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Home My WebLink About09-6223DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO' TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PR VEERE WFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A r RSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure I' ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure agai0t you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit: Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Them "omes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist hpmeowners in default. Please See the PHFA website http://www.phfa.or_g/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Hp*ne Retention options. 6). Foreclosure Resource Center: http://www.12hiladel]2hiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-231 r via email at homeretention&oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure d/or package you requested will be mailed to the address that you request or faxed if you leave a messagi -, with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fei who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 86 1FC. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action tolstop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DU MORTGAGE CAPITAL, INC., 3815 South West Temple, Salt Lake City, UT 84115. 2. The names and addresses of the Defendants are KELLEY J. LEONE, 1110 Floribunda Lane Mechanicsburg, PA 17055 and MICHAEL J. LEONE, 1110 Floribunda Lane, Mechanicsburg, PA 17055, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On September 16, 2005 mortgagors made, executed and delivered a mortgage upon the Pro rty hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. S NOMINEE FOR FIRST NLC FINANCIAL SERVICES, LLC, which mortgage is recorded n the Office of the Recorder of Deeds of Cumberland County as Book 1925 Page 2153. The mortgage h been assigned to: DU MORTGAGE CAPITAL, INC. by assignment of Mortgage June 12, 200 Instrument# 200819635. The Mortgage and assignment(s) are matters of public record and E re incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 10 (g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those doc ents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set f04 as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due d unpaid for September O1, 2007 and each month thereafter and by the terms of the Mortgage, upon fault in such payments for a period of one month or more, the entire principal balance and all intere due and other charges are due and collectible. I 6. The following amounts are due to Plaintiff on the Mortgage: I' Principal Balance .............. .....................................................................$145,666.00 Interest from 08/01/2007 through 09/30/2008 at 6.5000% .....................$10,970.03 Interest from 10/01/2008 through 03/31/2009 at 9.3675% .......................$6,708.13 Interest from 04/01/2009 through 07/31/2009 at 6.5000% .......................$3,816.79 Per Diem interest rate at $32.14 Reasonable Attorney's Fee at 5% of Principal Balance I as more fully explained in the next numbered paragraph ...................$7,283.30 Late Charges from 09/01/2007 to 08/31/2009 .......................................... $1,081.46 Monthly late charge amount at $47.02 Costs of suit and Title Search ...................................................................... $900.00 Total Fees ......................................................................................................$278.91 Escrow Advance ......................................................................................$9,290.06 Recoverable Balance .................................................................................$1,182.84 $187,177.52 I' 7. I' If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above in be less than the amount demanded based on work actually performed. The Attorney's Fees request are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorne s fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party p haler at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the am t demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in Mrsonam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the (Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of th Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of suc notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face m g within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Cons er Credit Counseling Agency. III WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $187b483.19, together with interest at the rate of $32.14, per day and other expenses, costs and charges incurred the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsyly is law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the roperty. By: CK McCAFFERTY & WKEEVER I HAEL T. MCKEEVER, ESQUIRE ATT NEY FOR PLAINTIFF II II II' ?I II VERIFICATION I 1, PAUL LANGFORD , as the representative of Select Portfolio Seivicing Inc., as Attorney in fact for the Plaintiff corporation within named do hereby verify th4'II am authorized to and do make this verification on behalf of the Plaintiff corporation and the f44ts set forth in the foregoing Complaint are true and correct to the best of my knowledge, informat4 and belief. I understand that false statements therein are made subject to the penalties of 18 Poi C.S. 4904 relating to unworn falsification to authorities. Date: L,, 2? I' Select Portfo ervicmg Inc. PAUL LANGFORD Document Control Oiflcer #86031 FC - KELLEY J. LEONE and MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 I' I I' E?hibit.X snwt.:tl a M& 900 COMM&M place at pt XmL of lewd attests is VOW &LIM i+dsnsbip. Lvs6sr7.abd assets, PROODYlwsnta, Race pas'tica).arly baaeded aed described as f0uanr to Witt Ms 17 at a point is the nartbern Una of llegibe•is Leea (So test wjAO), ebteh said point is In t" dirisiee lips bomaaw Zahn S2 and a4 as aft m"Aft ft" mention" slas of ystel thanes enteediwg aunt the nerumn lime at llow1moda Lane, secth Ollb p (10) 420300 tiSf-11106 (W) att obw liftp-tivo (ss) ,scones Seat, 79 tut to a Polak at career of Lea 92 as the havaiaalde assUAw" )mitre at Lossl Chance exesmdiM 4104 thO diriaioS 11100 MOD" LOOS 22 Red 22 NO Reid VISA, honk pipe (0) daises fear 141 miantas five (S) aeeende Nast, 134 feet to a pellet at ootaer of 1mt 11 as the hepi10stbor Mentioned Plant at SOhet thesRo satsdW al M4 the diwldee 1102 be then Late 23 and 12 on said Idea, Death algbgr (N) ds0sws tiny-dire (SS) alweta¦ fifty-Hams (05) BOUND& Mast, 75 test to a pellet at eaae2L at tat 24 an am bwalmttw mentioned Plae of Latal tbanno ambsodiwp alone tho divlalam lips batvaea Lets 23 sad 24 am said PLaa, stay alga 49) dagttiss Saar (4) aLmaten lire (51 se0oe1 Nara, 174 Seat to a 00' is the berths= Lisa of norlhUMS Samoa ateeesmetlamad, tt the Psiat Rod Shoo at molNSfe10. Letm Loa 22, slack a an the rum of $"ties 1 00 sssgSSdae, ableh Said visa is reseeded in the tewberlead aaaels amwandar-a aftlas is claw cook 77, L'aPs If. SLEN10 hn10wI and Mnbsr" 0 1110 Platribunda Lava, flesbeplOSbnrOr ReRoaylvenia. DNDiS AND 606MM 4o restrictions, sorsnanta, amditLow and euasnta u tram appear at sward. SIM the sates pmeatsss vhleh MMLOI L. aaahran and Debra L. o00brour his Vito, by mad beerieg data the let eat o; march, 1917, and 27ov1+I ie No office at tba Nmmader of wall" In and for emlbwlaed oessly, SesmaylvRoia, on the 17th Any of Lareh, 1117, In need nook 111, " 114, WwA" and ooneeyed ante Davis w. Denser and L)?dla Dawraw, hie wife. MM nor 42-31-2103-o2o EXhibit (B ACT 91 NOTICE DATE OF NOTICE: 08/10/2009 TAKE ACTION TO SAVE YOUR' HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLEOT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WIL? BE