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HomeMy WebLinkAbout06-7211PHELAN HALLINAN & SCHMIEG, LLP 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 143727 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DEANNA E. HOFFMAN JOHN T. HOFFMAN 401403 FRONT STREET WEST FAIRVIEW, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O(. 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 TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143727 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 #: 143727 Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DEANNA E. HOFFMAN JOHN T. HOFFMAN 401403 FRONT STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/29/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1925, Page: 1495. 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 06/01/2006 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 #: 143727 6. The following amounts are due on the mortgage: Principal Balance $63,669.50 Interest 3,074.00 05/01/2006 through 12/18/2006 (Per Diem $13.25) Attorney's Fees 1,250.00 Cumulative Late Charges 22.65 09/29/2005 to 12/18/2006 Cost of Suit and Title Search 550.00 Subtotal $ 68,566.15 Escrow Credit 0.00 Deficit 9.96 Subtotal 9.96 TOTAL $ 68,576.11 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 $ 68,576.11, together with interest from 12/18/2006 at the rate of $13.25 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 Jwz? By: rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143727 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty-five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety-eight and five-tenths (198.5) feet to a point marked by an iron pin; thence South eighty-two (82) degrees forty-five (45) minutes west, fifty-four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street, South seven (07) degrees fifteen minutes East, one hundred ninety-eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book'U', Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21- 1991-0836 and granted a life interest to his wife, Darlien Frey, and a remainder interest to his six children, the grantors herein. Darlien Frey died March 15, 2005. PREMISES BEING 401-403 FRONT STREET File #: 143727 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 unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I of Uo v( ? O C`? c-- p y; C c? i I agn 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN CUMBERLAND CO COURT OF COMMON CIVIL DIVISION NO. 06-7211- CIVIL TI 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 DEANN and JOHN T. HOFFMAN, Defendant(s) for failure to file an Answer to Plaintiffs I,C 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, Plaintiffs damages as follows: As set forth in Complaint Interest from 12/19/06 to 02/02/07 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Dc (2) that notice has been given in accordance with Rule 237. 1, copy DANIEL G. Attorney for DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?S1 Q667 PRO4P $68,576.11 $609.50 $69,185.61 s) are as E laint within assess above, and 143727 PHELAN 14ALLINAN & 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 HSBC BANK USA, NATIONAL ASSOCIATION AS : COURT OF COMMON PLEAS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT- A SECURITIES INC. MORTGAGE LOAN TRUST, : CIVIL DIVISION SERIES 2005-6 Plaintiff Vs. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants TO: DEANNA E. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 DATE OF NOTICE: JANUARY 23, 2007 CUMBERLAND COUNTY NO. 06-7211-CIVIL TERM FILE COP THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS OTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO, REIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURE' SE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND NCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DE T, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APP ARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFE SES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TE DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE RING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT' AVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YO WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO P VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PE ONS 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 FRANCIS S. HALLIIr1iN, ESQUIRE Attorneys for Plaintiff 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 HSBC BANK USA, NATIONAL ASSOCIATION AS : COURT OF COMMON PLEAS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT- A SECURITIES INC. MORTGAGE LOAN TRUST, : CIVIL DIVISION SERIES 2005-6 Plaintiff Vs. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendants TO: JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 DATE OF NOTICE: JANUARY 23, 2007 CUMBERLAND COUNTY NO. 06-7211-CIVIL TERM FILE CUPT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS OTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO REIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPP SE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPON NCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A Dt T, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APP ARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFT SES )R OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TAE DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE RING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YO WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO P OVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE Pt SONS 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 f FRANCIS S. HALLIN4N, 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD ATTORNEY FOR CUMBERLAND CO COURT OF COMMA CIVIL DIVISION NO. 06-7211- CIVIL Plaintiff, v. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attoi the above-captioned matter, and that on information and belief, he has knowledge to wit: r the Plaintiff in following facts, (a) that the defendant(s) is/are not in the Military or Naval Service oft e United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relie Act of Congress of 1940, as amended. (b) that defendant DEANNA E. HOFFMAN is over 18 years of age a d resides at, 22 SOUTH 4TH STREET, HALIFAX, PA 17032. (c) that defendant JOHN T. HOFFMAN is over 18 years of age, and r sides at, 22 SOUTH 4TH STREET, HALIFAX, PA 17032. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I DANIEL G. SQ Attorney for/Plaintiff- n (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 3476 STATEVIEW BLVD Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). CUMBERLAND CO COURT OF COMMI YLVANIA PLEAS CIVIL DIVISION NO. 06-7211- CIVIL T Notice is given that a Judgment in the above-captioned matter has been entered again ;t you on '7 200 If you have any questions concerning this matter, please contact: By: DANIEL . S HIS , ES I Attorney for P aintiff ONE PENN C NTER UBURI3 N STATION 1617 JOHN F KENNEDY BLVD.. UITE 1400 PHILAD L IA, PA 19103-18141 (215) 563-4000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVE] BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS 1 NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCI AGAINST PROPERTY." 'ORMATI ON DISCHARGE IN AND SHOULD ;NT OF A LIEN 1 11 4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). No. 06-7211- CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/03107 to JUNE 13, 2007 (per diem -$11.37) $69,185.61 $1,489.47 and Costs TOTAL Add' I fees $72,839.86 $2164.78 DAMEL G. SC IEG?UIRE One Penn Center t Sub Station 1617 John F. nnedy Boulevard, Suite 1400 Philadelph' A 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. 143727 0z x z o W y a H? V a? zw?w? z ? z oww?o w ow Hwx?O w? w? z?;) xc H o 0 vz 4H wx ?' co uz w o ac 0 0.4 0* w U?A?H A U xw xo0u w w rA V ce) ? ??? ? ? 1 S ? 1 l 1 S 4 1 1 o d d 0 4 Z?' 0 t„ C-A Li cn cr r i rv) n I a w° N N M M O O n N r-1 rt aw ,9 o? N N 13 I?j L4 O? -d cc? N ? M cl ?i 4 v __,..) c? ALL that certain tract of land situate in the East Pennsboro Twp., Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty-five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety-eight and five- tenths (198.5) feet to a point marked by an iron pin; thence South eighty-two (82) degrees forty-five (45) minutes west, fifty-four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street South seven (07) degrees fifteen minutes east, one hundred ninety-eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book'U', Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21-1991-0836 and granted a life interest to his wife, Darlien Frey, and a remainder interest to his six children, the grantors herein. Darlien Frey died March 15, 2005. PARCEL IDENTIFICATION NO: 45-17-1044-100 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, husband and wife, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, now by marriage Tracey Frey Hoffman and Joseph Frey and Ruth Fry-Lupfer, individually, and Fry-Lupfer, as administrator, dated 09/29/2005, recorded 10/03/2005, in Deed Book 271, page 1190. Note: Deed represents two addresses, 401 and 403 Front Street. Premises: 401-403 Front Street, West Fairview, PA 17025 East Pennsboro Township, Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7211 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6, Plaintiff (s) From DEANNA E. HOFFMAN AND JOHN T. HOFFMAN (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 $69,185.61 L.L. $.50 Interest FROM 2/3/07 TO 6/13/07 (PER DIEM - $11.37) - $1,489.47 AND COSTS Atty's Comm % Atty Paid $297.28 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) 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 Due Prothy $1.00 Other Costs ADD'L FEES - $2,164.78 - 24t2?q -4 C is R. Lo r thonot By: Deputy 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7211- 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 falsification to authorities. to unsworn DANIEL G. SCHWG, Attorney for Plai iff r-Jp Yy [- !? .r (r7 .LESS -r? CK) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6, 