HomeMy WebLinkAbout08-6523V
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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
14523 SW Millikan Way, Suite
200
Beaverton, OR 97005
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I. LUTA
16 Poplar Street
Wormleysburg, PA 17043
Defendants
#23584-DD CFC
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
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Case No:
CIVIL ACTION - MORTGAGE FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE
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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) dies 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 provisions 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
AGENCIES QUE PROVEEN SERVICIO LEGAL A PERSONAS
ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O
GRATU IFO.
CUMBEKLAND COUN I Y 13AK ASSUCIA I IUN
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166 -- 800-990-9108
THIS IS AN ATTEMPT TO COLLECT A DEBT
ANY INFORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692,
et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANYT PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF
WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID.
LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE
THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME.
FURTHERMORE, NO REUQEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE
DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECFEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE
REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
MARTHA E. VON ROSENSTIEL, P.C. Attorney for Plaintiff
Martha E. Von Rosenstiel
649 South Avenue, Unit 7
PO BOX 307
SECANE, PA 19018
(610) 328-2887
Attorney ID # 52634
THE BANK OF NEW YORK TRUST : COURT OF COMMON PLEAS
COMPANY, NATIONAL ASSOCIATION, : CUMBERLAND COUNTY
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE :
MLMI SURF TRUST SERIES 2005-BC2 : Case No:
14523 SW Millikan Way, Suite
200
Beaverton, OR 97005
Plaintiff
VS.
JAMES E. LUTA AND
TAMMY I. LUTA
16 Poplar Street
Wormleysburg, PA 17043
Defendants
CIVIL ACTION - MORTGAGE FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE
1. Plaintiff is The Bank of New York Trust Company,
National Association, as Successor in Interest to JPMorgan Chase
Bank, National Association, as Trustee for the MLMI Surf Trust
Series 2005-BC2, a bank organized and existing under state law,
with offices for the conduct of business at 14523 SW Millikan
Way, Suite 200, Beaverton, OR 97005.
2. Defendants, James E. Luta and Tammy I. Luta are the
mortgagors and real owners of premises 16 Poplar Street,
Wormleysburg, PA 17043, hereinafter described, whose last known
address is listed in the caption.
3. Plaintiff brings this action in mortgage foreclosure
against defendants, mortgagors and real owners, to foreclose a
certain indenture of mortgage made, executed and delivered by
the above named defendants, mortgagors and real owners to
Wilmington Finance, a Division of AIG Federal Savings Bank on
December 14, 2004, which mortgage was recorded on December 29,
2004 in the Office of the Recorder of Deeds of Cumberland County
in Mortgage Record Book 1892 Page 4103, secured on premises 16
Poplar Street, Wormleysburg, PA 17043 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 July, 2008 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
Interest from 6/1/2008 to 10/28/2008
At $29.41 per diem
Accrued late charges
Accrued Escrow deficit
Corporate Advances
Attorney's fee (5% of unpaid
Principal Balance)
Title Information Certificate
Suspense
TOTAL
$145,574.49
$ 4,411.50
$ 208.48
$ 3,640.41
$ 1,267.30
$ 7,278.72
$ 515.00
$ (946.49)
$164,949.41
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. A Loan Modification Agreement dated January 17, 2008
was entered into between the parties and is attached hereto as
Exhibit II.
11. Plaintiff sent to defendants, mortgagors 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 III).
WHEREFORE, plaintiff demands judgment for foreclosure and
sale of the mortgaged premises in the amount of $164,949.41,
plus per diem interest at $29.41 from October 29, 2008 to the
date of judgment plus costs thereon.
Martha E. Von Rosenstiel
Attorney for Plaintiff
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 unsworn falsification to authorities.
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of
Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as
follows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five tenths (68.5) feet east
of the northeast comer of Second and Poplar Streets; thence in an easterly direction along the northern line of Poplar
Street, a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly direction along Pine
Alley, a distance of fifty-eight (58) feet: thence in a westerly direction, a distance of eighty-one and five tenths
(81.5) feet; and thence in a southerly direction a distance of fifty-eight (58) feet to the place of Beginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 15 Poplar Street,
Wormleysburg, Pennsylvania.
TAX PARCEL NUMBER: 47-20-1858-181
EXHIBIT -
T/,1-
4523 14E ; DnnI?? V`COISuQeR200tON
Weaverton, 5 January 17, 2008
Loan No. 670482
LOAN MODIFICATION AGREEMENT
THIS LOAN MODIFICATION AGREEMENT ("Agreement") is made this 17TH day of
JANUARY 2008 between WILSHIRE CREDIT CORPORATION ("WCC") as owner or
servicer and LUTA, JAMES E.
WITNESSETH:
WHEREAS, WCC is the owner of servicer of a promissory note dated 12/14104 in favor of
WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS BANK in the original
principal amount of S 137,700.00 ("Note") secured by that certain deed of trust or mortgage
dated 12/14/04 and real property address of 16 POPLAR ST WORMLEYSBURG, PA 17043.
The deed of trust or mortgage, together with any riders, addendums, modifications, amendments,
or adjustments thereto is referred to as the Deed of Trust/Mortgage.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Borrower(s) and WCC agree as follows:
1. The Deed of Trust/Mortgage and the Note shall be changed as follows:
RATE
Effective 2/112008, the interest rate on the principal amount of the
Note will be fired at 7.3750% per annum and will remain in effect
for 36 months.
P Y VT
Borrower will pay this loan in regular payments of $104230 for
the 36 month fired-rate period. Such Installments shall be due
and payable on the first day of each month beginning 3/1/2008.
After said 36 month fixed-rate period, borrower understands that
the interest rate will remain adjustable on a periodic basis,
pursuant to the same adjustable rate index as set forth in the
aP
p(HIBR
Note. All other terms and provisions (if any) of the Note and
Security Instrument providing for, implementing, or relating to,
any change or adjustment in the rate of interest payable under
the Note and all terms and provisions of any adjustable rate rider
that contains any such terms relating to adjustment of interest
rate shall remain the same.
In addition to the principal and interest obligation there are additional
amounts owing, specifically. An escrow account with a monthly payment
of $42.06.
Total monthly payment of $1084.36.
FORGIVEN
Borrower(s) and WCC agree to adjust the loan as follows:
The Lender will forgive $541.23 (Forgiven Sums), resulting in a new
principal balance of $146,156.02.
Reinstatement of forgiven sums. This Loan Adjustment Agreement
represents a settlement and forgiveness of debt by WCC. In addition to any
amount due under this agreement, WCC reserves the right to collect all
forgiven sums upon the default of the Loan Adjustment Agreement terms by
the borrower(s).
Please note that with any debt forgiveness there may be tax implications.
Please consult with your tax advisor
INCREASE IN PRINCIPAL
The amount of the principal obligation owed under the Note Is increased by the sum
of $11,434.28, representing accrued unpaid interest from 4/3012007 through 2!1/2008
of $11,434.28. Accordingly, the amount of the unpaid principal obligation under the
Note is $146,156.02.
Please note that escrow amounts are subject to change due to increase or decrease in
Taxes and/or insurance premiums.
2. Pursuant to the terms of said Note, the unpaid principal balance of said Note, plus
all accrued and unpaid interest shall be due and payable on 1/1/2035.
3. In all other respects, the Note and the Deed of Trust/Mortgage shall remain
unaffected, unchanged and unimpaired and the borrower(s) ratifies the Note and
Deed of Tnist/Mortgage as adjusted by this agreement.
4. Borrower(s) agrees to pay the Note according to the terms thereof as adjusted by
this agreement and to perform all of the acts to be perforated by the borrower(s)
under the ternis of the Deed of Trust/Mortgage. Borrower(s) also agrees that
upon any deliiult tinder the original Deed of Trust/Mortgage and Note as adjusted
by this agreement, the owner of the Note may, without waiver of any other
remedies, void this agreement, in which even all terms and conditions of the
original Note will apply.
5. For purpose of this agreement, the term "Note' includes the original Note and all
renewal, extensions, modifications and loan adjustments thereof and advances
there under.
6. If the borrower(s) acquired title to the real property described in the Deed of
Trust/Mortgage after the Deed of Trust/Mortgage was in effect, borrower(s) has
agreed, as part of the purchase price of the property, to pay the indebtedness
evidenced by the Note. Therefore borrower(s) agrees to perform each and all of
the obligations and covenants of the Note and Deed of Trust/Mortgage as adjusted
by this. agreement to the same extent and with the same effect as if the
borrower(s) originally had executed all of the documents.
7. As consideration for the adjustment made herein, borrower(s), on behalf of
themselves, their heirs, executors, administrators and assigns, hereby, jointly and
severally, knowingly and voluntarily, release, discharge and covenant not to sue
WCC, any service of the loan, any owner(s) of the loan, and any of their
predecessors, successors and shareholders from any and all claims, demands,
liabilities, defenses, setoffs, counterclaims, actions and causes of action of
whatsoever kind or nature, whether known or unknown, whether legal or
equitable, related or connected in any manner to the Note or Deed of
Trust/Mortgage, which the borrower(s) have or may have through the date of this
agreement.
WILSHIRE CREDIT CORPORATION
Duane Leckey
By:
BORROWER(S)
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(D7o?t?a
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W Wilshire
, July 31, 2008
LI78F
LUTA, JAMES E
16 POPLAR ST
WORMLEYSBURG, PA 17043
ACT 91/6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Phone
888.917.1052
Fax
503.952.7476
Web Site
www.wcc.ml.com
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
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
Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at
the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency
toll free at 1.800.342.2397. (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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
LI78F
r.XHIWT
Wilshire Credit Corporation
Payments
P.O. Box 7195, Pasadena, CA 91109-7195
Correspondence
P.O. Box 8517, Portland, OR 97207-8517
LUTA, JAMES E
Loan No.:670482
Page 2
July 31, 2008
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNERS' NAME LUTA, JAMES E
PROPERTY ADDRESS 16 POPLAR ST
WORMLEYSBURG, PA 170431357
LOAN ACCT. NO. 670482
ORIGINAL LENDER WILMINGTON FINANCE
CURRENT SERVICER Wilshire Credit Corporation
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 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 desipated consumer credit counseling
agencies for the county in which the nrouerty 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.
