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HomeMy WebLinkAbout08-5020?3 / MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Sharon E. Via 13 Campbell Place Camp Hill, PA 17011, Defendant. Attorney for Plaintiff File: 55.09136 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: DF_ 5G)6 CI UI 1 7.l ?m CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Sharon E. Via 13 Campbell Place Camp Hill, PA 17011, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4837 Watt Avenue, Suite 100, No. Highlands, CA 95660. 2. Defendant, Sharon E. Via, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Sharon E. Via, Defendant, resides at 13 Campbell Place, Camp Hill, PA 17011. 4. On December 11, 2006, in consideration of a loan in the principal amount of $130,500.00, the Defendant executed and delivered to EquiFirst Corporation a note (the "Note") with interest thereon at 8.350 percent per annum, payable as to the principal and interest in equal monthly installments of $922.46 commencing February 1, 2007. 5. To secure the obligations under the Note, the Defendant executed and delivered to Mortgage Electronic Registration Systems, Incorporated as nominee for EquiFirst Corporation a mortgage (the "Mortgage") dated December 11, 2006, recorded on January 16, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Book 1979, Page 2544. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 13 Campbell Place #13, Wormleysburg, PA 17043. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due June 1, 2008, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ................................$130,250.74 Accrued but Unpaid Interest from 5/1/08 to 8/20/08 @ 8.350% per annum ($29.80 per diem) .............................. ..........$3,337.60 Accrued Late Charges ....................... .............$151.70 Corporate Advance ............................ .............$122.00 Title Search Fees ............................... .............$350.00 Reasonable Attorney's Fees .............. ..........$1,250.00 TOTAL as of 08/20/2008 .................. ......$135,462.04 Plus, the following amounts accrued after August 20, 2008: Interest at the Rate of 8.350 per cent per annum ($29.80 per diem); Late Charges of $46.12 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.' 1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 13 Campbell Place #13, Wormleysburg, PA 17043 as well as to address of residences as listed in paragraph 3 of this document on June 4, 2008, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $135,462.04, plus the following amounts accruing after August 20, 2008, to the date of judgment: (a) interest of $29.80 per day, (b) late charges of $46.12 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Name: Mary L. Harbert-Bell, Esquire Title: Attorney U sOr? C Legal Description ALL THAT CERTAIN Unit designated as Number 13, being a Unit in Long Meadows j??? Townhouses, a Condominium, located in the Borough of Wormleysburg, Cumberland County, Pennsylvania, under the Declaration of Condominium as recorded in the Office Q, of the Recorder of Dee& in and for the County of Cumberland, in Miscellaneous Book V 229, Page 142, and designated in the Declaration Plans as recorded in the said office in Plan Book 30, Page 85. TOGETHER with all right, title and interest, being a 5.555% interest, of, in and to the Common Elements as more filly set forth in the aforesaid Declaration of Condominium and Declaration Plans. BEING Parcel No. 47-19-1590-0(A.U-13 f, l? A k < ._ t V.. S ? T t i 4. ? 10, It ? r. L Din SHERIFF'S RETURN - REGULAR CASE NO: 2008-05020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTCSCHE BANK NATIONAL TRUST VS VIA SHARON E STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE VIA SHARON E the DEFENDANT , at 1950:00 HOURS, on the 8th day of September, 2008 at 13 CAMPBELL PLACE CAMP HILL, PA 17011 by handing to SHARON VIA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 D/ 0 0 V44.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/09/2008 MILSTEAD & ASSOCIATES By: Deputy Sher was served upon of A. D. ( . 4- _y MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee under Pooling and Servicing CUMBERLAND COUNTY Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 No.: 08-5020 Civil Term 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Sharon E. Via 13 Campbell Place Camp Hill, PA 17011, Defendant. PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Sharon E. Via, Defendant, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $135,462.04 Interest 8/20/08 through 10/17/08 1,758.20 Late Charges 92.24 Additional Corporate Advance 661.00 Additional Escrow Advance 128.46 TOTAL $138,101.94 I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above and (2) that notice has been given in accordance w' Rule 237.1. copy attached. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: A- 4? &. PR ONOTAR 1002907271 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee under Pooling and Servicing CUMBERLAND COUNTY Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series ; No.: 08-5020 Civil Term 2007-1, Plaintiff, Vs. Sharon E. Via, Defendant. VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Sharon E. Via, is over 18 years of age and resides at 13 Campbell Place, Camp Hill, PA 17011. Mary L. Harbert-Bell, Esquire {00290727} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, Vs. Sharon E. Via, Defendant. Our file number: 55.09136 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5020 Civil Term TO: Sharon E. Via 13 Campbell Place, Camp Hill, PA 17011 DATE OF NOTICE: October 7, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to 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 paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. 100020971} Page I of 2 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC A By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {000209711 Page 2 of 2 ? t3 C ? -n r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Sharon E. Via Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5020 Civil Term Plaintiff, Vs. Sharon E. Via, Defendant. NOTICE PURSUANT TO RULE 236 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. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: MARY L. HARBERT-BELL, ESQ. #80763 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. {00290727} W ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, CIVIL ACTION NO.: 08-5020 Civil Term PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Vs. Sharon E. Via Defendant. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Sharon E. Via Real Property involved: 13 Campbell Place #13 Wormleysburg; PA 17043 Amount Due Interest from 10/18/08 to 3/4/09 at $22.70 per diem (6%) $138,101.94 TOTAL (Costs to be added) DATE: November 24, 2008 Respectively submitted, Milstead & Associates, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 {00302143} T ? o ? w F Z1 W 1 a ?, s. ao Q O t!1 O ' O O 0v 3 ? d I TOGME R with all n, ; tide and intme being a 5.55$% use mst, tit in and to it t tlmr m Ele awnts as m fully fmthiii the afore Decl=t3ion ofCondowWm and Dedm on Piano. F Being known as 13 Campbell Place #13, Wormleysburg, PA 17043 Tax Parcel Number: 47-19-1590-064.-U-13 {00302143} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust i2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, Vs. Sharon E. Via, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5020 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 13 Campbell Place #13, Wormleysburg, PA 17043: 1. Name and address of Owners(s) or Reputed Owner(s): Sharon E. Via 13 Campbell Place Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00302143} 4. Name and Address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company as Citifinancial, Inc. Trustee under Pooling and Servicing ! 3401 Hartzdale Drive, Ste. 126 Agreement dated as of June 1, 2007 quifirst Camp Hill, PA 17011 Loan Securitization Trust 2007-1 M gage Pass-Through Certificates, Series 2007-1 (Plaintiff herein) 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every pe son of whom the plaintiff has knowledge who has any interest in the property which ma be affected by the sale: Tenant/Occupant 13 Campbell Place # 13 Wormleysburg, PA 17043 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the 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. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: November 24, 2008 {00302143) C'> '°'' ?-? ;? C:, ? -ri _' ?-s r- `?? f -: ? ~i ? r ?? M' 4 s .? MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, Vs. Sharon E. Via, Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5020 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 13 Campbell Place 413, Wormleysburg, PA 17043, is scheduled to be sold at sheriff's sale on March 4, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $138,101.94 obtained by Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). {00302143} YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 55.09136 {00302143} •- I I TOGO MM with Al jis dd inta? ban a 3.555% imp 4 * t@ t Commm Flux wts as fWly 3d forth in the aforeWd Dm fi of CO dO M aW I aradon Plans. '. Being known as 13 Campbell Place #13, Wormleysburg, PA 17043 Tax Parcel Number: 47-19-1590-064.