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,401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Name and address of Owner(s) or reputed Owner(s): Name DEANNA E. HOFFMAN JOHN T. HOFFMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7211- CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 22 SOUTH 4TH STREET HALIFAX, PA 17032 22 SOUTH 4TH STREET HALIFAX, PA 17032 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) MERS AS A NOMINEE FOR AMERICAN P.O. BOX 2026 HOME MORTGAGE FLINT, MI 48501-2026 AMERICAN HOME MORTGAGE 520 BROADHOLLOW ROAD MELVILLE, NY 11747 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 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 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 be my personal knowledge or information and belief. I understand that false statements herein made subject to the lare penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificpt orb to autho ' es. February 2, 2007 DATE G.,SCW W, ESQUIRE P co r HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 Plaintiff, V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). CUMBERLAND COUNTY No. 06-7211- CIVIL TERM February 2, 2007 TO: DEANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET 22 SOUTH 4TH STREET HALIFAX, PA 17032 HALIFAX, PA 17032 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025, _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 $69,185.61 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 (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. I 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 DESCRIPTION ALL that certain tract of land situate in the East Pennsboro Twp., Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty-five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety-eight and five- tenths (198.5) feet to a point marked by an iron pin; thence South eighty-two (82) degrees forty-five (45) minutes west, fifty-four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street South seven (07) degrees fifteen minutes east, one hundred ninety-eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book'U', Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21-1991-0836 and granted a life interest to his wife, Darlien Frey, and a remainder interest to his six children, the grantors herein. Darlien Frey died March 15, 2005. PARCEL IDENTIFICATION NO: 45-17-1044-100 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffinan, husband and wife, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, now by marriage Tracey Frey Hoffman and Joseph Frey and Ruth Fry-Lupfer, individually, and Fry-Lupfer, as administrator, dated 09/29/2005, recorded 10/03/2005, in Deed Book 271, page 1190. Note: Deed represents two addresses, 401 and 403 Front Street. Premises: 401-403 Front Street, West Fairview, PA 17025 East Pennsboro Township, Cumberland County Pennsylvania a O ? tsx 'z s co A"MAVY r OP' SnVCCZt (PLAINTIFF OSDC BANK USA, NATIONAL ASSOCIATION, AS TRUSTRZ FOR T= HOWns OF DEUTSCHE ALT-A SECURTTIM INC. MORTGAGE LOAN TRUST, SERIES 2005.6 DEFENDANT(S) DEANNA E` ROFFMAN JOHN T. ROFFMAN SERVE DEANNA E. HOFFMAN AT 22 SOU'T'H 4TO STREET HALIFAX, FA 17032 SERVED PAW CUMBERLAND COUNTY No. 06-7211- CIVIL TERM Our File. #°I 7 Type of Action - Notice of S4erifr's Salle Sala Date: AM 13, 2007 Served and made known to Q n ? E 4r1 Defendant, on the l / da),of Al`t!,tr' 200 Z?y ? o'clock -F.M. at 2 S. ? h ?L Commonwealth of Pennsylvania, in the manner descn'bed below: _,cDefendant personally Served. V? Adult doily member with whom, De s) resIde(s} Nam and Re -Adult in 011010 of De1bndant(s)'a nsideacn who M%sed to give name ht?' --__,Manalw/Clerk of place of lodging in which be{bndant(s ) R _Agent or person in charge of ?$)'a office or mode(s). usual place of badness. Othot: an officer of said Dchndant(s)'s cornppny. -? Win. , a true and Agc&6-76 E' -V, WeightZ Raw W sae Other ? ? 0 ? (:l` d-- a cowWAwt aduh, being duty sworn accord to law, dep4w a correct copy of the Nrotice of StuxRl's Sale in the mannerasset faa?th? ? 5040 dot I p"'D1d? handed the a khss Wd10wad above, harem, isSUed in '!fie ctYioned ease on tha date pod at to 5 / day 00,E ay o 5 B AW4M SERVICE AfLEAST 3 TIIYIFS. (INDICATE DATES & TIRYIES OF SEWc]g ATTEMPTED. ATRICIA A E. HARRIS Commission Expires June 16, 2008 NOT SBBVED On the _ _ ,,.,_.,_, day of 40, at - o'clock _.M., Defendant NOT FOUND because: Moved unknown No Answer Vacant 1't Attewpl: / / Time: 2°e Attempt: Time: h 3rd.A.ttempt: .---'T- Sworn to and subscribed before me this _ _ day . of 200"' Now BY. Attoriev for Plaintiff Daniel G. Sohmieg, I&sgslre - LD. No. 62M 9 C`3 Q C_ ? m CZ) T a ? w AlPPIiDAVIT OF SERVICE PLAINTIFF HSBC BANK USA, NATIONAL ASSOCYATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT -A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 DEFENDANT(S) DEANNA E. HOFIi'MAN JORN T. HOFFMAN SERVE JOHN T. HOFFMAN AT 22 SOUTH 4TH STREET HALIFAX, PA 17032 PAW CWBERLAND COUNTY No. 06-7211- CIVIL TERM Our File. #11= Typc of Actiola - Notice of Sherffs Sale Sale Date; JUNE 13, 2007 SERVED Served and made known to _Do h h T n?a ? Aefendant, on the ?