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Home My WebLink About04-5547 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 (610) 623-2660 Attorney ID # 52634 M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff vs. David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, PA 17065 Defendants #15457-TM Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 04- S'S'47 (},"u~tT~ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you mu!t take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally (J' by attorney and fiI ing in writing with the court your defenses or objecnons to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you lfId a judgment may be entered against you by the court without further notice for any money clairned 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ADVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en fonna escrita sus defensas 0 sus objeciones a las demandas en contra de su persona Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demll1dante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlATAMENTE. SI NO TIENE ABOGADO VA Y A EN PERSONA 0 TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRA T AR A UN ABOGADO. SI USTED NO TIENE EL DlNERO SUFICIENTE PARA CONTRA T AR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO 0 GRA TUlTO. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PA l7013 717-249-3166- 1-800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 (610) 623-2660 Attorney 10 # 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 COURT OF COMMON PLEAS Cumberland COUNTY Case No: 04 ... s'5'i./7 QlU\tT~ Plaintiff vs. David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, PA 17065 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp, a corporation organized and existing under state law, with offices for the conduct of business at 3815 South West Temple, Salt Lake City, Utah 84165. 2. Defendants, David A. Smyth and Twyla P. Smyth are the mortgagors and real owners of premises 455 Hunters Road, Newville, PA 17241, hereinafter described, whose last known address is listed in the above caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Keystone State Mortgage Corporation on May 26, 1998, which mortgage was recorded on June 2, 1998 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1457, Page 732, secured on premises 455 Hunters Road, Newville, PA 17241 a true and correct description of which is attached hereto as Exhibit 1. 4. The mortgage has since been assigned in writing to the plaintiff herein, and recorded on September 2, 1998 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 587, Page 463. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from April 1, 2002 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 03/01/02 to 11/01/04 At $13.19 per diem Accrued late charges Accrued Escrow deficit Attorney's fee (5% of unpaid Principal Balance) Title Information Certificate Photostats and Postage Notarizations Suspense Balance $ 41,335.10 $ 12,899.82 $ 434.32 $ 7,718.82 $ 2,067.76 $ 400.00 $ 50.00 $ 10.00 $ (15.00) TOTAL $ 64,900.82 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to the Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $64,900.82, plus per diem interest at $13.19 from November 3, 2004 to the date of judgment plus costs thereon. j Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: DESCRIPTION EXHIBIT :r: We have searched and examined the lien records of CUmberland County, Pennsylvania, r"Or the property described as; ALL THAT CERi AJN lot, tract ofll1lld, parcel, place of ground with the buildings and improvemen1s thereon erected. situatQ in Lower Mimin Township, Cumberland CQunty, Penlli)11vama, bounded and described as follows, to wit: BEGINNING at a point in the center ofToWll8hip Road 414, s,aid point being 349 feet northwcst of the property line of Jobn Chestnut and Alfred Gaislcr; thc::nce north 43 degrccs 07 minutes west a distance of 129.45 teet aJong the center of said Township Road 414 to a pin in the center of said road; thence north 52 degrees S minutes wost a distance of 80.22 feet still along the center of said Township Road 474 to a pin in the center of said To\\onsbip Road and corner of other lands of the Grantor herein; thence north 49 degrees 00 minute$ cast a distance of 229.20 feet along lands of the grantor here to a stake and comer of other lands of the grantor herein; thence south 41 degl'ees 00 minutes east a distance of20S.00 feet still along other lands of the grantor herein; thoneI.': sooth 49 degrees 00 minutes west a distance of 208.00 feet stili along other lands ofthe grantors. herem tu a pin in the center of me aforesaid Township Road 414 and THE PI-ACE OF BEGINNING Commonlyknc......ll as; 455 HInters Road, NewVille, Pa 1n41. SPS'\SElECT Port olio . SEHVlCING. inc:. ~b ~(p ~LQ~11 August 26, 2004 DAVID SMYTH TWYLA SMYTH 224 CHESTNUT ST # 1 MOUNT HOLLY SPRINGS, PA 17065-1210 EXHIBIT jj:., ACT 91 NOTICE TAKE ACTION TO SAVE.YOUR HOME FROM FORECLOSURE ThIs Is an official notfce that the mortaaae on your home Is In default, and the lender Intends to foreclose. Speclllc InfonnaHon about the nature of the default Is provided In the attached paaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. ThIs Notice explains how the proaram works. To see if HEMAP can help, yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS Of THE DATE OF THIS NOnCE. Take this Notice with yOU when YOU meet with the Counsellna Aaency. The name, address and phone number of Consumer Credit Counsellna Aaencles servlna your County are listed at the end of this Nottee. If yOU have any auestlons. yOU may call the PennSYlvania Houslna Finance Aaency toll-free at (SOOl342-2391. Persons with Impaired hearlna can call (7171780-1869. This Notice contains Important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attomey in your area. The local bar association may be able to help you ftnd a lawyer. LA NOnFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENoO EN SU CASA. SI NO COPRENoE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEolTAMENTE LlAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners Name: DAVID SMYTH TWYLA SMYTH Property Address: 455 HUNTERS RD NEWVILLE PA 17241 2066643871 Loan Acct. No.: Original Lender: Current Lender I Servicer: Select Portfolio Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABUSHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF fORECLOSURE - Under the Act. you are entitled to a temporay stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-te-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS 'HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleDhone numbers of desionated consumer credit counselina aaencies for the county in which the oroDertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-te-face meeting. Advise your lender