIT A LAW OFFICES McCABE,WEISBERG&CONWAY,P.C. SUITE 210 SUITE 1400 SUITE 303 145 HUGUENOT T STREET 123 SOUTH BROAD STREET 216 HADDON AVENUE NEW ROCHELLE, 10801 (914)-636-8900 WESTMONT,NJ 08108 PHILADELPHIA,PA 19109 (856)858-7080 FAX(914)636-8901 (215)790-1010 FAX(856)858-7020 FAX(215)790-1274 SUITE 202 SUITE 100 4021 UNIVERSITY DRIVE 30 BUXTON FARMS ROAD FAIRFAX,VA 22030 STAMFORD,CT 06905 (866)656-0379 (203)992-8200 FAX(301)490-1568 FAX(855)425-1979 SUITE 800 May 6,2013 SUITE 130 312 MARSHALL AVENUE DELAWARE CORPORATE CENTER I LAUREL,MD 20707 ONE RIGHTER PARKWAY (301)490-3361 WILMINGTON,DELAWARE 19803 FAX(301)490-1568 (302)409-3520 Also servicing the District of Columbia FAX 855-425-1980 United States of America Federal Building 228 Walnut Street,P.O.Box 11754 Harrisburg,Pennsylvania 17108 Re: Deutsche Bank National Trust Company,as Trustee for Soundview Home Loan Trust 2005-OPT3, Asset-Back vs.Leslie Smith,Cindy M. Smith and United States of America Cumberland County;No. 10-7224 CIVIL Premises: 101 South Enola Drive,Enola,Pennsylvania 17025 Dear United States of America: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, McCabe,Weisberg and Conway,P.C. /ns Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7012 3050 0002 0795 1976 RETURN RECEIPT REQUESTED Nwae and Addie;sofSender !C;txk.yleoftna!utscr.ice: rU'A m",?aRupi—e McCabe,Weisberg and Conway,P.C. OCnrd 0It—.txca•(I.—Mi.-d i ++\ � U.S.?=AGE)1nrrNeYWwes 123 S.broad St.,Suite 1400 0 con 0 kcgi—d T; ;g-! 0txti Cmfimwtiau ❑a:,wntc�; r<nn,<, Z t w Philadelphia PA 19109 o n !r RIF A1U1:Nolan SeroY+'atka ° "°�"'°' °spwweewvuw on 7 ;sue ZIP 10100 g 001.200 O 1^"^•"t 02 1n a>>Q- __ .0001377404 MAY.06 2013 Niah%. An U. � Mti:k Nwnbcr Addm"x Nave,SUM Ud Pp AdArcas Post}rp Ftt. dw�.'e if4.....•... c .>.• .. � .9• . 1 Deutsche Bank National True Company,as United Stales of America - - Trustee for Soundview liome Loan Trust federal Building 2005-OPT3,Assot-Backed Certificates,Sales 228 Walnut Street,11-0.Boa 11754 2005-OPT3 Harrisburg,Pennsylvania.17108 v. l,eslie Smith,Cindy M.Smith and United States of America '51890 5f quo 3 4 5 6 7 Total Number of TowlNum rofPieces Postnlaster,Per(N amen f receivirt$ .eve .r.rsr:,.uae:.�a..,awww;,., �w>s� uwd•.+.:,.t.r,eb a�-+w -Pieces Received at Post Office employee) bw.41bW V ntFRae��-wa!uW�w �MnJ;MC�b12IRNb�rimJrW.Fz ll�e_ Listed by Sender urr�w -. .,.o..�5v..irve a.aa�tsaww�uw�rw"�um� uwaawbu.t.�a.wvwm 1 PS Form 3877,August 2000 Complete by Typewriter,104 or hull Point Pen a ID Er , Ln tti `"� Postage ni Certlliod Fee S�p.T I O V OO Return Recel t Fed (Endorsement Rgquirod) �`F o 0 Flestriclod Delivar FOG �e o t0 (Endorsement Required) �F Q� 1Of 1 Total postage&Fens Al)ElY rU rSent TO . C3 �......a.: ..--.-..t.l.•r--�-e•"i_i-•r-;•o r- or PO 3ox No. L'L� -•,--,•--�t-.�._�.-C_.C..d..�..� .o..� lJr\nw� sue. •- McCABE,WEISBERG & CONWAY,P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 C-) a -rl MARISA J.COHEN,ESQUIRE-ID#87830 � KEVIN T.McQUAIL,ESQUIRE-ID#307169 -"Q a a; i MOD CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 :z rm BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 r-1 JOSEPH F.RIGA,ESQUIRE-ID#57716 -<> Cam,) JOSEPH 1.FOLEY,ESQUIRE-ID#314675 r' _ Q CELINE P.DerKRIKORIAN,ESQUIRE-ID#313673 CD C-) 7-10 p 123 South Broad Street,Suite 1400 . ��, Philadelphia,Pennsylvania 1.9109C :' -mot (215)790-1010 :V Deutsche Bank National Trust Company,as CUMBERLAND COUNTY Trustee for Soundview Home Loan Trust COURT OF COMMON PLEAS 2005-OPT3,Asset-Back Plaintiff Number 10-7224 civil term V. United States of America,Leslie Smith and Cindy M. Smith Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1. The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 6th day of May, 2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRWD BEFO E THIS DAY OF ,2013 McCABE,WEISBERG& CONWAY,P.C. NOTARY PUBLI Attorne for Plaintiff ;pm p E TH Y NL NOTARIAL CAL By: NB�I l�I�I�C [ ] TERRENCE .McCABE,ESQUIRE-ID#16496 Baibara J. fYDyer- [ ] MARC S. 