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L 178F
LUTA, JAMES E
Loan No.:670482
Page 3
July 31, 2008
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-to-face
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 they receive 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: IF 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:
16 POPLAR ST
WORMLEYSBURG, PA 170431357
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due:
Delinquency $2,212.34
Late Charges $104.24
Other Charges $2,936.92
Suspense Amount -$37.66
TOTAL $5,215.84
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 $5,215.84 PLUS
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER 1S NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178F
LUTA, JAMES E
Loan No.:670482
Page 4
July 31, 2008
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. PWnents must be made either by cashier's check certified check or money order made
payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195.
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 it's rights to accelerate the mortgage debt. This means that
the entire outstanding balance of the 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 it's 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 it's 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
actually incurred by the lender even if they exceed $50.00. The 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 timed to one hour before the Sheriffs Sale You may do so by paying the
total amount then past due any late or other charges then due reasonable attorney's fees any costs connected
with the foreclosure sale, @ny other costs connected with the Sheriffs 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 Sheriffs
Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A
notice of the actual date of the Sheriffs 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 of action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender : Wilshire Credit Corporation
Address Pa meets: P.O. Box 7195, Pasadena, CA 91109-7195
Correspondence: P.O. Box 8517, Portland, OR 97207-8517
Phone Toll-Free: 888.917.1052
Fax Number 503.952.7476
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
LI78F
LUTA, JAMES E
Loan No.:670482
Page 5
July 31, 2008
Contact : Loan Servicing
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or may not 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 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 THE MORTGAGE
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO 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.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
If you have any questions, please contact us at our toll-free number above.
Sincerely,
Loan Servicing
Enclosures: PA CCCS List, How to Avoid Foreclosure
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cade/cadcmain.cftn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L 178F
? Wilshire-
July 31, 2008
L178F
LUTA, TAMMY I
16 POPLAR ST
WORMLEYSBURG, PA 170431357
ACT 91/6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Phone
888.917.1052
Fax
503.952.7476
Web Site
www.wcc.ml.com
This is an official notice that the mortgage on our home is in default and the lender intends to foreclose.
Specific information about the nature of the default is vrovided in the attached pages.
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 hell?, 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
Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at
the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency
toll free at 1.800.342.2397. (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 ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178F
Wilshire Credit Corporation
Payments
P.O. Box 7195, Pasadena, CA 91109-7195
Correspondence
P.O. Box 8517, Portland, OR 97207-8517
LUTA, TAMMY I
Loan No.:670482
Page 2
July 31, 2008
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNERS' NAME : LUTA, JAMES E
PROPERTY ADDRESS : 16 POPLAR ST
WORMLEYSBURG, PA 1 7043 1 3 5 7
LOAN ACCT. NO. : 670482
ORIGINAL LENDER : WILMINGTON FINANCE
CURRENT SERVICER : Wilshire Credit Corporation
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 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.
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L 178F
LUTA, TAMMY I
Loan No.:670482
Page 3
July 31, 2008
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-to-face
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 they receive 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: IF 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:
16 POPLAR ST
WORMLEYSBURG, PA 170431357
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due:
Delinquency $2,212.34
Late Charges $104.24
Other Charges $2,936.92
Suspense Amount -$37.66
TOTAL $5,215.84
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 $5,215.84 PLUS
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L 178F
LUTA, TAMMY I
Loan No.:670482
Page 4
July 31, 2008
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made
payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195.
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 it's rights to accelerate the mortgage debt. This means that
the entire outstanding balance of the 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 it's 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 it's 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
actually incurred by the lender even if they exceed $50.00. The 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 an ai time np to one hour before the Sheriffs Sale. You may do so by paving the
total amount then past due any late or other charges then due reasonable attorney's fees any costs connected
with the foreclosure sale My other costs connected with the Sheriffs Sale as specified in writing by the lender,
and by performing another 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 Sheriffs
Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A
notice of the actual date of the Sheriffs 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 of action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
. Name of Lender : Wilshire Credit Corporation
Address Payments: P.O. Box 7195, Pasadena, CA 91109-7195
Correspondence: P.O. Box 8517, Portland, OR 97207-8517
Phone Toll-Free: 888.917.1052
Fax Number 503.952.7476
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/cadc/cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178F
LUTA, TAMMY I
Loan No.:670482
Page 5
July 31, 2008
Contact : Loan Servicing
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or may not 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 ALSO HAVE THE RIGHT:
Y OFF THE MORTGAGE
TO ROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAO O
BO
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, DIF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE EFAULT ORE THAN THREE TIMES IN ANY CALENDAR YEAR.) IS RIGHT TO
CURE
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
If you have any questions, please contact us at our toll-free number above.
Sincerely,
Loan Servicing
Enclosures: PA CCCS List, How to Avoid Foreclosure
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY
INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY
DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN
AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co.us/eadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
LI78F
a
VVV?' 0
01
Kl-
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK TRUST COMPANY
VS
LUTA JAMES E ET AL
MARK CONKLIN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
LUTA TAMMY I the
DEFENDANT , at 1250:00 HOURS, on the 8th day of November , 2008
at 16 POPLAR STREET
WORMLEYSBURG, PA 17043
JAMES LUTA, HUSBAND
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
illlg'bp 16.00
Sworn and Subscibed to
before me this day
So Answers:
R PThomas Kline
11/12/2008
MARTHA VON ROSENSTIEL
By.
Depu y S eriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK TRUST COMPANY
VS
LUTA JAMES E ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
T TTTT 77\AAUC V the
DEFENDANT , at 1250:00 HOURS, on the 8th day of November , 2008
at 16 POPLAR STREET
WORMLEYSBURG, PA 17043
by handing to
JAMES LUTA
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
Postage
Surcharge
lbJOi L?L
18.00
16.00
.59
10.00
.00
44.59
Sworn and Subscibed to
before me this
of
day
So Answers:
R. homas Kline
11/12/2008
MARTHA VONROSENSTIEL
By:
Depu y Sheriff
A. D.
JAMES E. LUTA AND
TAMMY I. LUTA
16 Poplar Street
Wormleysburg, PA 17043
Defendants
Vs.
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
14523 SW Millikan Way, Suite 200
Beavertown, OR 97005
Plaintiff
MARTHA E. VON ROSENSTIEL, P.C.
Martha. E. Von Rosenstiel
649 South Avenue, Unit 7
P.O. Box 307
Secane, PA 19108
(610) 328-2887
Attorney I.D. # 52634
Court of Common Pleas
Cumberland County
Case No:08 - 6523 Civil Term
Attorney for Plaintiff
S?e'Q
CIVIL ACTION - MORTGAGE FORECLOSURE
1. Plaintiff is The Bank of New York Trust Company, National Association, as Successor in
Interest to JPMorgan Chase Bank, National Association, as Trustee for the MLMI Surf Trust Series
2005-BC2, a bank organized and existing under state law, with offices for the conduct of business at
14523 SW Millikan Way, Suite 200, Beavertown, OR 97005.
2. Defendants, James E. Luta and Tammy I. Luta are the mortgagors and real owners of the
premises 16 Poplar Street, Wormleysburg, PA 17043, hereinafter described, whose last known address
is listed in the caption.
3. Original mortgage made, executed and delivered to mortgagors and real owners, from
Wilmington Finance, a division of AIG Federal Savings Bank on December 14, 2004, which mortgage
was recorded on December 29, 2004 in the office of Recorder of Deeds of Cumberland County in
Mortgage book 1892, Page 4103, secured on premises 16 Poplar Street Wormleysburg, PA 17043, 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. Defendants agree that the mortgage herein is in default as described in Plaintiff suit subsection 6,
7and8.
9. Defendants tried to make payments to Plaintiff several times in order to continue monthly
payments by Western Union, which were unaccepted.
10. Plaintiff shows payments were being initiated by Defendant as described in Plaintiff suit
subsection 8 listed as Suspense, total of $946.49.
11. Defendants contacted Plaintiff via telephone several times to arrange payment options, however,
this was never finalized by any of the representatives. Plaintiff was informed to send financial
information to the Plaintiff for review and has not received a response.
12. Defendants contacted Plaintiff via website and filed a hardship application, received letters
dated November 09, 2008, which are attached as exhibit II and exhibit III.
13. Defendant has been continually trying to contact Plaintiff regularly, via telephone, since
receiving said letters and has not been able to contact them at any time.
14. Defendants have been trying to rectify this default and have not received any responses from
Plaintiff.
15. Defendant has left several messages with contact numbers for the Loan Workout Department
and still have not received a response.
16. Defendants wish to remain at their residence of 16 Poplar Street Wormleysburg, PA 17043 and
have tied to no avail to rectify the situation at hand.
Wherefore, Defendants request judgments for re-instatement of mortgage or a Temporary Stay of
Foreclosure in order to arrange payment of mortgage arrearages (including reasonable attorneys fees)
to good standing within an agreeable amount of time.
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the
Borough of Wormleysburg, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the northern line of Poplar Street a distance of sixty-eight and
five tenths (68.5) feet of the northeast corner of Second and Poplar Street; thence in an
easterly direction along the northern line of Poplar Street a distance of eighty-one and five
tenths (81.5) feet to Pine Alley; thence in a northerly direction along Fine Ally, a distance of
fifty-eight (58) feet; thence in a westerly direction, a distance of eighty-one and five tenths
(81.5) feet; thence in a southerly direction a distance of fifty-eight (58) feet to the place of
BEGINNING.
HAVING THEREON erected a two and one-half story dwelling house known and
numbered as 16 Poplar Street, Wormleysbutg, Pennsylvania.
BEING the same premises which D'Angelo Realty Group, Inc., by Deed dated 07/30/96
and recorded 08/05/96 in Cumberland County Record Book 143, Page 901, granted and
conveyed unto James E. Luta and Tammy I. Luta, husband and wife, in fee.