immediatelY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To. do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Anance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-te-face meeting. YOU MUST FILE YOUR APPLICATION PROMPtlY. IF YOU FAIL TO DO SO OR If YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEnER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION fOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria estab6shed by the Act. The Pennsylvania Housing Finance Agency hos sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified direc*, by the Pennsylvania Housing Rnance Agency of its decision on your application. LR064 NOTE: If YOU ARE CURRENTLY PROTECTED BY THE fiLING Of A pamON IN BANKRUPTCY, THE fOLLOWING PART Of THIS NonCE IS FOR INfORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DE8T llf you have filed bankruptcy you con stiR apply for Emergoncy Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEfAULT (Brlna It UD to datel NATURE OF THE DEfAULT: The MORTGAGE debt held by the above lender an your property located at: 455 HUNTERS RD NEWVilLE P A 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payment of 473.79per month due from 04101/2002 through 08101/2004 payment (a total of 29 months): (Mortgage payment includes Escrow Payment of $ 0.00 per month): Accrued Late Charges: Non-SufflCientFunds (NSF) I Retum Check Fees Escrow Advances for Hazard Insurance. Real Estate Taxes and/or Municipal Liens: Other Advances (Property Preservation) Funds On Account: - Total Amount Due: $ 13.739.91 $ 434.32 $ 75.00 $ 6,125.52 $0.00 $ 15,00 $ 20,359.75 .. Funds on Account typically represent a partial payment of principal and interest received that cannot be applied to the loon. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: IDo not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE lENDER, WHICH IS $ 20,359.75. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: Select PorffoRo Servicing, Inc. Remittance Processing P.O. Box 79157 Phoenix, AZ 85062 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (do not use if not applicable) IF YOU 00 NOT CURE THE DEfAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender Intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may LR064 lose the chance to pay the mortgage in monthly installments. If tuB payment of the total amount past due is not made within THIRTY (30) DAYS. the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. If THE MORTGAGE IS fORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred. up to $50.00. However. if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actualy incurred by the lender even if they exceed $50.00. Any attorney's fees wUl be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY perlod, you wlB not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and aU other sums due under the mortgage. RIGHT TO CURE THE DEfAULT PRIOR TO SHERIFf'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings hove begun. you still hove the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the totd amount then past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forlh In this noflce will restore your mortgage to the same poslflon as If you had never defaulted. EARLIEST POSSIBLE SHERiff'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6/ months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course. the amount needed to cure the default wUl increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Select Portfolio Servicing, Inc. ADDRESS: P.O. Box 65250 Salt Lake City. UT 84165-0250 1-800-635-9698 (801/293-2600 Herb Brown PHONE NUMBER: FAX NUMBER: Contact Person: EFfECT Of SHERifF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale. a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note. it may. or may not. be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding payments. charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein. LR064 YOU MAY ALSO HAVE THE RIGHT TO: . SEll THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSmUTION TO PAY OFF THIS DEBT. . HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF yOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY [add table here] LR064 Adams County Housing Authority 139-143 Cartlsle Street Gettysburg, PA 17325 (717) 334-1518 cees of Western PA 2000 L1nglestown Road Harrisburg, PA 17102 888-511.2227 Community ActIon Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 (717) 232.9757 Loveshlp, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (71T) 762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342.2397 CUMBERLAND COUNTY t::J (.J *~ "'- ~ () ~ "l<\. trr Vl ~ () ~~ F t -.c.... n ~ c:: c:::> ~ 1,,~:,.::J .?'..... ..;::'" ;e1 n~ x :7-Tl (:) c:> <: rn-- I -0 rr:; w -OS? () _.o.;{J -0 _~.... -,;r' =1;; n:D ~;,;.C) w (~5 rn ::;01 N ~ .,:- -< #15457-TM Martha E. Yon Rosenstiel, P.e. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o : Select Portfolio Servicing, Inc. flkla Fairbanks: Capital Corp 3815 South West Temple Salt Lake City Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, P A 17241 Defendants PRAECIPE TO THE PROTHONOTARY: Enter judgment in the sum of $65,507.56 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: 3815 South West Temple Salt Lake City, Utah 84165 Defendants: 224 Chestnut Street #1 Mount Holly Springs, P A 17065 / Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o: Select Portfolio Servicing, Inc. flkla Fairbanks : Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, P A 17241 Defendants ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 11/03/04 to 12/17/04 @ $13.19 per diem $64,900.82 $ 606.74 Total assessment $65,507.56 Martha E. Von Rosenstiel Attorney for Plaintiff ~u NOV.~ +- w;\ till... i1~ of _ _ ;2004, Ot.xgou ~~,:Sllit'd Ctl> ..bo~. ( f)~~I--lO '-<.>~ -+L:.,~ ;n-+l~y o--fUa. ~Dc>i cb~'i'!S~ d~5LS~cl ~ 'cl bODe ( { (;J ~~'~~~f. NON-MILITARY AFFIDAVIT STATE OF PENNSYLVANIA SS COUNTY OF DELAWARE Martha E. Von Rosenstiel, Esquire, deposes and says: 1. That I am counsel the for Plaintiff herein, servicer of the mortgage. 2. That the captioned individual(s) are the owners of the Premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and military status. 4. That said procedures were followed in connection with the current delinquency. 5. That, on information and belief, captioned titleholders are not incompetent nor are they service members in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. 6. This verification is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. rtha E. Von Rosen8tle~ Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o : Select Portfolio Servicing, Inc. flkJa Fairbanks: Capital Corp 3815 South West Temple Salt Lake City Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 Defendants CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service ofthe Notice under Rule 237.5 in the above matter was made on the defendants on November 29,2004, as evidenced by the attached postal receipts. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. artha Von Rosen'liel, RS\[Wre / Attorney for Plaintiff DATED: December 17, 2004 #15457-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 45.7 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 04-5547 Civil Term vs. David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, PA 17065 Defendant(s) TO: Occupant/Tenant 455 Hunters Road Newville, PA 17241 Date of Notice: November 29, 2004 IMPORTANT NOTICE U.S. POSTAL SERVICE CERTIFICATE -MAY BE USED FOR DOMESTIC AND INTEANAT;~ OF MAIUNG PROVIDE FOR INSURANCE _ POSTMASTER Al MAIl, DOES NOT Recehfd Fnlm: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE -----~.,~~v ~~ ~v ~TTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR IV li:i)-.=..-. ,,"u UNLESS YOU ACT WITHIN TEN ~ .I/o. ....., :. ~Y BE ENTERED AGAINST YOU '''''ON..,. . AlDxUft ,.;. in 6ta OTHER IMPORTANT RIGHTS. :f...~..." ':olCE. IF YOU DO NOT HAVE A ~ Inquire ot: BELOW. THIS OFFICE CAN '8'sO ~~ current . ~. ~i '\ :IS OFFICE MAY BE ABLE TO MARTHA E. VON ROSENS1IEl, P.!" fT1 'OIII! rAY OFFER LEGAL SERVICES TO 16 S. LANSDOWNE AVE.~ 90S?, ~ Q. fI {!' P. O. flu" 4J7 (~/ . \ 0 I, . . ' . LANSDOWNE. PA 190~~ f!.-..-.- . \ ~ ~ One poece oIllfdinaty 1IIlIiI-**-d 10: ~ ~':_, (I) . . ~ .." ::.:;ScO'j Q c::: 00 '.' . 0 ',"" 0 ...., UCCUJJi::UltIT t::1I&i It ~../:) ~ g <155 1-1' mtArs Road . " . lir} 0 00 Newville, Pa. 17241 ~ ~ ~ J l ;A nON ; Form 3817. Mar'~7 L -r 4...'1 7 "ffv'.- . :iel iff Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South LansQowne Avenue P . 0 . Box 45.7 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff vs. David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, PA 17065 Defendant(s) #15457-TM Attorney for Plaintiff (;<~ (;::;'\ i(=<') \'\ . \\-/-, ". ) f I ~- "/ \'v / '-..,""/ \,:~,/ ,',------ \ /~' :..-> i) COURT OF COMMON PLEAS CUMBERLAND COUNTY . Case No: 04-5547 Civil Term TO: David A. Smyth and Twyla P. Smyth 224 Chestnut Street (1 Mount Holly Springs, PA 17065 Date of Notice: November 29, 2004 IMPORTANT NOTICE .. -0""0 ~ rte ilre in stamps ENTER A WRITTEN APPEARANCE 'ffr~etcr r>stage and THE COURT YOUR DEFENSES OR irosflmark. Inquire of UNLESS YOU ACT WITHIN TEN t.t'~or current A.Y BE ENTERED AGAINST YOU Received From b--;::-::-":;1~ '" "~~ OTHER IMPORTANT RIGHTS. I MARTHA VON ROSENSTIEL, P tl.i.;<00,'O ~\~~. ,,) i ~C~W:~ YOT~I~O ~~:I~VE~ 16 S. LANSDOWNE, AVE. <,u/(~: \,. 0 ,I~,f :::. ,,~...<-~. I ~ , P.O. BOX 457 ~ ""':: '\i .,,:,, ! {;')z " IS OFFICE MAY BE ABLE TO LANSDOWNE, PA 19050 ~ ,,'< /rf; P to AY OFFER LEGAL SERVICES TO One piece ofordilluy mail addressed to: ~;Sl~__,/ ~J< ~ ' "'~"'Nr. David ^. Smyth Be Twyl~ P Smyth -0 -0 0 224 Chestnut Street, #1 , ~ 0 ~ Mount Holly ~prings, ~A. 1'065 0 ".. '" US POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER S Fonn 3817, Mar.1989 937 15"'157 \'tl'- \.TION Martha E. Von Rosenstiel Attorney for Plaintiff t N f? .(g. fL :---0 ~ D - D r ......... 6J ~ 0 "'-) ~ q;;~ c:::::> 0 ....} = ~ .&:- ." j 0 -I ...0 fT1 ::r: ~ ........ ,"""" , c-> n' .." ?25~ r- Q..r 0' ~ N -ryrT1 ~(-~~; \D :1:19 f2 '-' 8C) -I-- z(J ::r;,. I:n ~ _"c- Ci ~ 0--- po c:: -,:~(.... z: '!? om ~-.l :< N ~~ l'v -< PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp v. NO. 04-5547 Civil Term David A. Smyth and Twyla P. Smyth Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $65,507.56 INTEREST from 12/18/04 to SALE DATE At $13.19 per diem $ (Costs to be added) $ N rr r @ ~~ ~ f'V\ "- W , ' CI(....,} '\) ....c) [ ~~ (5 ~ , -f-. hf ~ ~. ~~ 2 g r6" ( - \) ~ ~S0~0~~~~~ ~ . '. .. ~()g66~g~8 ~~~ .. + \' ~~ '- .. ... .... .. -- ~ ::: -. ... ~ "" .... - .... ... - - - ~ .... ~ ) o f; :s-. uc;.~, IT1n-, ;'~~r.' 2~C v"J.},:. ~,;', !<:-c. ~F J;.~ c'2. z =< ~ 0 = -n ,;;;- ~ 5:!:n n m.. ~ 3~ --l () :1: :g ~ ~:) <:"'5 -... Am 'fit =:::) N ~ N LEGAL DESCRIPTION We have searehed and examined the lien records of Cumberland Count)\ Pennsylvania, for the property described as: ALL llIAT CERTAIN lot. tract ofland~ paroel~ place of ground with the buildings and improvements thereon erectod. situate in Lower Mifflin TQwosbipt Cumberland County. Pennsylvania., bounded and. described as follows, to wit: BEGINNING at a point in. the cent<< ofTQwnsbip Road 414. s,aid point being 349 foct northwest of the property line of 101m Chesm.ut and Alfred Gai&ler; thence north 43 degr~ 67 minutes west a distance of 129.45 feet along the <<ntcr of said Township Road 414 to a pin in the <,enter of said road; thence north 52 degrees S minutes west a distance of 80.22 feet still along the center of said Township Road 474 to 11 pin in the center of said Towmihip Road and corner of other lands of the Grantor herein; thence north 49 degrees 00 minutes east a distance of229.20 feet along lands of tire pantor here to a stake and comer of other lands of the grantor hetem; thence south 41 degrees 00 minutes east a distance of 208.00 f'eet still along other lands or the grant.Orherem; thence south 49 degrees 00 minutes west a distance of208.00 feet still along other lands of the gr-.m.tors herein to a pin in the center of the afoteSa.id Township Road 414 and THE PLACE OF BBGlNNlNG Commonly koown as: 455 Buten Roadt NewvtUe, Pa 17241. TITLE IS VESTED IN: David A. Smyth and Twyla P. Smith, by Deed from Lester S. Neidigh and Rebecca A. Neidigh, dated 07/18/1997, recorded 07/18/1997 in Deed Book 161, page 312 Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o : Select Portfolio Servicing, Inc. flk/a Fairbanks: Capital Corp 3815 South West Temple Salt Lake City Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, P A 17241 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 455 Hunters Road, Newville, PA 17241. 1. Name and address of owners( s) or reputed owner( s) David A. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 2. Name and address of defendant(s) in the judgment: David A. Smyth 224 Chestnut Street # 1 Mount Holly Springs, P A 17065 TwylaP. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Weigle & Associates 126 E. King Street Shippensburg, P A 17257 4. Name and address ofthe last recorded holder of every mortgage of record: Northwest Consumer Discount Company 223 Penrose Place Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Register of Wills County Courthouse Carlisle, P A 17013 United States of America Inheritance Tax Bureau Washington, DC 20530 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriff's Sale Dept. 281230 Harrisburg,PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PAl 71 05 OCCUPANTsnENANTS 455 Hunters Road Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation 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. --l 0 '" = 0 c = -n ~:: .s::- STJF' 0 "-4 M :I: 'T1 ('") rnF ~.r' r~..' -om L, N ~?}~ U) :D? , 00 r-" --j -'r <.. 