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HomeMy WebLinkAbout11-7276c PIDNOT ill 1 RLANID C0UIN T Y "LJINSYLVANIA 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT 1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT 1 3 ADA 1525 S. Belt Line Road Irvine, California 92618 v. Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number , I-1a1 ? C?v( CIVIL ACTION/MORTGAGE FORECLOSURE L-z ?qa Pd ?°E`1 ("1y93?f? ?_v-- QW Qy'q 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte 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 corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para 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 PARA 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTIONIMORTGAGE FORECLOSURE Plaintiff is Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT 1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT 1, duly organized and doing business at the above-captioned address. The Defendant is Randall W. Smith, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 1602 Bridge Street, New Cumberland, Pennsylvania 17070. 3. On February 24, 2003, Randall W. Smith made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation, a California Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1800, Page 2698, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 4. The aforesaid mortgage was thereafter assigned by Sand Canyon Corporation flea Option One Mortgage Corporation, a California Corporation to Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1, by assignment which will be duly recorded in the office of the recorder for Cumberland County. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 117 3rd Avenue, New Cumberland, Pennsylvania 17070. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2011 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. The following amounts are due on the mortgage: Principal Balance $ 62,543.14 Interest through September 19, 2011 $ 2,477.15 (Plus $14.48 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 157.05 Total-Fees $ 30.00 Recoverable Balance $ 9.60 Suspense Balance $ (73.18) GRAND TOTAL $ 66,393.76 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 Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $66,393.76, together with interest at the rate of $14.48 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Plaintiff is obligated to pay reasonable fees and costs, including attorneys fees for service rendered. McCABE, W BERG AND CONWAY,P.C. BY: U Heidi R. Spivak Esquire Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for American Home Mortgage Servicing, Inc., servicing agent for Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT I Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1, 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, W ERG AND CONWAY,P.C. BY: Heidi R. Spivak, squire Attorney for Plaintiff Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPTI Trust, ABFC Asset-Backed Certificates, Series 2003-OPTI v. Randall W. Smith r Commitment Number: UCS34205 SCHEDULE C Legal Description EAiht ?' A AI.1.- 7f k-tjyF.RTAIN, j9t 6 pte44r, Wat A; tiut?s to Lt!e.lbraugh of New Caller l nfl. ..:4 ('„nitty of Cumlicrlond and Stec fir lknnsi vrintri, more pllrt:icuiailji IMirndod grid ,6..Ithed as follows, la 11W.1NN1NG at ri point., r,:+id point. Irg•iug the l,ortl,tn•ct corner of 11,ird Avenue ,rid u:,lput Av"ue (said Avenues brim. xixI.rs:it (16) feet 1n width); tbance westwardty .?I,•,r?.l'1><`,.I'Iprlh eitlP Of 1ltjrd..Avrntr; rrr`rrolt.-six nnd.Ci.(trcn rnrc•'htm,lr-•Ifh? ??•.•. (%t,.IS)"feet t.o its point in the center l ine of a partit:iait; Willi gliWill iIlk the pro- Irr•, 1 7 .ln`I'rin.41%meribed -Ilw Nil. :Iltl 11ti141 Avenue; 'I.henre ndrlhvnrttly and fit riAli L :gn;•,Iop to-11vird Avrngta throlrrlt Ihr` renlt•r 'Itne or o Inigit inn nfo,rmClttioncd and h,ry,toJ, t:eienty sold fifty WO.11111idrFdt Its (70.50) reet to Ilse 54fnLl, 1 i ne of , five (s) fool ;issruposed passageway: t1wilce ot. right. angler, no, cg?4twardly atnnP the :wi,lh lint` of rsnid pwrzagewny, said Iine bring parallel with Third Avenue, t:i-vrnty-,slx and fifteen otwr?lugniIrrtA.h- (70.15) fret Lo n paint tilt the wvbtt'rn liar of Wolnul. Avenue; I.Igenre mild.hvardly a1png lim western Iiltc of Walnut i Avrnr,c, t:rveni:y and fifty One-Inrndrrill h., (70.50) fccL to -I r(i;g,t, the Pl.oce of IttcG 1 NN F. NG • HAVING THEADIN FJd?l:lT'l) tho casino IK+t'Lirut of o rrour of I,-ainc tlwvIlloR4 knvwgt matt ntn,tlterctl arc 117 Third Avcttlle. 1'(Ka:fHliN with Llte right' to ?n:c, ing,t:?.^.. c?tcss. and rrcrese, fir the afnrenvf, - I itnged five (5) font wide p.assiitgOway .kadiria from I•ilrkel. SCreri to W:liunt Ave- nnr, to Ic uced in common by nil a( Owe ,d,jqiners. 11.C COK1: amt n.7inLelli1f1Ce fpr t,•n.•i•ng and Paving to he shared nqunlly. Itl ltIC, Or eastern seventy-six a,ul fifLcrn mto-1+ut,dredLhs (76.15) feet of 1.oL No. 01 and I.hr, costcrn seveut.y-=ix and f i f irvir ride-hnntlrcill hs (76.15) feet of Lot No. t¢l, h:,vini, a wi,dtl, NorLF, and .':unrlt of lwt•nr.y (20) fCcL, an i:hnwil psi I,he 11.11% Of III,, Illwool;h of New f:t,vher.land. Issued through the office ot: UPSTATE CAPITAL SETTLEMENT SERVICES 46 E. Main Street Palmyra, PA 170T8 I Certify this to be recorded in Cuinberlalld County PA ? 