Parcel No: 47-20-1858-181
EXHIBIT I
Wilshire-
MV
unday, November 09, 2008
S
Correspondence
P. O Box 8517; Portland, OR 97207-8517
Phone
868.5020100
L625
LUTA, JAMES E
16 POPLAR ST
WORMLEYSBURG, PA 17043
RE: Loan No.: 670482
Dear Borrower:
Wilshire Credit Corporation is the servicer of the above-referenced loan.
Website
htt WhVWW.Woc.rni.corn
We are pleased you have contacted us requesting assistance on your loan While we cannot promise you assistance, we hope
to find a solution that will help you while still protecting the interests ofthe owner of the loan.
Following is the process that we intend to follow to consider your request
Step 1- Required Documents
If your intent is to keep the property:
• Please go to Wilshire's website (httos1/wAvw.wcc.ml.com) and click on the Hardship link Complete and submit the
onfine Financial Statement. Ifyou would prefer, callus at 888917.1050 and we will send you the Financial Statement
form
• Fax or mail written authorization to allow Wilshire to discuss your loam with a third party (if applicable)
• Fax or mail copies of tax returns and W-2 forms for the last two years
Fax or mail copies of the Iasttwo pay stubs
If your intent is to sell the property:
• Fax or mail written authorization to allow Wilshire to discuss your loan with athird party (if applicable)
• Fax ormail a HL,FD-1 Settlement StatenLrit oF-EsticitatedNe-t t__
• Fax or mail a sales contract signed by the borrower and seller or proposed Listing Agreement
• Fax or mail a senior lien holder payoff letter (ifthere is a senior lien holder)
You should mail or fax all ofthe documents, at one time, to the following address:
Wilshire Credit Corporation
14523 SW Millikan Way Suite 200
Beavertog OR 97005
Fax: 503946-3848
YOU SHOULD OONSDER THIS LETTER AS COMM FROM A DEBT CCLLECIOR AS %hE SCMEIMS ACT AS A CEBT COI-LECTCR. ANY INFORMAT[(N
WOVIDEDBYYCUWIL.LBEUSED I000U.ECTTHISDEBT. HOWEVER, IF YOU ARE INBANKRLPTCYORRI3CEIVEDABANKRUPILYDISCHARCEOFTHIS
IN'-BI; Tms LETTER IS NOT AN ATTEMPTTO COI.LEGTTBE DEBT, BurNOTICE OF POssiBLE EwoRcEmENr OF OUR LIEN AGAINST THE ODLLATERAL
MOPERTY. COILDRADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECrM PRACTICES ACT, SEE
laityJ/wwv.Wsmteoouglcaddca&mmhcfn.1EWYORK CFTY: Liaem1032551. NORMCAROL1114A Pamit3840. TENNESSEE This coNwdmagency islicensed
dw Collection Service Board of the Depantmeut of Commerce and Imuranee MsNie Credit: Corporation is homed to dD Iaiess at 14523 S.W. Min Way, Beaverioq CR
WilshQ soffkehcusareMonday- Friday 6:00 an Io5:00pmPaActine,holidays excluded.
Wilshire Credit Corporation
Payments
P.O. Box 105344; Atlanta, GA 30348-Si44
or P.O. Box 7195 Pasadena, CA 91109-7195
Fax
503.9527476
(Continued)
LUTA, JAMES E r ).?
loan No.:670482
Page 2
Monday, November 10, 2008
(Continued)
We mist receive ALL of this information before we can proceed with the next step. If we do not receive
all of this information within 20 days from the date ofthis letter, we will close yourrequest, and you will
have to start the whole process over again.
Step 2- Review/Analysis
We will review the information you submitted. When necessary, we will obtain property appraisals,
discuss the tears of a proposal with investors or mortgage insurance companies that have an interest in
your moAgage, and obtain other third party documents. This may take <45> to <60> additional days.
Step 3 - Approval/Denial
After we obtain all information from you and the third parties, we will make a decision as to whether we
are able to provide you with assistance. We hope to advise you of our decision within 45 days AFTER we
receive all of your information and the information from the third parties. We will tell you whether or not
we can propose a solution and if so, the terms of our proposal.
Step 4 -Execution
If our proposal requires you to sign new documents, we will send you the documents and request that you
sign and return them with any payment required within a specified number ofdays. ff you do not return
the documents and payment by that date, our proposal will be void, and you will need to re-start the entire
process again.
Please be aware that we are continuing our efforts to collect the amounts owing on your loan. Therefore, unless we have
previously refused your payments, you should continue to make your monthly payments when they become due. You likely
will continue to receive collection letters or notices from representatives from your stag Wilshire, or our attorneys. In
addition, we may commence a foreclosure proceeding against the property that secures this loan. If we already have started a
foreclosure proceeding this proceeding will not be postponed unless we advise you in writing of such postponement.
- Therefore; we urge you to send us ali ofthe-docurnents described above as-soon as possiVie.___._
If you have any questions, please contact us at our toll-free number below.
Sincerely,
Loan Workout Department
888917.1050
YOU SHOULD CONSIDER THIS LEMER AS COMM FROM A DEBT CC LLECCOR AS WE SCMETPAES ACT AS A EEBT CDLIECTCR- ANY INFORMATTCN
PROVIDED BY YOU WILLBE LBED 10 COLLECT "THIS DEBT. HOWEVER, IF YOU ARE IN BANKRL VrCY OR RBy F_IVED A BANKRUP`Cy DISCHARGE OF ]HIS
I)EBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OLR LIEN AGAAIST THE COLLATERAL
PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLEC17pN PRACTICES ACC, SEE
hop:Uwuvw.ago.sLuccondcaddeadenwLcSn. NEW YORK MY. Lime 1032551. NORM CAROLINA: Permit 3840. TU"ESSEE This collection agetxy is licased try
Ilse Collection Service Bond of the Depaanwx of Gimme and kaxw= WBstua Credit Corporation is licensed 1D do Ixokm at 14523 S .W. MtZUlcan Way, BaNerk n, CR
Wilshire's atria hors areMoodW- Friday 6:00 an to5:00 pru Pacifictime, holidays excluded.
? Wilshire
Sunday, November 09, 2008
Correspondence
P.O. Box 8517; Fbrdand, CR 97207-8517
Phone
888.5020100
L627
LUTA, JAMES E
16 POPLAR ST
WORMLEYSBURG, PA 17043
RE: Loan No.: 670482
Dear Borrower:
Wilshire Credit Corporation
Payments
P.O. Box 105344; Atlanta, GA 30348-5344
or P.O. Box 71951 Pasadena, CA 91109-7195
Fax
X3.9527476
Website
httW- A ww.ww.ml.co n
Wilshire Credit Corporation is the servicer of the above-referenced loan.
We are reviewing your request for assistance regarding your loan and believe we have received all information needed at this
time. We hope to maim a decision within 45 days from the date we received all ofthe information. Your loan has been
forwarded to a loan officer for review. If we determine we will need more information we will contact you. If you have not
heard from us within the next 30 days please give us a call at the number below and refer to this letter.
Please be aware that we are continuing our efforts to collect the amounts owed on you loan. You therefore may continue to
receive collection letters or notices from us or our attorneys. In addition, we may commence a foreclosure proceeding against
the property that secures this loan If we already have commenced a foreclosure proceeding, this proceeding will not be
postponed unless we advise you in writing of such postponement.
If you have any questions, please contact us at our toll free number below.
Sincerely,
Loan Workout Department
888917.1050
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT CCL.tECTOR AS WE SCME RVIES ACT AS A I:EBT COLLECTCR. ANY INFORMATION
PROVH)EDBYYCUWILLBELSEDIOCOLLECTTHtSDEBr. HOWEVER,IFYOUAREINBANKRLPTtYORR) EWMABANKRUPrYDISCHARCEOF"itilS
DEBT, 'THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT` OF OLR LIEN AGAINST THE OOL.LATERAL
PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT OOL.LBCnON PRACTICES ACT, SEE
httpJ/www.ago.statecous(caddcadcmin.cfm PEW YORK MY: L.kc=1032551. NORTH CAROLINA: Parrit 3840. TENNNESSEE This collection agency is licased b)
the Collection Service Board of the Depantmert of Commrm and Ira nance VAM im Cwdit Capvmtion is licensed tD do busman at 14523 S.W. M019am Way, Beaverton, CR.
WiLhire's office hcus are Malay - Friday 6:00 an to5:00 pm Pacific time holidays exchded.
G r-ll 0
-rt
A i t?.
,_r
#23584CFJ-DN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, AS SUCCESSOR IN
INTEREST TO JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE MLMI SURF
TRUST SERIES 2005-BC2
Plaintiff
V. NO. 08-6523
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
PRAECIPE FOR DEFAULT JUDGMENT
To the Prothonotary:
(XX) Enter judgment in favor of Plaintiff and against: James E. Luta and Tammy I. Luta
for want of an answer.
(X) Assess Damages as Follows
Debt $ 164,949.41
Interest from 10/29/08 to 12/12/08
At $29.41 per diem $ 1,323.45
Total $ 166,272.86
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABL, AS A SUM
CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention file this
Praecipe was mailed or delivered to the party against whom judgment is to be enter d and to his
attorney of record, if any, after the default occurred and at least (10) days prior to a date of the filing
of this Praecipe. A copy of the Notice is attached. ! ,. ? 237.1
Attorney for Plaintiff
Martha E. Von Rosenstiel Attorney I.D. #52634
_ Print/Type Name and ID Number
Phone: (610) 328-2887
This la's day of I ber , 200 $ judgment is entered in favor of the Plaintiff and against
Defendant(s), James E. Luta and Tammy I. Luta by default for want of an answer and damages
assessed at the sum of $166,272.86 as per above certific on.
Pr ono erl County
Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff
Martha E. Von Rosenstiel
649 South Avenue
Secane, PA 19018
(610) 328-2887
Attorney I.D.# 52634
THE BANK OF NEW YORK TRUST COURT OF COMMON PLEAS
COMPANY, NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY
SUCCESSOR IN INTEREST TO JPMORGAN
CHASE BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE MLMI SURF TRUST
SERIES 2005-13C2 Case No: 08-6523
14523 SW Millikan Way, Suite 200
Beaverton, OR 97005
Plaintiff :
VS.
