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HomeMy WebLinkAbout07-0543ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-17174, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4, Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 11533/06 0,7 - -r 3 PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE Code MORTGAGE FORECLOSURE Plaintiff, vs. JAMES A. SALISBURY, II, Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Defendant. Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY NO: 07-543 BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, Defendant. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $144,733.92, in favor of the Duetsche Bank, et al, Plaintiff in the above-captioned action, against the Defendants, James S. Salisbury, II and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $1279008.20 Interest from 08/01/06-03/05/07 59637.08 (Plus $23.7919 per day after 03/05/07) Late charges (Plus $44.75 per month from 01/24/07-6/13/07 $179.00) 179.00 Attorney's fee 69350.41 Escrow Deficit 5,559.41 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due $1443733.92 The real estate, which is the subject matter of the Complaint, is situate in Upper Frankford Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel No. 43-04-0387-069. - • Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-17174 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY NO: 07-543 BANK OF INDIANA, ; Plaintiff, vs JAMES A. SALISBURY, II, Defendant. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 22, 2007, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 5th day of March, 2007. VA6 I ?2 Notary Public Helen F.- C.1", r?` rn- utE' V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4, Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY NO: 07-543 - Civil Term BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, TO: James A. Salisbury, II c/o Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Defendant. IMPORTANT NOTICE James A. Salisbury, II 3 Woodland Drive Newville, PA 17241 Date of Notice: February 22, 2007 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 (10) 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LO>dJI VITTI & ASSOCIATES, P.C. BYE. r t? Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. Louis P. Vitti, Esquire SWORN to and subscribed before me this 5th day of March, 2007. t Notary Public lv -?; c,i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-543 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 ASSIGNEE OF FIRST FRANKLIN FINANCIAL CORPORATION, ASSIGNEE OF FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff (s) From JAMES A SALISBURY, II (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 $144,733.92 Interest 3/6/07 - 6/13/07 - $2,355.40 Atty's Comm % Atty Paid $118.80 Plaintiff Paid Date: MARCH 13, 2007 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curtis R. Long, Prothonotary REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Deputy .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4, Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 11533/06 61- sY3 C?? h-? PRAECIPE FOR WRIT OF l EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE Plaintiff, vs. JAMES A. SALISBURY, II, Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. Defendant. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, Defendant. NO: 07-543 PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: in: Amount Due $1449733.92 Interest 03/06/07-06/13/07 2,355.40 Total $147,089.32 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate Upper Frankford Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel No. 43-04-0387-069. 4??. ? I Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-17174 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY NO: 07-543 BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, Defendant. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 3 Woodland Drive, Newville, PA 17241. Louis P. Vitti, Esquire SWORN TO and subscribed ? a ?4 -10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, Defendant. NO: 07-543 AFFIDAVIT PURSUANT TO RULE 3129.1 Duetsche Bank, et al, 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 3 Woodland Drive, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: James A. Salisbury, II c/o Bradley L. Griffie, Esq. Address (Please indicate if this cannot be reasonably ascertained) 200 North Hanover Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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: The Milton S. Hershe Medical Center Address (Please indicate if this cannot be reasonably ascertained) P.O. Box 853 Hershey, PA 17033 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) CitiFinancial Incorporated 6520 Carlisle Pike, Ste. 155 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Upper Frankford Township c/o Shirley Armold Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division 650 Mohawk Road Newville, PA 17241 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 3 Woodland Drive Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 5. 