_ say of ?t' b r u 4n 200 ?- ? ? Y o C10Ck .m , st Z Z S• LI ?'? S f - Commonwealth of Pennsylvank; In the manner described below: zAduh dart personally served ty mOmbcr with whom Defendant(s) reside(s). Nance and Relationship is Adult In charge of Defiendant(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 ofDefendangs)'s ofoe or usual'plaee of business. - T - Other: an officer of said Defbndant(s)'s company. .-., Description: Age 0 -70 Height S L(?" weight AE Race w sex „ Other I' GL 8 Q a b erl s a competwedult, being duty awo n ace boner handed a true and correit opy ofthe Notice of. to law, depose and state that f captioned case on the date and at the address indicated abm, a Sale in the manner as set here* hob issued in the SVp" and subscribed T., day 0Tj By, ATTEM) T SERVICE ITTiCAST 3 TMU, INDICATE DATES dt TIM OM OF SERVICE Public ATTR, &RIS 0i 146W je" PA7RICIA E FfARF NOT SERVED w ,, E vim Jim ,?, on the - day of ` ' 200 at o'clock _.m., befendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Atte>atpt: / / Time: 3rd Attemptt: Time: Sworn to and submibW before me this - - - day of , 200 Nob"' By: ttorne_y for PLieti*r Daniel O. Sehmiieg, Esquire I.D. No. 62205 211d Attempt-, / / _„Time: 37 ;-? ?: -;? .?,, ?-; ;- : _-' ? -?:? --+ ? -rt ?.? ? w ??; -' v _ -;?: `= ? c? ?? -- -= ?? rn x C? ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07211 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA VS HOFFMAN DEANNA E ETA L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN DEANNA E but was unable to locate Her in his bailiwick COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT NOT FOUND , as to HOFFMAN DEANNA E 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 14.08 Not Found 5.00 Surcharge 10.00 .00 47.08 So answers: c R. ThSma s f6- Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/10/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07211 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA VS HOFFMAN DEANNA E ETA L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN JOHN T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , HOFFMAN JOHN T 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THERE IS AN OCCUPANT. Sheriff's Costs: So answe s• Docketing 6.00 Service .00 Y Not Found 5.00 R . Th6r6a -Kline Surcharge 10.00 Sheriff of Cu; erland County .00 l/2,4 'b7 21.00 PHELAN HALLINAN SCHMIEG 01/10/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07211 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA VS HOFFMAN DEANNA E ETA L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN DEANNA E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOFFMAN DEANNA E 620 HIGH STREET WEST FAIRVIEW, PA 17025 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THERE IS AN OCCUPANT. Sheriff's Costs: So answer; -] Docketing 6.00 - Service 14.08 Not Found 5.00 R. T o a e Surcharge 10.00 Sheriff of Cumberland County .00 35.08 PHELAN HALLINAN SCHMIEG 01/10/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07211 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA VS HOFFMAN DEANNA E ETA L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFMAN JOHN T but was unable to locate Him in his bailiwick !1l\.- T -7- TA/\ M 11/ 11 T'? He therefore returns the NOT FOUND , as to the within named DEFENDANT , HOFFMAN JOHN T 620 HIGH STREET WEST FAIRVIEW, PA 17025 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge +'a y/b I So answer --'.. 6.00 00 5.00 R. Tho sr'Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/10/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-07211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS HOFFMAN DEANNA E ETA L R. Thomas Kline , duly sworn according to law, say; and inquiry for the within named HOFFMAN DEANNA E but was unable to locate Her deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being that he made a diligent search and DEFENDANT to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 10th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers -- Docketing 6.00 f 'f Out of County 9.00 ' Surcharge 10.00 omas Kline Dep Dauphin County 49.25 Sheriff of Cumberland County Postage .87 75.12 01/10/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania, HSBC Bank USA vs. Deanna E. Hoffman et al 06-7211 civil SERVE: Deanna E. Hoffman No. Now, December 21,. 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphjn County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA (f)ffLtE Of 14E 6*hPxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • HSBC BANK USA vs • HOFFMAN DEANNA E Sheriff's Return No. 2116-T - - -2006 OTHER COUNTY NO. 06-7211 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:January 2, 2007 at 8:49AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon HOFFMAN DEANNA E by personally handing to JOHN HOFFMAN, HUSBAND OF DEANNA 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 22 SOUTH 4TH ST HALIFAX, PA 17032-0000 Sworn and subscribed to before me this 4TH day of JANUARY, 2007 NOTARIAL. SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sherf of Da ijj, county, Pa. r 0 By Deputy Sheri f Sheriff's Costs:$49.25 PD 12/28/2006 RCPT NO 224939 GMILLER SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-07211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS HOFFMAN DEANNA E ETA L R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HOFFMAN JOHN T but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 10th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer_s_:......