6-d 2("~ ~.. fie) ~ .o,YC> ..J"> (::: \.0 om Z -oi ~ =2 "., :a N --<: ., Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o: Select Portfolio Servicing, Inc. f/k/a Fairbanks: Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, P A 17241 Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 Your house and/or real estate at 455 Hunters Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on June 8, 2005 at 10:00 a.m. to enforce the court judgment of$65,507.56 obtained by M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998- 2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/kIa Fairbanks Capital Corp the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 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 contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling (610) 328-2887. 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (610) 328-2887. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 (717) 249-3166 €LAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. 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. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 LEGAL DESCRIPTION We have searched and examined the lien recx>1'ds of Cumberland County~ Pennsylvania, furthe property described as: ALL mAT CEltT AIN lot. tract ofland. pared, place of ground with the buildings and improvements thereon erected. situate in tower Mifflin Townsbip, Cumberland County, Pennsylvania, bound.ed and described as follows. to wit: BEGINNING at a point in the center ofTQwnabip Road. 414, s,aid. point being 349 tOet northwest of the property line of lohn Chestnut and Alfred Gaia1er; thence north 43 ~ fJ7 min'Iltes west a dista1lee or 129.4S feet aSong1bc ecntcr of said Township Road 41410 a pin in 11\0 center of said road; thence north 52 degrees S minmes west a distanCe of 80.22 feet still along the ootttcr of said Township Road 474 to a pin in the center of said Townsldp R.oad and corner-of other lands of the Grantor heroin; thctmc north 49 degrees 00 minutes out a distance of2Z9.20 feet along lands of the grantor here to a stake and corner of other lauds of the grantor herein; thence south 41 dogrees 00 minutes east a distance of2DS.OO feet still along other lands of the grantor herem.: thence south 49 degrees 00 minutes west a di8bm.oe of 208.00 rem still along other lands oftbegranrorsberein to apiD in the center of the aforesaid Township Road 414 and THE PLACE OF BEGINNING Commonly known as: 455 ButerlRoad, NewvUIe, Pa 17241. TITLE IS VESTED IN: David A. Smyth and Twyla P. Smith, by Deed from Lester S. Neidigh and Rebecca A. Neidigh, dated 07/18/1997, recorded 07/18/1997 in Deed Book 161, page 312 Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o : Select Portfolio Servicing, Inc. fi'kla Fairbanks : Capital Corp 3815 South West Temple Salt Lake City, Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, PA 17241 Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 Your house and/or real estate at 455 Hunters Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on June 8, 2005 at 10:00 a.m. to enforce the court judgment of$65,507.56 obtained by M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998- 2 c/o Select Portfolio Servicing, Inc. fIkIa Fairbanks Capital Corp against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. fIkIa Fairbanks Capital Corp the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 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 contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling (610) 328-2887. 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (610) 328-2887. 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 ofthe money, which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7, You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. 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. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 717 240-6391 LEGAL DESCRIPTION We have searched and examined the lien recorda of Cumberland County~ Pennsylvania, for the property described as: ALL 1lIAT CBRT AlN Jot. tract ofland, parcet~ pJace of ground with the buildings and improvements thereon erected, situate in Lower MUllin Township, Cwnb<<iand County, Pennsylvania, bounded and d_ribed. as follows. to wit: BEGINNING at a point in the cClltcr of Township Road. 414, SIlid point being 349 feet llOrtbwest of the propmy line of lohn Cbesto.ut and Altic:d Gaislcr; thence north 43 d~ en nUn'U.* west a distance of129.4S!eet aJoDgthcccntcrofsBid Township RDad414 to a pin io.1ho ccatcr of said road; thence north 52 degrees S minutes west a distanee of 80.22 feet still along the center of said Township Road 474 to a pin in the center of said TownsIUp Road and comer of other lands of the Grantor herein; thence ttOrth 49 degrees 00 minutes oast a disW1ce of229.20 ~t along lands oftbe grantor here to a stake and comer of other lands of the grantor herein; thence south 41 degrees 00 minutes east a distance oi208.00 :feet still along other lands of the grautOt herein; thence south 49 degrees 00 minutes west a distance of208.00 feet still along other landa of the s....mb:m herein to a pin in the center of the aforesaid Township Road 414 and tHE PLACE OF BEGINNING Commonly known as: 455 Hoterl RD.... Newvme, Pa 17141. TITLE IS VESTED IN: David A. Smyth and Twyla P. Smith, by Deed from Lester S. Neidigh and Rebecca A. Neidigh, dated 07/18/1997, recorded 07/18/1997 in Deed Book 161, page 312 0 ......, c:::::> 0 c:: c:::::> -n <' ..r:- l"] 0 -f ~~: r.: r< :r.:" () n"lp= z-.-- N -om ~'):!- :fJ C) \D 06 ~~~; --.1 .~,,, -r, ;po. ;:-'5 :J.} ~ ":.- C) ~l.) (,:) rT1 c:. '-" :z: ,,,,,I =< N 5i N .< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE HOLDERS OF SECURITIZATION SERIES 1998-2 C/O SELECT PORTFOLIO SERVICING, INC. FIK/A FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVID A. SMYTH AND TWYLA P. SMYTH NO 04-5547 Civil CIVIL ACTION - LAW (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,507.56 L.L. $.50 Interest FROM 12/18/04 TO SALE DATE AT $13.19 PER DIEM Atty's Comm % Atty Paid $180.58 Plaintiff Paid Date: DECEMBER 29, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonota?? p ~ ~ L/v?O~t? / [~/(/}A'y~ Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05547 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T TRUST COMPANY VS SMYTH DAVID A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMYTH DAVID A but was unable to locate Him In his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SMYTH DAVID A 455 HUNTERS ROAD NEWVILLE, PA 17241 455 HUNTERS ROAD IS VACANT AND PADLOCKED. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 8.88 5.00 10.00 .00 29.88 So answe~ ? __......--:----..---- - ~~~;:--- / R. Thomas Kline Sheriff of Cumberland County MARTHA VON ROSENSTIEL 11/05/2004 Sworn and this se- subscribed to before day afM me d.