2007 Date SWORN TO and subscribed before me this 5th day of March, 2007. Notary Public Louis P. Vitti, Esquire Attorney for Plaintiff C'> ? ?7 r--- ? -7? '? "? .? ` , ';? (? ? _, ii' ? _) . ?-;- a __ ? ?i `f-, ??? ? • . ? -` ?1 ?3 d? FF ?? .AJ .i Y NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: James A. Salisbury, II 3 Woodland Drive Newville, PA 17241 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 13, 2007 at 10:00 A.M., the following described real estate, of which James A. Salisbury are owners or reputed owners: Upper Frankford Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel No. 43-04-0387-069. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Duetsche Bank, et al vs. James A. Salisbury, II at 07-543-Civil Term in the amount of $144,733.92. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. s F r YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** t`? .._, _?:; ?: _ ? ?t C- ' -. j :- ' .> ?-; r .. t.a7 .1 -. C.?°-t °-<w. a IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA T _ CIVIL DIVISION -- - PRABCIPE FOR WRIT OF FCECUTION ?- vs. -?Ry"-e5 SaliStocu- ( ) Confessed Judgment Other File No . `?-?--LaL' C? 7 ' S Arroun t Duel 1 ?1 ?-4 .-133. q Interest , 3S.s. 40 At ty' s Ccran . Costs TO THE PMTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installnent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ori.ginal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CLv,-MVW-r1aj-)61 County, for dam, interest and costs upon the following described property of the defendant(s) 1 lQas'e- Sep [ C'AI C i oQG?I ?T Y1 . i PRAE= FOR ATTACHMEW EXE=ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four =pies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee (s) . (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit.- DATE: Signature P=int Name: ?S T. Vti4,1'i - =padres s : ct I In Ill) - QA 15 .-,Z zo*_mev for: -z1z- ^ore: Cy Q) -2S1-1"7?-S- oD08 _ ,. .. LA) f 4tA _ J 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY NO: 07-543 BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, Defendant. LEGAL DESCRIPTION ALL that certain tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the Southwestern corner of Lot No. 4 on the hereinafter mentioned plan of lots, on the line of land now or formerly of William C. Bistline; thence along the latter, South 24 degrees 05 minutes 47 seconds East, a distance of 300.00 feet to an iron pin on the line of land retained by the Grantor herein; thence along the later, North 62 degrees 23 minutes 00 seconds East, a distance of 260.00 feet to an iron pin on the Western side of a 20.00 feet wide private right-of-way; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 300.00 feet to an iron pin at the Southeastern corner of Lot No. 5 on said plan; thence along the latter, South 62 degrees 23 minutes 00 seconds West, a distance of 260.00 feet to an iron pin, the place of beginning. HAVING erected thereon a dwelling known as 3 Woodland Drvie, Newville, PA 17241. PARCEL NO. 43-04-0387-069. BEING the same premises which James A. Salisbury and Barbara J. Salisbury, a married couple, by Deed dated 10/31/2005 and recorded 11/03/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3974, granted and conveyed unto James A. Salisbury, II. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4, Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA CIVIL DIVISION NO. SW oloiL( COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff VS. JAMES A. SALISBURY, II Counsel of record for this party: Defendant. Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, et al. ) Plaintiff, ) NO: VS. ) JAMES A. SALISBURY, II ) Defendant. ) 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORT A E FORE LOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at c/o 150 Allegheny Center, Pittsburgh, PA 15212. 2. The Defendant(s) is/are individuals with a last known mailing address of 3 Woodland Drive, Newville, PA 17241. The property address is 3 Woodland Drive, Newville, PA 17241 and is the subject of this action. 3. On the 31 st day of October, 2005, in consideration of a loan of One Hundred Twenty Eight Thousand and 00/100 ($128,000.00) Dollars made by First Franklin, a Division of National City Bank of Indiana, a CA corporation, to Defendant(s), the said Defendant(s) executed and delivered to First Franklin, a division of National City Bank of Indiana, a CA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and First Franklin, a Division of National City Bank of Indiana, as mortgagee, which mortgage was recorded on the 3rd day of November, 2005, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1929, page 4101. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A "ATTACHED HERETO. 5. On the 30th day of January, 2006, First Franklin, a division of National City Bank of Indiana, a CA corporation, assigned to the Plaintiff, First Franklin Financial Corp., the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 30th day of January, 2006, in Mortgage Book Volume 724, page 2276. The said assignment is incorporated herein by reference. 