T. USED FOR THE PURPOSE OF COLLECTING T=ris lt ??? .,? _ • _, _?:,.s +ti.s+ .i.. vnf tu2ve an vow defau Lhe a hed Pam Notice explains how the able to helnn save your home - - - - nroerarn works. hearing can camel (717) 7 07 1869 This Notice contains important legal information. If you have any qu .one A may be able to help it. representatives at the Consumer Credit Counseling gencY able You may also want to contact any attorney in your area The local bar association may to help you find a lawyer. afccta su derecho a tinuar La notificacion en adjtmto es de sums importancia, pues viviendo en su casa. Si no comprende el contenido de eats notification obtenga sn os al immediatamente Uamanda eats agencia (Pennsylvania Housing Finance Agency) numero mencionada arnba. Puedes ser elegible para un presto por el programs o "Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su cai# de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEM Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 I 1 I' Notice with you when You meet with the ? Q> acv Date: 08/10/2009 Homeowners Name: KELLEY J. LEONE and MICHAEL J. LEONE Property Address: 1110 Flon'bunda Lase, Mechaniesburg, PA 17055 Loan Account No.: 001163M14 Original Lender. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, ]* , AS NOMINEE FOR FIRST NLC FINANCIAL SERVICES, LLC Current Lender/Servicer: SELECT PORTFOLIO SERVICING HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP OU MACE FUTURE MORTGAGE PAYMENTS I' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY 130 ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND iOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOi* MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY ira PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOS - Under the Act, you are entitled to a ten.1m y may of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) der for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of designated consumer credit counseling agencies listed at the end of this Notice. j DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the cotonne credit counseling agencies listed at the end of this notice, the lender may NOT take action you for thirty (30) days after the date of this meeting. o f at the end of flue Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender ' need' to Y of your intentions. APPLICATION R MORTGAGE ASSMIA?C_E - Your mortgage is in default for ?he reasons set forth later in this Notice (see following pages for specific information about the natcu* pf your default.) You have the right to apply for financial assistance from the Homeowner's Em cY Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeo Emergency Assistance Program Application with one of the designated consumer credit eounse " agencies listed at the end of this Notice. Only consumer credit counseling agencies have appli ns for the program and they will assist you in submitting a complete application to the Penasyl 'am Housing Finance Agency. To temporarily stop the leader from filing a foreclosim action, your 11 application MUST be filed or postmarked within thirty (30) days of your fact to-face meeting j* the counseling agency- YOU SHOULD FILE A HEMAP APPLICATION AS SOON33 DAYS I You HAVE A MEETING WITH A COUNSELAING A?G?N APPATION W1Tg PgRA POSTMARK DATE OF THIS NOTICE N WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPO Y PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, Al EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE" YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BE ! 1R THESE TEME PERIODS. A LATE APPLICATION WILL NOT PREVENT FROM STARTING A FORECLOSURE T? ACTION, BUT BEFORE A ? SHYOUR ERIFF'3 SALE? IS THE II ?I EVENTUALLY APPROVED AT FORECLOSURE WILL BE STOPPED. J,, NCY AGTION_ - Available fiords for cmmvmy mortgage assistance are very *t:d. They will disbursed by the Agency under the eligibility criteria established by the Act. The r Pennsylvama Housing Finance Agency has sixty (60) days to make a decision after it receiv411 application. During that time, no foreclosure proceedings will be pursued against you if You et he time requirements set forth above. You will be notified directly by the Pennsylvania Ho t 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. j (If yon bxn Md hkrapwy ym can adll apply for Emergency lam ?.. Aalsbutee-) HOW TO M T A 3 NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1110 Fleribunda Lane, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 09/01/2007 thru 08/lQaW9 (24 mos. at $940.5Vmonth) $22,572.48 (b) Late charges (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $22,572.48 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS o e date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER CH IS 12M-72 AS PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BE ME DUE DURING THE THIRTY (30) DAY PERIOD. PS"MU must be made either bj i s certified chwk or money order made,VM&Ie and sent to: I SELECT PORTFOLIO SERVICING LOSS MITIGATION DEPARTMENT 3815 South West Temple Salt Lake City, UT 84115 IF YOU NOT CU 3= DEFAULT - If you do not cum the default within THIRTY (30) DAYS of the date of this Notice, accelerate the merge dell This means that the entire outstanding balance of this d:gents considered due immediately and you may lose the chance to pay the mortgage m monthIf full paym ent of the total amount past due is not made within THIRTY (30) DAYS, thso intends to instruct its attorneys to start legal action to IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by Sheriff to pay off the mortgage debt. If the lender refers your case to its attome3% but you cure delinquency before the lender brings legal proceedings against you, you will still be required to y the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal are started against you, you will have to pay all reasonable attorney's fens actually incurred by the 1 even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the 1 , which may also include other reasonable costs. pe you will not be required to mw atteraWs fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid prini?al balance and all other sums due under the mortgage. 4 RIGUf TO CIRE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still under the mort Caring your default to the manner set forth in this notice will restore 4A mortgage to the same position as if you bad never defaulted. 117 EARLIEST POSSIBLE SHERIFF' SALE DATE - It is estimated that the earliest date that ilia a Sheriffs Sale of the mortgaged property could be held would be approximately -four (4) to i to months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will bIth you before the sale. Of course, the amount needed to cure the default will increase the longewait. You may find out at any time exactly what the required payment or action will by contacting leader. IIOW TO CONTACT THE LENDS-_ Nam f Lender: SELECT PORTFOLIO SERVICING Address: 3815 South West Temple Salt Lake City, UT 84115 Phone Number: 888-349-8955 I Contact: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your own 'p of the mortgaged property and your right to occupy it. If you continue to live in the property after he Sheriffs Sale, a lawsuit to remove you and your fiunishings and other belongings could be by the lender at any time. j I' ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or who will assume the mortgage debt, provided that all the outstanding payments, charges and attotn fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are saw ed. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MOR AGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON OUR BEHALF. j I' * 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 FORECLOS i E PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO UCH ACTION BY THE LENDER. I' * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Dgmrtmmt Phone Number. 