'ISBERG,ESQUIRE-ID#17616 City of philadglphla,Philadt*ia C01111Y ( ] EDWARD D.CONWAY,ESQUIRE-ID#34687 MY COMMISSION EXPIRES JAN.12,2014 _J-J-IGjARGARET GAIRO,ESQUIRE-ID#34419 [ 1 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 [ ] HEIDI R.SPIVAK,ESQUIRE-ID#74770 [ ] MARISA J.COHEN,ESQUIRE-ID#87830 [ ] KEVIN T.McQUAIL,ESQUIRE-ID#307169 [ 1 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 [ ] BRIAN T.LaMANNA,ESQUIRE-ID#310321 [ ] ANN E.SWARTZ,ESQUIRE-ID#201926 [ ] JOSEPH F.RIGA,ESQUIRE-ID#57716 [ ] JOSEPH 1.FOLEY,ESQUIRE-ID#314675 [ ] CELINE P.DerKRIKORIAN,ESQUIRE-ID#313673 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-1D#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1.400 Philadelphia,Pennsylvania 19109 (215)790-1010 Deutsche Bank National Trust Company,as Trustee for CUMBERLAND COUNTY Soundview Home Loan Trust 2005-OPT3,Asset-Back COURT OF COMMON PLEAS Plaintiff NO: 10-7224 civil term V. United States of America,Leslie Smith and Cindy M. Smith Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 101 South Enola Drive,Enola,Pennsylvania 17025,as of the date the Praecipe for the . Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Leslie Smith 101 South Enola Drive Enola,Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola,Pennsylvania 17025 2. Name and address of Defendants in the judgment: Name Address United States of America Federal Building 228 Walnut Street,P.O.Box 11754 Harrisburg,Pennsylvania 17108 Leslie Smith 101 South Enola Drive Enola,Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive 228 Walnut Street,P.O.Box 11754 Enola,Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Option One Mortgage Corporation 3 Ada Irvine,California 92618 5. Name and address of every other person who has any record lien on the property: Name Address United States of America US Treasury Department Pittsburgh Office Room 808, 1000 Liberty Avenue Pittsubrgh,Pennsylvania 15222 East Pennsboro Township 98 S.Enola Drive Enola,PA 17025 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Address Tenants/Occupants 101 South Enola Drive Enola,Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8'h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept.of Justice,Rm. 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept. of Justice,Rm.4400 Atty General of the United States 950 Pennsylvania Avenue,NW U.S.Dept.of Justice Washington,DC 20530 8. Name and address of Attorney of record: Name Address None 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. McCABE,WEISBERG & CONWAY,P.C. May 6,2013 Attom s for Plaintiff DATE By: L &4A� — [ ] TERRENCE 4 McCABE,ESQUIRE-ID#16496 ( ] MARC S.WIPSBERG,ESQUIRE-ID#17616 ( ] EDWARD D.CONWAY,ESQUIRE-ID#34687 .MARGARET GAIRO,ESQUIRE-ID#34419 [ ] ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 [ ] HEIDI R.SPIVAK,ESQUIRE-1D#74770 [ ] MARISA J.COHEN,ESQUIRE-ID#87830 [ ] KEVIN T.McQUAIL,ESQUIRE-ID#307169 ( 1 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 ( ] BRIAN T.LaMANNA,ESQUIRE-ID#310321 ( ] ANN E.SWARTZ,ESQUIRE-ID#201926 ( ] JOSEPH F.RIGA,ESQUIRE-ID#57716 ( ] JOSEPH I.FOLEY,ESQUIRE-ID#314675 ( ] CELINE P.DcrKRIKORIAN,ESQUIRE—ID#313673 McCABE,WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Soundview Home Loan Trust CUMBERLAND COUNTY 2005-OPT3,Asset-Back Plaintiff V. Number 10-7224 civil term United States of America, Leslie Smith and Cindy M. Smith Defendants DATE: May 6,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: United States of America,Leslie Smith and Cindy M. Smith PROPERTY: 101 South Enola Drive,Enola,Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $67,362.66 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on,Tune 5,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Check type of mail or service' Qame and Address o€•Sender °Certified °Rewrded'Deti_,yi(Imernarional) t i" :' U.S.POSTIAGF>>PITNEY BVNES vlcCabe,Weisberg and Conway,P.C. °COD °Registered 123 S.Broad St.,Suite 1400 0 Delivery Confvmation 0Ret—Receipt forMerd—dice .;t r Philadelphia,PA 19109 °Express Mail °Sip,tazureConfimiuion �, . kTTN: Bridget Atkinson °1 su d C . 71P 19109 19109:nc Micic Nw ba 51980 pie 0 2 1 NM t '°� ''' ' 000137749- APR 09. 