JAMES E. LUTA AND TAMMY I. LUTA
16 Poplar Street
Wormleysburg, PA 17043
Defendant
TO:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
IMPORTANT NOTICE
#23584CTD - DD
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. Von Rosenstiel
Attorney for Plaintiff
Dated: December 1, 2008
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
649 South Avenue
Secane, PA 19018
(610) 328-2887
Attorney I.D.# 52634
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
14523 SW Millikan Way, Suite 200
Beaverton, OR 97005
Plaintiff
vs.
JAMES E. LUTA AND TAMMY I. LUTA
16 Poplar Street
Wormleysburg, PA 17043
Defendant
TO:
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: Case No: 08-6523
IMPORTANT NOTICE
#23584-DD CTD
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 MAYBE 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
-41OW90-9108
Martha E. Von Rosenstiel
Attorney for Plaintiff
Dated: December 1, 2008
Martha JiNon Rosenstiel, P.C.
Mard a E. Von Rosenstiel
649 South Avenue, Unit 6
Secane, PA 19018
(610) 328-2887
Attorney I.D. # 52634
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-13C2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I. LUTA
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 08-6523
CERTIFICATE OF SERVICE
Martha E. Von Rosenstiel, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and
that service of the Praecipe to Enter Judgment in the above matter was made upon the following:
JAMES E. LUTA
16 Poplar Street
Wormleysburg, PA 17043
And
TAMMY I. LUTA
16 Poplar Street
Wormleysburg, PA 17043
by regular first class mail, postage prepaid, deposited with the United States Postal Service on
December 12, 2008.
This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating unsworn falsification to
authorities. ?-,
Martha E. Von Rosenstiel
Attorney for Plaintiff
Dated: 12/12/2008
.A
#23584CFJ-DN
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
649 South Avenue, Unit 6
Secane, PA 19018
610-328-2887
Attorney l.D.# 52634
Attorney for Plaintiff
THE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, AS SUCCESSOR IN
INTEREST TO JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, AS TRUSTEE FOR
THE MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 08-6523
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(S)
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(s) and/or real owner(s).
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(s) is/are not in the
military.
6. On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service
member in military service as defined by the Servicemembers Civil Relief Act, ?-
501 et seq.
This S.C. Appx. Section
verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to ifnswom falsification to
authorities.
Martha E. Von Rosenstiel
Attorney for Plaintiff
Dated: December 12, 2008
O
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Court House, 1 Courthouse Square, Carlisle, PA 17013
James E. Luta
16 Poplar Street
Wormleysburg, PA17043
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
PLAINTIFF
Curt Long, Prothonotary
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: NO: 08-6523
VS.
JAMES E. LUTA AND TAMMY I. LUTA
DEFENDANT(S) .
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 indi to i the amount of
$166,272.86 on December 12, 2008.
Curt Long
Prothonotary
?X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
? 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.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Court House, 1 Courthouse Square, Carlisle, PA 17013
Curt Long, Prothonotary
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
PLAINTIFF
: COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: NO: 08-6523
VS.
JAMES E. LUTA AND TAMMY I. LUTA
DEFENDANT(S)
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
$166,272.86 on December 12, 2008.
Curt Long
Prothonotary
FX Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
11 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.
Commonwealth of Pennsylvania
COUNTY OF CUMBERLAND
23584CWE-DN
THE BANK OF NEW YORK TRUST COMPANY, NATIONAL COURT OF COMMON PLEAS
ASSOCIATION, AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2
V. DOCKET NO. 08-6523
JAMES E. LUTA AND TAMMY I. LUTA ATTORNEY I.D. #52634
Praecipe for Writ of Execution
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
AMOUNT DUE $ 166,272.86
INTEREST from 12/13/08 to 6/10/2009
At 6 % $ 4,919.
TOTAL* $ 171,1 .26
*Plus costs to be endorsed
Martha E. Von Rosens ie
Attorney for Plaintiff
649 South Avenue, Unit #6
Secane, PA 19018
(610) 328-2887
PREM: 16 Poplar Street, Wormleysburg, PA 17043
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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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
VS.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: NO: 08-6523
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
LEGAL DESCRIPTION
#23584-DN
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of
Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described
as follows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five tenths (68.5) feet
east of the northeast corner of Second and Poplar Streets; thence in an easterly direction along the northern line
of Poplar Street, a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly
direction along Pine Alley, a distance of fifty-eight (58) feet: thence in a westerly direction, a distance of eighty-
one and five tenths (81.5) feet; and thence in a southerly direction a distance of fifty-eight (58) feet to the place
of Beginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 15 Poplar Street,
Wormleysburg, Pennsylvania.
IMPROVEMENTS: Residential dwelling
Tax Parcel # 47-20-1858-181
TITLE TO SAID PREMISES IS VESTED IN James E. Luta Tammy I. Luta, husband and wife by Deed from
D'Angelo Realty Group, Inc., a Pennsylvania Corporation, dated 7/30/1996 and recorded 8/5/1996 in Record
Book 143, Page 901.
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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
vs.
#23584CAM - DN
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: NO: 08-6523
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
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 16 Poplar Street, Wormleysburg, PA 17043:
1. Name and address of owners(s) or reputed owner(s)
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
2. Name and address of defendant(s) in the judgment:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
3. Name and address of every judgment creditor whose judgment is a record lien on the real property to
be sold:
Borough of Wormleysburg
20 Market Street'
Wormleysburg, PA 17043
4. Name and address of the last recorded holder of every mortgage of record:
American General Financial Services, Inc.
125 Gateway Drive, Suite 109
Mechanicsburg, Pa., 17050-2905
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NONE
7. 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
PA. Department of Revenue
Bureau of Compliance
Attn: Sheriff Sale Section
P.O. Box 218230
Harrisburg, PA. 17128-1230
l
Dept of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Occupant
16 Poplar Street
Wormleysburg, PA 17043
I verify that the statements made in this affidavit are true and col
knowledge or information and belief. I understandtlm) false statements
of 18 Pa. C.S. Section 4904 relating to unsworncation to authoriti
Martha E. Von Rosenstiel
Attorney for Plaintiff
to the best of my personal
m are made subject to the penalties
Dated: December 10, 2008
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#23584-CWE-DN
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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: No: 08-6523
vs.
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
CERTIFICATE TO THE SHERIFF
I hereby certify that I am the attorney of record for the plaintiff in this action again real property and
further certify that this property is:
FHA Tenant Occupied or Vacant
Commercial
As a result of a Complaint in Assumpsit
0 That the plaintiff has complied in all respects with Section 403 of the
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 mortgagee or
Consumer Credit Counseling Agency
(d) Defendants' Failure to file application with the Homeowners
Emergency Assistance Program
I further agree to indemnify and hold harmless the Sheriff for any false st'ement given
herein.
Martha E. Von Rosenstiel
Attorney for Plaintiff
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Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
649 South Avenue, Unit 6
P.O. Box 822
Secane, PA 19018
610 328-2887
Attorney I.D.# 52634
The Bank of New York Trust Company, National
Association, as Successor in Interest to JPMorgan
Chase Bank, National Association, as Trustee for
the MLMI SURF Trust Series 2005-BC2
14523 SW Millikan Way, Suite 200
Beaverton OR 97005
Plaintiff
vs.
James E. Luta and Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLANDCOUNTY
: No: 08-6523
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DELAWARE
MARTHA E. VON ROSENSTIEL, 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 last known
addresses of the defendants are:
1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
l
Martha E. Von Rosenstiel
Attorney for Plaintiff
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23584CAM-DN
Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff
Martha . Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Secane, PA 19018
610-328-2887
Attorney I.D.# 52634
THE BANK OF NEW YORK TRUST : COURT OF COMMON PLEAS
COMPANY, NATIONAL : CUMBERLAND COUNTY
ASSOCIATION, AS SUCCESSOR IN :
INTEREST TO JPMORGAN CHASE :
BANK, NATIONAL ASSOCIATION, :
AS TRUSTEE FOR THE MLMI SURF : No: 08-6523
TRUST SERIES 2005-BC2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I.
LUTA
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 16 Poplar Street
Wormleysburg, PA 17043 will be sold by the Sheriff of Cumberland County on
Date of Sale: June 10, 2009
Time of Sale: 10:00 a.m.
Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013.
This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 08-6523
in the Court of Common Pleas of Cumberland County by The Bank of New York Trust
Company, National Association, as Successor in Interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI SURF Trust Series 2005-BC2, Plaintiff against James E.
Luta and Tammy I. Luta, Defendant(s). Judgment was entered on in the amount of
$166,272.86. The property was seized and taken in execution as the property of James E. Luta
and Tammy I. Luta.
The property to be sold at Sheriffs Sale is described as follows:
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania,
more p.?t'ficularly described as follows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five
tenths (68.5) feet east of the northeast corner of Second and Poplar Streets; thence in an easterly
direction along the northern line of Poplar Street, a distance of eighty-one and five tenths (81.5)
feet to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58)
feet: thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; and
thence in a southerly direction a distance of fifty-eight (58) feet to the place of Beginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 15
Poplar Street, Wormleysburg, Pennsylvania.
Tax ID #47-20-1858-181
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 Cumberland County Civil
Action No. 08-6523. 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 the 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)
COUNTY OF CUMBERLAND)
NO 08-6523 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, As Successor in Interest to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, As Trustee for THE MLMI SURF TRUST SERIES 2005-BC2, Plaintiff (s)
From JAMES E. LUTA and TAMMY I. LUTA
(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 $166,272.86
L.L. $.50
Interest from 12/13/08 to 6/10/09 at 6% -- $4,919.40 plus costs to be endorsed
Atty's Comm %
Arty Paid $179.59
Plaintiff Paid
Date: 12/12/08
Due Prothy $2.00
Other Costs
Curtis R. L ro on ary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name: MARTHA E. BON ROSENSTIEL, ESQUIRE
Address: 649 SOUTN AVENUE, UNIT #6
SECANE, PA 19018
Attorney for: PLAINTIFF
Telephone: 610-328-2887
Supreme Court ID No. 52634
s
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
#23584CAM - DN
Attorney for Plaintiff
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-6523
VS.