70 Recorder of Deeds DY 1800P STEWART TITLE ?j27QQ GUARANTY COMPANY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 6 i`t 30 Wells Fargo Bank, N.A. vs. Randall William Smith Case Number 2011-7276 SHERIFF'S RETURN OF SERVICE 09/22/2011 05:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 1753 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Randall William Smith, by making known unto Karen Smith, Wife of Defendant at 1602 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. DENp1fS FRY, DEP 09/22/2011 05:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 1753 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Randall William Smith, by making known unto Karen Smith, Wife of Defendant at 1602 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 117 Third Avenue, New Cumberland, Pennsylvania 17070 is currently occupied by the Defendant's Son. DEN S DEP v SHERIFF COST: $78.00 September 26, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, 4RONR4NDERSON, SHERIFF !Cj !?QUillyJUi[e S?enfl, ?el 6Sbft. I!?;:. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7276 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR ABFC 2003-OPTI TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2003-OPT1, Plaintiff (s) From RANDALL W. SMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $67,103.28 Interest FROM 11/08/11 $1,334.63 AT $11.03 Atty's Comm: % Atty Paid: $210.50 Plaintiff Paid: Date: 11/23/11 (Seal) L.L.: $.50 Due Prothy: $2.00 Other Costs: Ny k'D. Buell, Prothcnotar By: Deputy REQUESTING PARTY: Name: ANDREW L. MARKOWITZ, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 28009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT I Trust, ABFC Asset-Backed Certificates, Series 2003-OPTI V. Randall W. Smith FILE NO.: 11-7276 civil Civil Tenn AMOUNT DUE: $67,103.28 INTEREST: from 11/08/11 $1,334.63 at $11.03 ATTY'S COMM.: COSTS: r_, TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or acbount; 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) 117 3rd Avenue, New Cumberland, Pennsylvania 17070 (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 the defendant(s) described in the attached exhibit. J DATE: November 16, 2011 Signature: Print Name: Andrew. arkow' , Esquire Firm: MCCABE, WEISBERG ND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Q $, a? Attorney for: Plaintiff Telephone: (215) 790 1010 a`?• ?? ?I Supreme Court ID No. 28009 a so?,<< a? 4 ??o ,sa P? Ck# I s4 3lo S, ? ? ?"?I ? c+ a UTIso Wrj CIS Ko LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest corner of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, seventy six and fifteen one hundredths (76.15) feet to a point in the center line of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northwardly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwardly along the South line of said passageway, said line being parallel with Third Avenue, seventy-six and fifteen one-hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the western line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide passageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY J. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25-24-0813-134 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT 1 Plaintiff V. Randall W. Smith Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-7276 civil AFFIDAVIT PURSUANT TO RULE 3129 r C3 . _i r~a _n h? i; The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 117 3rd Avenue, New Cumberland, Pennsylvania 17070, 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 Owner or Reputed Owner Name Address Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 2. Name and address of Defendant in the judgment: Name Address Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 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 Capital One Bank (USA) N.A. 4851 Cox Road Glen Allen, Virginia 23060 Capital One Bank (USA) N.A 4. 5 c/o Paul J. Klemm, Esquire Nudelman, Klemm and Golub P.C. 425 Eagle Rock Avenue Roseland, New Jersey 07068 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address None 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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 117 3rd Avenue New Cumberland, Pennsylvania 17070 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America 8 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 Arty General of the United States Name and address of Attorney of record: Name None 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. 3I I 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 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. November 16. 2011 Andrew L. Markowitz, Esquire DATE Attorney for Plaintiff LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest corner of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, seventy six and fifteen one hundredths (76.15) feet to a point in the center line of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northwardly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwardly along the South line of said passageway, said line being parallel with Third Avenue, seventy-six and fifteen one-hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the western line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide passageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY J. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25-24-0813-134 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT 1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 Plaintiff V Randall W. Smith Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number H -7276 civil AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 SWORN AND SUB OF 201 03217 "Fir INC P ? ? lr4 (4 of Pfr3?a a ??i , _ ,--COMMISSIcu IC;2'JI Andrew L. Markowitz, Esquire Attorney for Plaintiff 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff r 14'7 -^;") c^ ? u CIVIL ACTION LAW Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT 1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Randall W. Smith Number 11-7276 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 Your house (real estate) at 117 3rd Avenue, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on March 7, 2012 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 $67,103.28 obtained by Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 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 Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT 1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 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 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 LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest corner of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, seventy six and fifteen one hundredths (76.15) feet to a point in the center line of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northwardly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwardly along the South line of said passageway, said line being parallel with Third Avenue, seventy-six and fifteen one-hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the western line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide passageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY J. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25-24-0813-134 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 Wells Fargo Bank, N.a., As Trustee For Abfc 2003-optl Trust, Abfc Asset-backed Certificates, Series Plaintiff V. Randall W. Smith Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS -ate rn F11 Number H-7276 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 17th day of cr. rv c.a ,wa January, 2012, 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 SUB?WAY BEFORE THIS OF l?C?. , 20 OTARY UBLIC 1 1 u: , McCABE, WEISBERG & CONWAY, P.C. AttornKz- Plaintiff By. TERR NCE . McCABE, ESQUIRE - ID # 16496 MARC S. W ISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 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 CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.a., As Trustee For Abfc 2003-opt l Trust, Abfc Asset-backed Certificates, Series Plaintiff V. Randall W. Smith Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-7276 civil AMENDED 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 117 3rd Avenue, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owner or Reputed Owner Name Address Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 2. Name and address of Defendant in the judgment: Name Address Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Capital One Bank (USA) N.A. Address 4851 Cox Road Glen Allen, Virginia 23060 Capital One Bank (USA) N.A. c/o Paul J. Klemm, Esquire Nudelman, Klemm and Golub P.C. 425 Eagle Rock Avenue Roseland, New Jersey 07068 4 5 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name Address 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 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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 117 3rd Avenue New Cumberland, Pennsylvania 17070 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`n 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 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, Room 51 11 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 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. January 17, 2012 Attorneys for Plaintiff DATE By: TE NC McCABE, ESQUIRE MARC S. ISBERG, 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.a., As Trustee For Abfc 2003-optl Trust, Abfc Asset-backed Certificates, Series Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Randall W. Smith Defendant DATE: January 17, 2012 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Number 11-7276 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Randall W. Smith PROPERTY: 117 3rd Avenue, New Cumberland, Pennsylvania 17070 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2012 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. r• y , Y?N N n ? o? ?' A W 2?07A0 m Lt. ?a* P51. ^> _ to n to -tj - g O -•' f?D O O A CP .7 ?ONd? CZ to ?? c° ?.y K a p A m 'T"s r.+ 2 z Je A in. to A -'9 A f7 A'+ .•+? fA 'r- ' Cr -A 1 t y' A y A A '??"?"?? ?`-"CCn p? vS O O "S7CA ?O C.S +O? ' >:z:dCCCC? ?? QOS -Cy .? 7"taC ?'' W O <C O f? 7 *bb A " •p fD t1?? '7 ?+? ?OdOO() ??-?.? °'?•Z U a 7 ? c Y ? Q^ A 'C ? O^o c^w .7 "S 27 A '7 @ -e m n7? ? ? K A P ? a ?o ? i"j .t A m Zv; tb? ?? A9 Clay . ? ? A m r'_ 3 C {0 ?p ^' ? ? M bcc y!? A O C-p -0??C?? p`O a, o'y,oo • ' ' C'?' R or ?x ? G o ? '? ?Q a . "tr0 O ec >ep 7 r D Q C K O A 't N CS K ?`< C A 00 A7 ` O O O .t A n M? ^3 A r? ?p QQ ? 