888-349-8955 ICI' i' III II' I6 HEMAP Consumer Credit Counseling Agencies powthwit" abd:12123MN 1d241 PM wooso r -M fig Cowes b Covent A~ 2198 Uncob Shoat PA. So 5690 WONIMMt PA 17785 570378.!1887 COUNIM County 1lnnrtoan 000 CowtaaRg bwftft 2128wItWhtalft MW NaOOOpamlo PA 18655 088A08.0847 C=ofUa lie --t .:PA 401 UWW Shoat P18rtoa, PA 10610 670.8022227 8009229097 A-- Booker T. Meld slon Carder 1720 I kft d Stoat Eft PA 18608 814:485.6744 GM of Vba%M PA 4402 PawO Stoat Edo, PA 16008 000511.2227 aed 100 000.5112247 atd 100 papMor plon* Bot•ke s. kV"- 213 OOM Shoat -, INM, PA 18336 614937:6460 BOoobr Etta Oweaataft A M f:aemW 1Bwbd 9TI4 Sboot EkO. PA 10001 814AWJ4661 vow Ud wl Loop^ tic. 001 ladkOle AMM Fano6, PA 10121 724981.6910 SL M N Ceder 1701 Paado Shoot Eft PA 10608 814ASU118 gAeE1tl.A11D Cowf4? Adwoo Coa newbOo !bosh JMdlro.kgr 40 E HO Stoat OdblObwS PA 17925 717.374.1618 CCf:B aftSooMe PA 2000 Lkgbd am ROM HwfNbias PA 17107 888.811.2277 888.5111277 i CMmUr ql Aw*m Cowdt aw of CMMt R SO 1514 Dwly Saw! HwddKos PA 17144 7172529767 Lwaow Me. 2820 NOM 881 Shoot Hwd*Lry. PA 17110 7172522707 1lwanoNto ?' 48 PldbdoOiMa Avww Vftpwoboto, PA 17M 717.7629486 PftFA 211 NaM Flom Shoot tMdrbWp, PA 17110 717.T00.8lMO BM2422W ? =CSofWOOMn PA 20001110 - 1"M HanhAUr% PA 17102 000.8112727 880.5112277 Corns w tl Atd M frown bwm of COP" mom 1614 Dann Stoat Hwr dWM PA 17104 7172822M 2320 MOM SM Shoat Hwd& p. PA 17110 7172522207 Opporoaft kw 301 Foot - I , - Shoot Yak PA 17+100 717.42 AMS PWA 211 North FMM 8boat HwrY w& PA 17110 717.7809010 000.3422W DEL,AWAM CGU* Aootn tkowkt8 CapototRon 'Be NOM Broad Shoot PISOdWPA 18130 215.706.1221 Papa 7 sr 1Y ol? 4-F THE 1 ,Ui U A,,.Y 1j S I4 u ? 9 SE-- 5 15 : J d t' a sv?,(.,4l,ly C? .?472y4 C Z30 so b Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor (?r ?Q9S 21 Y N OFFICE F 7 HE S-. RIFF ?i DLJ Mortgage Capital, Inc. vs. Kelley J. Leone Case Number 2009-6223 SHERIFF'S RETURN OF SERVICE 09/16/2009 01:12 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2009 at 1312 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kelley J. Leone, by making known unto Michael Leone, husband of defendant at 1110 Floribunda Lane Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/16/2009 01:12 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2009 at 1312 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael J. Leone, by making known unto himself personally, at 1110 Floribunda Lane Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 September 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff In the Court of Common Pleas of Cumberland County DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 09-6223 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against KELLEY J. LEONE and MICHAEL J. LEONE by default for want of an Answer. Assess damages as follows: $1.89,507.56 Debt Interest from 10/20/2009 to Date of Sale per diem at $32.14 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPEC 1FEDA LEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN INT. I certify that written notice of the intention to file this praecipe was mailed or delivered k m judgment is to be entered and to his attorney of record, if any, after the default occurred and at leate of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. Attorney f Plaintiff I.D. #5 9 AND NOW 0,r - aI c?pp? Judgment is entered in favor of DLJ MORTGAGE CAPITAL, INC. and against KELLEY J. LEONE and MICHAEL J. LEONE by default for want of an Answer and damages assessed in the sum of $189,507.56 as per the above certification. p P othonotary a71 86031FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 7, 2009 TO: KELLEY J. LEONE LEONE, KELLEY J. 1 110 Floribunda Lane Mechanicsburg, PA 17055 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 TO: KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-6223 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 h % ine Ro c Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 86031FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 7, 2009 TO: MICHAEL J. LEONE LEONE, MICHAEL J. 1110 Floribunda Lane Mechanicsburg, PA 17055 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 TO: MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-6223 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 86031FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 7, 2009 TO: KELLEY J. LEONE LEONE, KELLEY J. 1110 Floribunda Lane Mechanicsburg, PA 17055 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 TO: KELLEY J. LEONE I 1 10 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-6223 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL. SERVICES INC R hwine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 86031FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 7, 2009 TO: MICHAEL J. LEONE LEONE, MICHAEL J. 1110 Floribunda Lane Mechanicsburg, PA 17055 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 TO: MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-6223 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, KELLEY J. LEONE, is about unknown years of age, that Defendant's last known residence is 1110 Floribunda Lane Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown 2. That Defendant is not in the Military Allies, or otherwise within the provisions of the val Service of the United States or its ers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL J. LEONE, is about unknown years of age, that Defendant's last known residence is 1110 Floribunda Lane Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown 2. That Defendant is not in the Military or Na Allies, or otherwise within the provisions of the So Congress of 1940 and its Amendments. of the United States or its Sailors' Civil Relief Action of Date: GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 VS. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-6223 ORDER FOR JUDGMENT Please enter Judgment in favor of DLJ MORTGAGE CAPITAL, and MICHAEL J. LEONE for failure to file an Answer in the above actiol defendant is the United States of America) from the date of service of thv against KELLEY J. LEONE ?) days (or sixty (60) days if in the sum of $189,507.56. Michael T. cKeevei Attorney f Plaintiff I hereby certify that the above names are correct and th the precise es ence address of the judgment creditor is DLJ MORTGAGE CAPITAL, INC. 3815 South W st Temple it ake City, UT 84115 and that the name(s) and last known address(es) of the Defendant(s) is/are KELLEY ONE, 1110 Floribunda Lane Mechanicsburg, PA 17055 and MICHAEL J. LEONE, 1110 Floribund e Mechanicsburg, PA 17055; GOLD CK McCAFFERTY & McKEEVER BY: ichael T. McKeever ornev for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $145,666.00 Interest from 08/01/2007 through $23,730.95 10/19/2009 Reasonable Attorney's Fee $7,283.30 Late Charges $1,175.50 Costs of Suit and Title Search $900.00 Escrow Payments Due 2 X $0.00 $0.00 Total Fees $278.91 Escrow Advance $9,290.06 Recoverable Balance $1,182.84 $189,507.56 GOLDBECK Mc FERTY & McKEEVER BY: Michael T. cKeever Attorney for P intiff AND NOW, this 011 5+ day of 12009 damages are assessed as above. S _ 'Plo Prothy r t0 0R O CT 21 ? `i 1? • ,? ?? GU ,_ 1r\.)r : $14% oo Pb A Try( C,& 5oa o 45 e a3a3Wy {.?aEiee. ??ax4.? Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff VS. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagors and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 Defendant(s) No. 09-6223 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: S 4C/,3 Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 w PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-6223 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/20/2009 to Date of Sale per diem at $32.14 (Costs to be added) $189,507.56 77 A Ltl _ Q h Q' <- -- 0 8 $ 8 g? U_j Ci CD - -? ? o p' a U a U pp ? ? ? r7-. O ? ? W ? ? Y ? b •-• NO ?