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
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 January 5, 2009 , 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 are,made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification 0 authorities.
Martha E. Von Rosenstiel
Attorney for Plaintiff
Dated: December 10, 2008
For ACCOU'ftbl* Mail
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AFFIDAVIT OF szmc6
The Bank of Now Yak Tnwt Campany, III " el Assodddan, as Sucomor M hMnsat to JPMoMm Chase gal*, Nadorwl
Action, w Truataa for the fAM 8UIW That 3 ffi- 20064CY
OOURT OF COW" HYAS
DEFMAN r Cl7flfCf PIO. 00.6G?3
James E Lida and Tate" L Lute
SERVE UPON:
Tw" 1. Luta
1s Popla ab"
WorMepstwrp, PA 17043
SPECIAL INSTRUCTIONS: p1Mee saws dotandartt pawonNy
or WO In dwp of p a '
TYPE Of ACTION
7Qt WRIT OF EXECUTION and Notlcs of ShwWs Sab
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Defemame yaraaosllr served-
11m2t farad amber ritb r&= Diofeadr+at nwldos. k*mwgw C2srk of pkm locbiip in Which
n- p q-, (skies.
Rebtio?rslrp is A"t or psrsan in dwpe of Dabndmft opine
Adal t is char" of Dofoodaat's residsaee a6a or usual place of b dneee.
refried __ Ofhw
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os doon: Ape 305 woht Lo " wd o o Rana W se c M onw
1 ?0, N* c.A to Q- a oanpetett WA being duly SMarrr spoof ft to low. depose and do* that i pwwnaly handed
a true and cal, caper of ft WRIT OF EXECUTION and Notice of sherll{•s so*
issued in the captioned cane on fhe dabs and sift addrea ino0 - l i f l above.
&mm to and subsarbed
before ms this (5-t-
at D Nom= 20
ROTS
On ft day of 20? at ddodc ` K. Oefendarrt NOT FOUND Decews:
AkwW Ufdv Mm NO AMW VMCNA
c 1.1A?"'
-? 01
aide afAffam of N? AR FtSEY Result
??'?? EXPIRES 10f2
sworn to are subsc mw
before me tars day
Of . zoo -
Nalwy: By.
Martha E. Van Roesradsl, P.C.
648 Satoh Avwuw, Unit 6
Seear^ PA 18010
6104IM28i7
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AFFIDAVIT OF SMVICS
PLAINTIFF:
The Bark of Newyork Tnnt company, Natiornl AModrllom as Srrcoessar l Mrterest to MMorpn Chaos Bank. National
AssooldlM ss TnmW for dw MIJIM SLW Thmd Sarlas 20080C2
COURT OF COMMON PIFAS
DUMANT COURT NO. Oda6?3
.Tonnes E Lula and Tanury L Lute
SERVE UPON:
.pans E Lute
16 Poplar street
WanYrlysbkap. PA 17043
TYPE OFACTKW
2% WRIT OF W(ECUTION and Notice of Sherlif t SaN
235$4-Da
not t pormung"y aartsd.
Adult fORUZ serbor with "Um Defaadant reaidas. ?k of pace of bd9ft in which
Oebtldartiseldee
RdAnml ip b AWd or person b dm pe of Dobndard'a dke
Adtlt In rJms of Defendaat's restdaaae who
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t or ueud plum Of business.
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1. .' &&j A46 4 6 ? - ?- a oompet m adult, bang dt y mmm aCCoi*V to taw, depose and olio #W t persofm* handed
to a his and coned copy of Ow WRIT OF DECUTMM and tlolics of SherMrs Sale
issued in the cwptiaiad case on the dale and d the sddress indicated abMIL
Swam to and subscnW
before me this ST
of hg ' 20
Nom.
NOT S
W. - 41h4ff
On the daay?of _- s 20___, at o'clock; M., Defendant MDT FOUND becmm:
No Amwer Vacu t
tyl ,pale ? F N Eg 10f2 2
I?srrlt
Sworn to and subscnbed
before me d* day
Of 120k_-
Notary: Sr
ATTORNEY
Martha E. Von Rosenedd, P.C.
648 South Avemre, Unlt 6
Stcane, PA 19018
$10328-2897
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19' 353
SP6pAL INBTR JCTIONS: please servo ddNrdarrt peraorrag?
or addt In deeds of Irrarelae$
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23584CAM-DN
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
Attorney for Plaintiff
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL
ASSOCIATION, AS SUCCESSOR IN
INTEREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE MLMI SURF :
TRUST SERIES 2005-BC2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I.
LUTA
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
C) ?
Q t,
No: 08-6523
D
OD
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 16 Poplar Street
Wormleysburg, PA 17043 will be sold by the Sheriff of Cumberland County on
Date of Sale: June 10, 2009
Time of Sale: 10:00 a.m.
Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013.
This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 08-6523
in the Court of Common Pleas of Cumberland County by The Bank of New York Trust
Company, National Association, as Successor in Interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI SURF Trust Series 2005-BC2, Plaintiff against James E.
Luta and Tammy I. Luta, Defendant(s). Judgment was entered on in the amount of
$166,272.86. The property was seized and taken in execution as the property of James E. Luta
and Tammy I. Luta.
The property to be sold at Sheriff's Sale is described as follows:
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania,
more particularly described as follows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five
tenths (68.5) feet east of the northeast corner of Second and Poplar Streets; thence in an easterly
direction along the northern line of Poplar Street, a distance of eighty-one and five tenths (81.5)
feet to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58)
feet: thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; and
thence in a southerly direction a distance of fifty-eight (58) feet to the place of Beginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 15
Poplar Street, Wormleysburg, Pennsylvania.
Tax ID #47-20-1858-181
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 Cumberland County Civil
Action No. 08-6523. 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 the 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
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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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-13C2
Plaintiff
#23584CAM - SS
Attorney for Plaintiff
(IC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-6523
VS.
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
SUPPLEMENTAL 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 April 28, 2009, 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.
American General Financial Services, Inc.
125 Gateway Drive, Suite 109
Mechanicsburg, PA 17050
The Bank of New York Trust Company, NA
14523 S.W. Millikan Way, Suite 200
Beaverton, OR 97005
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Martha E. Von Rosenstio
Attorney for Plaintiff
Dated: April 28, 2009
f
m^Y BE USED FOR DOMESTIC AND rNTER
PR OVIDE• FOR INSURANCE-POSTMASTER
Received From:
MARTHA VON ROSE?`
649 SOUTH AVENUE
UNIT 7
SECANE, PA 19018
One piece of ordinary mail addicsscd to:
fcc hem in stamps
i
k,?- 02 1 F fe? lJ? ?I . -1 (,?u
0003931 31 APR 2b 200
MAILED F 0M Z!P C_.ODE 1 901E
The Bank of Now York Trust Company, S.W. Millikan Way, Suite 200
Beaverton, R Q7n05
Form 3R 17. Mar.l
MAY BE USED FOR DOMESTIC AND TNIERNA
PRO%11nE FOR MSURANCE-POSTMASTER
Rece ived From:
MARTHA VON ROSE
649 SOUTH AVENUE
UNIT 7
SECANE, PA 19018
One piece of ordinary mail addressed to:
944
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MAILED FR M ZIP CODE 19
rmerieam Get id! Services, Inu.-
125 Gateway Drive, Suite 109
-- Meehaniesburg, PA 1706()
PS Form 3817. Mar. 1989 ,
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HLE-D- JoE n-iARy
OF THE-
2009 MAY -1 A l l: 2 U
PENNS , TVA IN !A
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In the Court of Common Pleas of
29"9 CC. 12 x;' Ii: i 3
Cumberland County, Pennsylvania
Writ No. 2008-6523 Civil Term
iq
04
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_V. j
The Bank of New York Trust Company, National Association, as Successor in Interest to JP
Morgan Chase Bank, National Association, As Trustee for the MLMI Surf Trust Series 2005-
BC2
VS
James Luta and Tammy I. Luta
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on April 4, 2009 at 1145 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 James Luta and
Tammy I. Luta, located at, 16 Poplar Street, Wormleysburg, Cumberland County
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit:
James Luta and Tammy L Luta, by regular mail to their last known address of 16 Poplar
Street, Wormleysburg, PA 17043. This letter was mailed under the date of April 1, 2009 and
never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ
is returned STAYED.
Sheriff s Costs:
Docketing 30.00
Poundage 16.57
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Milage 14.40
Levy 15.00
Surcharge 30.00
Post Pone Sale 40.00
Law Journal 355.00
Patriot News 296.20
Share of Bills 15.43
845.10
? /o/? a/b9 ?, ?,
j .13/75z?,
So Answers, -
'R. Thomas Kline, Sheriff
By a'Lj,'7Q->V"
Real s ate Coordinator
..
Martha E. Von Rosenstiel, Y.C.
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Secano, PA 19018
610-318-2887
Attorney I.D.# 52634
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SPCCESSOR IN INTEREST TO
JPMOIRGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLM$ SURF TRUST SERIES 2005-BC2
Plaintiff
vs.
#23584CAM - DN
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-6523
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
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 16 Poplar Street, Wormleysburg, PA 17043:
1. Name and address of owners(s) or reputed owner(s)
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy 1. Luta
16 Poplar Street
Wormleysburg, PA 17043
2. Name and address of defendant(s) in the judgment:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
3. Name and address of every judgment creditor whose judgment is a record lien on the real property to
be sold:
Borough of Wormleysburg
20 Market Street
Wormleysburg, PA 17043
4. Name and address of the last recorded holder of every mortgage of record:
American General Financial Services, Inc.
125 Gateway Drive, Suite 109
Mechanicsburg, Pa., 17050-2905
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NONE
7. 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
PA. Department of Revenue
Bureau of Compliance
Attn: Sheriff Sale Section
P.O. Box 218230
Harrisburg, PA. 17128-1230
I
Dept of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Occupant
16 Poplar Street
Wormleysburg, PA 17043
I verify that the statements made in this affidavit are true and corr t to the best of my personal
knowledge or information and belief. I understand t false statements rein are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unsworn ication to authorit' s.