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W pa ° .0 R A y ? >"S Mo A7 tD A. ?' i+y ?'* OQfD ?" A7 e-' fD O A 0 , < b eD p a a a ^ M "SJ? fD ,,:?. ^r ? ? y ? y r'q ti . , fD A y 000 O y O O .. c O .+ > "slO O O „ y A ? A A Y ?l• m ?aa•? Y O ? ? w as y ., e0? Y = V1 pYf D wa ?p p> wa ?p =°s ? ^ ?7'? @ wa a? m C y 0000?O GOO A' OOO A ? 00 ..n aA On'A 4,= a O fo O t9 A? O B O.!Z O A O fo A+ O ? S3.\ 4 06 fo p fo 10 R flrA kli O ?. ro M ?. y Vi (? o V1 fp N 0 c W N 'C7 W co S r O 'Z C Vl fD (? .may N 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 Wells Fargo Bank, N.a., As Trustee For Abfc 2003-optl Trust, Abfc Asset-backed Certificates, Series Plaintiff V. Randall W. Smith Defendant PCB 23 Phi I: 26 for Plaintiff Attorney " C1,111BERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-7276 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 7th day of February, 2012, 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 BEFORE I)4Ft7?A AY OF ,?(2JYV2 7 I 1rAr" N O TA :6 ! M Barbara j. ?a'? j. City of Phila&-l f3 is Ccutj r My-COMMISSION EXPIRES JAN. 12, 201? ; McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By:? TERR NUSBERG, McCABE, ESQUIRE - ID # 16496 MARC S. ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 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 Wells Fargo Bank, N.a., As Trustee For Abfc 2003-opt l Trust, Abfc Asset-backed Certificates, Series Plaintiff V. Randall W. Smith Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-7276 civil AMENDED 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 117 3rd Avenue, New Cumberland, Pennsylvania 17070, 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 Owner or Reputed Owner Name Address Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 2. Name and address of Defendant in the judgment: Name Address Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Capital One Bank (USA) N.A. Address 4851 Cox Road Glen Allen, Virginia 23060 Capital One Bank (USA) N.A. c/o Paul J. Klemm, Esquire Nudelman, Klemm and Golub P.C. 425 Eagle Rock Avenue Roseland, New Jersey 07068 4 5 FIA Card Services, NA c/o Edwin A. Abrahamsen &Assoc. 120 North Keyser Avenue Scranton, PA 18504 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name Address 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 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 PA Department of Revenue Address 117 3rd Avenue New Cumberland, Pennsylvania 17070 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 1 10 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs 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 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 penaNties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. February 7, 2012 Attorneys for Plaintiff DATE By: _ TERREN2liSBERG, McC E, ESQUIRE MARC S. 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.a., As Trustee For Abfc 2003-opt I Trust, Abfc Asset-backed Certificates, Series Plaintiff V. Randall W. Smith Defendant DATE: February 7, 2012 COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-7276 civil TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Randall W. Smith PROPERTY: 117 3rd Avenue, New Cumberland, Pennsylvania 17070 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2012 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. 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. aaacl ?Kegn? n 6 y, ,? 6. `G ?. nZ o O A m a . . ? rv ° O ? O I ¢ O uN?rE?s TI?k SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0FVCE,•--H? cH; F F ILP?L-0 F'CE' . i THE PPCTHONOT/CRY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 MAY 10 AM S: 13 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Randall William Smith Case Number 2011-7276 SHERIFF'S RETURN OF SERVICE 01/12/2012 05:48 PM - Deputy Ryan Burgett, 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 117 3rd Avenue, New Cumberland, Cumberland County, PA 17070. 01/12/2012 05:21 PM - Deputy Ryan Burgett, 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 KAREN SMITH - WIFE, who accepted as "Adult Person in Charge" for Randall William Smith at 1602 Bridge Street, New Cumberland Borough, New Cumberland, Cumberland County, PA 17070. 03/05/2012 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 04/04/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on April 4, 2012 at 10:00 a.m. He sold the same for the sum of $71,600.00 to Attorney Nathan Wolf, on behalf of Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1, 3 ADA, Irvine, CA 92618, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $2,836.18 May 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF W. oo rot ", . SZ) L_ Pd - Pt* a -?Sa3-? (c) Lour rySuite Sherd TeleosoH. Inc. 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 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 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 V. Randall W. Smith Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-7276 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Randall W. Smith 1602 Bridge Street New Cumberland, Pennsylvania 17070 Your house (real estate) at 117 3rd Avenue, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on March 7, 2012 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 $67,103.28 obtained by Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT 1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 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 Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 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.) 