-U-13 {003021431 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5020 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee under POOLING AND SERVICING AGREEMENT DATED AS OF 6/01/07 EQUIFIRST LOAN SECURITIZATION TRUST 2007-1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1, Plaintiff (s) From SHARON E. VIA (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 $138,101.94 L.L. $.50 Interest from 10/18/08 to 3/04/09 at $22.70 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $163.00 Plaintiff Paid Date: 11/25/08 Other Costs to be added Curtis R. Long, rothonotary (Seal) REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF By: Deputy Telephone: 856-482-1400 Supreme Court ID No. 80763 1 44% MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5020 Civil Term Plaintiff, Vs. Sharon E. Via, Defendant. AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On January 17, 2009, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Sharon E. Via, by the Sheriff's Office of Cumberland County. Copies of the Sheriff's returns are attached hereto and made a part hereof as Exhibit "A". 2. On January 20, 2009, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". Dated: March 3, 2009 aijo, Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 Milstead and Associates, LLC {00327983} C E m 0 LL O m 0 = =1 m-0 i` O N 'O O ma -a O = 41 U ryj LL CD C C CL= LL E vi 0 N rrm 0 Q LO LL L m a) Ni U C U ? 7 O ca CA 7 - Cy C? - vt R a.. N 0-5 r?.w +37 33 Q> 00 a1 .RC U R 'O m ? 7 0 'C ?UU 000 we U L a a; a mu a4 ° oa m SRC E t6 CL Cq o? cli moo"°o 0 Co C.) a ca 13 C0.2 9F Z o ? J_ _ O L c CM .1 0 L R to O La U R° a m m C -0 E?f"`? R ? R- SO w w 7 C w m fA C ° C c c o adbw R O c 'D U 2 U r- - t U R° O) m ?' Emu a alp OO c aE -cog a0 ? R N` p (a !9 ? m Qw O ? W U a O . Ln m m m-R 41? O/- O U E E 16 e! -00 LO OCL W cr .00 EW Q N mEiaR 02.22 E m R ?m--t?6my O. 14 U >E-ao`• m ° mN« 3-U BF-...w'cEa :j:=j Rog R R j 0. -0 ?a O -O?°caELtOa o do =F-0 R m o 0 O 0 cm0CO ca 0 In F-12 a.AE 600uvOd? 0214 IVPVV 9988£ZD00 70 w 1 E _ & .? Od 5a1 c ' ? U .. ....... . - _ -.Cf) m I I Z o ti N 0 ' •- o 0 0 tn ? P., cia o 0 -4 0 as Av ?° 4-4v,a ?a 0 G .4 k x 1. p U z 0 c r a Cn i r IN IM IV o .o ? o R d' 7 J Z ro C °0 a v? °D a O O? 0 O v ° .a c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State Rio hereby certify that the Sheriff s Deed in which EQUIFIRST LOAN SECURITIZATION TRUST 2Q07-1 TR is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 20 9, under and by virtue of a writ Execution issued on the 25TH day of NOV. A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5020, at the suit of SECURITIZATION TRUST 2007-1 TR against SHARON E VIA is duly recorded as Instrument Number 200910112. A.D. ffi , QV'XftrWW Count'. Carly, PA W e*06 #0 Ft Mmftya Ja aW IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Deutsche Bank National Trust Company As Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 VS Sharon E. Via In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5020 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2009 at 1047 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, t by making known unto Doris Mahek, Mother of Sharon E. Via, at 1141 Colt Lemoyne, Cumberland County, Pennsylvania its contents and at the same tir personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to January 15, 2009 at 1859 hours, he posted a true copy of the within Real Est, and Description, in the above entitled action, upon the property of Sharon E. Campbell Place, Wormleysburg, Cumberland County, Pennsylvania accordii R. Thomas Kline, Sheriff, who being duly sworn according to law, st above Real Estate Writ, Notice, Poster and Description in the following man mailed a notice of the pendency of the action to the within named defendant, by regular mail to her last known address of 1141 Columbus Ave., Apt. 4, L, This letter was mailed under the date of January 20, 2009 and never returned R. Thomas Kline, Sheriff, who being duly sworn according to law, st legal notice had been given according to law, he exposed the within describe venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvaj 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mary of Deutsche Bank National Trust Company As Trustee under Pooling and SE Dated as of June 1, 2007, Equifirst Loan Securitization Trust 2007-1 Mortga Certificates, Series 2007-1. It being the highest bid and best price received f Deutsche Bank National Trust Company As Trustee under Pooling and Serv as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1, Mortgage Pas Series 2007-1, of, 4837 Watt Avenue, Suite 100, No. Highlands, CA 95660, execution, paid to Sheriff R. Thomas Kline the sum of $ 978.19 Sheriffs Costs: Docketing $30.00 Poundage 19.18 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 56.70 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 301.79 wit: Sharon E. Via, ibus Ave., Apt. 4, handing to her law, states that on Lte Writ, Notice, Poster Via located at 13 