--1l1J 5' A . D . C)x:--- Q ffnA;O" >~. Prot otary / SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05547 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T TRUST COMPANY VS SMYTH DAVID A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMYTH TWYLA P but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SMYTH TWYLA P 455 HUNTERS ROAD NEWVILLE, PA 17241 455 HUNTERS ROAD IS VACANT AND PADLOCKED. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers: __--"',,/-_? ~....,. _----- 6~--? .>----,.- -:::::.---~ .------ -' ~.--~~...~- --~~_.. '-- ~ ~/- .., ~ ?---~'-- / R. Thomas -Kline Sheriff of Cumberland County MARTHA VON ROSENSTIEL 11/05/2004 Sworn and subscribed to before me this ~ ~ day of 9""""'} d/lOl5 A.D. QS(/-/Q ~,O~~AY:; Pr onotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-05547 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T TRUST COMPANY VS SMYTH DAVID A ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMYTH DAVID A the DEFENDANT , at 1424:00 HOURS, on the 4th day of November, 2004 at 224 CHESTNUT STREET #1 MOUNT HOLLY SPRINGS, PA 17065 by handing to DAVID SMYTH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 ~ /~) ,~,";::;7' ;::;:<~>~." ~~:-;~2:..~<;'~,:,~,:-::;::; , R. Thomas Kline /h' -:<,:;(1',. ,,,,,,~?0;::?:_ ~ ...._,.../'~~ ^/ - Sworn and Subscribed to before 11/05/2004 MARTHA VON ROSENSTIEL D~~e~;-J By: me this 1~ day of Ch ;2ovS A.D. ~Q )y,J~~d ~. Prothonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2004-05547 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T TRUST COMPANY VS SMYTH DAVID A ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMYTH TWYLA P the DEFENDANT , at 1424:00 HOURS, on the 4th day of November, 2004 at 224 CHESTNUT STREET #1 MOUNT HOLLY SPRINGS, PA 17065 by handing to TWYLA SMYTH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 11/05/2004 MARTHA VON ROSENSTIEL Sworn and Subscribed to before me this 5J~ day of In '1./ AD l_~ ~07J5 " (~Q /h,ihvAO;f , rothonotary ) 71 By: /~ b-,J- J I De$ff"'Y Sheriff #] 457-TM (0 Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o : Select Portfolio Servicing, Inc. flkla Fairbanks: Capital Corp 3815 South West Temple Salt Lake City Utah 84165 COURT OF COMMON 1LEAS CUMBERLAND COUN ~ Y I No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, P A 17241 Defendants AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO ~ULE 3 29.1 COMMONWEALTH OF PENNSYLVANIA: ' i SS ! COUNTY OF DELAWARE 'I , MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in thelabove ac ion, hereby certifies that service ofthe Notice under Rule 3129.1, in the above matter waS made 0 the defendants by Sheriffs Service and/or via certified mail, return receipt requefted and y regular first class mail (unless otherwise stated) and on all interested parties, set fortH below, b regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: 1. Name and address of owners(s) or reputed owner(s) David A. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 2. Name and address ofdefendant(s) in the judgment: David A. Smyth 224 Chestnut Street # 1 Mount Holly Springs, P A 17065 Twyla P. Smyth 224 Chestnut Street # 1 Mount Holly Springs, P A 17065 3. Name and address of every judgment creditor whose judgment isla record 'en on the real property to be sold: Weigle & Associates J 126 E. King Street Shippensburg, P A 17257 4. Name and address ofthe last recorded holder of every mortgage 4frecord: Northwest Consumer Discount Company ,/ ! 223 Pemose Place Carlisle, PA 17013 , 5. Name and address of every other person who has any record lien tn the pro erty: NONE i 6. Name and address of every other person who has any record inter~st in the roperty and whose interest may be affected by the sale: I Cumberland County Tax Claim Bureau tr 1 Courthouse Square Carlisle, PA 17013 Cumberland County Register of Wills / County Courthouse Carlisle, P A 17013 United States of America ../ Inheritance Tax Bureau Washington, DC 20530 P A Department of Revenue II Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, P A 17128-1100 Family Court/Domestic Relations Office .J One Courthouse Square Carlisle, P A 17013 Bureau of Compliance ./ Clearance Support SectionJATTN: Sheriff's Sale Dept. 281230 Harrisburg, P A 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg,PA 17105 I OCCUPANTS/TENANTS j 455 Hunters Road Newville, PA 17241 I verify that the statements made in this affidavit are true and correc1 to the be t of my personal knowledge or information and belief. I understand that false state~ents here n are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsipcation t authorities. , a . Yon Rosenstiel eyforP . . / ( III <tJ .-'l .=t' <tJ III L/l ~ U.S. Postal Service'M GERTIFIED MAil,,, J:tECEIPT . (DI)mesfic Mail Only; No Insurance Coverage Provided) Postage ~~ ',:,""...... ]1' )}~-!:',~ - t;.o~ark , 1~:Hfr I Certitied ~ee o o Return Reciept Fee o (Endorsement Required) o Restricted Delivery Fee M (Endorsement Required} ~ ru Total Postage & Fees $ ru Sent To g 455J:hmtersnRoad.........n.......n.n.n....n........jn__ f'- ~11~. PA 17241 n...........__n__....n__..JlL. ciii:siatitziir..:;---uum..-n.....------n-- W _ <tJ ..0 .-'l ~ <tJ III L/l ~ postage Certiiied fee ~ o D Return Reciepl Fe6 o (EnOofsement Requited,) Cl Restricted Delivery, Fee M (Endorsement ReqUired) ~ III Total Postage- & Fees $ ru Seo,TO '. fi\1} g ~~p~>>~tnut.s~eet.#~A.170.65n--..n..=7 f'- 'M~.!:!Q!!Y..~P.!:!!Ig~l--n...--.......--"'''''''''''''V1' . City, Sfate, ZlP+4 \I) - See Reverse for InstructIons PS Fmm 3800, June 1002 L/l f'- .-'l ~ <tJ ru L/l ~ Postage /~ '/ r":--____,~ / O/(!f; L .;../ '~~ark H". ..:t' Certified Fee o Cl Return Raciep! Fee CJ (Endorsement Required) CJ Restricted DeliveryFee r:I (Endorsement Required) ~ ru lota\ Postage &. Fees $ ru o CI f'- a- a- .-'l ~ <tJ III L/l ~ ..::t" Certified Fee o C] Return Reciap\ Fee D (Endorsement Required) D Restricted Delivery Fee M (E:ndorsement Required) ~ ru Total Postage &. Fees $ ru o o f'- Received From: ----:---------._, /'-,). ~-; I ;.)" /1 I ._------. '1 ", ('-.-',/ ----.." \ MARTHA VONROSENSTI~'tf"C; \',,\ 649 sauro A VENU / ( ," UNIT 7 -;, \ . . SECANE, PA 19018 ':'" '<" One piece of ordiIary mail addressed to: <.. Twyla P. Smyth 224 CI.&&b.llt Stl..et 1lI1 Mount Holly Springs, PA 1706 ( 1./.5 PS Form 3817, Mar. 1989 G U.S POsrAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTllB--- Received From: MARTIIA VON ROSENSTI;L;.~.C.;;:.,' 649S0UTHAVENU("- .> UNIT 7 /~(" :,,\ SECANE,PAI90\S, ''';j One piece of ordilary mail addressed to: ~>". _ ; ./1 -',', -' -, ,/ David A. 5myth-: 224 Ci;)e-,tn11t ~fr&lCtot #1 Mount Holly Springs. PA 1706 PS Form 3817, Mar.l989 lro U.. S S V CE CE F TE OF MAYBE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTIIA VON ROSENSTIEI(,'i"C: ,; 649S0UTHAVENUr~( .... UNIT 7 I SECANE, PA 1901S C'\ One piece ofordilary mail addressed to: \:t ",,- ,,/,r. '. DaVid A. Smyth <155 HI.U1WA Road Newville. PA 17241 PS Form 3817, Mar.1989 4> s-s' U.S POST ERVICE FI A 0 MAYBE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTIIA VON ROSENSTIE\.