2013 I Deutsche Bank National Trust Tenants/Occupants Comnanv.as Trustee for 101 South Enola Drive Soundview Home Loan Trust Enola,Pennsylvania 17025 2005-OPT3, Asset-Back D Plaintiff oa v United States of America. Leslie Smith and Cindy M. Smith f'a �; a Defendants ! �L� o r� s 2 Commonwealth of PennsylvahraA ogal Department of Public Welfare ° isiao'� Bureau of Child Support Enforcemen P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard 3 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8`h Street Suite#204 Philadelphia,PA 19107 4 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Square Department#280601 Harrisburg,PA 17128 5 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O.Box 8486 Harrisburg,PA 17105-8486 6 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 7 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 , Harrisburg PA 17128-0948 8 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg,PA 17128-1230 ATTN:Sheriffs Sales 9 United States of America Internal Revenue Service Technical Sunoort GrouD S William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 10 Domestic Relations Cumberland County P.O.Box 320 Carlisle,PA 17013 11 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bids. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 12 United States of America Harrisburg Federal Building&Courthouse 228 Walnut Street.Ste.220 Harrisburg,PA 17108-1754 13 United States of America c/o Attv General of the United States U.S.Dept.of Justice,Rm.5111 950 Pennsvlvania Ave.N.W. Washington,DC 20530 14 United States of America c/o Atty General of the United States U.S.Dent.of Justice,Rm.4400 950 Pennsvlvania Ave.N.W. Washington,DC 20530 15 Option One Mortgage Corporation 3 Ada Irvine,California 92618 16 United States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh,Pennsylvania 15222 Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 16 Check type of mail or service: Name and Address of"ender 0 Certified 0 P.ccorded Delivery onternational) ad U'`S'POSTAGE >>PITNEY BOWES McCabe,Weisberg and Conway,P.C. o COD 0 Registered 0 Delivery Confirmation ❑Return Receipt for Merchandise D �! i ,1- 123 S.Broad St.,Suite 1400 'D k i .� 1 .► 1�,,� � ���— Philadelphia,PA 19109 0 Express�Mail 0 Signature Confirmation 0 I ','1 "►►t' �u ATTN: Bridget Atkinson ZIP • 02 IVV $ 001 20 ° z; 'a�. �' 0001377494 Line MicicNumber51980 1p '. WPos `y � MAY. 06. 2013 ' 1 Deutsche Bank National Trust EAST PENNSBORO TOWNSHIP o.9ss7 COMDanv.as Trustee for 98 S ENOLA DRIVE Soundview Home Loan Trust ENOLA,PA 17025 2005-OPT3,Asset-Back Plaintiff V. United States of America.Leslie Smith and Cindy M. Smith Defendants Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 1 t ' " SHERIFF'S OFFUCE OF CUMBERLAND COUNTY - - Ronny RAndm�6n Sheriff F(LrD � @� ��� p�n-. � ~`- �v Jody S Smith '~w�� `^'� ' ~ '//"nu/��^. / Chief . °"p=� /U/7S�� f � �� 2: �� R�hanjVVStevmxrt - - ' '' _ °° Solicitor OFFICE��n��e�p CD�� �v ~� ~. � / PENNSYLVANIA Deutsche Bank National Trust Company VS. Case Number Leslie Smith(et al.) 2010-7224 SHERIFF'S RETURN OF SERVICE 04/03/2013 10:37 AM Deputy Shawn Harrison, law, states service was performed by posting~true copy". the requested Real Estate Writ, Notice and Description, and Sale Handbill )nthe above titled action, upon the property located at 101 S. Eno/a Dhva, East PennoboroTownahip �no|o PA17Q36. OunnbedandCounty. ' ' 06/04/2013 As directed byTornsnoe McCabe,Attorney for the Plaintiff, Sheriffs Sale Continued bo8/7/2O13 08/86/2013 Aa directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ ia returned''atayed" per|ei�/rof instruction hnmA�onnay. ' SHERIFF COST: $1.172.30 SO ANSWERS, September 1O. %O13 RbNWY- R ANDERSON, SHERIFF 0 -�� mn' - ^ won"nty&mte Sheriff,n,le=v .Inc. McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff " MARC S. WEISBERG,ESQUIRE-ID#17616 _EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company,as Trustee for CUMBERLAND COUNTY Soundview Home Loan Trust 2005-OPT3, COURT OF COMMON PLEAS Asset-Backed Certificates, Series 2005-OPT3 Plaintiff NO: 10-7224 CIVIL V. Leslie Smith,Cindy M. Smith and United States of America Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at: 101 South Enola Drive,Enola,Pennsylvania 17025,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Leslie Smith 101 South Enola Drive