_, Docketing 6.00 Out of County 00 Surcharge 10.00 R. h mas Kline Q---- .00 Sheriff of Cumberland County 00 16.00 ?/l2y la -? ?-- 01/10/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania HSBC Bank USA vs. Deanna E. Hoffman et al 06-7211 civil SERVE : John T. Hoffman No. Now, December 21, 2006 , j, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to 20 , at o'clock M. served the copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA Affidavit of Service (???tCE II# t48 ?4rrfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HSBC BANK USA vs • HOFFMAN DEANNA E Sheriff's Return No. 2116-T - - -2006 OTHER COUNTY NO. 06-7211 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:January 2, 2007 at 8:49AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon HOFFMAN JOHN T by personally handing to DEFENDANT 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 22 SOUTH 4TH ST HALIFAX, PA 17032-0000 Sworn and subscribed to before me this 4TH day of JANUARY, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ?) 7 e?? Sheriff of. DauphiRy County, Pa. i B z Y ,,Deputy Sheriff Sheriff's Costs:$49.25 PD 12/28/2006 RCPT No 224939 GMILLER HSBC Bank USA, National Association, as In The Court of Common Pleas of Trustee for the Holders of Deutsche Alt-a Cumberland County, Pennsylvania Securities Inc. Mortgage Loan Trust Writ No. 2006-7211 Civil Term VS Deanna E. Hoffinan and John T. Hoffinan R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Deanna E. Hoffman and John T. Hoffman, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale, and Description according to law. Dauphin County Return: And now, March 13, 2007 at 0808 hrs, served the within Real Estate Writ, Notice of Sale and Description upon the within named defendants, Deanna E. Hoffinan and John T. Hoffman, by handing to John T. Hoffman, personally and adult in charge for Deanna E. Hoffinan, at 22 South 4th Street, Halifax, PA 17032, and making known unto him the contents thereof. So answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1025 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 Deanna E. Hoffman and John T. Hoffman, located at 401-403 Front Street, West Fairview, 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 defendants, to wit: Deanna E. Hoffman and John T. Hoffman, by regular mail to their last known address of 22 South 4th Street, Halifax, PA 17032. These letters were mailed under the date of April 3, 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 instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 22.06 Advertising 15.00 Posting Handbills 15.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Out of County 9.00 Dauphin County 49.25 Law Journal 473.00 Patriot News 434.48 ?? F?b $1,124.86 ? / 1.??5g??4 So Answers: r R. Thomas Kline, Sheriff BYE Real Estate rgeant M / HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-7211- CIVIL TERM DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 , 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,401-403 FRONT STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEANNA E. HOFFMAN JOHN T. HOFFMAN 22 SOUTH 4TH STREET HALIFAX, PA 17032 22 SOUTH 4TH STREET HALIFAX, PA 17032 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 r 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) MERS AS A NOMINEE FOR AMERICAN P.O. BOX 2026 HOME MORTGAGE FLINT, MI 48501-2026 AMERICAN HOME MORTGAGE 520 BROADHOLLOW ROAD MELVILLE, NY 11747 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 401-403 FRONT STREET WEST FAIRVIEW, PA 17025 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 be my personal knowledge or information and belief I understand that false statements herein made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifico to autho ' es. February 2, 2007 DATE G.,8CW1FZ, ESQUIRE P HSBC BANK FOR THE HOLDERS OF?TION, AS TRUSTEE DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, nSERIES 2005-6 V. DEANNA E. HOFFMAN JOHN T. HOFFMAN Defendant(s). CUMBERLAND COUNTY No. 06-7211- CIVIL TERM February 2, 2007 TO: DEANNA E. HOFFMA.N JOHN T. HOFFMAN 22 SOUTH 4TH STREET 22 SOUTH 4TH STREET HALIFAX, PA 17032 HALIFAX, PA 17032 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY: * * Your house (real estate) at, 401-403 FRONT STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriff s 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 $69,185.61 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6 (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 tl 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. 4' ... 