Martha E. Von Rosenstiel
Attorney for Plaintiff
Dated: December 10, 2008
23584CAM-DN
Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Secarle, PA 19018
610-328-2887
Attorney I.D.# 52634
THE ANK OF NEW YORK TRUST COURT OF COMMON PLEAS
CO ANY, NATIONAL CUMBERLAND COUNTY
ASS CIATION, AS SUCCESSOR IN
INTE D'P ST TO JPMORGAN CHASE
BA Z NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE MLMI SURF : No: 08-6523
TRUST SERIES 2005-BC2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I.
LUTA
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO ALL PARTIES IN INTEREST AND CLAIMANTS:
The r?al estate and improvements, if any, located at and known as 16 Poplar Street
Worrr?leysburg, PA 17043 will be sold by the Sheriff of Cumberland County on
Date of Sale: June 10, 2009
Time of Sale: 10:00 a.m.
Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013.
This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 08-6523
in the Court of Common Pleas of Cumberland County by The Bank of New York Trust
Comp ny, National Association, as Successor in Interest to JPMorgan Chase Bank, National
Assoc ation, as Trustee for the MLMI SURF Trust Series 2005-BC2, Plaintiff against James E.
Luta and Tammy 1. Luta, Defendant(s). Judgment was entered on in the amount of
$166, 72.86. The property was seized and taken in execution as the property of James E. Luta
and T mmy I. Luta.
The p?operty to be sold at Sheriff's Sale is described as follows:
#23584-DN
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Secano, PA 19018
610-328-2887
Attorney I.D.# 52634
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
ASSUCCESSOR IN INTEREST TO
JPMO GAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLM SURF TRUST SERIES 2005-BC2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: NO: 08-6523
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of
Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described
as follows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five tenths (68.5) feet
east of the northeast corner of Second and Poplar Streets; thence in an easterly direction along the northern line
of Poplar Street, a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly
direction along Pine Alley, a distance of fifty-eight (58) feet: thence in a westerly direction, a distance of eighty-
one and five tenths (81.5) feet; and thence in a southerly direction a distance of fifty-eight (58) feet to the place
of Beginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 1(o Poplar Street,
Wormleysburg, Pennsylvania.
IMPROVEMENTS: Residential dwelling
Tax Parcel # 47-20-1858-181
TITLE TO SAID PREMISES IS VESTED IN James E. Luta Tammy I. Luta, husband and wife by Deed from
D'Angelo Realty Group, Inc., a Pennsylvania Corporation, dated 7/30/1996 and recorded 8/5/1996 in Record
Book 143, Page 901.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF P8NNSYLVANIA) NO 08-6523 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, As Successor in Interest to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, As Trustee for THE MLMI SURF TRUST SERIES 2005-BC2, Plaintiff (s)
From JAMES E. LUTA and TAMMY L LUTA
(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 $166,272.86 L.L. $.50
Interest from 12/13/08 to 6/10/09 at 6% - $4,919.40 plus costs to be endorsed
Atty's Comm % Due Prothy $2.00
Arty Paid $179.59
Plaintiff Paid
Date: 12/12/08
(Seal)
Deputy
R.EQUFSTINTG PARTY:
Name: MARTHA E. BON ROSENSTIEL, ESQUIRE
Address: 649 SOUTN AVENUE, UNIT #6
SECANE, PA 19018
Attorney for: PLAINTIFF
Telephone: 610-328-2887
Supreme Court ID No. 52634
Other Costs
ell,
Cu
rtis R. Long, Prothonotar
By:
Real Estate Sale # 13
On January 16, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Borough of Wormleysburg, Cumberland County, PA
Known and numbered as 16 Poplar Street, Wormleysburg
more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: January 16, 2009
By: Oj c-,j i ? 1,?,_t-,6.lkv
00 0 d 91 NVr Al CO
1 H::
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
Elie patn"otmNews
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:
04/24/09
05/01/09
05/08/09
........... .
Sworn tc an / ybscribed before me this 12 day of May, 2009 A.D.
?V 4,A-1{11L-1- Y"?
Notary Public
C0M-kv10NWFAL i N OF PENNSYLVANIA
Notaria! Sad!
Sherrie L• Kisner, N OWN Pubkc
city Of Harrisburg, dauphin county
My Commission Expires Nov. 26, 2011
Member, Pennsylvania Association of Notaries
Real Estate Sale No. 13
Writ No. 2006411123 Civil Term
The Bank cf' New York Trust
?mWny, N*ftnal Association,
as Successor In Interest to JP
Morgan Cho" Sank, National
Aeon, As Trustee for the
NiLMI, Surf Trust Series
BC2 2005-
VS
James Lute and
TAnUny L Luta
Attorney E.
Von RWs stie
LEGIAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land
Borough o Wormleysburgg in the County of
Cumberland and Commonwealth of
Pennsylvania, more particularly described as
follows:
BEGINNING at a point on the northern line of
Poplar Street, a distance of sixty-eight and five
tenths (68.5) feet east of the northeast corner of
Second and Poplar Streets; thence in an easterly
direction along the northern line of Poplar
Street, a distance of eighty-one and five tenths
(81.5) feet to Pine Alley; thence in a northerly
direction along Pine Alley, a distance of fifty-
eight (58) feet: thence in a westerly direction, a
distance of eighty-one and five tenths (81.5)
feet; and thence in a southerly direction a
distance of fifty-eight (58) feet to the place of
Beginning.
HAVING Thereon erected a two and one-half
story dwelling house known and numbered as 16
Poplar Street; Wormleysburg, Pennsylvania.
WROVEIM4ENTS: Residential dwelling
Tax Parcel # 47-20-1858-181
TITLE TO SAID PREMISES IS VESTED IN
James E. Luta Tammy 1, Luta, husband and wife
by Deed from D'Angelo Realty Group, Inc., a
Pennsylvania Corporation, dated 7/30/1996 and
recorded 8/5/1996 in Record Book 143, Page
901.
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:
May 1, May 8, and May 15, 2009
Affiant fiuther 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.
Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
day of Ma2009
Notary
NOTARIAL SEAT.
EDEBORAH A COLLINS
Notary Public
BORO, CUMBERLAND COUNTY
mission Expires Apr 26, 2010
mw?
REAL IIBTATR BALE NO. 13
Writ No. 2008-6523 Civil
The Bank of New York Trust
Company, National Association, as
Successor in Interest to JP Morgan
Chase Bank, National Association,
As Trustee for the MLMI, Surf Trust
Series 2005-BC2
vs.
James Luta and Tammy I. Luta
Atty.: Martha E. Von Rosenstiel
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or
parcel of land and premises, situ-
ate, lying and being in the borough
of Wormleyeburg, in the County of
Cumberland and Commonwealth
of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the
northern line of Poplar Street, a dis-
tance of sixty-eight and five tenths
(68.5) feet east of the northeast
corner of Second and Poplar Streets;
thence in an easterly direction along
the northern line of Poplar Street, a
distance of eighty-one and five tenths
(81.5) feet to Pine Alley; thence in a
northerly direction along Pine Alley, a
distance of fifty-eight (58) feet: thence
in a westerly direction, a distance of
eighty-one and five tenths (81.5) feet;
and thence in a southerly direction a
distance of fifty-eight (58) feet to the
place of Beginning.
HAVING Thereon erected a two
and one-half story dwelling house
known and numbered as 16 Poplar
Street, Wormleysburg, Pennsylva-
nia.
IMPROVEMENTS: Residential
dwelling.
Tax Parcel # 47-20-1858-181.
TITLE TO SAID PREMISES IS
VESTED IN James E. Luta, Tammy
I. Luta, husband and wife by Deed
from D'Angelo Realty Group, Inc.,
a Pennsylvania Corporation, dated
7/30/1996 and recorded 8/5/1996
in Record Book 143, Page 901.
Commonwealth of Pennsylvania
COUNTY OF CUMBERLAND
THE BANK OF NEW YORK TRUST COMPANY, NATIONAL
ASSOCIATION, AS SUCCESSOR IN INTEREST TO
JPM RGAN CHASE BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE MLMI SURF TRUST SERIES 2005-BC2
V.
JAMES E. LUTA AND TAMMY I. LUTA
23584CWE-DN
COURT OF COMMON PLEAS
c ?l
7-1
DOCKET NO. 08-6? N
'
ATTORNEY I.D. 02634
_ -ca
w
Praecipe for Writ of Execution
TO THE PROTHONOTARY:
Writ of Execution in the above matter:
AMOUNT DUE
INT REST from 12/13/2008 to 9/8/2010
At6%
'rn A r *
costs to be endorsed
$ 166,272.86
$ 17,354.55
$ 183,627.41
Martha E. Von Rosenstiel
Attorney for Plaintiff
649 South Avenue, Unit 46
Secane, PA 19018
(610) 328-2887
M: 16 Popiq Street, Wormleysburg, PA 17043
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Mart a E. Von Rosenstiel, P.C. Attorney for Plaintiff
M a E. Von Rosenstiel
649 S outh Avenue, Unit 6
P.O. ox 822
Sec e, PA 19018
610 28-2887 _j
Attor ney I.D.# 52634
V
The Bank of New York Trust Company, National COURT OF COMMON PLEAS
Asso ciation, as Successor in Interest to JPMorgan CUMBERLANDCOUNTY = '` -a t
Chas e Bank, National Association, as Trustee for
the LMI SURF Trust Series 2005-BC2 -
1452 SW Millikan Way, Suite 200
Beav erton OR 97005 No: 08-6523
Plaintiff
VS.
