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HomeMy WebLinkAbout06-7179PHELAN HALLINAN & SCHMIEG, L.L.P. • By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP: DC- CASH (BY) IRVINE, CA 92618 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM Plaintiff, V. ROBYN K. SNOW Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBYN K. SNOW Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $137,960.89 Interest from 12/19/06 to 02/12/07 $1,818.88 TOTAL $1399779.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. v t DANIEL G. SCHMIEG, ESQUIRE ' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 13 1 A667 'I a. e - - 4?w unw PRO P OTHY 145765 PHELAN HALLINAN & SCHMIEG, LLP *By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- : CIVIL DIVISION OPT5,ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 : CUMBERLAND COUNTY Plaintiff Vs. ROBYN K. SNOW Defendants TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 DATE OF NOTICE: JANUARY 30, 2007 FILE Co'-'Py 411" THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 :NO. 06-7179-CIVIL TERM FRANCIS S. HALLWAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. 'By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP: DC- CASH (BY) Plaintiff, V. ROBYN K. SNOW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBYN K. SNOW is over 18 years of age and resides at, 341 PINE GROVE ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. U F . DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 7d44 o C ? ? p (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP: DC- CASH (BY) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM Plaintiff, V. ROBYN K. SNOW Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on I LAag?,Q 200 7 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE . CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- No. 06-7179- CIVIL TERM BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' l cost Interest from 02/12/07 to JUNE 13, 2007 (per diem -$22.98) $139,779.77 $ 2,139.50 $2,780.58 and Costs TOTAL $144,699.85 It DANIEL G. SCHMIEG, ESQUIRE ' One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale-must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 145765 Q a? ? W O? Oa a? H? V H ? W G ? O N BHA ??' w H coH? 0;A 0 v! E.A H? N zaA?a W?H?V a w?? V 3 0 z a A n a ? ? rT I ri M Z?- z U w? H c da ? o w? U O ? d N M w \3 A ? o a o M a 45 a w ca .T O . DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled "Subdivision Plan for Mountain Creek Campground, Inc.," dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJECT, to covenants, conditions, reservations, restrictions, easements and rights of way of record. HAVING thereon erected a dwelling house being known and numbered as 341 Pine Grove Road, Gardners, Pennsylvania. BEING the same premises which William Z. Stallsmith (correctly known as William Z. Stallsmith) and Barbara A. Stallsmith, by Deed dated May 18, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Vol. 32, Page 81, granted and conveyed unto William Z. Stallsmith and Barbara A. Stallsmith, Grantors herein. PARCEL IDENTIFICATION NO: 08-14-0146-003B CONTROL #: 08001367 Premises: 341 Pine Grove Road, Gardners, PA 17324 Dickinson Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robyn K. Snow, adult woman, by Deed from William Z. Stallsmith and Barbara A. Stallsmith, husband and wife, dated 10/26/2005, recorded 11/10/2005, in Deed Book 271, page 4555. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7179 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff (s) From ROBYN K. SNOW (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 $139,779.77 L. L. $.50 Interest FROM 2/12/07 TO 6/13/07 (PER DIEM - $22.98) - $2,780.58 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $144.32 Other Costs ADD'L COST - $2,139.50 Plaintiff Paid Date: MARCH 13, 2007 Cd tis R. Long,,ProtltonoAttry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006- OPT5 Plaintiff, V. ROBYN K. SNOW : Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?? ` --s'. ,r`sJ _?-.r i - ? ; ?.... t ???- y _ .T. _ ~ .,- ?`t 1 ?.'..?-) fir, ';: ?.q ^- ""?. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CUMBERLAND COUNTY C&RTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES, SERIES 2006-OPT5 CIVIL DIVISION Plaintiff, V. NO. 06-7179- CIVIL TERM ROBYN K. SNOW . Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1341 PINE GROVE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN S. HOWARD 2107 MARYLAND AVENUE, BALTIMORE, MD 21218 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 341 PINE GROVE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 12, 2007 ?J DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). CUMBERLAND COUNTY No. 06-7179- CIVIL TERM February 12, 2007 TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 341 PINE GROVE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,779.77 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled "Subdivision Plan for Mountain Creek Campground, Inc.," dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJECT, to covenants, conditions, reservations, restrictions, easements and rights of way of record. HAVING thereon erected a dwelling house being known and numbered as 341 Pine Grove Road, Gardners, Pennsylvania. BEING the same premises which William Z. Stallsmith (correctly known as William Z. Stallsmith) and Barbara A. Stallsmith, by Deed dated May 18, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Vol. 32, Page 81, granted and conveyed unto William Z. Stallsmith and Barbara A. Stallsmith, Grantors herein. PARCEL IDENTIFICATION NO: 08-14-0146-003B CONTROL #: 08001367 Premises: 341 Pine Grove Road, Gardners, PA 17324 Dickinson Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robyn K. Snow, adult woman, by Deed from William Z. Stallsmith and Barbara A. Stallsmith, husband and wife, dated 10/26/2005, recorded 11/10/2005, in Deed Book 271, page 4555. r"'' i ?_? ? _ ? p_j-? .- ? ? . ? .-- .,..- W ? ?'`?? .r i-t"? i -. - - ?,' '? :??`. ?' PHELAN HALLINAN & SCHMIEG, I_,LP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215)563-7000 _145765 DE1JTSCHi," BANK NATIONAL TRUST COMPANY, AS "TRUSTEE FOR TI-IE CERTIFICATF,HOLDERS OF SOCJNDViBW HOME. LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP:DC-CASli (BY) IRVINE, CA 92618 Plaintiff ROBYN K. SNOW 41 PINE GROVE ROAD GARDNERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for ary 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 LAWYF?R, GO TO OR TELEPHONE THF. OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 1-1IRING A LAWYER. IF YOU CANNOT AFFORD TO I LIRE A LAWYER, THIS OFFICE MAY 131: ABLE: TO PROVIDE YOE! 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, PA 17013 (800)990-9108 Fil- 4i 145765 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, HE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEIST OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO 13E VALID. LIKEWISE,, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE, NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE. LAW DOES NOT REQUIRE US TO WAIT UNTIL THE, END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU 'TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE. ORIGINAL CREDITOR WITHIN THE, THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF TI [IS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE, CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Pile #: 145765 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP:DC-CAST-l (BY) IRVINE., CA 92618 The name(s) and last known address(es) of the Defendant(s) are: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/ 13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUM13ERLAND County, in Book: 1944, Page: 547. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fil,° #' 145765 6. The following amounts are due on the mortgage: Principal Balance $130,288.96 Interest 5,554.08 07/01/2006 through 12/18/2006 (Per Diem $32.48) Attorney's Fees 1,250.00 Cumulative Late Charges 317.85 03/13/2006 to 12/18/2006 Cost of Suit and Title Search 550.00 Subtotal $ 137,960.89 Escrow Credit 0.00 Deficit 0.00 Subtotal -_-0-00 ,TOTAL $ 137,960.89 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum 01' $ 13 7,960.89, together with interest from 12/18/2006 at the rate of $32.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: _ /s/Francis S. Hallman __ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4: 145765 LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled 'Subdivision Plan for Mountain Creek Campground, Inc.,' dated June 24, 1984, by Statler and i :ahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJECT, to covenants, conditions, reservations, restrictions, easements and rights of way of record. HAVING thereon erected a dwelling house being known and numbered as 341 Pine Grove Road, Gardners, Pennsylvania. BEING the same premises which William Z. Stallsmith (correctly known as William Z. Stallsmith) and Barbara A. Stallsmith, by Deed dated May 18, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Vol. 32, Page 81, granted and conveyed unto William Z. Stallsmith and Barbara A. Stallsmith, Grantors herein. PROPERTY BEING: 341 PINE GROVE ROAD File 4. 145705 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 'I/ )a" " FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff '42 DATE: /"g- he ? (J 6Q ? vt ? V -TI - i n b o ?J PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Plaintiff vs. Robyn K. Snow Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 2006-7179-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 19, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on March 13, 2007 in the amount of $139,779.77. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $130,288.96 Interest Through 6/13/07 11,290.50 Per Diem $32.48 Late Charges 572.13 Legal fees 1,675.00 Cost of Suit and Title 1,239.50 Sheriffs Sale Costs 0.00 Property Inspections 28.80 Appraisal/Brokers Price Opinion 85.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 40.00 Suspense/Misc. Credits 0.00 Escrow Deficit 2,456.90 TOTAL $147,676.79 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. S. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". 1(). No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:A ? v By: 411che'le M. B d ford ire Attorney for Plaintiff Phelan Hallinan & ScW' LLP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 vs. Robyn K. Snow Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 2006-7179-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S :MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a. Mortgage on the Property located at 341 Pine Grove Road, Gardners, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgagee Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Cote. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cio ngoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment. reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In. B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VIL CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: -4 ? 11161 it .1 Phelan Hallinan & Schmie& UP tr 6dq By: LheleM.Br dfo ire Attorney for Plaintiff Exhibit "A" PI ILLAN HALLtNAN & SC[IMIF.,G, LLP LAWRENCE T, FHELAN, F-,SQ., Id_ No, 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PrNZA, SUITE 1400 Y1{ILADFLPf 11A, PA. 19103 (215L_563- )Q _145765. DEUTS011-; BANK NATIONAL TKU ST COMPANY, AS TRUSTEE, ]"OR TFIE C17 RTIFICATEf401,0I,RS OF SOCND?,`II?W HOME LOAN TRUSI'2006-01'T5, ASSET- BACKED CERTIFICATES, SERIES 1006-OM-5 MAIL. STOP:DC-CASH (BY) IRVINE, (.'A 92618 Plaintiff ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLLAS CIVIL DIVISION TERM NO, Ot. - 117 (21 T&J-vi C IJMB13RLAND COUNTY CTVf L ACTION LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE: 0 C _= C cr+ Y? Q -s C? t r R 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 of objections to the claims set forth against you. You are warned that if you tail 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 ONC:IL. IF YOU DO NOT HAVE A LAWYER, GO TO OR 14..LF-PHONE fltl: OFFIC E SET FORTH BELOW. THIS OFFICE CAN PROVWF YOU WITH INFORMATION ABOUT t11RING A LAWYER. IF YOU CANNOT AFFOKU TO HIRE A LAWYER, THIS OFFICE MAY 13E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL S RVICES TO ELIGIBLE PERSONS AT A RED[ JCED FILE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 A con-4,- rr 01- OPY PLEAL) It f3Ef?N File # 05765 PHELAN HALLITIAN & SCHMIEG, LLP LAWRENCE. T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No.. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PI{I.1..ADELPHIA, PA 19103 X151563-7()00 __ _145765 DEUTSCHE, BANK NATIONAL TRUST COMPANY, AS "1 RUSTEE 1,OR THE CERTIFICATEHOLDI.RS OF SOUNDVIEW HOME LOAN TRUST 2006-OPTS, ASSET- BACKED CERTIFICATES, SEMES 2006-OPTS MAIL ST01':DC-CASH (13Y) IRVINE, CA 92618 Plaintiff ?2. ROBYN K. SNOW 341 PINE GROVE ROAD GARDNE,RS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 7'0 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 T14AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE2 OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-91.08 evebN true- and b'Whbin to be of tile c®rr `na1 bite 0?,card original File #: X45765 IF TYIIS IS THE FCRST NOTICE TRAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSIJANT 'f O THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DE13T OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL. SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE. LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS ('T'HROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL., WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILET} BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEIST. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 145765 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICAT.EHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-019-5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 M.Al1, STOP:DC-CASH (BY) IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1944, Page: 547. PI.,AfNTIFF is now the .legal owner of the mortgage and is in the process of formalizing an assignment of sarne. 4_ The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fil: #: 145765 6_ The ]allowing amounts are due on the mortgage; Principal Balance $13 0,288.96 Interest 51554.08 07/01 /2006 through 12/18/2006 (Per Diem $32.48) Attorney's Fees 1,250.00 Cumulative Late Charges 317.85 03/13/2006 to 12/18/2006 Cost of Suit and Title Search 550.00 Subtotal $ 137,960.89 Escrow Credit 0.00 Deficit 0,00 Subtotal $ 0.00 TOTAL $ 137,960.89 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior lo the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Horneowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as requirLd by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated. because Defenndant(s) has/have failed to rneet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50„000. WHEREFORE, PLAINTIFF dernands an in rem Judgment against the Defendant(s) in the Sulu of $ 137,960.89, together with interest from 12/18/2006 at the rate of $32.48 per diem to the date of Judgment, and other costs and charges collectible under the.mortgage and for the foreclosure and sale of the mortgaged property. PI-IELAN HAUINAN & SCHMIEG, LLP )WZI- By. /s/Francrs S, Hallinan LAWRENCE T. PHELAN, ESQUIRE- _ I~RANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File #: 145765 LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly boundcd,ind described as follows: BEGINNING at a railroad spike set in the center line of fine Grove Road. (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of'Vountain. Creek Campground, Inc., a distance of'321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds cast along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of I Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BITING all of Lot 3 as shown on a map entitled 'Subdivision Plan for Mountain Creek Campground, Inc.,' dated .Tune 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJECT, to covenants, conditions, reservations, restrictions, easements and rights of way of record. HAVING thereon erected a dwelling house being known and numbered as 341 Pine Grove Road, Gardners, Pennsylvania. BEING the same premises which William Z. Stallsmith (correctly known as William Z. Stallsmith) and Barbara A. Stallsmith, by Deed dated May 18, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvan in Deed Book R, Vol. 32, Page 81, granted and conveyed unto William Z. Stallsmith and Barbara A. Stallsmith, Grantors herein. PROPERTY BEING: 341 PINE (DROVE ROAD file #: 1.45765 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP: DC- CASH (BY) IRVINE, CA 92618 Plaintiff, v. ROBYN K. SNOW w? CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION n NO. 06-7179- CIVIL TEI_ Lf "T7 f; Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBYN K. SNOW Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $137,960.89 Interest from 12/19/06 to 02/12/07 $1,818.88 TOTAL $139,779.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. flM101 V? - i? 00ey &ml t FILE DANIEL G. SCHMIEG, ESQUIRE RETUM 01 =r• Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: . PRO PROTHY 145765 A7 MM-Y FILE 00ef 4 :: ABkg- PAT". Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey Apri117, 2007 Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 RE: Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 vs. Robyn K. Snow Premises Address: 341 Pine Grove Road, Gardners, PA 17324 Cumberland County CCP, No.. 2006-7179-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 4 ch e . ra fo wire q For Phelan Hallinan & Schmieg, LLP Enclosure 1 (z 6,4 Lp?? L 4 ? 6-00% j log sv^o vj e3?+x?d C7 ?Db uodi;,, m d W m 1?1 td W O P4 w O N N N M a i 'gyp U?.i °? O R > PA C V a CL. ??. cUt? d 00 00 °zj p c? n M r U ty T ,7"+ ?n a 1 a d p" - >r G y ev 4 a C o ?d w o.. Id y? T {s. G A oag?? J ?oN H U ? F ?a o 0 0 ? N 0 0 A . d ? N v u? o ..^ p yj N or A J ? > O t ^ x,. ?o ? Id eF°s° a 1. up d O G O 17-1 w a y U d O 'a O ?z o? H o? N J rn ? M ? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true: and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Kall n,,& ?Omieg L y DATE: _ By: Mi hele M' Bradford, s e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Plaintiff vs. Robyn K. Snow Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2006-7179-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 DATE: Robyn K. Snow 18700 Upper Beckleysville Road Hampstead, MD 21074 PhdaVH, i Scxim'gg ' LLP Bf:_ Mile M. Bradford, squire Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 DEFENDANT(S) ROBYN K. SNOW SERVE ROBYN K. SNOW AT 341 PINE GROVE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 06-7179- CIVIL TERM ACCT. #0021058568 Type of Action ? I49?76S - Notice of Sheriffs Sale Sate Date: JUNE 13, 2007 i) SERVED 414-404 Served and made known to RD B Defendant, on the day of . 