6. On the 5th day of January, 2007, First Franklin Financial Corp., a CA corporation, assigned to the Plaintiff, Deutsche Bank National Trust Company, et al., the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County and the said assignment is incorporated herein by reference. 7. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 8. Since September 1, 2006, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 9. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 10. The amount due on said mortgage is itemized on the attached schedule. 11. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of the filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Forty Three Thousand Eight Hundred Seventy Two and 70/100 Dollars ($143,872.70) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOPl., P.C. BY Louis P. Vitti, Esquire Attorney for Plaintiff SALISBURY SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 7.5000% from 08/01/06 through (Plus $26.0976 per day after 1/31/2007 ) Late charges through 1/24/2007 0 months @ 44.75 Accumulated beforehand (Plus $44.75 on the 17th day of each month after Attorney's fee Escrow deficit 1/31/2007 1/24/2007 ) (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 127,008.20 4,775.86 179.00 6,350.41 5,559.23 143,872.70 ALTA LOAN POLICY EXHIBIT A LEGAL DESCRIPTION File No. S100.337 D,A Policy No. M-9994-8010898 ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the southwestern corner of Lot No. 4 on the hereinafter mentioned plan of lots, on the line of land now or formerly of William C. Bistline; thence along the latter, South 24 degrees 05 minutes 47 seconds East a distance of 300.00 feet to an iron pin on the line of land retained by the Grantor herein; thence along the latter, North 62 degrees 23 minutes 00 seconds East, a distance of 260.00 feet to an iron pin on the western side of a 20.00 feet wide private right-of-way; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 300.00 feet to an iron pin at the south-eastern comer of Lot No. 5 on said plan; thence along the latter, South 62 degrees 23 minutes 00 seconds West, a distance of 260.00 feet to an iron pin, the Place of BEGINNING. " EXHIBIT STEWART TITLE GUARANTY COMPANY VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: January 24, 2007 w .? E? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00543 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SALISBURY JAMES A II STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SALISBURY JAMES A II the DEFENDANT at 1845:00 HOURS, on the 1st day of February , 2007 at 3 WOODLAND DRIVE NEWVILLE, PA 17241 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 -7 (;, Sworn and Subscibed to before me this day of , So Answers: .oia` rv f R. Thomas Kline 02/02/2007 LOUIS VITTI By. Z??/ Deputy Sheriff A. D. Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for First Franklin Mortgage Loan Cumberland County, Pennsylvania Trust 2006-FF4, Mortgage Pass Through Writ No. 2007-543 Civil Term Certificates, Series 2006-FF4 Assignee of First Franklin Financial Corporation, Assignee of First Franklin, a Division of National City Bank of Indiana VS James A. Salisbury, II Sgt. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2007 at 1516 hours, she 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: James A. Salisbury, II, by making known unto James Salisbury II, personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1435 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James A. Salisbury, II, located at 3 Woodland Drive, Newville, 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: James A. Salisbury, II, by regular mail to his last known address of 3 Woodland Drive, Newville, PA 17241. 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 Louis P. Vitti. Sheriffs Costs: Docketing 30.00 Poundage 330.62 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 21.12 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 329.42 Share of Bills 16.17 06 7 $1148.83 So Answers: R. Thomas Kline ?ff BY G Real Estate ' rgeant 1 51, 5 q c 41 dam, /1'1'7/7 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 NO: 07-543 Duetsche Bank, et al, 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 3 Woodland Drive, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) James A. Salisbury, II 200 North Hanover Street c/o Bradley L. Griffie, Esq. Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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: Address (Please indicate if this cannot be reasonably ascertained) The Milton S. Hershe Medical Center P.O. Box 853 Hershey, PA 17033 y 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) CitiFinancial Incorporated 6520 Carlisle Pike, Ste. 155 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Upper Frankford Township c/o Shirley Armold Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division 650 Mohawk Road Newville, PA 17241 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 3 Woodland Drive Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. March 5, 2007 Date SWORN TO and subscribed before me this 5th day of March, 2007. I'Lc-( - aPublic Louis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: James A. Salisbury, II 3 Woodland Drive Newville, PA 17241 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 13, 2007 at 10:00 A.M., the following described real estate, of which James A. Salisbury are owners or reputed owners: Upper Frankford Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel No. 43-04-0387-069. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of . Duetsche Bank, et al vs. James A. Salisbury, II at 07-543-Civil Term in the amount of $144,733.92. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. . YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY NO: 07-543 BANK OF INDIANA, Plaintiff, vs JAMES A. SALISBURY, II, LEGAL DESCRIPTION Defendant. ALL that certain tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the Southwestern corner of Lot No. 4 on the hereinafter mentioned plan of lots, on the line of land now or formerly of William C. Bistline; thence along the latter, South 24 degrees 05 minutes 47 seconds East, a distance of 300.00 feet to an iron pin on the line of land retained by the Grantor herein; thence along the later, North 62 degrees 23 minutes 00 seconds East, a distance of 260.00 feet to an iron pin on the Western side of a 20.00 feet wide private right-of-way; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 300.00 feet to an iron pin at the Southeastern corner of Lot No. 5 on said plan; thence along the latter, South 62 degrees 23 minutes 00 seconds West, a distance of 260.00 feet to an iron pin, the place of beginning. HAVING erected thereon a dwelling known as 3 Woodland Drvie, Newville, PA 17241. PARCEL NO. 43-04-0387-069. BEING the same premises which James A. Salisbury and Barbara J. Salisbury, a married couple, by Deed dated 10/31/2005 and recorded 11/03/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3974, granted and conveyed unto James A. Salisbury, II. • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-543 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4 ASSIGNEE OF FIRST FRANKLIN FINANCIAL CORPORATION, ASSIGNEE OF FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff (s) From JAMES A SALISBURY, II (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 $144,733.92 L.L. $.50 Interest 3/6/07 - 6/13/07 - $2,355.40 Atty's Comm % Due Prothy $1.00 Atty Paid $118.80 Other Costs Plaintiff Paid Date: MARCH 13, 2007 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 1JCPULy Real Estate Sale # I10 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 3 Woodland Drive, as Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 By: N J6 ?G'LtJL Real Estat Sergeant S C C' i "J 'V4 HCL1 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. REAL ESTATE SALE NO. 110 Writ No. 2007-543 Civil Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF4, Mortgage Pass Through Certificates, Series 2006-FF4 Assignee of First Franklin Financial Corporation, Assignee of First Franklin, a Division of National City Bank of Indiana vs. James A. Salisbury, Il Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain tract of land situ- ate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the Southwestern corner of Lot No. 4 on the hereinafter mentioned plan of lots, on the line of land now or formerly of William C. Bistline; thence along the latter, South 24 degrees 05 minutes 47 seconds East, a distance of 300.00 feet to an iron pin on the line of land re- tained by the Grantor herein; thence Marie Coyne,,Editor SWORN TO AND SUBSCRIBED before me this 4 day of Ma, 2007 _ ., w L v y C: n,,,.•,> 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#110 Sworn to and subscrib dd bbeeffQQ,?g ?c?ue this 18th day of May 2007 A.D. 6OIVIMUVVYg .1 H U1 i't NIVS`'11'ANIA Nutariai Seal berry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 6, 2010 Me er Pnn Assoriation of Notaries //- - ""', /1 / .- " e / ARY B AL>t. ?t ? toct"ef tied ti1?Me i iTp+eg c 40"116is, UWAW wd dart.. ° ?aa?rr??dlrM?? ,w p1?d1MM,titl??lt/t ? CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-FF4, Assignee of FIRST FRANKLIN FINANCIAL CORPORATION, Assignee of FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA CIVIL DIVISION No. 07-543 PRAECIPE TO SETTLE AND DISCONTINUE AND VACATE JUDGMENT Filed on behalf of Plaintiff Plaintiff, VS. JAMES A. SALISBURY, II Counsel of record for this party: Louis P. Vitti, Esquire PA I. D. #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 Defendant. (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, et al. Plaintiff, Vs. JAMES A. SALISBURY, II Defendant. TO: THE PROTHONOTARY NO. 07-543 KINDLY settle and discontinue Plaintiff's case in the above-captioned matter. KINDLY vacate the judgment. LOUIS P. VITTI & ASS TES, P.C. BY: , Louis P. Vitti, Esquire Attorney for Plaintiff 00 C? r* -?- Tlrrr