Jame s E. Luta and Tammy I. Luta
16 P oplar Street
Wo leysburg, PA 17043
Defendants
i
AFFIDAVIT OF LAST KNOWN ADDRESS
CO MONWEALTH OF PENNSYLVANIA:
SS
CO TY OF DELAWARE
MARTHA E. VON ROSENSTIEL, 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 last known
addr sses of the defendants are:
1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
I verify that the statements made in this affidavit are true and correct to the best of my personal
or information and belief. I understand that false statements herein are made subject to the penalties
of I? Pa. C. S. Section 4904 relating to unswom falsification
Martha E. Von Rosenstiel
Attorney for Plaintiff
Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Sec ne, PA 19018
Pho e. 610-328-2887
Atto ey I.D. #52634
#23584-CWE-DN
THE , BANK OF NEW YORK TRUST COURT OF COMMON PLEAS
COM PANY, NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS S UCCESSOR IN INTEREST TO
JP RGAN CHASE BANK, NATIONAL p ;
ASS CIATION, AS TRUSTEE FOR THE ° -?
ML ? /1I SURF TRUST SERIES 2005-BC2 No: 08-6523
Plaintiff
vs.
JA ES E. LUTA AND TAMMY I. LUTA
Defendants
0
CERTIFICATE TO THE SHERIFF
I hereby certify that I am the attorney of record for the plaintiff in this action again real property and
certify that this property is:
FHA - Tenant Occupied or Vacant
Commercial
As a result of a Complaint in Assumpsit
That the plaintiff has complied in all respects with Section 403 of the
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 mortgagee or
Consumer Credit Counseling Agency
(d) Defendants' Failure to file application with the Homeowners
Emergency Assistance Program
I her agree to indemnify and hold harmless the Sheriff for any false
here n.
Martha E. Von Rosenstiel
Attorney for Plaintiff
#23584CAM - DN
Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Sec ne, PA 19018
610!328-2887
Attorney I.D.# 52634
THE BANK OF NEW YORK TRUST COURT OF COMMON PLEAS
COM
PANY, NATIONAL ASSOCIATION, CUMBERLAND COUNTY ti,
= _
``=n
AS S UCCESSOR IN INTEREST TO _
-?
JPM RGAN CHASE BANK, NATIONAL
ASS OCIATION, AS TRUSTEE FOR THE
ML P /11 SURF TRUST SERIES 2005-BC2 NO: 08-6523 -
Plaintiff _,
`
VS.
JAM ES E. LUTA AND TAMMY I. LUTA
Defendant(s)
AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1
i MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets
fort as of the date the Praecipe for the Writ of Execution was filed the following information concerning the
real roperty located at 16 Poplar Street, Wormleysburg, PA 17043:
1. Name and address of owners(s) or reputed owner(s)
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
2. Name and address of defendant(s) in the judgment:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
Tammy I. Luta
16 Poplar Street
Wormleysburg, PA 17043
3. Name and address of every judgment creditor whose judgment is a record lien on the real property to
be sold:
Borough of Wormleysburg
20 Market Street
Wormleysburg, PA 17043
4. Name and address of the last recorded holder of every mortgage of record:
American General Financial Services, Inc.
125 Gateway Drive, Suite 109
Mechanicsburg, Pa., 17050-2905
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NONE
7. 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
PA. Department of Revenue
Bureau of Compliance
Attn: Sheriff Sale Section
P.O. Box 218230
Harrisburg, PA. 17128-1230
Dept of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Pennsylvania Department of Revenue
Bureau of Individual Taxes
PO Box 280603
Harrisburg, PA 17128-0603
Occupant
16 Poplar Street
Wormleysburg, PA 17043
I verify that the statements made in this affidavit are true and
kno ledge or information and belief. I understand that false state
of 1 Pa. C.S. Section 4904 relating to unsworn falsifcati authc
IIII
Dat? : March 29, 2010
Martha E. Von Rugr
Attorney for Plaintiff
of my personal
subject to the penalties
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Sec ne, PA 19018
610 328-2887
Attorney I.D.# 52634
T BANK OF NEW YORK TRUST
COMPANY, NATIONAL
ASSOCIATION, AS SUCCESSOR IN
IN EREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE MLMI SURF :
TRUST SERIES 2005-BC2
Plaintiff
VS.
J S E. LUTA AND TAMMY 1.
LU A
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
23584CAM-DN
CUMBERLAND COUNTY
No: 08-6523
CD -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 16 Poplar Street
Wo mleysburg, PA 17043 will be sold by the Sheriff of Cumberland County on
of Sale: September 08, 2010
of Sale: 10:00 a.m.
of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013.
This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 08-6523
in the Court of Common Pleas of Cumberland County by The Bank of New York Trust
Company, National Association, as Successor in Interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI SURF Trust Series 2005-BC2, Plaintiff against James E.
Lut and Tammy I. Luta, Defendant(s). Judgment was entered on December 12, 2008 in the
amount of $166,272.86. The property was seized and taken in execution as the property of
James E. Luta and Tammy I. Luta.
The property to be sold at Sheriff's Sale is described as follows:
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania,
mo?e particularly described as follows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five
ten s (68.5) feet east of the northeast corner of Second and Poplar Streets; thence in an easterly
direction along the northern line of Poplar Street, a distance of eighty-one and five tenths (81.5)
feet to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58)
feet thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; and
thence in a southerly direction a distance of fifty-eight (58) feet to the place of Beginning.
HAYING Thereon erected a two and one-half story dwelling house known and numbered as 16
Poplar Street, Wormleysburg, Pennsylvania.
Taxl ID #47-20-1858-181
: 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
unl ss exceptions are filed thereto within ten (10) days after the date of the filing of said
sch dule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil
Act on No. 08-6523. You should check with the Sheriff s Office by calling (717) 240-6390 to
det rmine the actual date of the filing of the schedule. No further notice of the filing of the
S
of Distribution will be given.
R. Thomas Kline, Sheriff of
Cumberland County
A
Y 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
#23584-DN
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel, Esquire
649 South Avenue, Unit 6
Sec e, PA 19018
610-328-2887
Atto ev I.D.# 52634
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPM RGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
ML MI SURF TRUST SERIES 2005-BC2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I. LUTA
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: NO: 08-6523
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of
Wo leysburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described
as fo lows:
BEGINNING at a point on the northern line of Poplar Street, a distance of sixty-eight and five tenths (68.5) feet
east of the northeast corner of Second and Poplar Streets; thence in an easterly direction along the northern line
of Poplar Street, a distance of eighty-one and five tenths (81.5) feet to Pine Alley; thence in a northerly
direction along Pine Alley, a distance of fifty-eight (58) feet: thence in a westerly direction, a distance of eighty-
one and five tenths (81.5) feet; and thence in a southerly direction a distance of fifty-eight (58) feet to the place
of B ginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 16 Poplar Street,
Wo leysburg, Pennsylvania.
: Residential dwelling
Tax Parcel # 47-20-1858-181
TITLE TO SAID PREMISES IS VESTED IN James E. Luta Tammy I. Luta, husband and wife by Deed from
D'A gelo Realty Group, Inc., a Pennsylvania Corporation, dated 7/30/1996 and recorded 8/5/1996 in Record
Boo 143, Page 901.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6523 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, as Successor in interest to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, as Trustee for THE MLMI SURF TRUST SERIES 2005-BC2, Plaintiff (s)
From JAMES E. LUTA and TAMMY I. LUTA
(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 $166,272.86
L.L.
Interest from 12/13/08 to 9/8/10 at 6% - $17,354.55
Atty's Comm % Due Prothy $2.00
Atty Paid $1, oylO.19 Other Costs
Plaintiff Paid
Date: 4/1/10
David D. Buell, P othonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: MARTHA E. VON ROSENSTIEL, ESQUIRE
Address: MARTHA E. VON ROSENSTIEL, PC
649 SOUTH AVENUE, UNIT#6
SECANE, PA 19018
Attorney for: PLAINTIFF
Telephone: 610-328-2887
Supreme Court ID No. 52634
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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
vs.
#23584CAM - DN
Attorney for Plaintiff
q
COURT OF COMMON PLEAS N
CUMBERLAND COUNTY
MW
A
A,
1
'
NO: 08-6523 ?,.
r
JAMES E. LUTA AND TAMMY I. LUTA
Defendant(s)
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 /16 , 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 are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
Martha E. Von Rosenstiel
Attorney for Plaintiff
Dated: March 29, 2010
For Accountable Mail i
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AFFIDAVIT OF SERVICE
PLAINTIFF:
The Bank of New York Trust Company, National Association, as Successor in interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI SURF Trust Series 2005-BC2
COURT OF COMMON! PLEAS
DEFENDANT Cumberland COUNTY
COURT NO. 08-6523
James E. Luta and Tammy I. Luta
SERVE UPON:
James E. Luta
16 Poplar Street
Wormleysburg, PA 17043
n
Z_
TYPE OF ACTION
XX WRIT OF EXECUTION and Notice of Sheriff's Sale
,_r r
C
IV
CJ
GD
.t-
23584-DN
Tj
`:.
r"
F7
a t'?
Defendant personally served.
Adult family member with whom Defendant resides. Manager/Clerk of place of lodging in which
Defendant resides.
Relationship is Agent or person in charge of Defendant's office
Adult in charge of Defendant's residence who or usual place of business.
refused _ Other
to give namelrelationshi .
i,
Description: Age Height 6 f6 _ Weight JDD Race W Sex 144 Other
I?U CA , a competent adult, being duly swom according to law, depose and state that I personally handed
to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale
issued in the captioned case on the date and at the address indicated above.
Sworn to and subscribes{ ICIMG
before me his DSO day Nf)? r+R {?l A3'-'C
of .20 10
NotarytMoved By: L STAT F..;P k nnA[CH 7, 2013
NOTSEIoNL
MY COMMISS. '
On the a 20a t o'clock M., Defendant NO OUND because:
known No Answer Vacant
Date of Attempt:
and
SPECIAL INSTRUCTIONS: please serve defendant personally
or adult in charge of premises
before me this day
of , 200_
Notary: By:
ATTORNEY
Martha E. Von Rosenstiel, P.C.