200 Dpnn n ? ii at 50 o'clock P.m., at ?I Pl he &M IP2 yta flarS , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4! Height 5!1' Weight Iq5 Race_ _Sex ? Other I, 1 D N Ati? I? d u- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. o and subscribed lof e is 12tH 4 % 200 By: A WT SERVICE LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Nc`i P-jt State or New Jer.:Y NOT SERVED PATRICIA E. HAR'i" [1e5gj? iresdlgntrfl6, 4008 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Vacant 2¦d Attempt: / / Tune: 107- C-) r`' ( RZ 6 ; 77 ?. -TJ um rv ? y APR 87 2007p?/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Plaintiff VS. Robyn K. Snow Defendant Court of Common Pleas Civil Division Cumberland County No. 2006-7179-CIVIL TERM RULE AND NOW, this '3 0 day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. I e. c. ?.2 1 cr ff ((,? i S mJ ?Cj Rule Returnable oA4 :-the , Mat r?»**?^^m ^fthP (`nmharland (`p»nty ('nL?Tf]1n114e, ('arlisle Pe ng 1 vania. C?2? U OGr BY THE COURT, S 0/ 145765 aid /f 2x ai o7 4 C : I I WV I - M LOOZ nom? ' . ay-f. RL ?o PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee for Court of Comn the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Civil Division Plaintiff vs. Robyn K. Snow Pleas : Cumberland : No. 2006-717 TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule defendant to show by May 14, 2007 was sent to the following individuals on the below. Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 Robyn K. Snow 18700 Upper Beckleysville Hampstead, MD 21074 ing, the date indicated ad LLP DATE: By: Michele M: Bradford, Esquire Attorney for Plaintiff c? ?; ? ?g ? -r? ?, __. ,-- ,' ."a = ?^ ?, ??` ?` ? . r _ k j-r i ,? CIJ i ? ?o} ? f.F'= CASE NO: 2006-07179 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SNOW ROBYN K JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SNOW ROBYN K the DEFENDANT at 1858:00 HOURS, on the 9th day of January , 2007 at 341 PINE GROVE ROAD GARDNERS, PA 17324 ROBYN K SNOW by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 34.32 Affidavit .00 Surcharge 10.00 .00 62.32- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/10/2007 PHELAN HALLINAN SCHMIEG By: ep ry Sheriff A.D. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 vs. Robyn K. Snow Plaintiff Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7179-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 26, 2007. 3. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 4, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Bradf rd, Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 VS. Robyn K. Snow Plaintiff Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7179-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 4, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14,2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. H MheleM.' ALL]N SCHMIEG, LLP Date Mi Bradford, squire Attorney for the Plaintiff Exhibit "A" APR S 7 2©p y' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee for : Court of Common Pleas the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 : Civil Division Plaintiff : Cumberland County VS. : No. 2006-7179-CIVIL TERM Robyn K. Snow Defendant RULE AND NOW, this 30 day of OnAJ 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. (? ?Q (1 ti'1 /s V/ 0 7 ?? C U[ IQ ??C.. O r 7'0[C f Rule Returnable en the , at tfit'U., BY THE COURT, J. 'RUE COPY FROM 1RIECOFM Tit MYON ' 1 hereurtset nay hm the UM or UM Court a , Pa. 1 y 0-ft lA1e?/'v Exhibit "B" C- 0 C- ?-7 -? utt.' ` M 1- F= M G N =?1 ?7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Izp ?1- Deutsche Bank National Trust Compa?Q?`rs'?`1?tsf6e for the Certificateholders of Soundview F%me"an Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPTS Plaintiff vs. ?j` Robyn K. Snow Defendant Q ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2006-7179-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on the date indicated below. Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 DATE: Robyn K,.,Ww 1879QU p' Beckleysville Road 21074 Mhel llman ch mieg, LLP By: . B rd, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S 5 l?r Date ' of authorities. §4904 relating to the unwaB ichele Muire Attorney f or Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 vs. Robyn K. Snow Plaintiff Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7179-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 DATE: ? 0-?- Robyn K. Snow 18700 Upper Beckleysville Road Hampstead, MD 21074 Phelan Hallinan & Schmieg, By: PPe M. Bradford, squire Attorney for Plaintiff ra ? s?', ?? N/ MAY IS 2007 to i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee for Court of Common Pleas the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Civil Division Plaintiff : Cumberland County VS. Robyn K. Snow : No. 2006-7179-CIVIL TERM Defendant ORDER AND NOW, this Z?j? day of OA ;7 1 , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $130,288.96 Interest Through 6/13/07 11,290.50 Per Diem $32.48 Late Charges 572.13 Legal fees 1,675.00 Cost of Suit and Title 1,239.50 Sheriffs Sale Costs 0.00 Property Inspections 28.80 Appraisal/Brokers Price Opinion 85.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 40.00 r .. ? ? .. ire v?uu Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 6/13/07 through the date of sale at six percent per annum. 0.00 2,456.90 $147,676.79 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE Michele M. Bradford, Esquire iHallinan & Schmieg, LLP 117 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 Robyn K. Snow 18700 Upper Beckleysville Road Hampstead, MD 21074 Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 145765 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Plaintiff vs. Robyn K. Snow Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 2006-7179-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 23, 2007 Order was sent to the following individuals on the date indicated below. Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 DATE: Robyn K. Snow 18700 Upper Beckleysville Road Hampstead, MD 21074 1 as & c g LP By ich le .Bad rd, ire Attorney for Plaintiff - j c- r- tv J m vz K s+ SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE No.: 06-7179- CIVIL TERM CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 VS. ROBYN K. SNOW AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 341 PINE GROVE ROAD, GARDNERS, PA 17324. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 4S61H1MWtG, A IEL ESQ Attorney for Plaintiff Date: June 8, 2007 145765 f .r IN L6 L 31 LO?O±Z 60 099' t 53M09 a a w x o s s; ° U a ? cyd b v? ? U v : o0 0-0 0 ti a0 °a b y i. PC3 zdo a p ?O pp? 'C 300dizWOMa311dw _ 8 LZb000 a w p 6VIN 0 0 10 $ WL ZO N . ? v o ra ? A3Nlid Z _p ? C A? p? ? a '??"Dd S3y E 9 y.9? v ? u H h W '? O U N u p u H N u`a ? :?o ? e En O c -- a?? Q a °O z N N o °c v°i g w °w» $ ° co ?a a x. ¢ N u?wEfn z 0 W a o sHHa M z ? x o 9 A ° w Q a u U v] a u a°w O a° w ° M z P. N W H a ? ¢ ' nC M a V1 W J U U O o r4 ° u 8 o u 3 C) CA w z A ° U z H °4 a w U) .? m z _m _V u Q ? a u z -' M 'IT tri %.o r- 00 (71 ? U a a H i II Dy ?; ? ?, , ? t 4 ????? ? ?? ?? ?? r y -T1 ? ?? ( ?CFt ` :: ? _-? "."rT-{ Deutsche Bank National Trust Company as In the Court of Common Pleas of Trustee for the Certificate Holders of Soundview Cumberland County, Pennsylvania Home Loan Trust 2006-OPT5, Asset-Backed Writ No. 2006-7179 Civil Term Certificates, Series 2006-OPT5 VS Robyn K. Snow Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2007 at 1945 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Robyn K. Snow, by making known unto Robyn K. Snow, personally, at 341 Pine Grove Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1421 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robyn K. Snow, located at 341 Pine Grove Road, Gardners, Cumberland County, 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 defendant, to wit: Robyn K. Snow, by regular mail to her last known address of 341 Pine Grove Road, Gardners, PA 17324. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 25.70 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.20 Levy 15.00 Surcharge 20.00 Law Journal 605.00 Patriot News 508.04 Postpone Sale 40.00 Share of Bills 16.17 $1,310.61 R. Thomas Kline, Sheriff Byj?2dl Real Estate rgeant ? /o/gyp/" G2 G ? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTMCATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-0175, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff in the above action, by its attorney, DANIEL G. SCBN 41EG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,341 PINE GROVE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None w DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 06-7179- CIVIL TERM February 12, 2007 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 341 PINE GROVE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,779.77 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. W 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7179 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff (s) From ROBYN K. SNOW (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 $139,779.77 L.L. $.50 Interest FROM 2/12/07 TO 6/13/07 (PER DIEM - $22.98) - $2,780.58 AND COSTS Atty's Comm % Atty Paid $144.32 Plaintiff Paid Date: MARCH 13, 2007 (Seal) Due Prothy $1.00 Other Costs ADD'L COST - $2,139.50 az. Curti R. Long, P nota By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 83 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property-situated in Dickinson Township, Cumberland County, PA Known and numbered as 341 Pine Grove Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. . C Date: Mar&;fl ?, : 007 y: Real Estate Sergeant L ! :E d 11 1 ijktl LG01 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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. PUBLICATION COPY SALE#83 Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public Of Harrisburg, Dauphin County ` / Commi Expires June 6,2010 p` mhp o^ -; ^^ ^r ?n nr Notaries NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 '11141Mi11111? ? lk, 1/$ l11lgF. Pali owmftg GESCRWTION AU that cemin lot of gtotmd located in I kbWOR Tom, Coi * alaod County paosyI-ow, MM p 6oupdett ami dererihed as follows: BEGIIVIV %at a railroad cp&e net in the center line of Pine Grove Read ([egidativc Raate 21M5), at alga leads nor br famarly of 111,ouatain Cruet Coaro nd, Inc.; thence North 00 dagreas 26 m*ks.39 seconds East gong aha lauds sow or fob of Creek Cam, be,, a diwow 0021.03 feet ro an iron pitta thence Saah 89 degrees 33 minutes 21 M o taut aloes. afher laeda am or fonrtedy of *** Crud C.? be., a dionce ofr27,Q0 feat to as iron pin; *MM south 00 d*?rs 27 =wle, 52 s,,& 4*9 alaag other dMWs aow or f„=y of taro Owk Cates, lac., a distance *21.44 feet to a Whw vow, in the center AN- of pine Grove 6m w %d 0 *oft 28 wo. 04 X WO *4 09 OMW tine of Pine crow' )into ZI00.Sj a dtataacx of to, tnifioad to the POW bw e sow 42 Of ;'? ,lam tltli t"' of a9 of Lot 3 as ahown on a map ent4w PhD for Mormtain CO* Iac.,i dt& June 2A, 191,- by and iahy 32-44 SwA Bedford Stm% ?f glnaia,. map is r yd in Re1Sow of D" in and fa County, ?11?, M Ptah 00* 47, Pgp UMM AND SUBJECT, to eoveit ,o M"Ab rte' b*M &-on 'a'cted a dwelling house as 341 F"me Grove the Urne pwises which wam Z. (croaerBy known As WANta Z. t3a A , by Deed 4W May 18, 1997 and mc=W in the Office o'?*f a 4tWtR 401. 32, , NU •08-144146. 341 fte s, PA --hip,"Cutnberiand Cmly TO SAM Pi IS VE9CCEff IN Rdhyll K Soave; adat WOMM Deed ft, Z SWb d ra.A. S dt, hM*W and wife, doled I02bd2005, recorded I1/*NW, in'Dtiaid 8oedtV1, t?ate+1S 5 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 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. f i ?-- arie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 83 Writ No. 2006-7179 Civil Deutsche Bank National Trust Company as Trustee for the Certificate Holders of Soundview Home Loan Trust 2006-OPT5, Asset Backed Certificates, Series 2006-OPT5 VS. Robyn K. Snow Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsyhmnia, mote parUcularly bounded and de- scribed as follows: BEGINNING at a railroad spine set in the center line of Phn Gvew Road t>gtalative Route 21003), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 min- utes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled "Subdivision Plan for Mountain Creek Campground, Inc.," dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Re- corder of Deeds in and for Cumber- land County, Pennsylvania, in Plan Book 47, Page 87. enant??n S?, to co'- restrictions easernenis an?ationsI Of , way of record rights HAVING the , reon erected a well Ing house being bered as 3 mown and num_ Gardners, Perin 1 Pine Grove road sylvania. William z 'Stsame premises which l own as W?am1Z Stn correctly Barbara A. Stall smith, with) and dated may 18 1 g87 by Deed in the Office of the and corded Deeds in and for er of County, penny lv Cumberland R, Vol. 32, p y ama. in Deed Book 81, granted and conveyed unt age William Z. Stall Smith sdherein. StallsmithG rant- PARCEL IDENTIFICATION NO: 08-14-0146-003B. 08001367. CONTROL #: Premises. 341 pine Grove Road, Gardners, PA 17324 Dickinson Township Cumberla County, Pennsylvania, nd TITLERE00RD OWNER VESTED IN Rob D PREMISES IS woman, b Ii• Snow, adult Stalls by Deed from William Z. with and Barbara A 10/26/2005 ?s th, husband and wife dated 2005, recorded ll/10/ , in Deed Book 271, page 4555. 4V PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECL? P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- No. 06-7179 CIVIL TER1 BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/14/2007 - 12/10/2008 (per diem -$24.28) Add'1 Costs TOTAL $147,676.79 $13,256.88 and Costs $4,303.50 $165,237.17 DANIEL G. SCHMIEG, ESQUIRFV One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 100 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of he plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be pos po ed or stayed in the event that a representative of the plaintiff?is not present at the sale. 145765 Q Oz W? az UZ 00 a? W? H? F W F o Q N aF ? vv?? H ZaWFUpF., Z?nOaFO ?'?HZw U UAWW ? ? w V wva?p? A wx?a a w a O O 0 VW ? ?C i• W w ,g O; o W 0 0 a W a -6 w L ?W 6 A Op ? (?tO 9u 0 JOA- 0 o c -- -at?v qIT N M r f? W Z W A I O pG O G?7 a M vi a? sa. Case 1:07-bk-01779-MDF Doc 49 Filed 07/07/08 Entered 07/07/08 16:00:410 Desc Main Document Page 1 of 1 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Robyn K. Snow Chapter 13 Debtor Bankruptcy No. 07-bk-01779 ORDER In accordance with the Settlement Stipulation, after Notice of Default and upon the fil?ng of Certification of Default, it is hereby ORDERED that the automatic stay of Bankruptcy) Code §362(a) be, and the same hereby is, MODIFIED to permit Deutsche Bank National TrustlBank' as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPTS, Asset-(Backed Certificates, Series 2006-OPTS, or its Successor or Assignee to foreclose its mortgage, and, without limitation, to exercise any other rights it has under the mortgage or with respect to the property located at: 341 Pine Grove Road, Gardners, Pennsylvania 17324. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this order granting relief from the automatic stay. By the Cvwl? p apt!$? (JDK) Y*u document is alaeftntcally signed and flkd on Om same data. Dated: July 7, 2008 MAY X82 ODl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, As Trustee for Court of Common Pleas, the Certificateholders of Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 Civil Division Plaintiff vs. : Cumberland County No. 2006-7179-CIVIL Robyn K. Snow Defendant ` ORDER AND NOW, this )_3 day of-P I , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby O ERED and DECREED, that the Rule enter upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $130,288.96 Interest Through 6/13/07 11,290.50 Per Diem $32.48 Late Charges 572.13 Legal fees 1,675.00 Cost of Suit and Title 1,239.50 Sheriffs Sale Costs 0.00 Property Inspections 28.80 Appraisal/Brokers Price Opinion 85.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 40.00 Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 2,456.90 $147,676.79 Plus interest from 6/13/07 through the date of sale at six percent per annum Note: The above figure is not a payoff quote. Sheriffs commission is not included in the figure. By T I COURT: p W. 79 n ;91.11 Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordOa f`edphe.com Robyn K. Snow 18700 Upper Beckleysville Road Hampstead, MD 21074 Robyn K. Snow 341 Pine Grove Road Gardners, PA 17324 I J. 145765 t ,DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, v. ROBYN K. SNOW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PL CIVIL DIVISION NO. 06-7179 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BACKED CERTIFICATES. SERIES 2006-OPT5, Plaintiff in the above action, by its ai DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of E: filed the following information concerning the real property located at ,341 PINE GRPVI GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record property to be sold: Name None Last Known Address (if address cannot reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Stephen S. Howard Last Known Address (if address ca rot reasonably ascertained, please indic e) 2107 Maryland Avenue Baltimore, MD 21218 was on the real 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name None Last Known Address (if address cannot reasonably ascertained, please indicate) 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: i Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot reasonably ascertained, please indicate) 341 PINE GROVE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made su ject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 28, 2008 a'j , S DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff r n c ° c? - rtl r rv . -;, cr a r` -r - XHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006- OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUN COURT OF COMMON CIVIL DIVISION NO. 06-7179 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney fort the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating unsworn falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff C__ c 7 1 F`s7 t- r .5'.7 v DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 06-7179 CIVIL TERM July 28, 2008 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHA WE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY" Your house (real estate) at 341 PINE GROVE ROAD GARDNERS PA 17324, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland ounty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $147,676.79 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE F R THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OP A SET- BACKED CERTIFICATES, SERIES 2006-OPT5 (the mortgagee) against you. In the a tent the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rul 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, l e charges, costs and reasonable attorney's fees due. To find out how much you must p y, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the C urt to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidd r. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was 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 i the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi you. 6. You may be entitled to a share of the money which was paid for your house. A distribution of the money bid for your house will be filed by the Sheriff within 30 days of schedule will state who will be receiving that money. The money will be paid out in acco. this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It n in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale postponed or stayed in the event that a representative of the plaintiff is not prey CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 of the Sheriff to evict iedule of sale. This ice with h the if you act NOT HAVE E LISTED not be sold st be at the sale. LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County` Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along othe lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West alone other lands now or formerly of Mountain Creek Campground, Inc., a distanc of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of the said Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005) being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled 'Subdivision Plan for Mountain Creek Campground, Inc.,' dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. (???)FOR INFORMATIONAL PURPOSES ONLY(???) The property address being known as No. 341 Pine Grove Road, Garnders, Pennsylvania 17324. TAX ID# 08-14-0146-003B BEING the same property which, by Deed dated October 26, 2005, and recorded November 10, 2005 among the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Book 271, Page 4555, was granted and conveyed by William Z. Stallsmith and Barbara A. Stallsmith, husband and wife unto Robyn K. Snow, adult woman. BEING THE SAME PREMISES VESTED IN Robyn K. Snow, adult woman, by Deed from William Z. Stallsmith and Barbara A. Stallsmith, husband and wife, dated 10/26/2005, recorded 11/10/2005, in Deed Book 271, page 4555. PREMISES BEING: 341 PINE GROVE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-14-0146-003B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7179 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW: TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANS as Trustee for THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff (s) From ROBYN K. SNOW (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 defen ar. (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 a a garnishee and is enjoined as above stated. Amount Due $147,676.79 L.L. Interest from 6/14/07 -12/10/08 (per diem - $24.28) - $13,256.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,476.43 Other Costs $4,303.50 Plaintiff Paid Date: 7/29/08 rothonota (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 DEFENDANT(S) ROBYN K. SNOW SERVE ROBYN K. SNOW AT: 341 PINE GROVE ROAD GARDNERS, PA 17324 SERVED CUMBERLAND COUNTY No. 06-7179 CIVIL TERM ACCT. #145765 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to 2D ?/IV ?{ • SNb#V , Defendant, on the.., day of , 20(% at e, o'clock r.m., at 34 I7//Uf 6A4,,E 20II-D Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I' L-Adult family member with whom Defendant(s) reside(s). Name and Relationship is ?/?IG a ttNS?RN A Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: c Description: Age 5 d Height (o;? Weight;00 Race W Sex A Other I, (<DA*b &L-L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of '7 00 `?' P&A"Xk4 No By: PLEASE LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On the COMA W EXPIRES 101Z6120I900_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2nd Attempt: / / Time: _Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 a9 /39 ..? ?_. ?? .+" ? _ ? ?'t' ? ?y . ? ?? - ?? ? ?A?.?.?,f ? - -Yk ':• ' e y ry tV `??? ;?? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- : BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff : VS. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 19, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on March 13, 2007 in the amount of $139,779.77. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 341 PINE GROVE ROAD, GARDNERS, PA 17324 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:07-01779 on June 12, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated July 7, 2008. A true and correct copy of the Relief Court Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on December 10, 2008. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $33.02 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $130,288.96 $29,104.84 $828.05 $2,650.00 $1,961.00 $1,272.93 $105.60 $0.00 $0.00 $40.00 ($0.00) $8,301.50 TOTAL $174,552.88 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Oler entered an order to amend the judgment dated May 23, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. helan a inn ieg, LLP DATE: By: ich le. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff VS. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ROBYN K. SNOW executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 341 PINE GROVE ROAD, GARDNERS, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ? P 1 OHIi hmieg, LLP By: i ele M. Bradford, squire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 P141LADELPHIA, PA 19103 (215) 563.70:00 ._145765 DEUTSCHE. BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CI;RTIFICATEHOLDERS OF SOUNDVlFW HOME; LOAN TRUST 2006-OPT5, ASSET- 13ACKED CERTIFICATES, SERIES 2006-0PT5 MAIL STOP:DC-CASH (BY) IRVINE, CA 92618 Plaintiff V. ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLC-AS CIVIL DIVISION TERM NO. OL CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FO FCLOSURE NOTICE. 0 C-7. . z) c:. 74 r._ a o+ AD 0 0 -n :52 -n :B?i 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 properly 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 PROVIDP 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 AGENCIPS 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, PA 17013 (800)990-9108 co QV ',-Id PEAS Fkrc pi' Originat ti' .:?t rec REj(/R 01*d N File k 145765 IF THIS IS THE, FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 145765 I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 MAIL STOP: DC-CASH (BY) IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1944, Page: 547. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and. interest upon said mortgage due 08/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 145765 6. The following amounts are due on the mortgage: Principal Balance $130,288.96 Interest 5,554.08 07/01/2006 through 12/18/2006 (Per Diem $32.48) Attorney's Fees 1,250.00 Cumulative Late Charges 317.85 03/13/2006 to 12/18/2006 Cost of Suit and l'itle Search 550.00 Subtotal $ 137,960.89 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 137,960.89 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated. because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 137,960.89, together with interest from 12/18/2006 at the rate of $32.48 per diem to the date of Judgment, and other costs and charges collectible under the.mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN &/SC/H.MIEG, LLP : /s/Fr?nc s S Haliin n? 13y a LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. I-IALLINAN, ESQUIRE Attorneys for Plaintiff File N: 145765 LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route-2 1005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled 'Subdivision Plan for Mountain Creek Campground, Inc.,' dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJ.I.'sCJ', to covenants, conditions, reservations, restrictions, easements and rights of way of record. HAVING thereon erected a dwelling house being known and numbered as 341 Pine Grove Road, Gardners, Pennsylvania. BEING the same premises which William Z. Stallsmith (correctly known as William Z. Stallsmith) and Barbara A. Stallsmith, by Deed dated May 18, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Vol. 32, Page 81, granted and conveyed unto William Z. Stallsmith and Barbara A. Stallsmith, Grantors herein. PROPERTY BEING: 341 PINE GROVE ROAD File #: 145765 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: gklk- Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPTS MAIL STOP: DC- CASH (BY) IRVINE, CA 92618 Plaintiff, V. ROBYN K. SNOW CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION C) NO. 06-7179- CIVIL TEL ?. mac, ATTiloft EY 1--1'x: . V ;. n --c Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBYN K. SNOW Defendant(s) for failure to file an Answer to Plaintiffs. Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $137,960.89 Interest from 12/19/06 to 02/12/07 $1,818.88 TOTAL $139,779.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s). are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Opel -? -? DANIEL G. SCH-.-- ,ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 145765 TRWY FILE €QFY- =='?