¢ Oa ° da O CIA y s, a a E-4 t .6 or cd W H U '^ AM 2U T CIMILTAI place or partmi at land situate in vow Ades ToMship, cumberland dountl?, Pennsylvania, srsr 1 PwU4101arly bounded ssd describsod an follows, to witi PYtG MAG at a point in the bortborp Una of rlacfbveeL TAne (S0 feat ttU0, *Aah said point Is Ln the dints ieft 1J ps be%wen Lwow 22 ned a4 an %be h ,"Jaafeeer nuatioaed Vim of Later theme a3madiap aloall the plM thava Liao of rloribeads rage, north aioty (10) deed," Luty-five 133) ry a t4ft-fkva (St) ¦+gond'a edge, 7s feet to b poigt at oMUC of Ult 22 Oft ties b sftW ood >lpan of i*e# theme oHL wwiitg szong tke dlri,st 0 Uwe )N*wim Im" 22 at 23 an sAid Plaww, Now" t1 " to) defroas four (1) Ur(alAUM few (5) mado,ds Lost, 1:34 feet to a po$*% ett eox"eAac of lot 11 on WW haxeri"After #ntetioded P.1m of Reset) them a!staadiad aloes/ tho division lips betwaan U*a 23 and 11 as said Plan, Smith .AgMy 18*) degx sm f0lty-fivs { ss ) 7rtuates ilftyrftva (9s) seoandA went, 75 Cast to a point at earner of 24 as the hareinaftwr ment ioned x2aa of gout themm& extend ng s io g the &visian linty hat"Wn Tone 23 and 24 as s&RA .flan, South mows (!) depfass fear 141 laLnuteA five t51 aaooll$C 514'ty 134 feet to a Point In the a ott. '%AIW of !rAmAbu is TAue of receentionadr at the paint and ?laee of neaaWz=. BEING THE SAME PREMISES BY DEED FROM DAVID N. SAWYER AND LYDIA SAWYER, HUSBAND AND WIFE DATED 07/22/99 AND RECORDED 07/26/99 BOOK 204 PAGE 592 GRANTED AND CONVEYED UNTO MICHAEL J. LEONE AND KELLEY J. LEONE, HUSBAND AND WIFE. TAX PARCEL NO: 42-31-2153-030 BEING KNOWN AS 1110 FLORIBUNDA LANE, MECHANICSBURG PA 17055 p Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff IN THE COURT OF COMMON PLEAS vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-6223 AFFIDAVIT PURSUANT TO RULE 3129 DLJ MORTGAGE CAPITAL, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1110 Floribunda Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: UPPER ALLEN TOWNSHIP 100 Gettysburg Pike I? Mechanicsburg, PA DLJ MORTGAGE CAPITAL, INC. AWAITING ADDRESS CAPITAL ONE BANK- USA N.A. 6851 Jericho Turnpike #190 Syosset, NY 11791 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: CHARTER ONE BANK, F.S.B. 1215 Superior Avenue Clevaland, OH 44114 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1110 Floribunda Lane Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best f personal knowledge or information and belief. I understand that false statements herein are made subject to th pe alties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: October 19, 2009 GOLDBEC cCAFFERTY & McKEEVER BY: Mich I T. McKeever, Esq. Attorne for Plaintiff Fit r yfi of rr HMO OCT 21 Pr's 12: cLiI r; ?, Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 09-6223 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of rec d f the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has /6m ied with all the provisions of the Act. Michael T. cKeeve. Attorney r plaintiff r ry- ??r ?71 2009 OCT 21 Piet 12: 59 el 09-6223 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for. Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6223 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONE, KELLEY J. KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Your house at 1110 Floribunda Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,507.56 obtained by DLJ MORTGAGE CAPITAL, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DLJ MORTGAGE CAPITAL, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. r' r 09-6223 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orv,/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-6223 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention( goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 86031 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. J# GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 09-6223 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6223 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONE, MICHAEL J. MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Your house at 1110 Floribunda Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,507.56 obtained by DLJ MORTGAGE CAPITAL, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DLJ MORTGAGE CAPITAL, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 40 You may also be able to stop the sale through other legal proceedings. 09-6223 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: htip://www.philadelphiafed.ory/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 i Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you. still may be able to SAVE YOUR HOME FROM FORECLOSURE. 09-6223 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orp/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiongpoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 86031 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6223 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DLJ MORTGAGE CAPITAL, INC., Plaintiff (s) From KELLEY J. LEONE and MICHAEL J. LEONE (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 $189,507.56 L.L. $.50 Interest from 10/20/09 to Date of Sale per diem at $32.14 -- to be Determined Atty's Comm % Atty Paid $172.00 Plaintiff Paid Date: 10/21/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 a FuLy Supreme Court ID No. 56129 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~: ~ILfi~- ,,r Ronny R Anderson , r1~ T;-'~ F, ;; , _, _,"'~='Y Sheriff ~~r~tr of ~nrnb~~.r~ ~ . Jody S Smith ~' '~ 2~ (~ ~1~ ~ _ ~ ~~~ ~, Chief Deputy ~~ ~`,~ ~i >, Richard W Stewart ~ Gvrvii~ -.. ~~~;~;~ Solicitor c~~~~.~c, ..~s~•s~«~ -,' ~ , -, r: r~ i ..;~ a .~? DLJ Mortgage Capital, Inc. vs. Kelley J. Leone (et al.) Case Number 2009-6223 SHERIFF'S RETURN OF SERVICE 12/21/2009 05:59 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1759 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 Kelly J. & Michael J. Leone, located at, 1110 Floribunda Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/21/2009 05:59 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1759 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kelly J. Leone, by making known unto, Kelley J. Leone, personally, at, 110 Floribunda Lane, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. 12/21/2009 05:59 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1759 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael J. Leone, by making known unto, Kelley J. Leone, wife of defendant, at, 110 Floribunda Lane, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. 02/09/2010 Property sale postponed to 5/5/2010. 05/05/2010 Property sale postponed to 7/7!2010. 06/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michel McKeever on 6130/10 SHERIFF COST: $791.65 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF S~ ~. ~ . ~~ 7~ ~a9 in Coun'.ySuite Sheriff. Teleosoft. Inc. ~ ~ ~ (.