649 South Avenue, Unit 6
Secane, PA 19018
610-328-2887
,-r
AFFIDAVIT OF SERVICE
PLAINTIFF:
The Bank of New York Trust Company, National Association, as Successor in interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI S URF Trust Series 2005-BC2 C
COURT OF COMMON PLEAS
DEFENDANT Cumberland COUNTY t?'7nc^
COURT
James E. Luta and Tammy I. Luta NO. 08-6523
SERVE UPON:
Tammy 1. Luta
16 Poplar Street
Wormleysburg, PA 17043
SPECIAL INSTRUCTIONS: please serve defendant personally
or adult in charge of premises
TYPE OF ACTIONtr
XX WRIT OF EXECUTION and Notice of Sheriff's Sale
on the -501 'hav of !I-PPL 1 L
23584-DN
rv
C=
b
at
the manner
Defendant personally served.
Adult famil member with whom Defendant resides. Manager/Clerk of place of lodging in which
Dbfendant resides.
Relationship is Agent or person in charge of Defendant's office
Adult in charge of Defendant's residence who or usual place of business.
refused Other
to give nameirelationship.
Description: Age46_ % Height (0'0" Weight 300 Race W Sex Nl Other
1 ICO7V D /L GL a competent adult, being duly sworn according to law, depose and state that I personally handed
to L F-5 1 umd a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale
issued in the captioned case on the date and at the address indicated above.
Sworn to and subscribed
before me t is 30 '/?• day
of A.t L _, 201.
Notary: By:
NO"r SE
On the f 20_, at_
Moved _ Unkn n No Answer
KIMBERLY CURTY
NOTARY PUBLIC
STATE OF NEW JERSEY
MY COMMISSION Eki'IRES MARCH 7, 2013
o'clock _ M., Defendant NOT FOUND because:
Vacant
Date of Attempt:
to
Result:
before me this day
of 200_
Notary: By:
ATTORNEY
Martha E. Von Rosenstiel, P.C.
649 South Avenue, Unit 6
Secane, PA 19018
610-328-2887
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson I ' ~-{{^'~
3' !..'_~'J. '1t.,L
P r rr^ ~, f,
here ~g~~~ip n{ L~tutbirf~ ~ iii ! <G_ `~'~ ~' 's i:~~'~vT~~~~~~
Jody S Smith .~ ~
Chief Deputy ,~' ~, ~~ r ~ ~`,~ -' ~ 1~~;' ~~ ~ 7
Richard W Stewart ~~`; ~ t~ ~ °TM;.~~;1 ,s;.`~ Ct7l~s~ i `r'
Solicitor ~~~'cE '` ' -" `~"~~ ` ` p g
,~u14,4 ~~ty 4~+~E~i ~'e
The Bank of New York Trust Company Case Number
vs. 2008-6523
James E Luta (et al.)
SHERIFF'S RETURN OF SERVICE
06/26/2010 02:08 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-26-2010 at 1403 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of James E. & Tammy I Luta, located at, 16
Poplar Street, Wormleysburg, Cumberland County, Pennsylvania according to law.
08/26/2010 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010
10/01/2010 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010
10/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Von Rosenstiel on 9/29/10
SHERIFF COST: $773.51
October 01, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
~.ob ~~(~ L'o ,
~~ 7~ ~aS
'~` ~~f93Sfr
;cj CountySuite Shentl. TF;leosoti, me
t
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
THE BANK OF NEW YORK TRUST COURT OF COMMON PLEAS
COMPANY, NATIONAL CUMBERLAND COUNTY
ASSOCIATION, AS SUCCESSOR IN
INTEREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE MLMI SURF : No: 08-6523
TRUST SERIES 2005-BC2
Plaintiff
vs.
JAMES E. LUTA AND TAMMY I.
LUTA
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 16 Poplar Street
Wormleysburg, PA 17043 will be sold by the Sheriff of Cumberland County on
Date of Sale: September 08, 2010
Time of Sale: 10:00 a.m.
23584CAM-DN
Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013.
This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 08-6523
in the Court of Common Pleas of Cumberland County by The Bank of New York Trust
Company, National Association, as Successor in Interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI SURF Trust Series 2005-BC2, Plaintiff against James E.
Luta and Tammy I. Luta, Defendant(s). Judgment was entered on December 12, 2008 in the
amount of $166,272.86. The property was seized and taken in execution as the property of
James E. Luta and Tammy I. Luta.
The property to be sold at Sheriff s Sale is described as follows:
~ ,
ALL THAT CERTAI11~f tract or parcel of land and premises, situate, lying and being in the
Borough of Wormleysburg, in the County of Cumberland and Commonwealth of Pennsylvania,
more particularly described as follows:
BEGII~TNING at a point on the northern Line of Poplar Street, a distance of sixty-eight and f ve
tenths (68.5) feet east of the northeast corner of Second and Poplar Streets; thence in an easterly
direction along the northern line of Poplar Street, a distance of eighty-one and five tenths (81.5)
feet to Pine Alley; thence in a northerly direction along Pine Alley, a distance of fifty-eight (58)
feet: thence in a westerly direction, a distance of eighty-one and five tenths (81.5) feet; and
thence in a southerly direction a distance of fifty-eight (58) feet to the place of Beginning.
HAVING Thereon erected a two and one-half story dwelling house known and numbered as 16
Poplar Street, Wormleysburg, Pennsylvania.
Tax ID #47-20-185 8-181
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 Cumberland County Civil
Action No. 08-6523. 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 the 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) 328-28$7
Fax: (610) 328-2875
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6523 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, as Successor in interest to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, as Trustee for THE MLMI SURF TRUST SERIES 2005-BC2, Plaintiff (s)
From JAMES E. LUTA and TAMMY I. LUTA
(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 $166,272.86
L.L.
Interest from 12/13/08 to 9/8/10 at 6% - $17,354.55
Atty's Comm % Due Prothy $2.00
Atty Paid $1; 6~(o.IR
Plaintiff Paid
Date: 4/1/10
(Seal)
REQUESTING PARTY:
Other Costs
Davi D. Buell, Proth notary
By:
Deputy
Name: MARTHA E. VON ROSENSTIEL, ESQUIRE
Address: MARTHA E. VON ROSENSTIEL, PC
649 SOUTH AVENUE, UNIT#6
SECANE, PA 19018
Attorney for: PLAINTIFF
Telephone: 610-328-2887
Supreme Court ID No. 52634
TPtUQ COPY FROM RECORD
ip7>1sWnonywpansot. l hsni unto sat my ftltrN
tend trit tt~l d sad~Carllsla. Ps.
trhis.la.:~., a
~~ , ~
L
On June 14, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Wormleysburg Borough, Cumberland County, PA,
Known and numbered as, 16 Poplar Street,
Wormleysburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
Real Estate Coordin for
t(P11 fe;2 1)?:5t_ o''?'a I ,t+.~a~~:~i1W ~1WtltiSr~'T fl~ --
.s~ ,~!€i:t3J i~: ,tuC;? :..2 b 1~W INi3 brtli
pstanori~N
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 16, July 23, and July 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Writ lfo. 2008-6623 Civil
The Bank of New York Trust
Company National Association,
as Successor in Interest To
JPMorgan Chase Bank, National
Association, As Trustee for the
MLMI Surf Trust Series 2005-BC2
va.
James E. Luta
Tammy I. Luta
Atty.: Martha E. Von Rosenstiel
ALL THAT CERTAIN tract or
parcel of land and premises, situ-
ate, lying and being in the Borough
of Wormleysburg, in the County of
Cumberland and Commonwealth
of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the
northern line of Poplar Street, a dis-
tance of sixty-eight and five tenths
(68.5) feet east of the northeast
corner of Second and Poplar Streets;
thence in an easterly direction along
the northern line of~P n~lar Street a
isa Marie Coyn Editor
SWORN TO AND SUBSCRIBED before me this
0 da of Jul 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLtNS
Notary PuGNc
CARLISLE BOROUGH, CUMBERLAND COUNTY
My CammisaSon Exptna Apr 28, 2014
The Patriot-News Co.
20 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
c~he ~latriot News
Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
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
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
-~~ 07/09110
07/16/10
07/23/10
Sworn to,, ubscribed before me this y f August, 2010 A.D.
_ ~ t,, ~
`~..ti-L~- l ~~ `~ ~ '~> ~.
,- = - _
Notary Public
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5heMe L. Kisner, No~ry Puhl:.
Lower Paxton `tYrP~, i?auphin County
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'drit No. 2008-6523 Civil Term
The Bank of New York Trust
Company National Association,
as Successor in Interest To
JPMorgan Chase Bank, National
Association, As Trustee for the
MLMI SurlTrust$eries 2005-
BC2
Vs
James E Luta
Tammy 1 Luta
Atty: Martha E. Von Rosenstiel
ALL THAT CERTAIN tract of parcel of land and
premises, situate, lying and being in the Borough
of Wormleysburg, in the County of Cumberland
and Commonwealth of Pennsylvania, more
particularlydescribed as follows:
BEGINNING at a point on the northern line of
Poplaz SVeet, a distance of sixty-eight and Eve
tenths (68.5) feet east of the northeast corner of
Second and Poplar Streets; thence in an easterly
direction along the northern line of Poplar Street,
a distance of eighty-one and five tenths (81.5)
feet to Pine Alley; thence in a northerly direction
along Pine Alley, a distance of fifty-eight (58)
fee[: thence in a westerly direction, a distance of
eightyone and five tenths (81.5) feet; and thence
in a southerly direction a distance of fifty-eight
(58) feet to the place of Beginning.
HAVING Thereon erected a two and one-half ,
story dwelling house known and numbered as
16 Poplaz Street, Wormleysburg, Pennsylvania.
IMPROVEMENTS: Residential dwelling
Tax Parcel # 47-2Q-1858-181
TITLE TO SAID PREMISES IS VESTED IN
James E. Luta Tammy I. Luta, husband and wife
by Deed from D'Angelo Realty Gtoup, Inc, a
Pennsylvania Corporation, dated 7/301199b and
recorded 8/5!1996 in Record Book 143, Page
901.
23584- CPG -RD
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
THE BANK OF NEW YORK TRUST
COMPANY, NATIONAL ASSOCIATION,
AS SUCCESSOR IN INTEREST TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
MLMI SURF TRUST SERIES 2005-BC2
Plaintiff
VS.
JAMES E. LUTA AND TAMMY I. LUTA
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 08-6523 fi
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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
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Dated: May 02, 2011