Enola,Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola,Pennsylvania 17025 2. Name and address of Defendants in the judgment: Name Address Leslie Smith 101 South Enola Drive Enola,Pennsylvania 17025 Cindy M. Smith 101 South Enola Drive Enola,Pennsylvania 17025 United States of America Federal Building 228 Walnut Street,P.O.Box 11754 Harrisburg,Pennsylvania 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Option One Mortgage Corporation 3 Ada Irvine,California 92618 5.. Name and address of every other person who has any record lien on the property: Name Address United States of America US Treasurty Department Pittsburgh Office Room 808, 1000 Libery Avenue Pittsubrgh,Pennsylvania 15222 Internal Revenue Service Bureau of Compliance Dept 280946 Harrisburg,Pennsylvania 17128 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Address Tenants/Occupants 101 South Enola Drive Enola,Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8'Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 . United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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 unswom falsification to authorities. [ ]Terrence J.McCabe,Esquire DA"P [ ]Edward D.Conway,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R.Spivak,Esquire [ ]Brian T.LaManna,Esquire [ ]Kevin T.McQuail,Esquire [ ]Marc S.Weisberg,Esquire [ ]Margaret Gairo,Esquire [ ]Joseph F.Riga,Esquire [ ]Marisa J.Cohen,Esquire [ ]Ann E.Swartz,Esquire [ ]Christine L.Graham,Esquire ,h.anseph 1.Foley,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARL S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Deutsche Bank National Trust Company,as Trustee for COURT OF COMMON PLEAS Soundview Home Loan Trust 2005-OPT3, Asset-Backed Certificates,Series 2005-OPT3 CUMBERLAND COUNTY V. Number 10-7224 CML Leslie Smith,Cindy M. Smith and United States of America NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Leslie Smith Cindy M. Smith 101 South Enola Drive 101 South Enola Drive Enola,Pennsylvania 17025 Enola,Pennsylvania 17025 United States of America Federal Building 228 Walnut Street,P.O.Box 11754 Harrisburg,Pennsylvania 17108 Your house(real estate)at 101 South Enola Drive,Enola,Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on June 5,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$67,362.66 obtained by Deutsche Bank National Tru st Company,as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates, Series 2005-OPT3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Deutsche Bank National Trust Company,as Trustee for Soundview Home Loan Trust 2005-OPT3,Asset-Backed Certificates,Series 2005-OPT3,the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 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 the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS y 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 McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 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 on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(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 schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-7224 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2005-OPT3,ASSET-BACKED CERTIFICATES,SERIES 2005-OPT3 Plaintiff(s) From LESLIE SMITH,CINDY M.SMITH AND UNITED STATES OF AMERICA (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(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: $67,362.66 L.L.: Interest FROM 2/2/11 TO 6/5/13-$9,464.85 AT$11.07 Atty's Comm: Due Prothy:$2.25 Atty Paid: $1,292.33 Other Costs: Plaintiff Paid: Date: 1/9/2013 David D.Buell,Prothonotary (Sea]) By: Deputy REQUESTING PARTY: Name: JOSEPH I. FOLEY,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S.BROAD STREET,SUITE 1400 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF TRUEtOPY FROM RECO! Telephone: 215-790-1010 in Testimony whereof,I here unto set rrr'-'and said t C I'sle Pa. the Se Al of said , oyr�at ua�1 .0 and h Supreme Court ID No.314675 This day of 2Q "Y On March 12, 2413 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 141 South Enola Drive, Enola, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2413 