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07-7111
MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 #21817-LAH CFC Attorney for Plaintiff PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, Utah 84165 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff VS. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendants Case No: 07-7)1 CIVI, T?Rn? CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para. usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff VS. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Case No: CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is DLJ Mortgage Capital, Inc., a corporation organized and existing under state law, with offices for the conduct of business at 3815 South West Temple, Salt Lake City, Utah 84165. 2. Defendant, Juliet A. Fuller is the mortgagor and real owner of premises 457 Heisey Road, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronic Registration Systems, Inc. as Nominee for SLM Financial Corporation on July 31, 2006, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1961 page 4401 on August 10, 2006, secured on premises 457 Heisey Road, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from February 01, 2007 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 238,722.66 Interest from 1/2/2007to 11/26/2007 At $44.96 per diem $ 14,836.80 Attorney's fee (5% of unpaid Principal Balance) $ 11,936.13 Title Information Certificate $ 515.00 Suspense $ (150.40) TOTAL $ 265,860.19 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to the Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendant, mortgagor and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $265,860.19 plus per diem interest at $44.96 from November 27, 2007 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the Eastern dedicated right of way line of Heisey Road (T-450), said point being at the Northwest corner of said Lot No. 9 herein; thence along the Southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the Western property line of Lot No. I OA, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the Eastern right of way line of Heisey Road (T-560); thence along said Road North 00 degree 23 minutes 05 seconds West 100.00 feet to a point, the place of Beginning. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final.Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be covenant running with the land as to Lots Nos. 9 and 10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. TAX PARCEL #22-11-0280-083 VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities. Select Portfolio Servicing, Inc. PO BOX 9003 Temecula, CA 92589-9003 Payment Address: Select Portfolio Servicing, Inc. Attn: Remittance Processing P.O. Box 65450 Salt Lake City, UT 84165-0450 Correspondence Address: Select Portfolio Servicing, Inc. Customer Service P.O. Box 551170 Jacksonville, FL 32255-1170 111111111111111111111 7113 e:s, 1472 4e=7 360 JULIETA FULLER 457 HEISEY RD MECHANICSBURG, PA 17055 20070905-55 LRO64 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO r-:v ? S.I. 08/31/2007 JULIETA FULLER CERTIFIED MAIL 457 HEISEY RD 7113 4257 1472 4627 4360 MECHANICSBURG, PA 17055-9773 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vow _home Is In default, and the lender intends to foreclose. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina Aaencv. The name. address and phone number of Consumer Credit Counselina Agencies servina your County are listed at the end of this Notice. If you have any questions. you may call the_P_ennsvlvania Housina Finance Aaencv toll-free at (800) 342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney In your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowners Name: Property Address: Loan Acct. No.: Original Lender: Current Lender / Servicer: JULIETA FULLER, 457 HEISEY RD MECHANICSBURG, PA 17055 0010915643 Select Portfolio Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ¦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ¦ IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ¦ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE LR064 PAGE 1 of 4 YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to4ace meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note: H you are currently protected by the filing of a petition in bankruptcy, the following part of this notice is for information purposes only and should not be considered as an attempt to collect the debt (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT: The mortgage debt held by the above lender on your property located at: 457 HEISEY RD MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payment of $1,464.80 per month due from 02/01/2007 through 09/01/2007 payment (a total of 8 months): (Mortgage payment includes Escrow Payment of $0.00 per month): $11,718.40 Accrued Late Charges: $0.00 Non-SufficientFunds (NSF) / Return Check Fees $0.00 Escrow Advances for Hazard Insurance, Real Estate Taxes and/or Municipal Liens: $0.00 Other Advances (Property Preservation) $0.00 Funds On Account: ** Total Amount Due: 150.40 $11,568.00 Funds on Account typically represent a partial payment of principal and interest received that cannot be applied to the loan. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use If not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,568.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Select Portfolio Servicing, Inc. LR064 PAGE 2 of 4 PO BOX 65450 Salt Lake City, UT 84165-0450 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. j:Lli o • a- an];444 NAME OF LENDER: Select Portfolio Servicing, Inc. ADDRESS: P.O. Box 65250 Salt Lake City, UT 84165-0250 PHONE NUMBER: (800) 635-9698 FAX NUMBER: (801) 293-2600 CONTACT PERSON: Desiree Phillip EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note, it may be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein. YOU MAY ALSO HAVE THE RIGHT TO: ¦ SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ¦ HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ¦ HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ¦ ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ¦ ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LR064 PAGE 3 of 4 If you wish to dispute your delinquency, you may do so by providing a written dispute to SIPS at the following address: Select Portfolio Servicing, Inc. Attention: Consumer Advocacy Department P.O. Box 551170 Jacksonville, FL. 32255 You also have the right to bring a court action if you claim that the loan is not in default or if you believe that you have any other defense to the acceleration and sale, including the failure to send proper notices of the acceleration and foreclosure sale. We are also required by law to inform you that if you notify us that you do not wish us to contact you by telephone at your place of employment, then no such contact by telephone will be made. If you are represented by an attorney, SIPS will work with your attorney. We will also work with housing counselors, consumer debt counselors and other representatives with your written authorization. If you are represented by an attorney, this letter is being mailed to you to forward to your attorney. We will release information to your attorney without further authorization. If you wish to have information regarding you account provided to individuals or groups other than your attorney, your signed written authorization (including your social security number) is required. If foreclosure is initiated, additional amounts for attorney fees and costs may be incurred. These sums can be significant and will be added to amounts due. This may reduce your equity, if any, in the property. SPS provides consumer assistance programs designed to help resolve delinquencies and avoid foreclosures. These services are provided without cost to our customers. You may also be eligible for a loan workout plan or other similar solution. If you would like to learn more about these programs, you may contact a SPS representative at (888) 818-6032 during the following hours: Monday through Thursday, 9 a.m. to 10 p.m. Friday, 9 a.m. to 7 p.m. Saturday, 9 a.m. to 1 p.m. Eastern Time Sincerely, Select Portfolio Servicing, Inc. This is an attempt to collect a debt. Any information obtained will be used for that purpose. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Acorn Housing Adams County Interfaith CCCS of Western PA 14 S. 131h Street Housing Authority 2000 Unglestown Road Harrisburg, PA 17104 40 E High Street Harrisburg, PA 17102 717.213.0150 Gettysburg, PA 17325 888.511.2227 717.334.1518 Community Action Loveship, Inc. Maranatha Commission of Captlal 2320 North 51h Street 43 Philadelphia Avenue Region Harrisburg, PA 17110 Waynesboro, PA 17268 1514 Derry Street 717.232.2207 717.762.3285 Harrisburg, PA 17104 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 LRO64 PAGE 4 of 4 C'"7 rn? r? 1° SHERIFF'S RETURN - REGULAR CASE NO: 2007-07111 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLJ MORTGAGE CAPITAL INC VS FULLER JULIET A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FULLER JULIET A the DEFENDANT , at 1539:00 HOURS, on the 4th day of December-, 2007 at 457 HEISEY ROAD MECHANICSBURG, PA 17055 by handing to CHARLES LAMOUREUX, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 7.68 .00 10.00 day So Answers: .: A R. Thomas Kline 12/05/2007 MARTHA VON ROSENS By: A. D. #21817CFJ-AB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff V. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 : NO. 07-7111 Defendant PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Juliet A. Fuller for want of an answer. (X) Assess Damages as Follows Debt Interest from 11/27/07 to 3/3/08 At $44.96 per diem Total $ 265,860.19 $ 4,406.08 $ 270,266.27 'I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to the to of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Attorney for Plaintiff Martha E. Von Rosenstiel Attorney I.D. #52634 Print/Type Name and ID Number Phone: (610) 328-2887 This-W-?day of MaA? , 2008 judgment is entered in favor of the Plaintiff and against Defendant(s), Juliet A. Fuller by default for want of an answer and damages assessed at the sum of $270,266.27 as per the above certification. A;?c7z Protho ary, Cu an Co ty #21817CTD - DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 DU MORTGAGE CAPITAL, INC 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff vs. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendant TO: Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-7111 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Martha E. osenstiel Attorney for Plaintiff Dated: February 21, 2008 #21817CFJ-AB Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff vs. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 07-7111 NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor and/or real owner. . 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant is not in the military. 6. On information and belief, named mortgagor and real owner is not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to un lsification to authorities. Martha t-Vmitus ie Attorney for Plaintiff March 3, 2008 z F N (> in .. -ra OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 Curt Long, Prothonotary DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, Utah 84165 PLAINTIFF VS. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7111 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $270,266.27 on March 3, 20 Curt Long Prothonotary F Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession 7 Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. 21817C WE-DK Commonwealth of Pennsylvania COUNTY OF CUMBERLAND DLJ MORTGAGE CAPITAL, INC. COURT OF COMMON PLEAS V. DOCKET NO. 07-7111 JULIET A. FULLER ATTORNEY I.I. #52634 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $ INTEREST from 3/4/2008 to 9/3/08 At $44.43 per diem $ TOTAL* $ *Plus costs to be endorsed ?t 0,2 .27 8 75.12 Martha E. Von Rosenstiel Attorney for Plaintiff 649 South Avenue, Unit Secane, PA 19018 (610) 328-2887 PREM: 457 Heisey Road, Mechanicsburg, PA 17055 (sl ? a? a O OU ?z U W w? O? U r 0 z H W d H O a Q nor '? O O w a w H a C O 400 O V W ?. O 5 •? O ?w a .Pow O? ?. D m p ? N c 00 N 6e (A 6e o C) v ? ? o Q H ¢" 4 00 * O ? o Oa ?d o `°'9 H 00 o oa' 00 od.?(N 06 td O O y M ? ooo? t a 1 _ =tea { Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 Sough Avenue, Unit 6 Secahe, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. JULIET A. FULLER NO: 07-7111 Defendants LEGAL DESCRIPTION #21817-DK ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland ounty, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the Eastern dedicated right of way line of Heisey Road (T-4 0), said point being at the Northwest corner of said Lot No. 9 herein; thence along the Southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on th hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; ence along the Western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the Eastern right of way line of Heisey Road (T-560); thence along sail Road North 00 degree 23 minutes 05 seconds West 100.00 feet to a point, the place of Beginning. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wad dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorde of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as des ribed herein, shall have the responsibility of maintaining the storm water management facilities denominated as he rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein ab ve. This obligation is to be considered a restrictive covenant and shall be deemed to be covenant running with the land as to Lots Nos. 9 and 10 and shall be binding upon the owners thereof, whether legal or equitable and s all be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered separate parcel. TAX PARCEL #22-11-0280-083 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Juliet A. Fuller by Deed from Michael D. McCorkel and Jennifer J. McCorkel, his wife, dated 7/31/2006 and recorded 8/10/2006 in Deed Book 276, Page 595. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC. Plaintiff #21817CAM - DK Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JULIET A. FULLER Defendant(s) NO: 07-7111 AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in forth as of the date the Praecipe for the Writ of Execution was filed the following infc real property located at 457 Heisey Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 3. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration Systems, Inc. as nominee for SLM Financial Corporation P. O. Box 2026 Flint, MI 48501-2026 4. Name and address of every other person of whom plaintiff has knowledge property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 above action, sets ation concerning the has any interest in the Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Attn: Sheriff Sale Dept 281230. Harrisburg, PA 17129 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Occupant 457 Heisey Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to thebest Of my personal knowledge or information and belief. I understand that false statements herein a made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsvygrn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: March 13, 2008 Sv T ? 