~~ 0 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney LD. #56129 Suite 5000 -Mellon Independenc~Center 701 Market Street ~ ~ Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. KELLEY J. LEONE MICI-IAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-6223 AFFIDAVIT PURSUANT TO RULE 3129 DLJ MORTGAGE CAPITAL, INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1110 Floribunda Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): KELLEY J. LEONE l 1 10 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEI. J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: UPPER ALLEN TOWNSHIP 100 Gettysburg Pike I Mechanicsburg, PA DLJ MORTGAGE CAPITAL, INC. AWAITING ADDRESS 1 CAPITAL ONE BANK- USA N.A. 6851 Jericho Turnpike #190 Syosset, NY 11791 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: CHARTER ONE BANK, F.S.B. 121 S Superior Avenue Clevaland, OH 44114 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has la~owledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which inay be affected by the sale. TENANTS/OCCUPANTS 1110 Floribunda Lane Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this aftldavit are true and correct to the best f y personal knowledge or information and belief. I w~derstand that false statements herein are made subject to th pe al ties of l 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 19, 2009 GOLDBEC cCAFFERTY & McKEEVER BY: Mich 1 T. 1\~1cKeever. Esq. Attorne for Plaintiff .f ~~ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever , Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for. Plaintiff 09-6223 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Defendants of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6223 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONE, KELLEY J. KELLEY J. LEONE I I ] 0 Floribunda Lane Mechanicsburg, PA 17055 Your house at 1 ] l 0 Floribunda Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday. March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL .Courthouse to enforce the court judgment of $189,507.56 obtained by DLJ MORTGAGE CAPITAL, INC. against you. NOTICE OF OWNER'S KIGI-ITS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to DLJ MORTGAGE CAPITAL, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-231 1. IN THE COURT OF COMMON PLEAS 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. _i 09-6223 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule wit) state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are f31ed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses. or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httpaiwww.Rhiladelphiafed.orQ/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE. LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I-IELP. LEGAL SERVICI=S INC 8 Irvine Row Carlisle. PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 i Resources available for Homeowners in Foreclosure ACT NOW! 09-6223 Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at l -800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa. org/consumers/homeowners/real . aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(r,~,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 86031 FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in upper Allen Township, Cumberland County, Pennsylvania, .more particularly bounded and described as follows to wit: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide), which said point is in the dividing line between Lots. 23 and 24 on the hereinafter mentioned Plan of Lots; thence extending along the `northern line of Floribunda Lane. North eighty {80) degrees fifty-five (55) minutes fifty-five (55) seconds East, 75 feet to a point at corner of Lot 22 on the hereinafter mentioned Plan of Lot., thence extending along the division line between-Lots 22 and 23 on said Plan; North nine {9) degrees four (4) minutes five (5) seconds west, 134 feat to a point at corner of Lot 11 on the hereinafter mentioned plan of Lot. thence extending along the division line between Lots 23 and l 1 on said plan, South eighty (80) degrees fifty-five (55) minutes. fifty-five (55) seconds- West, 75 feet to a point at comer of Lot 24 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots 23 and 24 on -said plan, -south nine (9) degrees four (4) minutes five (5] seconds .East, 134 feet to a-point in the northern line of Floribunda Lane aforementioned, at the point and Place of BEGINNING. BEING THE SAME PREMISES BY DEED. ROM DAVID N. SAWYER AND LYDIA SAWYER,HUSBAND AND WIFE DATED 07/22/99 AND RECORDED 07/26/99 BOOK 204 PAGE 592, GRANTED AND. CONVEYED UNTO MICHAEL J. LEONE AND KELLEY J. LEONE, HUSBAND AND WIFE. TAX PARCEL NO: 42-31-2153-030 BEING KNOWN AS 1110 FLORIBUNDA LANE, MECHANICSBURG PA 17055 y ~ 4 ~ r. .' • + 09-6223 ~. , GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever ~ ' Attorney LD.#56129 Suite 5000- Mellon Independence Center ' 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 Plaintiff vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Defendant(s~ IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6223 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONE. MtCHAELJ MICHAEL J. LEONE 1 110 Floribunda Lane Mechanicsburg, PA 17055 Your house at 1 ] 10 Floribunda Lane, Mechanicsburg, PA ] 7055 is scheduled to be sold at Sheriffs Sale on Wednesday; March 03, 2010; at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,507.56 obtained by DLJ MORTGAGE CAPITAL, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale ~~~ill be cancelled if you pay to DLJ MORTGAGE CAPITAL, INC.. the back payments; late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our ofl3ce at 215-825-6329 or1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 09-6223 ' `3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping xhe sale. (See notice below on how to obtain an attorney): YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your'property. ' 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You havea right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will. be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back. if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http:ilwww.philadelphiafed.ore~foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT VVI-IERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle. PA ] 7013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 .. ~ 09-6223 .Resources available for Homeowners in Foreclosure ' ACT NOW! ~ ' Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. F 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-86b-413-2311 or via email at homeretention~goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 86031FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as .follows to wit: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide), which said point is in the dividing line between Lots. 23 and 24 on the hereinafter mentioned Plan of Lots; thence extending along the northernline of Floribunda Lanc. North eighty (80) degrees fifty-five (55) minutes fifty-five (55} seconds East; 75 feet to a point at corner of Lot 22 on the hereinafter mentioned Plan of Lot., thence extending alongthe division line between Lots 22 and 23 on said Plan, North nine {9) degrees four (4) minutes five (5) seconds west, 134 feat to a point at corner of Lot 11 on the hereinafter mentioned plan of Lot. thence extending along. the division line between Lots. 23 and. l l on said plan, South eighty (80) degrees fifty-five (55) minutes. fifty-five (55) seconds West, 75 feet to a point at comer of Lot 24 on the hereinafter mentioned Plan of Lots; thence extending along. the division line between Lots 23 and 24 on saidplan, south nine (9) degrees four (4) minutes five (5] seconds.East, 134 feet to a point in the northern line of Floribunda Lane aforementioned, at the point and Place of BEGINNING. BE1NG THE SAME PREMISES BY DEED: ROM DAVID N. SAWYER AND LYDIA SAWYER,HUSBAND AND WIFE DATED 07/22/99 AND RECORDED 07/26/99 BOOK 204 PAGE 592, GRANTED AND. CONVEYED UNTO MICHAEL J. LEONE AND KELLEY 1. LEONE, HUSBAND.AND WIFE. TAX PARCEL NO: 42-31-2153-030 BEING KNOWN AS 1110 FLORIBUNDA LANE, MECHANICSBURG PA 1.7055 y ` r ' e ...10/27/2009.... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6223 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DLJ MORTGAGE CAPITAL, INC., Plaintiff (s) From KELLEY J. LEONE and MICHAEL J. LEONE (1) You are directed to lery 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 $189,507.56 L.L. $.50 Interest from 10/20!09 to Date of Sale per diem at $32.14 -- to be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: 10/21109 (Seal) REQUESTING PARTY: By: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER / d SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Deputy On October 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as 1110 Floribunda Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 27, 2009 ' r ~. Esta e oordinator .: i e a ., ~~ . .. u ., ,, ,. ~ ~ ", -_ ~ = d V PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle 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 regulazly 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: January 22, January 29, and February 5 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 chazacter of publication aze true. Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of February. 2010 C~ ~ ~ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 wm xo. ~-saaa ciu DLJ Mortgage Capital, Inc va. Kelley J. Leone Michael J. Leone Atty: Michael McKeever ALL THAT CERTAIN piece or parcel of land situate in upper Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide), which said point is in the dividing line between Lots. 23 and 24 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of Floribunda Lane. North eighty (80) degrees fifty-five (55) minutes fifty-five (55) seconds East, 75 feet to a point at corner of Lot 22 on the hereinafter mentioned Plan of Lot., thence extending along the division line between Lots 22 and 23 on said Plan, North nine (9) de- greesfour (4) minutes five (5) seconds west, 134 feat to a point at corner of Lot 11 on the hereinafter mentioned plan of Lot.- thence extending along the division line between Lots 23 and 11 on said plan, South eighty (80j degrees fifty-five (55) minutes fifty-five (55) seconds West, 75 feet to a point at corner of Lot 24 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots 23 and 24 on said plan, south nine (9) degrees four (4j minutes five (5] seconds East, 134 feet to a point in the northern line of Floribunda Lane aforementioned, at the point and Place of BEGINNING. BEING THE SAME PREMISES by deed rom David N. Sawyer and Lydia Sawyer husband and wife dated 07/22/99 and recorded 07/26/99 Book 204 Page 592, granted and conveyed unto Michael J. Leone and Kelley J. Leone, husband and wife. TAX PARCEL NO: 42-31-2153- 030. BEING KNOWN AS 1110 FLORI- BUNDA LANE, MECHANICSBURG, PA 17055. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'~e ~latriot News NOW you know 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 Marianne Miller, 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: 01/22/10 7 <. 01/29/10 02/05/10 Sworn to.dnd subscribed before me,thi {~ - Notary Public February, 2010 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shortie L Kisner, Notary Public City Of Harrisburg; Dauphin Courtly My Comrtrission E~ires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Dotok~t CIsyM DW ~.' ,' r .. K~NeY J. a , ~ . . -i~ +~ Aii,'I7iAT CEKl"AIN,piece or ~0. r situate in tipper A$En,'Ibwns¢)p` ~ ~'~' C Penns l~raoaa more ~ ,i , Y apd d~ as ~follYiws` to: wit: is in the g-lira be}Ween' Lois. 23 t`t~id 24 on the tietejnafter mentieited Plan ofN'f.ots; thence exteiiciing along.tho nortACrn lingp~ost' Florfhunda, Lane. North eighty 5.~0) ~seoo fifty-five ASS) ~nntes fifty-five (SS) nds Ease, 7$ foec)o a Po?m at corker of lot 22 on the herefpafiFr axntiorred Plan of;I.ot., ;tlignce' ex$ along thedrvisron find betw~yt,~.ots Z2 a>~ 23 on satst P1pu. Notth nine. (41~'i four ~) minutes five (~ second8 west; 1 'r!' rnentiaoad plan of Lot,- thence e the ~ivisioa Jine lxYween Lots'23 aatl ~,t,o~i, said plan, South ~ghty (80j degr~a,ftlty H mta»tes fifty:-five (Sad secohds West; 73 a the div~sios ' ~ ;~ 24 on said plan,,soutti nine )' ~~mnutes five (5] secoad¢ EapE.~,33~, sec ~, in. the norther; IiRg~ aivrponed, at the pouit `aced ~o ~c r~cEf, Ala dz:3~;atss-oho ; ~ lx- ;ui~A >, , > i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 -1532 215- 627 -1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE No. 09 -6223 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due .SU x ettb J 5 ?.o0 c_13f ',5 (D` r, ILI.coo CX % LOS Interest from 10/21/2009 to Date of Sale per diem at $32.14 (Costs to be added) By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 5.1 9 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 (I). Attorneys for Plaintiff Jill P. Jenkins Pa. ID 306588 $189,507.56 k So,,ivatare, F, f t (0 3/38q7 0 j._;t4 -)6o4n,) � & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC. Plaintiff vs. KELLEY J. LEONE MICHAEL J. LEONE Defendant(s) NO. 09-6223 VERIFICATION OF NON - MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ( "DMDC ") website operated by the United States Department of Defense ( https:// www. dmdc .osd.mil/appj /scra/scraHome.do) for the following individual(s): KELLEY J. LEONE, has a last known residence of 1110 Floribunda Lane, Mechanicsburg, PA 17055. The following information was used to search the DMDC (ck all that apply): X Last Name X First Name X Social Security Number c, 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 1.8 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date BY: KML LAW GROUP, P.C. Michael McKeever Pa. 1I' 5.129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 C Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Apr-03-2014'08:17:32 AM SCRA 3.0 St .ns Report Pursuant to Servicemembers C_ivii. Relief Act Last Name: LEONE First Name: KELLEY Middle Name: J. Active Duty Status As Of: Apr -03 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA K - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA }• No . NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cell -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ^. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. r�- Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Wen.- Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 284EM24AR0A7960 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC. Plaintiff vs. KELLEY J. LEONE MICHAEL J. LEONE Defendant(s) NO. 09-6223 VERIFICATION OF NON - MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his /her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ( "DMDC ") website operated by the United States Department of Defense ( https:// www. dmdc .osd.mil/appj /scra/scraHome.do) for the following individual(s): MICHAEL J. LEONE, has a last known residence of 1110 Floribunda Lane, Mechanicsburg, PA 17055. The following information was used to search the DMDC (check all that apply):? X Last Name ;=E` X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the inR .rnatimw provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date Lits By: /V` . A Y KML LAW GROUP, P.C. Michael McKeever Pa. ID ' 6129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 k Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Apr -03 - 2014 08:19:14 AM SCRA 3.0 Status Report Pursuant to :Sery cemembers Civil Relief Act Last Name: LEONE First Name: MICHAEL Middle Name: J. Active Duty Status As Of: Apr -03 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 4 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status . date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: V8X0M27AU0A9IE0 I. 14, KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 -1.532 215- 627 -1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE (Mortgagor(s) and Record Owner(s)) 1110 Floribunda Lane Mechanicsburg, PA 17055 rti l ,� ° i r.