-I:giT'~;> 649 SOUTH AVENUE I;, / UNIT 7 (f SECANE, PA 1901S /,\ One piece of ordiuuy mai100dressed to: '\~; \~ "'..:',t., .- -" \',' ,::- \j /' Twylll' P ~myth-- 455 Hunters Road NeWVille, I'A 1/241 PS Form 3S17, Mar. 1989 tv. ,--- Cb _L-' .. 'Oo-(]O ~~in or ~ctcr ppstage Po."'",k. lnquitc 0 ilnSMt,lQr aim: 'ft._.... v~ ~ 1ft ~ i?' f')' ~.' ffi '0 t' ;} ~ c; If' '" 3." I '0 ~tJo :b co ;tl ~ II _..lo_-" I"J ~:~ t<> """ ss OJ'-U OOVl \It.... AftI,/ltee he Orl'iilbl" !'P i~lt' 2 0 I ~ ~ ~ 'I '" ool~ :;;~~ II C} 0 -~o"O """'''' 5S · Complete nems 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, PA 17065 2. Article Number (Transfer from sd1)''t!; PS Form 3811, August 2001 3.~servlce Type ~ Certified Mall 0 Express Mall Registered 0 Return Receipt Marchandi o Insured Mail 0 C.O.D. : 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Retum Receipt 15 4- c5' 7 sS SENDER CQnlPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you.. . . Attach this card to the back ~f the mallplece, or on the front if spacepennils. 1. Article Addressed to: David A. Smyth 224 Chestnut Street #1 Mount Holly Springs, PA 17065 2. Article Number (Transfer from ~ PS Fonn 3811, August 2001 l,.<o x a D. IstliVery address different from Item 1? if \ES, enter delivery eddress below: 3. ~lVice Type ~ Certified Mall o Registered D Insured Mail D C.O.D. 4. Restricted Delivery? 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())~~~~ ~ 0..(1<. ji; 2: -oCO<l~ g 00 -. a;: ;1("" " O'\~"tD1l. g ~ C" VI ~'.!"- " _-x -I ,::!ten 0" ~ =>'$s O ", 3 .. \ - "0 '!' 0 3". j? ii!Jl -1 0 ~ 05'''' "':!l' I 0'" '" 1:1 ~ ::: Q in' !" ,;r.. IT 3:_~ "'l ~Q~ ~~~ II '" l't >>000 i>V1'" :!' ." ~ -<) " -1, '-----' ::J '--,"I C,) c.'1 i...)...; .1>4 . - #15457 -11\1\ Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610328-2887 Attorney LD.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o: Select Portfolio Servicing, Inc. f/kIa Fairbanks: Capital Corp, Plaintiff and EMC Mortgage Corporation COURT OF COMMON PLEAS Cumberland COUNTY Case No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Smyth Defendant ASSIGNMENT OF JUDGMENT To the Prothonotary: Kindly assign the Judgment in the amount of $65,507.56 to: EMC Mortgage Corporation c/o Select Portfolio Servicing, Inc., f/kIaI Fairbanks Capital Corporation located at 3815 South West Temple, Salt Lake City, UT 84115-4412 in the abo captioned matter. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: June 7, 2005 (.:) ~ 7'\1- - u.., €'" ....} B~ - VI ~ ~ \) \) -J r ~ ............ Q c 4~_ -;) {;. r"f' r:' -:~ .... ~-~'". ~\~; :g'L) 7C~ 0'::> "L 'i@. ~ cJ' -I ~ "if.,:;::l : ~~; ",~.r:.4.i. ~ ~~~ .--- "g ~ ;;;; "" ~ ;;- - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which James L Adams & Teresa M is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 29th day of Dee, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 5547, at the suit ofM & T Trust Co Tr against David A Smyth & Twvla P is duly recorded in Sheriff's Deed Book No. 269, Page 4971. IN TESTIMONY WHEREOF, I hadreunto set my hand and s al of said office this r2 D day of , A.D. cJ(Jt).j- M&T Trust Company, as Trustee, in trust For the holder of Securitization Series 1998-2 VS David A. Smyth and Twyla P. Smyth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5547 Civil Term Kenneth Gossert, Deputy Sheriff, who being duiy sworn according to law, states that on February 17, 2005 at 8:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: David A Smyth and Twyla P. Smyth, by making known unto David and Twyla Smyth, personally, at 224 Chestnut St., #l, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to them personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 6:05 o'clock P.M., he posted a true copy of the within Reai Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David A. Smyth and Twyla P. Smyth located at 455 Hunters Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: David A Smyth and Twyla P. Smyth, by regular mail to their last known address of 224 Chestnut Street, # l, Mt. Holly Springs, P A 17065. These letters were mailed under the date of April 8, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at lO:OO o'clock AM. He sold the same for the sum of$56,550.00 to James Adams for James L. and Teresa M. Adams. It being the highest bid and best price received for the same, James L. and Teresa M. Adams of P.O. Box 82, lO East South Street, Franklintown, PA 17323, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$59,791.60. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 1,131.00 15.00 15.00 30.00 10.00 .50 1.00 12.58 4.70 Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed l5.00 30.00 .74 3l1.90 326.98 16.47 25.00 39.50 $ 2,015.37 Sworn and subscribed to before me This 2L day of C/j 2005, A.D. GJ:' Q Yh-~tJ, P thonotary So Answers: .~~e.U:#~ R. Thomas Kline, Sheriff ,~ BY UCJ ~ srNi.J.. Real Estat eputy v ~. SO V' .30' tV \." tk.SD(.li UG-v. /r. {. {. '13 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiei 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff M&T Trust Cornpany, as trustee, in trust for the holders of Securitization Series 1998-2 c/o : Select Portfoiio Servicing, Inc. fIkIa Fairbanks: Capital Corp 3815 South West Ternple Salt Lake City Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civil Term Plaintiff vs. David A. Smyth and Twyla P. Srnyth 455 Hunters Road Newville, PA 17241 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 455 Hunters Road, Newville, PA 17241. 1. Name and address of owners(s) orreputed owner(s) David A. Smyth 224 Chestnut Street # 1 Mount Holly Springs, P A 17065 Twyla P. Srnyth 224 Chestnut Street # 1 Mount Holly Springs, P A 17065 2. Name and address of defendant(s) in the judgment: David A. Srnyth 224 Chestnut Street # I Mount Holly Springs, P A 17065 TwylaP. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Weigle & Associates 126 E. King Street Shippensburg, P A 17257 4. Name and address of the last recorded holder of every mortgage of record: Northwest Consumer Discount Company 223 Penrose Piace Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person ofwhorn plaintiff has knowledge who has any interest in the property which rnay be affected by the sale: Cumberland County Tax Clairn Bureau I Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills County Courthouse Carlisie, P A 17013 United States of America Inheritance Tax Bureau Washington, DC 20530 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 Family CourtlDomestic Relations Office One Courthouse Square Carlisle, P A 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, P A 17105 OCCUPANTS/TENANTS 455 Hunters Road Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowiedge 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. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South A venue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff M&T Trust Company, as trustee, in trust for the hoiders of Securitization Series 1998-2 c/o : Seiect Portfolio Servicing, Inc. f/k/a Fairbanks: Capital Corp 3815 South West Ternple Salt Lake City, Utah 84165 COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 04-5547 Civii Term Plaintiff vs. David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, PA 17241 Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David A. Smyth and Twyla P. Smyth 224 Chestnut Street #1 Mount Holly Springs, P A 17065 Your house and/or real estate at 455 Hunters Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on June 8, 2005 at 10:00 a.m. to enforce the court judgment of$65,507.56 obtained by M&T Trust Company, as trustee, in trust for the hoiders of Securitization Series 1998- 2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you rnust take IMMEDIATE action: I. The sale will be cancelled if you pay to M&T Trust Company, as trustee, in trust for the holders of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/k/a Fairbanks Capital Corp the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 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 rnay also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the rnore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be soid to the highest bidder. You rnay find out the bid price by calling (610) 328-2887. 2. You rnay be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the vaiue of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you rnay call (610) 328-2887. 4. Ifthe amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe 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 tirne, the buyer may bring legai proceedings to evict you. 6. You rnaybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that rnoney. The money will be paid out in accordance with this schedule uniess exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act imrnediateiy after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) Frorn rny real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice ofthe hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Clairn for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 LEGAL DESCRIPTION Wohave searched IlIId e.xarnIned the lien reoords of Cumberland County, Pennsylvania, 1br the property doscribod.; ALL THAT CERT AlN lot, tract ofll!ll4, JIllI'OCl, place of ground with the buildings and improvemen\$ thereon erected, situate in Lower Mi:fl:1in Township, Cumberland County, Pennsylvania, boundcld and described lIB follows. to wit: BEGINNING at a point in the center of Township Road 414, 6,ald point beiag 349 feet oorthWllSt of the property D of 10hn Chestnut and Alfred Oaisler; thence north 43 dllgree$ 07 minutes weal. a distlInee ofl29A5 feet along the ~ ofuid ToWll5bip Road 41410 a pin in the cClrter of said road;lbe:nee north 52 degrees S Dlinutes west a distance of 80.22 feet still along the oontcr of said Towll8hip Road 474 to a pin in the center of sllid Towosbip koad and corner of otberlands of the Grantor horeia; thence north 49 degrees 00 minutes cast a distance of 229.20 feet along Jands of the grantor here to a stake and comer of other illllds oflbo grantor hcrcin; thence $OIl/h 41 degrees 00 minutes cast a distance of20S.00 feet still along othcr lands of the srantor herein; thence _111 49 degrees 00 minutes west a disIBnce of 208,00 feet still along other lands of the grantors herein to a pin in the center of the aforesaid Township Road 414 and 'tHE PLACE OF BEGlNNING Commonly Irnown as; 455llllatel1 Hold, NewvUIe, Pa 17241. TITLE IS VESTED IN: David A. Smyth and Twyla P. Smith, by Deed from Lester S. Neidigh and Rebecca A. Neidigh, dated 07/18/1997, recorded 07/18/1997 in Deed Book 161, page312 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5547 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE HOLDERS OF SECURITIZATION SERIES 1998-2 C/O SELECT PORTFOLIO SERVICING, INC. FIKIA FAIRBANKS CAPITAL CORP. Plaintiff(s) From DAVID A. SMYTH AND TWYLA P. SMYTH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,507.56 L.L. $.50 Interest FROM 12118/04 TO SALE DATE AT $13.19 PER DIEM Atty's Corum % Atty Paid $180.58 Plaintiffpaid Date: DECEMBER 29, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ProthO~ 7pu "Sy: a-." P -:J? /2/ 1 cr-- Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale #18 On February 15,2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 455 Hunters Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15,2005 By:J;~~[' Real E~'tltte Deputy ~ ~ ?&v ~ q( :( d bl :l30 IIDDl Vd 'AHHiO:J ONVll:J38W03 .:I.m13HS 3Hl .:10331.:1.:10 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COpy SALE #18 Sworn to and subscr PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 326.98 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTATE $ALE No. 18 . Writ No. 2004-6547 . CMITerm MaTTruaI Compeny, _ TnI8-. In lnlaf fOr fbe........... of. . ~---1l!18? 010 1IIect......1Io ~ I.... fIIrIa ""1rIIimka C8IIIiIII' eorp. 'III ., D8v1dA. ~1IIId Atty:~~~ DESCRIP1lON . ALL THAT CEKfAll!iiot, "'" of iaDd, parcel, piJl:e of groondwitllllle buIIdiDp and ~ ""'_, _ ill Low" Mifl\ln, ToWDSbip, CumberIaod Coonty, Pem1sy1vania, bounded and desctibod .. _, to 4IfooINNING at a poiut in . the center of ToWDSbip Road 414, said poiDI beiDI 349 feet oorthwe" of lIIe _ 1ioe oflobn Chestnut aod Alfred Gaisk.; tbeoce north 43 deg= 07 miDlIIes _......... ,of 129.4$ feet aIoqJ'lIIe ceoler of said TOWlIIOip R..t 414... pin in lIIe centerpf said road; tbeol;e llOI1h;2 del""'; __._of8012fcelstiJJaIoogllle cColer of said rOWlllOip I\oad 474... pin ill lIIe center of said Towaohip R..t and cOmer of oIbtr laods of die Gtantor ..; lhence north 49 degrees 00 miD""''''' ......... of 22910 feet aIoog iaDds of die graolothere... . _and comerofolberlaods,ofllle' herein;lhen<e south 41 deg= 00 ~. distance of 2U800feetsliUaIoogodJetlaodsofdlegraoliJr herein; tbeol;e soudt 49 degnlii"lXl- west. distance of2llS00 feet stiJJ'a1oigolberlaods of the gnmtDiS herein to a pin in !be center of the aforesaid TOWlIIOip R..t 414 and die place of BEGINNING. CollllDOOly known as: 455 H_ Road, NewviIk, PA 1724 L ~ IS VESIl!D in: DavidA. SmydI and Twyla P. _, by Deed from Lester s. Neidi&h and Rabecca A.NeilIigh, _ 071181 1997, reoonIed 07/181191J1 ilboId 1o?i< 161. page 312. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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 iocal 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 15,22,29,2005 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 alJegations in the foregoing statements as to time, place and character of pubiication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April SEAL LOIS E. SNYDER, Notary Public CIIIIisIe BolO, Cumberland County My Commis&ion ExpIres Match 5. 