77 a- P ID t cw 0 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 Phone: 610-328-2887 Attorney I.D. #52634 DLJ MORTGAGE CAPITAL, INC. Plaintiff VS. JULIET A. FULLER Defendant(s) #21817-CWE-DK Attorney for Plaintiff COURT OF COMMON CUMBERLAND COU' ` No: 07-7111 CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this again real property and further certify that this property is: FHA - Tenant Occupied or Vacant 0 Commercial 0 As a result of a Complaint in Assumpsit XX That the plaintiff has complied in all respects with Section 403 of th Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortga ee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false t a temegiven herein. Martha E. Von Rosenstiel Attorney for Plaintiff ? p ? Z 7° o 0 1s w Q 0 0 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC Plaintiff VS. JULIET A. FULLER Attorney for Plaintiff COURT OF COMMON PLI CUMBERLAND COUNTY : No: 07-7111 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPE TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 457 Hei s ey Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: September 3, 2008 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House. 21817CAM-DK This sale is being held on a Judgment in Mortgage Foreclosure filed under ocket No. 07-7111 in the Court of Common Pleas of Cumberland County by DLJ Mortgage C pital, Inc., Plaintiff against Juliet A. Fuller, Defendant(s). Judgment was entered on March 03, 2008 in the amount of $2705266.27. The property was seized and taken in execution as the property of Juliet A. Fuller. The property to be sold at Sheriffs Sale is described as follows: ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cjumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the Eastern dedicated right of way line of Heise Road (T-450), said point being at the Northwest corner of said Lot No. 9 herein; thence along t e Southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 8 2 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the Western pr perty line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a reb r; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 mi utes 55 seconds Wort 2YO.00 feet to a point on the Eastern right of way line of Heisey Road (T-560); thence along said Road North 00 degree 23 minutes 05 seconds West 100.00 feet to a point, the place of Beginning. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for J mes V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water manag ment facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivi ion Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be covenant running with the land as to Lots Nos. 9 and 10 and shall be binding upon the owners thereof, whether legal or equitable and shall be bi ding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Totes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. TAX PARCEL #22-11-0280-083 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumb rland County Civil Action No. 07-7111. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of he filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P-C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-7111 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DLJ MORTGAGE CAPITAL, INC., Plaintiff (s) From JULIET A. FULLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the 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 f 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 b en added as a garnishee and is enjoined as above stated. Amount Due $270,266.27 L.L.$ 0.50 Interest from 3/04/08 to 9/03/08 at $44.43 per diem -- $8,175.12 Atty's Comm % Due Prothy $2.00 Atty Paid $154.68 Plaintiff Paid Date: 3/14/08 (Seal) REQUESTING PARTY: Other Costs to be endorsed Prothonota By: Deputy Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 6 SECANE, PA. 