ig to law. rtes he served the zer: The Sheriff to wit: Sharon E. Via, :moyne, PA 17043. to the Sheriffs Office. rtes that after due and d premises at public iia on March 4, 2009 at Harbert Bell, on behalf rvicing Agreement ;e Pass-Through )r the same, of cing Agreement dated Through Certificates, being the buyer in this i Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $ 978.19 r g1vi loq C? So Answers: -0 p ME-' -000OA4 ? R. Thomas Kline, Sheriff BY Real Estate Coordinator a,Lk ILII? 14? O 016, a, ? G&G ?o ?, ,??33G9 Flt. -OMF CE OF TFrE PROTHONOTARY 2009 APR -3 PM 3: 28 PENNSYLVANIA P MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, Vs. Sharon E. Via, Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMONS PLEAS CUMBERLAND COUNTY No.: 08-5020 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 EquiSrst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 13 Campbell Place #13, Wormleysb irg, PA 17043: 1. Name and address of Owners(s) or Reputed Owner(s): Sharon E. Via 13 Campbell Place Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: I Same as above 3. Name and address of every judgment creditor whose judgment is a ecord lien on the real property to be sold: None Known {00302143) P 4. Name and Address of the last recorded holder of every mortgage of ?ecord: Deutsche Bank National Trust Company as Citifinancial, Inc. Trustee under Pooling and Servicing 3401 Hartzdale Drive, Stet 126 Agreement dated as of June 1, 2007 Equifirst Camp Hill, PA 17011 Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (Plaintiff herein) 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 13 Campbell Place # 13 Wormleysburg, PA 17043 Department of Domestic Cumberland County Cot 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correc? 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 unworn falsification to authorities. Mary L. Harbe -Bell, Esquire Attorney for Plaintiff Date: November 24, 2008 {00302143} P MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, Vs. Sharon E. Via, Defendant. TAKE NOTICE: COURT OF COMMON CUMBERLAND COUP No.: 08-5020 Civil T NOTICE OF SHERRIF' SALE OF REAL PROPERTY PU UANT TO PA.R.C.P.3129 Your house (real estate) at 13 Campbell Place #13, Wormleysburg, A 17043, is scheduled to be sold at sheriff's sale on March 4, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $138,101.94 obtained by Deutsche Bank National Trust Comp ,,my as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan S curitization Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S $ALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates L C, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the c urt to strike or open the Judgment, if the Judgment was improperly entered. You may also ask a Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal procee ings. You may need an attorney to assert your rights. The sooner you contact one, the more ch ice you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). {00302143} YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-48211400. 2. You may be able to petition the Court to set aside the Sale if the lid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the amount due on the Sale. To find out if this has happened you may call Milstead and Associatat 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you v ill remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer proceedings to evict you. 6. You may be entitled to a share of the money which was paid for Schedule of distribution of the money bid for your house will be filed by tl specified by the Sheriff not later than thirty days after the sale. This schedi be receiving that money. The money will be paid out in accordance with tl exceptions (reasons why the proposed distribution is wrong) are filed with (10) days after. 7. You may also have other rights and defenses, or ways of getting you act immediately after the Sale. is paid to the bring legal cur house. A Sheriff on a date will state who will schedule unless e Sheriff within ten house back, if YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD'. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 55.09136 {00302143) wi ill AsK tide wd cep,, t W s 5.55$% *It=#, Of. iU to tt common Rl t a MY set f W& the As o Deckmdan Of Cflt irn u :1wn Ply, Being known as 13 Campbell Place #13, Wormleysburg, PA 17043 Tag Parcel Number: 47-19-1590-064.