-w Exhibit "C" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Robyn K. Snow Chapter 13 Debtor Bankruptcy No. 07-bk-01779 ORDER In accordance with the Settlement Stipulation, after Notice of Default and upon the filing of Certification of Default, it is hereby ORDERED that the automatic stay of Bankruptcy Code §362(a) be, and the same hereby is, MODIFIED to permit Deutsche Bank National Trust Bank, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPTS, Asset-Backed Certificates, Series 2006-OPTS, or its Successor or Assignee to foreclose its mortgage, and, without limitation, to exercise any other rights it has under the mortgage or with respect to the property located at: 341 Pine Grove Road, Gardners, Pennsylvania 17324. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this order granting relief from the automatic stay. By the Court, 71 14 ?_'L dulfe (7DK) This document is electronically signed and filed on the same date. Dated: July 7, 2008 Case 1:07-bk-01779-MDF Doc 49 Filed 07/07/08 Entered 07/07/08 16:00:40 Desc Main Document Page 1 of 1 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2008 ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 vs. ROBYN K. SNOW Premises Address: 341 PINE GROVE ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 06-7179- CIVIL TERM Dear Defendant, Enclosed please fmd a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount ,of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery yo Michele . radfor Esquire For Phelan Hallinan & Schmieg, LLP Enclosure °o v a? W ,o x? U C/1 yFQ C/) a U as a0? V zeo a O ' y sseN ? 9 u ?Tk £0 L6 L MOOdIZ WOad 0911VW A •. 8002 ? Z d3S 01 S M1000 ? . 0 OQZs 4ro t- m ??aa pgpq0 yyCC11 "? o ,, ^ U o N a ?? ?? o O p o a .? N o..9 z ? Cc o 0 o u ? i? ? a goo F°a?wa r f r V E ? aW x S a 0 W o > a ? x 'p U? ?W a a °o aW ?r oo ^ y q O O r ^^ V1 r ^^ V1 V ??+ ?,' W o 0 0 g N z > cs z O x C) x ? o k r) U " 'q rl y LOD MM h a a o ?; xs za U a ? N M v t n ? p r - 0 0 •t n ? H i? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 12A n allin n S ieg, LLP By Michele radford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff VS. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 DATE: ROBYN K. SNOW 18700 UPPER BECKLEYSVILLE ROAD HAMPSTEAD, MD 21074 P e in ieg, LLP B Michele M. Bradford, E uire Attorney for Plaintiff ^? ?.:? c?,? "-`? u?; r'; c? ??- ?? ? - 4x ? - :- r; +: ' ?? __? L?L ?- ? t ? ? ? .. T- ?' ?") i.J %? ?... ?2`. U [? "y c ; CJ OCT 0 3 2008 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM vs. ROBYN K. SNOW Defendant RULE AND NOW, this r - day of Oth 4.&- 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Zo &.1r a{t-, j"? Rule Returnable ia. BY THE COURT 4'A /-I/ J. LS.Oi Wb 9-100 0002 ? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(2fedphe.com / j ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 -- 1 ?OBYN K. SNOW 18700 UPPER BECKLEYSVILLE ROAD HAMPSTEAD, MD 21074 145765 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff VS. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Returndate of i e) 0 was sent to the following individual on the date indicated below.. ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 DATE: ROBYN K. SNOW 18700 UPPER BECKLEYSVILLE ROAD HAMPSTEAD, MD 21074 h an Hallinan hmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff o t r C= CD -a 33 r ?ir °r: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff VS. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 1, 2008. 3. A Rule was entered by the Court on or about October 6, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 14, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. n hmieg, LLP DATE: By: Michele M. Brad ord, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff VS. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 1, 2008. A Rule was entered by the Court on or about October 6, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 14, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ` By: rT a chmieg, LLP Michelle M. Bradford, quire Attorney for Plaintiff Exhibit "A" 4 OCT 0 3 Z008 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff vs. ROBYN K. SNOW Defendant No. 06-7179- CIVIL TERM RULE AND NOW, this ?o r day of Oth 4-... 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Z c der c{G d Rule Returnable 2-008, L , ?af a. Court of Common Pleas Civil Division CUMBERLAND County BY THE COURT J. r_ro s TRUE '" 79-A of W t er' , I two unt^ N%,l my It k Cowt'<' Pa. full Exhibit "B" U 4 ---t r.: cn rv -a PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 14 One Penn Center, Suite 1400 cis) 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 DEUTSCHE BANK NATIONAL TRU, COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Court of Common Pleas Civil Division Plaintiff vs. ROBYN K. SNOW a .; Defendant mod' CUMBERLAND County No. 06-7179- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of L b? was sent to the following individual on the date indicated below.. ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 DATE: 1011q/66 ROK. SNOW PPER BECKLEYSVILLE ROAD STEAD, MD 21074 h Hallinan hmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Yel inanchmieg, LLP DATE: By: Mle M. r dfor squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff vs. ROBYN K. SNOW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 DATE: ROBYN K. SNOW 18700 UPPER BECKLEYSVILLE ROAD HAMPSTEAD, MD 21074 r?h?ele ieg, LLP By: Bra ford, squire Attorney for Plaintiff ,°.... ,} --? ' `_? _? i .,.,I °r, P ,, .. ti... ..,C.f NOV, 0 7 2008 6) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff VS. ROBYN K. SNOW Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM Defendant ORDER AND NOW, this ?L day of hlnw , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $130,288.96 Interest Through December 10, 2008 $29,104.84 Per Diem $33.02 Late Charges $828.05 Legal fees $2,650.00 Cost of Suit and Title $1,961.00 Sheriffs Sale Costs $1,272.93 Property Inspections/ Property Preservation $105.60 LA f"003 . -d' ??? ') Ltm "14,00 '00111111 3JAI ow 1 AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $40.00 ($0.00) $8,301.50 $174,552.88 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUR J. 145765 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE FOR THE CERTIFICATEHOLDERS OF COURT OF COMMON PLEAS SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 CIVIL DIVISION Plaintiff V. NO. 06-7179 CIVIL TERM ROBYN K. SNOW Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 341 PINE GROVE ROAD, GARDNERS, PA 17324. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. _ _ V J 5?= DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsence of a representative of the plaintiff at the Sheriffs Sale The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 145765 ?. s 'a a w o x a o °O a ??a a ? 'sy a z.<o Yr i91? c u ? w ? .. LL NQ?!? 4 T V u .-- a $ ? 40`J diZ 1 ?z 3 ? otios sotis? ? W 2t 002 t ?o F.? ? ° o N ` 9 oo ??eeQQ „ V O p _ ?N? ? j ? a,{ ? J U N p u . C U .? C 72 u o 0 " E a c 3 a? d v? 4a u C c '? d. ?88H6 (? M ? Fa bQ ° enQ 9 u (gip I y v ?• W H ° g0 (71 c ? • Q O U o q o u? V 8 ?d b a ? ?' Wd a 00 a ?. A Irl _ 4r .N O ?''^ N 0000 'd ?a W 8 + a Z U N O N -? O ]Ca ? r- U0 > a ° v x Z ? U r 00 ? 0 8 e z" A z U?U uA° Mt7 w -31,0 :? ? V-) N 04 ? z oa = z ?4 a a? z ? ^-' N M V1 \O t- 00 O? N m t ? F !r. ?:..??. ^ Y wtii ''?-.::! .? r ' ?5 ^R -? ? ;$. ...:.. .y h'y,. r ?..? ` , ,,,K.. Deutsche Bank National Trust Company, as In the Court of Common Pleas of Tpistee for the Certificateholders of Soundview Cumberland County, Pennsylvania Home Loan trust 2006-OPTS, Asset-Backed Writ No. 2006-7179 Civil Term Certificates, Series 2006-OPT5 VS Robyn K. Snow Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on August 23, 2008 at 1251 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robyn K. Snow by making known unto James Snow, adult in charge, at 341 Pine Grove Rd., Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2008 at 1719 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robyn K. Snow, located at 341 Pine Grove Road, Gardners, Cumberland County, 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 defendant, to wit: Robyn K. Snow, by regular mail to her last known address of 341 Pine Grove Road, Gardners, PA 17324. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 24.57 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 20.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal Patriot News Share of bills So Answers: ?;? y 00. R. Thomas Kline, Sheriff BYTJ 'J"- ?J?' '- Real Estate Coordinator 557.00 499.37 14.92 n a X-Ij vz, (' g ? 31 ,?.?3VI 4?° ngr?r-c: r? crv It%j Oil DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICAT ,EHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5._ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,341 PINE GROVE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Stephen S. Howard 2107 Maryland Avenue Baltimore, MD 21218 5. Name and address of every other person who has any record lien on the property: Name None . 01 Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 341 PINE GROVE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 28, 2008 f?/ 5 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff e DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff, V. ROBYN K. SNOW Defendant(s). CUMBERLAND COUNTY No. 06-7179 CIVIL TERM July 28, 2008 TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 341 PINE GROVE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $147,676.79 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HO LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek. Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along- other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of the said Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005) being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled 'Subdivision Plan for Mountain Creek Campground, Inc.,' dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. (???)FOR INFORMATIONAL PURPOSES ONLY(???) The property address being known as No. 341 Pine Grove Road, Garnders, Pennsylvania 17324. TAX ID# 08-14-0146-003B BEING the same property which, by Deed dated October 26, 2005, and recorded November 10, 2005 among the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Book 271, Page 4555, was granted and conveyed by William Z. Stallsmith and Barbara A. Stallsmith, husband and wife unto Robyn K. Snow, adult woman. BEING THE SAME PREMISES VESTED IN Robyn K. Snow, adult woman, by Deed from William Z. Stallsmith and Barbara A. Stallsmith, husband and wife, dated 10/26/2005, recorded 11/10/2005, in Deed Book 271, page 4555. PREMISES BEING: 341 PINE GROVE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-14-0146-003B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY 6F CUMBERLAND) NO 06-7179 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff (s) From ROBYN K. SNOW (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 $147,676.79 L.L. Interest from 6/14/07 - 12/10/08 (per diem - $24.28) - $13,256.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,476.43 Other Costs $4,303.50 Plaintiff Paid Date: 7/29/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 N Real Estate Sale #10 On August 15, 2008 the Sheriff levied upon the defendant's interest in the-real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 341 Pine Grove Road, Gardners CVQ more fully described on Exhibit "A" filed with this writ and by this reference GW) incorporated herein. Date: August 15, 2008, By: \j Real Est a Sergeant PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 ` DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR COURT OF COMMON PLEAS THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 CIVIL DIVISION Plaintiff NO. 06-7179- CIVIL TERM v ROBYN K. SNOW Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/11/2008 ($28.69 per diem) CUMBERLAND COUNTY $174,552.88 $15,463.91 TOTAL $190,016.79 a Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? L ence T. Phelan, Esq., Id. No. 32227 X ncis S. Hallinan, Esq., Id. No. 62695 a Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 145765 Oa a O O O O 0.0 W ? 0 AN O v? W? U? 0* rA r.r W F ? a U xF FW Oq wW Hxu ?y F F W F O Oo N U F F'' z F E'' W ?O oa E?+ F o zx w? U? W E.yQ? Lw: W tfrt? C Q ? a `.t o? FFF++°a???lll O H U w ? O o F w O? ?elt- a iLL t1.. b N CIS s? 3 CA .b w U a. r 1300 00 8 9 cD too 0 0 -y-nS Q RSO' (n,c6 06 Q N Zpa a n4MC7 0 N 000 N c, "0 p?- r-pMN °`00OzNN O p.Z o oz oZo?o?N,- - o c? ozz ZZ6 - d c °s dz'? a•z b ???. ob aty zzz00 ZbbWbb a~ 6 ,o ?r,W wwbW.64 ?ww wW 4??, ;;w owww °w yw cri con 00 o??t{ ?C7 e; E: 0.' rn•? 3 >?' q 3 ? W ? • V ? .Li ? ? ? ? N ?Q i-. ? ? y ¢ a OC1fl??OC??(??O??C7O?? 8 pp0o ?l .'? C8 `t9 4T S, Q 4 a DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDYIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff V. ROBYN K. SNOW Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 341 PINE GROVE ROAD, GARDNERS, PA 17324. Name and address of Owner(s) or reputed Owner(s): Name ROBYN K. SNOW Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 341 PINE GROVE ROAD GARDNERS, PA 17324 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) STEPHEN S. HOWARD 2107 MARYLAND AVENUE BALTIMORE, MD 21218 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 4 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANTIOCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 341 PINE GROVE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 2, 2009 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 [Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 i ?_ C ?^?, . ^ x r.; ?. ... ;?:y ?.5y. ... Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPTS, ASSET-BACKED CERTIFICATES, SERIES 2006-OPTS Plaintiff V. ROBYN K. SNOW Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-7179- CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? L rence T. Phelan, Esq., Id. No. 32227 ran cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Case 1:07-bk-01779-MDF Doc 49 Filed 07/07/08 Entered 07/07/08 16:00:40 Desc Main Document Page 1 of 1 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Robyn K. Snow I Chapter 13 Debtor Bankruptcy No. 07-bk-01779 ORDER In accordance with the Settlement Stipulation, after Notice of Default and upon the filing of Certification of Default, it is hereby ORDERED that the automatic stay of Bankruptcy Code §362(a) be, and the same hereby is, MODIFIED to permit Deutsche Bank National Trust Bank, as Trustee for the Certificateholders of Soundview Home Loan Trust 2006-OPTS, Asset-Backed Certificates, Series 2006-OPTS, or its Successor or Assignee to foreclose its mortgage, and, without limitation, to exercise any other rights it has under the mortgage or with respect to the property located at: 341 Pine Grove Road, Gardners, Pennsylvania 17324. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this order granting relief from the automatic stay. By the Cvomi, 8_ p t Judie (JDK) This document is electronically signed and filed on the same date. Dated: July 7, 2008 NOV 0 7 20086 w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff ROBYN K. SNOW Court of Common Pleas Civil Division CUMBERLAND County No. 06-7179- CIVIL TERM Defendant ORDER AND NOW, this /.?4k day of Q4Vj 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $130,288.96 Interest Through December 10, 2008 $29,104.84 Per Diem $33.02 Late Charges $828.05 Legal fees $2,650.00 Cost of Suit and Title $1,961.00 Sheriffs Sale Costs $1,272.93 Property Inspections/ Property Preservation $105.60 Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $40.00 ($0.00) $8,301.50 $174,552.88 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 4 4A". -,,? a, 6,?d-) J. 145765 }+p~yr...: rp„ 'l..ip C?d`$Vw?d'a'?9 ?''S•s,?.?J'+w ?"." i :te' S „. `•.< .ra r e MM ur,;3 g t m v mix Pa. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff ROBYN K. SNOW VS. Defendant(s) : COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 341 PINE GROVE ROAD, GARDNERS, PA 17324 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $174,552.88 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. r 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-7179- CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 VS. ROBYN K. SNOW owner(s) of property situate in the Cumberland County, Pennsylvania, being (Municipality) 341 PINE GROVE ROAD GARDNERS PA 17324 Parcel No. 08-14-0146-003B (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $174,552.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled'Subdivision Plan for Mountain Creek Campground, Inc.,' dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJECT, to covenants, conditions, reservations, restrictions, easements and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Robyn K. Snow, adult woman, by Deed from William Z. Stallsmith and Barbara A. Stallsmith, husband and wife, dated 10/26/2005, recorded 11/10/2005, in Deed Book 271, page 4555. PREMISES BEING: 341 PINE GROVE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-14-0146-003B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7179 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee for THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff (s) From ROBYN K. SNOW (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 $174,552.88 L.L. Interest from 12/11/08 ($28.69 per diem) -- $15,463.91 Atty's Comm % Due Prothy $2.00 Atty Paid $2, 753.29 Plaintiff Paid Date: 12/4/09 Other Costs (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2000-OPT5 DEFENDANT ROBYN K. SNOW SERVE ROBYN K. SNOW AT: 341 PINE GROVE ROAD GARDNERS, PA 17324 SERVED ? -'rt mfr; PHS # 145765 z .; M co F' v> - I cn SERVICE TEAMI iin 2 "a COURT NO.: 06-7179- CIVI a-rEM TYPE OF ACTION - ? XX Notice of Sheriff's Sale SALE DATE: 06/02/2010 Served and made known to 80001 14. SNOW Defendant on theU? day of dA(t , 204Q_, at UE 1ZDA9DNW1 PA , in the manner described below: 12-S o'clock P.M., ate PINE (s? _ Defendant personally served. J Adult family member with whom Defendant(s) reside(s). Relationship is S6 l? _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. i Y? j-- --ri M M _ Other: Description: Age ads Height 11 Weight 2tO Race W Sex IA Other I, Pg2A4+ro M6 LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov KIMBERLY CURTY Sworn to and subscribed NOTARY PUBLIC before me this 264 day STATE OF NEW }EMEY of 200f2. MY COMMISSION EXPIRES MARCH 7, 2013 Notary: y: NOT SERVED On the , day of , 200_, at = clock M., Defendant NOT FOUND because: _ Vacant _ Bad Address No Answer Service Refused sther: sworn to i ulu subscribed before me this day of By: Notary: AFFIDAVIT OF SERVICE 0 0 CUMBERLAND COUNTY C a . -.Roved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phalan, Etti, hL No. 32227 Francis S. HaBNrm6 Esp., Id. No. 62695 Daaid G. Sch n e& Fsq, Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69W Judith T. Romano, Esq., Id. No. 56745 SheMUI It Shah-JanL Esq.. Id. No. 81760 Jenhw R. Dewy, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Sdimu va, Esq- Id. No. 202331 Jay B. Joaes, Esq., Id. Na. 8607 Peter J. Mokahy, Esq., Id. No. 61791 Andrew L. Sack, Esq., hl. No. 84139 Jahne McGuhmes% Esq., Id. No. 90134 Chritovabaae P. FUW4 Esq., Id. No. 94620 Joshou L Goldman, Fmi, Id. No. 206047 Courtenny R Dann, Faq., hL No. 206779 Andrew C. Brambktl, Esq, id. No. 208375 One Penn Censer at S.M. Statlan 1617 John F. Kennedy Blvd, Suite 1400 Phlindelphta, PA 19103-1814 (215)563.7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW COURT OF COMMON PLEAS HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 CIVIL DIVISION Plaintiff, No. 06-7179- CIVIL TERM7) o V. p t1 ROBYN K. SNOW Defendant(s) < T_ rn M AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Zs ? tp f,? C1"T COMMONWEALTH OF PENNSYLVANIA ) ? CUMBERLAND COUNTY ) SS: W As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". -?? awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Date: ?g 1l 7i to Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 145765 11 a u c c El n C cl c LL a F C J O N L ? N C U ? ?n.Q N j C 0. O N U,?C ca SYcc L.L ate air ?, m a?00. t N N Z7 E N Z co d 0 00 (D m a ? ac E EcOEai " jdt2W02ia d314tlW V1 ? L a'D N 0 n- £0or gSZLLZt'00() 00030 Wl z0 6002 ' Fob a 'COME o89 >. N ri a - - `°gt°°n v°?EEao a-0'c c°gEg ro o O yNN `o$m 1? o m ,`es m gg= at m o CL N CL L Q Cl) ? F 0 0 N a n O 0 a a C ep ' ..i E w i11 a A ' w co -F 9t 0 ?. C w z ' V a N a ,? a? oo G ro ~ zIZ +y+ C CN M G.rN - a •? ?