2009 REM. ESTATE SALE NO. 18 Wrtt No. 2004-5547 CMI M&T Trust Company. as Trustee, in trust for the holder of Securitization Sertes 1998-2 c/o Select Portfolio Semcing, Inc" f(k(a Fairbanks Capital Corp. vs. David A. Smyth and Twyla P. Smyth Atty.: Martha Von Rosenstid LEGAL DESCRIPTION We have searched and examined the lien records of Cumberland Coun. ty. Pennsylvania. for the property described as: ALL "!HAT CERTAIN lot. tract of land, parcel. place of ground with the buildings and improvements thereon erected. situate in Lower Mif- flin Township. Cumberland County, Pennsylvania. bounded and de- scribed as follows, to wit: BEGINNING at a pOint in the cen- ter of Township Road 414. said point being 349 feet northwest of the property line of John Chestnut and Alfred Gaisler: thence north 43 de- grees 07 minutes west a distance of 129.45 feet along the center of said Township Road 414 to a pin in the center of said road: thence north 52 degrees 5 minutes west a dls~ tance of 80.22 feet still along the center of said Township Road 474 to a pin in the center of said Town~ ship Road and comer of other lands of the Grantor herein: thence north 49 degrees 00 minutes east a dis- tance of 229.20 feet along lands of the grantor here to a stake and cor- ner of other lands of the grantor herein; thence south 41 degrees 00 minutes east a distance of 208.00 feet still along other lands of the grantor herein; thence south 49 degrees 00 minutes west a distance of 208.00 feet still along other lands of the grantors herein to a pin in the center of the aforesaid Town- ship Road 414 and THE PLACE OF BEGINNING. Commonly known as: 455 Hunt- ers Road. NewviUe, PA 17241. TITLE IS VESTED IN; David A. Smyth and Twyla P. Smith. by Deed from Lester S. Neidigh and Rebecca A. Neidigh. dated 07/18/1997. re- corded 07/18/1997 in Deed Book 161. page 312. SCHEDULE OF DISTRIBUTION SALE NO. 18 Date Filed: July 08, 2005 Writ No. 2004-5547 Civil Term M&T Trust Company, as Trustee, in Trust for the Holder of Securitization Series 1998-2 c/o Select Portfolio Servicing, Inc. f/kla Fairbanks Capital Corp. VS David A. Smyth and Twyla P. Smyth 455 Hunters Road Newville, P A 17241 Sale Date: Buyer: Bid Price: June 08, 2005 James L. Adams $56,550.00 Real Debt: Interest: Attorney Costs: $65,507.56 2,268.68 180.58 Total: $67,956.82 DISTRIBUTION: Receipts: Cash on account (02/10/2005): Cash on account (06/08/2005): Cash on account (06/23/2005): $ 1,500.00 5,655.00 54,136.60 Total Receipts: $61,291.60 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Shelby Winter, Local Tax Collector Attorney Martha Von Rosenstiel M&T Trust Company Total Disbursements: Balance for distribution: So Answers: r~~ R. Thomas Kline Sheriff $ 2,015.37 200.00 955.30 955.30 1,597.17 1,388.24 1,500.00 52,680.22 ($61,291.60) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLlCY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 18 Held Wednesday, June 8, 2005 Date: June 8, 2005 TAXES: Receipts for an taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no iiability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Ciaims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2005, and recorded , 2005, in Cumberland County Deed Book , Page RECIT AL: Being the same premises which Lester S. Neidigh and Rebecca A. Neidigh, husband and wife by deed dated July 18, 1997 and recorded July 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 161, Page 312, granted and conveyed to David A. Smyth and Twyla P. Smyth, husband and wife, OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Township Road T-414 known as Hunters Road. 6. Mortgage in the amount of $44,000.00 given by David A. Smyth and Twyla P. Smyth to Keystone State Mortgage Corporation dated May 26, 1998 and recorded June 2, 1998 in Mortgage Book 1457 Page 732. Said mortgage was assigned to Contimortgage Corporation by instrument recorded September 2, 1998 in Miscellaneous Record Book 587, Page 461. Said mortgage was further assigned to Manufacturers and Traders Trust Company by instrument recorded September 2, 1998 in Miscellaneous Record Book 587, Page 463. Complaint in mortgage foreclosure filed by M & T Trust Company, Trustee on November 3, 2004 in the Office of the Prothonotary of Cumberland County to File No. 2004-5547. Judgment in the amount of $65,507.56 entered on December 29, 2004. 7. Mortgage in the amount of $10,369.00 given by David A. Smyth and Twyla P. Smyth to Northwestern Consumer Discount Company dated October 21, 1998 and recorded October 22, 1998 in Mortgage Book l491, Page 221. 8. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau. 9. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 14. Real estate taxes accruing on and after July 1,2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~--L1, Robert G. Frey, Agent Note: This Title Report shall not be valid r b' ding until countersigned by an authorized signatory. '. REAL ESTATE SALE NO. IS Writ No. 2004-5547 ClvU M&T Trust Company. as Trustee, in trust foc the holder of SecurlUzatlon Sertes 1998-2 clo Select PortfolJo Servlclng. Inc.. Uk/a Fairbanks Capital Corp. v,. David A. Smyth and TwyJa P. Smyth Atty.: Martha Van Rosensllel LEGAL DESCRIPTION We have searched and examined the lien records of Cumberland Coun- ty, Pennsylvania, for the property described as: ALL TI!AT CERTAIN lot, tract of land. parcel, place of ground with the buUdlngs and Improvements thereon erected, situate 111 Lower Mlf~ llin Township. Cumberland County, Pennsylvania, bounded and de- scribed as [allows. to. wit: BEGINNING at a point in the cen~ f.er ofT<Mnshlp Road 414, said point being 349 feet northwest of the property lIne of John Chestnut and Alfred GaJsler; thence north 43 de- grees 07 minutes west a distance of 129.45 feet along the center of said Township Road 414 to a pin 1n the c~ter of said road; thence: north 52 degrees 5 mJnutes west a d1a~ tance of 80.22 feet sUIl along the center of said Township Road 474 to a pin In the: center of sald Town- ship Road and comer of other lands o{ the Grantor herein; thence north 49 degrees 00 minutes east a dls- lance of 229.20 feet along lands of the grantor here to a stake and cor- ner of other lands of the grantor herein: thence south 41 degrees 00 minutes east a distance of 208.00 feet sUIl along other lands of the grantor herein; thence south 49 degrees 00 mJnute:s west a dtstance of 208.00 feet still along other lands of the grantors herein to a pin In the center of the aforesaid Town- ship Root) 414 and THE PLACE OF BEGINNING. Commonly known as: 455 Hunt~ era Road, Newville, PA 17241. TITLE IS VESTED IN: David A. Smyth and Twyla P. Smith. by Deed from Lester S. NeldJgh and Rebecca A. Neidigh. dated 07/18fI997, re- corded 07/18/1997 In Deed Book IEiI. page 312.