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) 3-7000. 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 4k DESCRIPTION ALL that certain tract of land situate in the East Pennsboro Twp., Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty-five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety-eight and five- tenths (198.5) feet to a point marked by an iron pin; thence South eighty-two (82) degrees forty-five (45) minutes west, fifty-four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street South seven (07) degrees fifteen minutes east, one hundred ninety-eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Pennsylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book'U', Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21-1991-0836 and granted a life interest to his wife, Darlien Frey, and a remainder interest to his six children, the grantors herein. Darlien Frey died March 15, 2005. PARCEL IDENTIFICATION NO: 45-17-1044-100 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, husband and wife, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, now by marriage Tracey Frey Hoffman and Joseph Frey and Ruth Fry-Lupfer, individually, and Fry-Lupfer, as administrator, dated 09/29/2005, recorded 10/03/2005, in Deed Book 271, page 1190. Note: Deed represents two addresses, 401 and 403 Front Street. Premises: 401-403 Front Street, West Fairview, PA 17025 East Pennsboro Township, Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7211 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES INC. MORTGAGE LOAN TRUST, SERIES 2005-6, Plaintiff (s) From DEANNA E. HOFFMAN AND JOHN T. HOFFMAN (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 $69,185.61 L.L. $.50 Interest FROM 2/3/07 TO 6/13/07 (PER DIEM - $11.37) - $10489.47 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $297.28 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) Other Costs ADD'L FEES - $2,164.78 O Curtong, Nake of ry 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 # 48 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 401-403 Front Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 23, 2007 By: Real Estate Sergeant 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#48 Sworn to and subscribed before me this 18th day of May 2007 A.D. COMivtfiIVVVEHLTH 0 PENNSYLVI-'N1A ?°`^ iVotarial Seal eay L. Russell, iJotar,, f 'ublic City of Harrisburg, Dauphin County ° Commission EX!14es „ une 6, 2010 Me hp• "r" of Notaries 5 PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 md F p d amt side of RU bt$rtt?a1 a (54) flea to 4qf' 44&wrl*b* of the 'sue (07) mmw DD by PA4M 1 M" mulpso 1. r WN t ?1 GMs ? pis . „the *d *to' 15, W, 45-17-1044 ' IN E NOW Ao?, 4?t ". r REAL ESTATE SALE NO. 48 Writ No. 2006-7211 Civil HSBC Bank USA, National Association, as Trustee for the Holders of Deutsche Alt-A Securities Inc. Mortgage Loan Trust VS. Deanna E. Hoffman and John T. Hoffman Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land situ- ate in the East Pennsboro Twp., Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at an iron pin, on the east side of Front Street; thence North eighty-two (82) degrees forty- five (45) minutes east, fifty-four (54) feet to an iron pin at the shore of the Susquehanna River; thence North seven (07) degrees fifteen (15) minutes west, one hundred ninety- eight and five-tenths (198.5) feet to a point marked by an iron pin; thence South eighty-two (82) degrees forty-five (45) minutes west, fifty- four (54) feet to a point marked by an iron pin to the east side of Front Street; thence along Front Street South seven (07) degrees fifteen minutes east, one hundred ninety- eight and five-tenths (198.5) feet to a point, the place of Beginning. HAVING thereon erected a double frame dwelling house known and numbered as 401 and 403 Front Street, West Fairview, Penn- sylvania. BEING the same which Harry W. Traub and Mary E. Traub, husband and wife, by deed dated September 12, 1974, and recorded in Deed Book `U', Vol. 25, Page 228, granted and conveyed to John W. Frey, singleman. John W. Frey died testate November 25, 1991. His will was duly probated and registered in the Office of Register of Wills, No. 21- 1991-0836 and granted a life inter- est to his wife, Darlien Frey, and a remainder interest to his six chil- dren, the grantors herein. Darlien Frey died March 15, 2005. PARCEL IDENTIFICATION NO: 45-17-1044-100. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John T. Hoffman and Deanne E. Hoffman, husband and wife, by Deed from Richard Frey and Michael Frey and Barry Frey and Tracey Frey, now by marriage Tracey Frey Hoffman and Joseph Frey and Ruth Fry-Lupfer, individu- ally, and Fry-Lupfer, as administra- tor, dated 09/29/2005, recorded 10/03/2005, in Deed Book 271, page 1190. Note: Deed represents two addresses. 401 and 403 Front Street. Premises. 401-403 Front Street, west Fairview, PA 17025, East Pennsboro Township, Cumberland 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. L' a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of Maw t 7' "' 3LAL