By: Real Estate Coordinator bZ :b V 0 ( NIVI E1 1t"I •rJV�-##, CUMBERLAND LAW JOURNAL Writ No. 2010-7224 Civil east along a drive leading to the State Road,20 feet,more or less,to a point DEUTSCHE BANK NATIONAL on the east side of said drive,thence TRUST COMPANY north and along the eastern side of vs. said drive, 34 feet, more or less, to LESLIE SMITH, the place of Beginning. BEING the same premises which Cindy M. Smith, CINDY M.SMITH by deed dated July United States of America 30, 2005 and recorded August 15, Atty.:Terrance McCabe 2005 in the office of the Recorder in 101 South Enola Drive, Enola, and for Cumberland County in Deed Pennsylvania 17025. Book 270, Page 2171, granted and TRACT NO.1 conveyed to Leslie Smith and Cindy All that certain piece or parcel of M. Smith of America in fee. land situate in East Pennsboro Town- TAX MAP PARCEL NUMBER: 09- ship, Cumberland County, Pennsyl- 15-1291-079. vania, bounded and described as follows,to wit; Begininning at a point in the southwest corner of the intersec- tion of South Enola Drive and State Road; thence along the southern side of said State Road; North 69- 3/4 degrees West, 142-1/2 feet to a proposed 16 foot wide street;thence along the estern line of said proposed 16 foot wide street,South 04 degrees 30 minutes East, 113 feet to a point; thence along lands, now or late of EdwardB.McClure,North 86 degrees 30 minutes East, 128 feet to a point in the western line of South Enola Drive;thence along the western line of South Enola Drive, North 04 de- grees 30 minutes West, 50 feet to a point,tha place of Beginning. TRACT NO.2 All that certain lot or piece of ground situate in Enola,East Penns- boro Township,Cumberland County, Pennsylvania, bounded and de- scribed as follows; Beginning at a pin at the south- west corner of other lands now or formerly of Norman F.Shuey, Jr. and Beatrice G.Shuey; 38 Feet to a point at land now or late of Dora Kohn;thence south along line of land now or late of Dora Kohn, 50 feet to land now or late of Oliver Morgan, 60 feet, more or less,to line of land now or late of Charles Yoke; thence 70 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: April 12, April 19 and April 26, 2013 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. (Li a Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 26 da y of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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. 2010-7224 Civil D,FUTSCHE BANK NATION L TRUST COMPANY This ad ran on the date(s)shown below: VS. 04/16/13 LESLIE SMITH p Cindy M.Smith n United States of America 04123113 X Atty: Terrance McCabe ' Zoe 04/30/13 '] 101 South Enola Drive,Enola,Pennsylvania 17025 s TRACT NO.1 . . . . . . . . . . . . C All that certain piece or parcel of land v situate in East Pennsbom Township, N Cumberland County, Sworn to and subscribed befoye t 's 13 day of May, 2013 A.D. ii Pennsylvania, bounded and described as p follows,to wit; s Begininning at a point in the southwest e comer of the intersection of South Enola : Drive and State Road; thence along the Cf�lryPublic i southern side of said State Road;North 69- c 314 degrees West,142-1/2 feet to a proposed t 16 foot wide street;thence along the estern line of said proposed 16 foot wide street, c South 04 degrees 30 minutes East,113 feet COMMONWEALTH OF PENNSYLVANIA H to a point;thence along lands,now or late Notarial Seal of Edward B.McClure,North 86 deereps Holly Lynn Warfel,Notary Public n 30 minutes East,128 feet to`a point in the Washington Twp.,Dauphin County s western line of South Enola Drive;thence I My Commission E Ires Dec.12,2016 I along the western line of South Enola Drive, I MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES North 04 degrees 30 minutes West,50 feet l to a point,tha place of Beginning. TRACT NO.2 A: 2020 Technology Parkway Mechanicsburg,PA (717)255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale# Size Rate Net Cost Of Ad 04/16/13 Sheriff Sale 7224 8.86 $20.00 $ 177.20 04/23/13 Sheriff Sale 7224 8.86 $20.00 $ 177.20 04/30/13 Sheriff Sale 7224 8.86 $20.00 $ 177.20 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: $ 536.60 JLc