= IQ. 6' C ':-v ;I S ' L VP THE COURT OF COMMON PLEAS Plaintiff Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09 -6223 AFFIDAVIT PURSUANT TO RULE 3129 DLJ MORTGAGE CAPITAL, INC., Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1110 Floribunda Lane Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 171.05 -2675 CAPITAL ONE BANK- USA N.A. 6851 Jericho Turnpike #190 Syosset, NY 11791. UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA 17055 DLJ MORTGAGE CAPITAL, INC. c/o Ilana Zion, Esquire 7035 Lincoln Drive Philadelphia, PA 19119 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 CAPITAL ONE BANK- USA N.A. do James C. Warmbrodt, Esquire/Weltman, Weinberg & Reis, Co., L.P.A. 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 4. Name and address of the last recorded holder of every mortgage of record: CHARTER ONE BANK, F.S.B. 1215 Superior Avenue Clevaland, OH 44114 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS /OCCUPANTS 1110 Floribunda Lane Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my 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. DATED: Bv: KML LAW GROUP, P.C. Michael McKeever Pa. ID 5:' 2 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 3/3M KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (2)5) 627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 VS. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 09-6223 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 09-6223 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONE, KELLEY J. KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Your house at 1110 Floribunda Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2014, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,507.56 obtained by DLJ MORTGAGE CAPITAL, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DLJ MORTGAGE CAPITAL, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 09 -6223 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717 - 240 -6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717 - 240 -6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http: / /www.philadelphiafed.org /foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09 -6223 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717 - 243 -9400 or . 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 -413 -2311 or via email at homeretention @kmllawgroup.com.com. Call Seth at 215- 825 -6329 or fax 215 -825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 86031FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 VS. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 09-6223 • CI 201,1 APR U3: 21 CUI-IBERLPA 'D COUNTY ' \TAHITI, Plaintiff Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 09-6223 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONE, MICHAEL J. MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 Your house at 1110 Floribunda Lane, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2014, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $189,507.56 obtained by DLJ MORTGAGE CAPITAL, INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DLJ MORTGAGE CAPITAL, INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 09-6223 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 7 I 7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (an our client) has filed an Action of Mortgage Foreclosure against you, you still ma be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 7l7-243-9400 nr. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Viui1%]TJZ}`8 website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PT-TEA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at boonorctcodon@bolluwgroop.coonznzo. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 025-63l0or Fax: 2l5-025-04lN. Please reference our Attorney File Number of8603lFC. Pmainfoz/uaciOn en espanol puede communicarse con Loretta al 215-825~6344. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DLJ MORTGAGE CAPITAL, INC. Vs. NO 09-6223 Civil Term CIVIL ACTION—LAW KELLEY J. LEONE, MICHAEL J. LEONE WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $189,507.56 L,L.: Interest FROM 10/21/2009 TO DATE OF SALE PER DIEM AT $32.14 Atty's Comm: Any Paid: $989.65 Plaintiff Paid: Date: 4/7/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Bue , Prothonota Deputy REQUESTING PARTY: Name: SALVATORE FILIPPELLO, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 313897 KML LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff THL PROTH0i4 2014 AUG PH 2: PEN '4 S ,y, , E I,COURT OF COMMON PLEAS 1 VPih! DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Plaintiff Defendant(s) 86031 FC CF: 09/15/2009 SD: 09/03/2014 $189,507.56 of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 09-6223 Andrew Hauck, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) ( ) IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) ( ) ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by KML Law Group, P.C. (copy of green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by KML Law Group, P.C. (copy of receipt(s) for Certified Mail attached). Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respectfully submitted, BY: Andrew Hauck Legal Assistant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC.; et seq. Plaintiff (Petitioner) V. KELLEY J. LEONE; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-6223 Sheriffs Sale Date: 9/3/2014 AFFIDAVIT OF SERVICE ❑ Complaint El Summons El Other: NOTICE OF SALE 1, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I served KELLEY J. LEONE the above process on the 23 day of April, 2014, at 4:25 o'clock, PM, at 1110 Floribunda Lane Mechanicsburg, PA 17055 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: By handing a copy to the Defendant(s) Description: Approximate Age 41-45 Height 5'9 Weight 150 Race WHITE Sex FEMALE Hair BROWN Military Status: ❑./ No ❑ Yes Branch: Commonwealth/State of % ) ) SS: County of i3 c /Ir f ) Before me, the undersigned notary public, this day, personally, appeared duly sworn according to law, deposes the following: ktvcw Cteft I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) rile Ivumner:zsoua i, rC Subscribed and sworn to b this IX day of 44 ., / , 20 Y to me known, who being Case ID #:3958672 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Eric M. Affierbach, Notary Public Washington Township, Berks County My Commission Expires November 18, 2017 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC.; et seq. Plaintiff (Petitioner) V. KELLEY J. LEONE; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-6223 Sheriffs Sale Date: 9/3/2014 AFFIDAVIT OF SERVICE ❑ Complaint ❑ Summons El Other: NOTICE OF SALE I, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor art employee nor relative of a party , and that I served MICHAEL J. LEONE the above process on the 23 day of April, 2014, at 4:25 o'clock, PM, at 1110 Floribunda Lane Mechanicsburg, PA 17055 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * 0 By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides * By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof* * Name: KELLEY LEONE Relationship/Title/Position: Spouse Remarks: Description; Approximate Age 41-45 Height 5'9 Weight 150 Race WHITE Sex FEMALE Hair BROWN Military Status: ONo ❑yes Branch: Commonwealth/State of l4 ) ) SS: County of I36 • Of ) Before me, the undersigned notary public, this day, personally, appeared Key'. In C h a f c duly sworn according to law, deposes me tbllow lig. to me known, who being I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) File Number:8603I FC Case ID 11:3958672 Subscribed and sworn this tr day of 20 COMMONWEALTH OF PENNSYLVANIA MOTAIdAL SEAL Eric M. Afflorbach, Notary Public Washington Township, Berks County My Comrois:ion .xphes November 18, 201 7 Notary Public Name and Address of Sender )0LDBECK QUITE 5000 '01 MARKET STREET 'HILADELPHIA, PA 9106-1532 Check type of mail or service: ❑Certified El Recorded Delivery (International) ❑ COD ❑ Registered ❑ Delivery Confirmation ❑ Return Receipt for Merchandise ❑ Express Mail ❑ Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt ,, Article Number Addressee (Name, Street, Cry, State, & ZIP Code) DOMESTIC RELATIONS OF CUMBERLAND COUNTY -Po Box 320 Carlisle, PA 17013 Postage CHARTER 1215 Superior Clevalard, Fee ONE BANK, Avenue OH 44114 Handling Charge F.S.B. Actual Value if Registered Insured Value Due Sender if COD DC, Fee SC Fee _ SH Fee RD Fee RR Fee 1. 2. PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 TENANTS/OCCUPANTS 1110 Floribunda Mechanicsburg, Lane PA 17055 . 1:_ ;�c: . ..0 i .;: •fir; -�` xt • �. NotEosTq o, o %a� `��so �o `s`�. 79� np O« •� 04 NA., "- "'o • o� s v 3. Harrisburg, PA 17105-2675 -CAPITAL ONE BANK- USA N.A. 6851 Jericho Turnpike #190 Syosset, NY 11791 � m , G 4. Asa 41/ 9_ .; cp `- , o UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA 17055 S. 5. , r. ifi ' 9 - 9106 .. . DLJ MORTGAGE CAPITAL, INC. c/o liana Zion, Esquire 7035 Lincoln Drive Philadelphia, PA 19119 6. DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 '`'�t� 7. CAPITAL ONE BANK- USA N.A. c/o James C. Warmbrodt, Esquire/Weltman, Weinberg & Reis, Co., L.P.A. 436 SEVENTH AVE STE 1400 8. r' PITTSBURGH, PA 15219 Total Numbeof Pieces Listed by Serer /]eceived otal Number of P''ggces at Postlice Postmaster, Per am f receiving employee) See Privacy Act Statement on Reverse PS Form 3877 -P ruary 2002 (Page 1 of 2) Comp! te-py Typewriter nk, or Ball Point Pen 86031 FC Cumberland County Sale Date: 09/03/20 KELLEY J. LEONE & MICHAEL J. LEONE KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 vs. KELLEY J. LEONE MICHAEL J. LEONE Mortgagor(s) and Record Owner(s) 1110 Floribunda Lane Mechanicsburg, PA 17055 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6223 AFFIDAVIT PURSUANT TO RULE 3129 DLJ MORTGAGE CAPITAL, INC., Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1110 Floribunda Lane Mechanicsburg, PA 17055 I .Name and address of Owner(s) or Reputed Owner(s): KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: KELLEY J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 MICHAEL J. LEONE 1110 Floribunda Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CAPITAL ONE BANK- USA N.A. 6851 Jericho Turnpike #190 Syosset, NY 11791 UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA 17055 DLJ MORTGAGE CAPITAL, INC. c/o Ilana Zion, Esquire 7035 Lincoln Drive Philadelphia, PA 19119 DLJ MORTGAGE CAPITAL, INC. 3815 South West Temple Salt Lake City, UT 84115 CAPITAL ONE BANK- USA N.A. do James C. Warmbrodt, Esquire/Weltman, Weinberg & Reis, Co., L.P.A. 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 4. Name and address of the last recorded holder of every mortgage of record: CHARTER ONE BANK, F.S.B. 1215 Superior Avenue Clevaland, OH 44114 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1110 Floribunda Lane Mechanicsburg, PA 17055 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. DATED: August 12, 2014 KML Law Group, P.C. BY: Andrew Hauck Legal Assistant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson n "111)-11)-1:"''j'' 1 ) f 'i_; _ Sheriff i;� ' tl 1� . /� +11 bt atIS31P:f�1 i�fC �lhia'I, Jody S Smith �� # rf Chief Deputy � Richard W Stewart ` " CUMBERLAND (;C�i� i 1 Solicitor -:: „� Mn � PENNSYLVANIA DLJ Mortgage Capital, Inc. vs. Case Number Kelley J. Leone (et al.) 2009-6223 SHERIFF'S RETURN OF SERVICE 06/16/2014 03:15 PM-Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1110 Floribunda Lane, Mechanicsburg, PA 17055, Cumberland County. 08/27/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", SHERIFF per letter of instruction from Attorney. COST: $958.31 SO ANSWERS, ic) August 27, 2014 RONR ANDERSON, SHERIFF l��r '1,76 9' i3/63717 CounIySu.ie Sheriff. i esef;..rsc. On May 19, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Known and numbered as, 1110 Floribunda Lane, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 19, 2014 By: C_Aav Real Estate Coordinator • LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2009-6223 Civil SOLD as the property of Michael • J. Leone and Kelley J. Leone, Hus- DLJ MORTGAGE CAPITAL, INC. band and Wife. vs. TAX PARCEL#42-31-2153-030. Being The Same Premises which KELLEY LEONE l J. Leone David N. Sawyer and Lydia Sawyer, MichaeHusband and Wife by Deed Dated Atty.: Michael McKeever 07/22/99 And Recorded 07/26/99 ALL THAT CERTAIN piece or in Cumberland County in Deed Book parcel of land situate in Upper Al- Volume 204 at Page 592, Granted len Township, Cumberland County, And Conveyed Unto Michael J. Le- Pennsylvania, more particularly one And Kelley J. Leone, Husband bounded and described as follows And Wife. to wit: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide), which said point is in the dividing line between Lots 23 • and 24 on the hereinafter mentioned Plan of Lots;thence extending along the northern line of Floribunda Lane North 80 degrees55 minutes 55 sec- onds East,75 feet to a point at corner of Lot 22 on the hereinafter men- tioned Plan of Lots;thence extending along the division line between Lots 22 and 23 on said Plan, North 09 degrees 04 minutes 05 seconds West, 134 feet to a point at corner of Lot 11 on the hereinafter mentioned plan of Lots;thence extending along the divi- sion line between Lots 23 and 11 on said plan,South 80 degrees fifty-five 55 minutes 55 seconds West,75 feet to a point at corner of Lot 24 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots 23 and 24 on said Plan, South 09 degrees 04 minutes 05 seconds East, 134 feet to a point in the northern line of Floribunda Lane aforementioned, at the point and place of beginning. • IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY Upper Allen Town- ship. BEING PREMISES: 1110 Flo- ribunda Lane, Mechanicsburg PA 17055. 65 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 11, July 18 and July 25, 2014 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. LrMarie oyne, Edito SWORN TO AND SUBSCRIBED before me this da of Jul 2014 ( / 11/1 • A. _a Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 patriotXcws IP 1900 Patriot Drive the pat ., R9echanicsburg, PA 17060 Inquiries - 717-255-8213NOW 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 Amy Kotula, 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 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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. 2 -6223 Civil Term OW ORTGAGE CAPITAL, This ad ran on the date(s)shown below: INC., vs. 07113114 KELLEY J.LEONE 07/20/14 Michael J.Leone Atty:Michael McKeever W 07/27/14 ALL THAT CERTAIN piece or f�'� '�`�.-�parcel of land situate in Upper Allen . V Township, Cumberland County, ' Pennsylvania, more particularly bounded and described as follows to , Sworn to and subscribed before me this 20 day of August, 2014 A.D. wit: BEGINNING at a point in the 1 4410 northern line of Floribunda Lane f 1n i \/33-u______ (50 feet wide), which said point • / No.ary Pi>I is in the dividing line between bliC Lots 23 and 24 on the hereinafter COMMONWEALTH OF PENNSYLVANIA mentioned Plan of Lots; thence NOTARIAL SEAL extending along the northern line of Sheryl Marie Leggore,Notary Public 55ominute Lane Norsk as degrees Hampden Twp.,Cumberland County minutes 55 seconds East, 75 feet to a point at corner of Lot 22 on My Commission Expires July 15,20IS the hereinafter mentioned Plan of KISER,PENNSYLVANIA ASSOCIATION OF NOTARIcS Lots; thence extending along the division line between Lots 22 and 23 on said Plan, n, v7•degrees 04 minutes 05 seconds West, 134 feet to a point at corner of Lot 11 on the hereinafter mentioned plan of Lots; i d•-",o pvl nfliw,.alneo .be divicinql