-U-13 {00302143} 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5020 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRi Trustee under POOLING AND SERVICING AGREEMENT DATED AS OF 6/0: LOAN SECURITIZATION TRUST 2007-1 MORTGAGE PASS-THROUGH CE SERIES 2007-1, Plaintiff (s) From SHARON E. VIA (1) You are directed to levy upon the property of the defendant (s)and to sell Sl DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee( paying any debt to or for the account of the defendant (s) and from delivering any prop( (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found it of anyone other than a named garnishee, you are directed to notify him/her that he/she I garnishee and is enjoined as above stated. T COMPANY as EQUIFIRST FICATES, LEGAL possession is enjoined from of the defendant the possession is been added as a Amount Due $138,101.94 L.L. $.50 Interest from 10/18/08 to 3/04/09 at $22.70 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $163.00 Plaintiff Paid Date: 11/25/08 (Seal) Other Costs to be added Curtis R. L®roonotary7 By: Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 80763 J Real Estate Sale #70 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 13 Campbell Place, Wormleysburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 15, 2008 By: ta, Real Estate Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patriot-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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since. That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or 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: REAL ESTATE SALE NO. 70 01 /21 /09 Writ No. 2008-5020 Civil Term Deutsche Bank National Trust 01/28/09 Company as Trustee under Pooling and Servicing 02/04/09 Agreement dated as of June 1, 2007 Equifirst Loan Securitization Trust 2007-1 - -"` Mortgage Pass-Through ? .............. Series 2007-1 VS Sharon E. Via Sworn to and su(scr' ed before me this 25 day of"February, 2009 A.D. Attorney Mary Harbert-Bell 1 LEGAL DESCRIPTION ? L ALL THAT CERTAIN Unit designated as Notary P u b l i c r Number 13, being a Unit in Long Meadows Townhouses, a Condominium, located in the Borough of Womdeysburg, Cumberland County. Pennsylvania, under the Declaration of Condominium as recorded in the Office of the of Deeds in and for the County of d e„ f tV4ts er Recor Cumberland in Miscellaneous Book 229, Page and designated in the Declaration Plans as 142 Shenie I_. K Public , recorded in the said office in Plan Book 30, Page Cky Of Harr', i r: t 13auphin County Ll* Commissirr E^ P,t ? Nov 26 2011 85. TOGETHER with all right, title and interest, in and to the of 555% interest 5 Member, Pennsyf ? . , ! r iation of NotatleF , , . being a Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. Being known as 13 Campbell Place #13, Wormleysburg, PA 17043 Tax Parcel Number: 47-19-i590-064.-U-13 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act-No. 587, approved May 16, 1929), P. L.1 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal. State aforesaid, being duly sworn, according to law, deposes and says that th Journal, a legal periodical published in the Borough of Carlisle in the Count was established January 2, 1952, and designated by the local courts as the of periodical for the publication of all legal notices, and has, since January 2, 11 issued weekly in the said County, and that the printed notice or publication a exactly the same as was printed in the regular editions and issues of the said Journal on the following dates, of the County and Cumberland Law and State aforesaid, 1cial legal 152, been regularly lached hereto is -umberland Law 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement t y the Cumberland Law Journal, a legal periodical of general circulation, and that he is not inter sted in the subject matter of the aforesaid notice or advertisement, and that all allegations in th foregoing statements as to time, place and character of publication are true. Marie Coyne, Ed r AND SUBSCRI before me this r of February 13, 049 Notary NOTARIAL SEAL DEBORAH A OLLINS Notary Pu IIc CARLISLE BORO, CUMB RLAND COUNTY My Commission Expires Apr 28, 2010 FA"aNtAW A" NO. TO Writ No. 2008-5020 Civil Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1, 2007 Equifirst Loan Securitzation Trust 2007- 1 Mortgage Pass-Through Certificates, Series 2007-1 VS. Sharon E. Via Atty.: Mary Harbert-Bell ALL THAT CERTAIN Unit desig- nated as Number 13, being a Unit in Long Meadows Townhouses, a Con- dominium, located in the Borough of 4 Wormleysburg, Cumberland County, Pennsylvania, under the Declaration of Condominium as recorded in they Office of the Recorder of Deeds inti and for the County of Cumberland, in Miscellaneous Book 229, Page 142, and designated in the Declaration Plans as recorded in the said office in Plan Book 30, Page 85. TOGETHER with all right, title' and interest, being a 5.555°/a interest, of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. Being known as 13 Campbell Place #13, Wormleysburg, PA 17043. Tax Parcel Number: 47-19-1590- 064.-U-13.