>? <4 O >d 0>b w^ o i N 3 OZ2 z v) < W. Q Q .0 ^ N z .g a Q 0 p0W z A=a V c 3 dN L. 0 ZW0 : _ >. 0 `00 m E zz Q_aO ? --2 o a ar.6 p w E E 0 E?mti - cm 0. m a's Z> zr. w? Q zr- o? a E E a. i 00 ?a uj f- ° Q rii ii z H M C9 O %- 0 C) G a x (* c4 m U E N E > Qz o c C J r N M W) W r- w M O ? w r tY a-i M r tl e- N r Z J m o F fl- r! SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-Or= Fi F r T, ? F Sheriff t, ?' ??,??ttv of t?uu??rr???b r 3 t q, H .z. ; t t W Jody S Smith . - i ?u OCT 13 PM 2,011 Chief Deputy Richard W Stewart `? IF tO CCO?IT` Solicitor OFF! E of - '-ERIFF Deutsche Bank National Trust Company as Trustee Case Number vs. 2006-7179 Robin K Snow SHERIFF'S RETURN OF SERVICE 04/0612010 05:14 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1711 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robin K. Snow, located at, 341 Pine Grove Road, Gardners, Cumberland County, Pennsylvania according to law. 04/06/2010 05:14 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1711 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robin K. Snow, by making known unto,James Snow, spouse, at, 341 Pine Grove Road, Gardners, Cumberland County, Pennsylvania its contents and al the same time handing to him personally the said true and correct copy of the same. 05/27/2010 Property sale postponed to 8/4/2010. 07/3012010 Property sale postponed to 1016/2010. 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg on 10/5/10 SHERIFF COST: $729.88 SO ANSWERS, October 12, 2010 RON R ANDERSON, SHERIFF ? -ao dal . Co . {ci GounfySuite Sheriff. Teleosoft. Inc. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR. THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5 Plaintiff V. ROBYN K. SNOW Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7179- CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 341 PINE GROVE ROAD, GARDNERS, PA 17324. Name and address of Owner(s) or reputed Owner(s): Name ROBYN K SNOW 2. 3. 1. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 341 PINE GROVE ROAD GARDNERS, PA 17324 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) STEPHEN S. HOWARD 2107 MARYLAND AVENUE BALTIMORE, MD 21218 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of,every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 341 PINE GROVE ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. December 2, 2009 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? L wrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF . SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET- CIVIL DIVISION . BACKED CERTIFICATES, SERIES 2006-OPT5 NO. 06-7179- CIVIL TERM Plaintiff . : CUMBERLAND COUNTY VS. ROBYN K. SNOW Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBYN K. SNOW 341 PINE GROVE ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 341 PINE GROVE ROAD, GARDNERS, PA 17324 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $174,552.88 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale isnot stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-7179- CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5 VS. ROBYN K. SNOW owner(s) of property situate in the Cumberland County, Pennsylvania, being (Municipality) 341 PINE GROVE ROAD, GARDNERS, PA 17324 Parcel No. 08-14-0146-003B (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $174,552.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground located in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the center line of Pine Grove Road (Legislative Route 21005), at other lands now or formerly of Mountain Creek Campground, Inc.; thence North 00 degrees 26 minutes 39 seconds East along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.03 feet to an iron pin; thence South 89 degrees 33 minutes 21 seconds east along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 272.00 feet to an iron pin; thence South 00 degrees 27 minutes 52 seconds West along other lands now or formerly of Mountain Creek Campground, Inc., a distance of 321.44 feet to a railroad spike in the center line of Pine Grove Road (Legislative Route 21005); thence North 88 degrees 28 minutes 04 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 202.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005); thence South 87 degrees 38 minutes 42 seconds West along the center line of Pine Grove Road (Legislative Route 21005), a distance of 70.00 feet to a railroad spike in the center line of the said Pine Grove Road (Legislative Route 21005), being the point and place of BEGINNING. BEING all of Lot 3 as shown on a map entitled'Subdivision Plan for Mountain Creek Campground, Inc.,' dated June 24, 1984, by Statler and Lahr, 32-34 South Bedford Street, Carlisle, Pennsylvania, which map is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 47, Page 87. UNDER AND SUBJECT, to covenants, conditions, reservations, restrictions, easements and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Robyn K. Snow, adult woman, by Deed from William Z. Stallsmith and Barbara A. Stallsmith, husband and wife, dated 10/26/2005, recorded 11/10/2005, in Deed Book 271, page 4555. PREMISES BEING: 341 PINE GROVE ROAD, GARDNERS, PA 17324 PARCEL NO. 08-14-0146-003B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7179 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee for THE CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006- OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, Plaintiff (s) From ROBYN K. SNOW (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $174,552.88 L.L. Interest from 12/11/08 ($28.69 per diem) -- $15,463.91 Arty's Comm % Due Prothy $2.00 Arty Paid $2, 753.29 Other Costs Plaintiff Paid Date: 12/4/09 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 341 Pine Grove Road, Gardners more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: L O",koLe- Real Estate Coordinator S I :Z d 11 330 6001 pfd '?,1NI,US i: .JAMS 3H1 A0 _J31A-4Q PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 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. Writ No. 2006-7179 Civil Deutsche Bank National Trust Lisa Marie Co y4, Editor Company as Trustee Under the Pooling and Servicing Agreement, Series ITF RAST 2004-A5 SWORN TO AND SUBSCRIBED before me this VS. Robin K. Snow 0 da of A ril 2010 Atty: Daniel G. Schmieg ^ By virtue of a Writ of Execution NO. 06-7179- CIVIL, DEUTSCHE BANK NATIONAL TRUST COMPANY, Notary AS TRUSTEE FOR THE CERTIFI- CATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPTS, ASSET-BACKED CERTIFICATES, NOTARIAL SEA! SERIES 2006-OPTS vs. ROBYN K. IM gK SNOW, owner of property situate in OEOW A COL COLL the Cumberland County, Pennsylva- nia, being 341 PINE GROVE ROAD, NOROJGK CU MAN GARDNERS, PA 17324. COWAW" bom Ara X614 Parcel No. 08-14-0146-003B. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $174,552- .88. The Patriot-News Co.. 2020 Telchnol-ogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePahiot-Nets Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid-, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since-, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true-, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: Writ No. 2006-7179 Civil Term 04/16/10 Deutsche Bank National Trust Company as 04/23/10 Trustee /f 'finder the Pooling and Servicing 04/30/10 Agreement, Series ITF BAST ....... ..J,.? ....... Vs: Robin K Snow Atty: Daniel G Schmieg Sworn to and,?ubscribed before me this 18 d9' of May, 2010 A. D. By virtue of a Writ of Execution N0.06-7179- CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE t- 1 '-Publi& --- Not' CERTIFICATEHOLDERS OF SOUNDVIEW ry HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 200(- OPT5 vs. ROBYN K. SNOW Owner(s) of property situate in the Cumberland ':QMMQNWEALTH OF PENNSYLVANIA County, Pennsylvania, being (Municipality) 341 moo" Seal PINE GROVE ROAD, GARDNERS, PA 17324 Shade L. KISrw, Notary public Parcel No. 08-14-0146-003B Lower Psxtm TWP., Dauphin County Ii (Acreage or street address) MY Comm"On ftoreS Nov 26, 2011 Improvements thereon: RESIDENTIAL. Member, Pennsylvania Agsoclatlon of Notaries DWELLING JUDGMENT AMOUNT $174,552.88