1 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 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 LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest comer of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, seventy six and fifteen one hundredths (76.15) feet to a point in the center line of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northwardly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwardly along the South line of said passageway, said line being parallel with Third Avenue, seventy-six and fifteen one-hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the western line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide passageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY J. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25-24-0813-134 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-7276 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR ABFC 2003-OPTI TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2003-OPTI, Plaintiff (s) From RANDALL W. SMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $67,103.28 L.L.: $.50 Interest FROM 11/08/11 $1,334.63 AT $11.03 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $210.50 Other Costs: Plaintiff Paid: Date: 11/23/11 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW L. MARKOWITZ, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 TRUE. r- C)py FROM RECORD and In Testimony whereof, t here unto set my Pa. Attorney for: PLAINTIFF al of said Court at Caresle, and the ?g to , 2010-- o?3day of pr notary Telephone: 215-790-1010 This. H"vo Court ID No. 28009 On November 28, 2011 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 117 3rd Avenue, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date November 28, 2011 By: a." Real Estate Coordinator I fi :8 V 8Z AON H01 CUMBERLAND LAW JOURNAL Writ No. 2011-7276 Civil Term Wells Fargo Bank, N.A., As Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 VS. Randall W. Smith Atty.: Terrence McCabe All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest comer of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, sev- enty six and fifteen one hundredths (76.15) feet to a point in the center line of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northward- ly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwardly along the South line of said passageway, said line being parallel with Third Avenue, seventy-six and fifteen one- hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the west- ern line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide pas- sageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern sev- enty-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY I. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25- 24-0813-134. 73 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA , ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 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. r Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 10- day of February, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Teohnology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE at Pahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 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. 'PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 02/03/12 C` 02/10/12 VkLac ....... Sworn to an kribed bef re a hi ayf February, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA NOUM seal Sherrie L. Owens, Notary Rd)k Lower Paxton Twp., Dauphin County My Commi?lon Expkes Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NpTAPJS 2011-7276 Civil Term Wells Fargo Bank, NA., as Trustee for ABFC 2003.OPTI Trust, ABFC Asset-Backed Certificates, Series 2003-OPTI VS Randall W. Smith Atty. Terrence McCabe All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest corner of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, seventy six and fifteen one hundredths (76.15) feet to a point in the center he of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northwardly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwafdly along the South line of said passageway, said line being parallel with gird Avenue, seventy-six and fifteen one-hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the western line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide passageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY I. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25-24- 0813-134 Proposed Schedule of Distribution Date Posted - April 25, 2012 Writ No. 2011-7276 Civil Term Wells Fargo Bank, N.A., as Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 VS Randall William Smith 1173 rd Avenue New Cumberland, PA 17070 Sale Date: April 4, 2012 Bid Price: $ 71,600.00 Buyer: McCabe, Weisberg & Conway 123 South Broad Street Philadelphia, PA 19109 Real Debt: $ 67,103.28 Interest: $ 1,334.63 Atty Paid: $ 210.50 Total: $ 68,648.41 RECEIPTS: Received on November 28, 2011 (check 62126) Received on April 4, 2012 (check 65941) Credit writ 2011-7276 Civil Term $ 1,500.00 $ 7,160.00 $ 62,940.00 TOTAL RECEIPTS $ 71,600.00 DISTRIBUTION: Sheriff's Costs: $ 2,836.18 Cumberland County Tax Claim Bureau $ 1,570.01 New Cumberland Tax Collector, Robin Gasperetti $ 583.80 Borough of New Cumberland (Refuse/Sewer) $ 121.00 Refund of advance costs to Attorney Terrence McCabe $ 1,500.00 Paid to Attorney Terrence McCabe $ 2049.01 Credit Writ No. 2011-7276 Civil Term $62,940.00 Total Distribution: ($71,600.00) Balance 0.00 S0swers• °'Ronny R. Anderson M Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2011-7276 Held April 4, 2012 EFFECTIVE DATE: April 4, 2012 PREMISES: 117 Third Avenue, Borough of New Cumberland, Cumberland County, Pennsylvania, Tax Parcel No. 25-24-0813-134 (the "Premises") RECITAL: Being the same Premises which Beverly J. Gray, single woman, by her Deed dated January 31, 1995 and recorded February 7, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 118, Page 343, granted and conveyed unto Randall W. Smith, married man. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2012. 20. Subject to the rights of any spouse of Randall W. Smith, if any, in the subject Premises. -2- 21. Mortgage in the amount of $68,400.00 from Randall W. Smith to Option One Mortgage Corp. dated February 24, 2003 and recorded March 14, 2003 in Mortgage Book 1800, Page 2698, assigned September 14, 2011 in Instrument No. 201125488 to Wells Fargo. 22. Judgment against Randall W. Smith in the amount of $67,103.28 entered November 10, 2011 in favor of Wells Fargo Bank, NA to No. 2011-7276. 23. Judgment against Randall W. Smith in the amount of $11,161.18 entered November 23, 2011 in favor of FIA Card Services, NA entered to No. 2011-8830._ no -- 24. Subject to taxes due the Cumberland County Tax Claim Bureau in the amount of $1,559.73 together with any interest and penalties due thereon. 25. Subject to all setback lines, easements, notes and all other matters appearing in the unrecorded plan of the Borough of New Cumberland. 26. Subject to the easement of any partition wall or walls. 27. Subject to the rights of ingress, egress and regress as noted in Deed Book 118, Page 343. 28. Subject to the legal operation and effect of the civil action filed to No. 2011-5454 by Capital One Bank USA, NA. 29. Subject to the rights of others in and to any portion of the Premises within or adjoining Third Avenue and Walnut Avenue. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. ih" By: Keith O. Brenneman -3- Writ No. 2011-7276 Civil Term • • Wells Fargo Bank, N.A., As Trustee for ABFC 2003-OPT1 Trust, ABFC Asset-Backed Certificates, Series 2003-OPT1 VS. Randall W. Smith Atty.: Terrence McCabe All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point, said point being the northwest corner of Third Avenue and Walnut Avenue (said Avenues being sixteen (16) feet in width); thence westwardly along the North side of Third Avenue, sev- enty six and fifteen one hundredths (76.15) feet to a point in the center line of a partition Wall dividing the properly herein described and No. 119 Third Avenue; thence northward- ly and at right angles to Third Avenue through the center line of a partition aforementioned and beyond, seventy and fifty one-hundredths (70.50) feet to the South line of a five (5) foot proposes passageway; thence at right angles and eastwardly along the South line of said passageway, said line being parallel with Third Avenue, seventy-six and fifteen one- hundredths (76.15) feet to a point on the western line of Walnut Avenue; thence southwardly along the west- ern line of Walnut Avenue, seventy and fifty one-hundredths (70.50) feet to a point, the place of beginning. HAVING THEREON ERECTED the eastern portion of a group of frame dwellings known and numbered as 117 Third Avenue. TOGETHER with the right to use, ingress, egress, and regress, of the aforementioned five (5) foot wide pas- sageway leading from Market Street to Walnut Avenue, to be used in common by all of the adjoiners. The cost and maintenance for fencing and paving to be shared equally. BEING the eastern seventy-six and fifteen one-hundredths (76.15) feet of Lot No. 67 and the eastern sev- enty-six and fifteen one-hundredths (76.15) feet of Lot No. 68, having a width North and.South of twenty (20) feet, as shown on the Plan of the Borough of New Cumberland. Premises: 117 3rd Avenue, New Cumberland, Pennsylvania 17070. BEING the same premises which BEVERLY I. GRAY, SINGLE WOMAN by deed dated January 31, 1995 and recorded February 7, 1995 in the office of the Recorder in and for Cumberland County in Deed Book 118, Page 343, granted and conveyed to Randall W. Smith, Married Man. TAX MAP PARCEL NUMBER: 25- 24-0813-134. EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N.A. as Trustee for ABFC 2003-OPTT1 Trust is the grantee the same having been sold to said grantee on the 4 day of April A.D., 2012, under and by virtue of a writ Execution issued on the 23 day of November, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7276, at the suit of Wells Fargo Bank N.A. as Trustee for ABFC 2003-OPT1 Trust against Randall W. Smith is duly recorded as Instrument Number 201213883. IN TESTIMONY WHEREOF, I have hereunto set my hand Ida and seal of said office this 0619 day of AIR A^tO ka ai4, 10 v"" ti i W? 4