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 I 21817CAM-DK Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC. Plaintiff VS. JULIET A. FULLER Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-7111 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 457 Heisey Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: September 3, 2008 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 07-7111 in the Court of Common Pleas of Cumberland County by DLJ Mortgage Capital, Inc., Plaintiff against Juliet A. Fuller, Defendant(s). Judgment was entered on March 03, 2008 in the amount of $270,266.27. The property was seized and taken in execution as the property of Juliet A. Fuller. The property to be sold at Sheriff s Sale is described as follows: ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the Eastern dedicated right of way line of Heisey Road (T-450), said point being at the Northwest corner of said Lot No. 9 herein; thence along the Southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the Western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds C-D -v r'7T Sri i Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC Plaintiff #21817CAM - DK Attorney for Plaintiff CY COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JULIET A. FULLER Defendant(s) NO: 07-7111 AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on March 28, 2008 , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: March 13, 2008 i For Accountable Mall r -? NN O (O CO v t) ? A W N _. N =Ga02 a- a? a9 3 ZSq CO V 3 y cn + D3 ; 4 ro ?z-i C o ' ?ivtn? ?-o m4o m. o' o v m moDow v m =-c m p ?-n a) d xw -p m?° D vc -inD ? v? nxO O n o n m o c C?-?7 ro c z (o D ? 3w 19 ?. ma W Tfd 0 N C =1 W- 3.2Ro im N 2 ?o3 .? y =9)CD ;w•m . o C ?WOO>Z ?? 3 0 °• ?c 3 f!1 C: Q 2) 2 o ? c W ? ?o ?m X A) m o_ n w o Q 1 o c x I.C fn C7 aos? c m o ?D ?. ( ' c n 0 U 0-0 ? m p O 3 OX m y (D ?.0 y ?JK m m n= m CD - =?o. : 3 m D D?Dm D ?N7 w m ° CD N ° N7. - w=t CI) O c 04 .? - 3 O N? O .y? +n o NP.° ID CD ro O O D C a ?C Du a O Gw y e?. ?g ?< N? ro C" 0) . - c o ro D?0 D°Nc O Q' v ?m c a ? m Dc = v3 a= s - ?cli n - "a g Oa ?5 O Z o y n - O O ro -U CL O -+ C v - m O ? n O x - N p C-) D? .••.. 4 o m O C tG• 4V0 O •t1 C (p ?_? OD p~? D in ? ?? w? ?? NO ° ?$, wm wv,? p - N N -4 a' m 0 0D y 0 N p?j a y m cCO o CD c ;U ° O -? x » ? z O ?' N O CD T N C 7 Cp n y ro G1 D 8 m m CO) 3 o y ro r g ??? ? A p v o CD i m 0 P m Q, m m ?p vi =h a m a No° ?? a ? ' a? ibd US (D y(p? ?? (n ? ? C s? p;U ( a c X N °- ? = , © m (D m c ` m 3 ? 'a N 3 _ -? (D fA (D 7 ? ? -M O ? v y N C ? .?.?? O y ... C c D p V i C p yj = m c c v 8 - 0 O j ° 2 c C" 0 - - o, a$ m `D X CL ;a ` DM ?n 0y _ CL 7 m -n N me 3 m M tn 5 m ° m a m CD 0 - N) = C) CO -n UtVt]? _0 O 0 6: Ti N 2 tF< - .U ?A O 6Y Q. c Q N ?. m X m c e 4 ? S d M D i tyir m c? ( G m CD :_ .. DLJ Mortgage Capital Inc. VS Juliet A. Fuller In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7111 Civil Term Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2008 at 1805 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Juliet A. Fuller, by making known unto Charles Lamourex, adult in charge for Juliet A. Fuller, at 457 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2008 at 1340 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 Juliet A. Fuller located at 457 Heisey Road, Mechanicsburg, 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: Juliet A. Fuller by regular mail to her last known address of 457 Heisey Road, Mechanicsburg, PA 17055. This letter was mailed under the date of July 2, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Martha Von Rosenstiel. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills So Answers: R. Thomas Kline, Sheriff BY_q?, J Real Estat Sergeant 30.00 22.30 15.00 15.00 .50 2.00 16.00 15.00 20.00 40.00 485.00 458.72 17.64 $1,137.16 P Crc ?'?1G? 1 Martha E. `son Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC Plaintiff VS. JULIET A. FULLER Defendant(s) #21817CAM - DK Attorney for Plaintiff ? 4 . W COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-7111 AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 457 Heisey Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 3. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration Systems, Inc. as nominee for SLM Financial Corporation P. O. Box 2026 Flint, MI 48501-2026 4. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Attn: Sheriff Sale Dept 281230 Harrisburg, PA 17129 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Occupant 457 Heisey Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to th 'best of my personal knowledge or information and belief. I understand that false statements herein a made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsNygrn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: March 13, 2008 Martha E. Von Rosenstiel, P.C. Martha E.,Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 DLJ MORTGAGE CAPITAL, INC. Plaintiff VS. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY JULIET A. FULLER No: 07-7111 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 457 Heisey Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: September 3, 2008 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House. 21817CAM-DK This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 07-7111 in the Court of Common Pleas of Cumberland County by DLJ Mortgage Capital, Inc., Plaintiff against Juliet A. Fuller, Defendant(s). Judgment was entered on March 03, 2008 in the amount of $270,266.27. The property was seized and taken in execution as the property of Juliet A. Fuller. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the Eastern dedicated right of way line of Heisey Road (T-450), said point being at the Northwest corner of said Lot No. 9 herein; thence along the Southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the Western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds WRIT OF EXECUTION and/or ATTACHMENT CO"IVIONWEALTH OF PENNSYLVANIA) NO 07-7111 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DLJ MORTGAGE CAPITAL, INC., Plaintiff (s) From JULIET A. FULLER (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 $270,266.27 L.L.$ 0.50 Interest from 3/04/08 to 9/03/08 at $44.43 per diem -- $8,175.12 Atty's Comm % Due Prothy $2.00 Atty Paid $154.68 Other Costs to be endorsed Plaintiff Paid Date: 3/14/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 6 SECANE, PA. 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale #20 On May 2, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 457 Heisey Road, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 2, 2008 By: Real Esta1 Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 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. RN TO AND SUBSCRIBED before me this V07 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Waaa, 88TAT3 WX NO' 20 Writ No. 07-7111 Civil DLJ Mortgage Capital, Inc. VS. Juliet A. Fuller Atty.: Martha E. Von Rosenstiel LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: point on the BEGINNING at a It of wa line Eastern dedicated right said point of Heisey Road ( ) being at the Northwest corner of said Lot No. 9 herein; thence along the Southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the Western, property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 min- utes 55 seconds West 200.00 feet to a point on the Eastern right thof way ence line of Heisey Road (T-560); along said Road North 00 degree 23 minutes 05 seconds West 100.00 feet to a point, the place of Beginning. CONTAINING 22,612 square feet or 0.519 acres. _- BEING all of Lot No. Y and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the re- striction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintain- ing the storm water management facilities denominated as the rain garden on Lot, Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be covenant running with the land as to Lots Nos. 9 and 10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdi- vision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. TAX PARCEL #22-11-0280-083. IMPROVEMENTS: Residential dwelling. TITLE TO SAID PREMISES IS VESTED IN Juliet A. Fuller by Deed from Michael D. McCorkel and Jen- nifer J. McCorkel, his wife, dated 7/31/2006 and recorded 8/10/2006 in Deed Book 276, Page 595. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Pahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 ?,.?. ...................... Sworn to and/sub ri d before m?thi 0 y 9( August, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal SFrsnie L finer, Notary Pubk City Of Meniftr9, Dato* County My commission F.viroe Nov 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 20 Writ No. 07-7111 Civil Term DL.JMor"Me Capital, Inc. VS Juliet A. Fuller Attorney Martha Von Rosenstlel LEGAL DESCRIPTION MITHAT CERTAIN lot or parcel of land situate in MonroeTownship, Cumberland County Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the Eastern dedicated right of way he of Heisey Road (T 450), said point being at die Northwest comer of said Lot No. 9 herein; thence along the Southern property lines of property now or formerly of James V. Wade and Denise E Wade, and Sandra L. Sellick, as shown on the bereinaftcr mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point thence along the Westem property he of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the Eastern right of way line of Heisey Road (T - 560); thence along said Road North 00 degree 23 minutes 05 seconds West 100.00 feet to a point, the place of Beginning. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER ANDSUBJECf to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to besem abuses: TW obligation is to be capsideted a resvictive covert std AW be deaoed to be covenant runniq with the bad as to Lis Nos. 9 aril 10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER ANDSUBJECf to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. TAX PARCEL #22-11-02801183 T'APROVEMFNfS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Juliet A. Fuller by Decd from Michael D. McCorW and Jennifer J. McCorkel, his wife, dated 7131006and recorded 8/1012W6in Deed Book 276, Page 595. 21817- CPG -RD Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 COURT OF COMMON PLEAS DLJ MORTGAGE CAPITAL, INC. CUMBERLAND COUNTY Plaintiff vs. No: 07-7111 JULIET A. FULLER Defendants PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly withdraw the judgment in the above-referenced action and mark this action discontinued and ended without prejudice. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: June 01, 2009 FILE, s? F qI t? 4 1 n 98. oa ?CL A?t.? ?' ?2L rY1