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HomeMy WebLinkAbout10-2943F! ?100 )P TLI!: 2019H11. Y _3 Pri 2: G3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U. S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank N. A., as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006- FF18 CIVIL DIVISION NO. lb - ag43 al,i l e-t1'1 COMPLAINT IN MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE Plaintiff, vs. Matthew Thomas and Michelle Thomas Filed on behalf of Plaintiff Counsel of record for this party: - uuis P. Vitti, Esquire PA I.D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 Defendants. TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By: IS/Louis `l. -VM Attorney for Plaintiff O qa. oo Po AT'r'( erc" ( I s/10( 12 a q/3o0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U. S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank N. A., as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-FF18 Plaintiff, vs. Matthew Thomas and Michelle Thomas Defendants. No. COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a National Association duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 150 Allegheny Center Mall, Pittsburgh, PA 15212. 2. The Defendant(s) is/are individuals with a last known mailing address of 22 Longstreet Drive, Carlisle, PA 17013. The property address is 22 Longstreet Drive, Carlisle, PA 17013 and is the subject of this action. 3. On the 31 st day of October, 2006, in consideration of a loan of One Hundred Forty Eight Thousand Eight Hundred and 00/100 ($148,800.00) Dollars made by Mortgage Electronic Registration Systems Inc. (MERS) as nominee for Nationpoint, a division of National City Bank, to Defendant(s), the said Defendant(s) executed and delivered to Mortgage Electronic Registration Systems Inc. (MERS) as nominee for Nationpoint, a division of National City Bank. a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Mortgage Electronic Registration Systems Inc. (MERS) as nominee for Nationpoint, a division of National City Bank, as mortgagee, which mortgage was recorded on the 2nd day of November, 2006, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1971, page 3307. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A" ATTACHED HERETO. 5. Subsequently, Mortgage Electronic Registration Systems Inc. (MERS) as nominee for Nationpoint, a division of National City Bank assigned to U. S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank N. A., as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-FF18, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on April 26, 2010 at Instrument No. 201010398. The said assignment is incorporated herein by reference. 6. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 7. Since January 1, 2010, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagee's intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 9. The amount due on said mortgage is itemized on the attached schedule. 10. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property at the time of the filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Sixty Seven Thousand Nine Hundred Sixty Seven and 07/100 ($167,967.07) with interest and costs. Respectfully submitted, LOUIS P VITTI & ASSOC., P.C. BY: ui . Vitti, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 147,960.87 Interest @ 7.4000% from 12/01/09 through 4/30/2010 4,499.63 (Plus $29.9975 per day after 4/30/2010 ) Late charges through 4/27/2010 0 months @ 47.10 Accumulated beforehand 855.84 (Plus $47.10 on the 17th day of each month after 4/27/2010 ) Attorney's fee 7,398.04 Escrow deficit 7,252.69 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 167,967.07 Eai;t1Nt "A" ?r.?T c?rr.?th ? ? ?„? ?wu?t wtlh i and waaprtrvenaanW ?+ ?+.ltaagr, ahoate ? 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PA.as 3 aed athar wand ot]Goifas and catopoukK man ohm Dail W Ow 14 1* 37 dwm t3 =*AN 00 .bone, MK d"W"04 to s pairs ORA Lai S12S. It wwWftred Lat /133 bu* S8 chap = 4I > I* mm* strut„ a ditm a! LtO 0 he to a pout oa the Waatara RW*.4W* 6aa at dab OI* *ON away bin Waa6,err.j*t.4ft So dL"Smb" D" Saath 1,7 ? a1o a Wire, a dwnmoa aaf lad 34 lire ar a pour. d4a pawn a[ SONG LAg #W Dawn rind giant irlas atWaatz3lam Haiylt? tyrial,,, y?yC=09 ?k wed $ PIM Book 07. Fats 7? , is b=" 104. W .. MI*AM BML=r W Deal"otBat'mgad WV Ri*kdm bt "diwirionAwdWitAsr**1W*Akdtq,eDenlrnleri6,iM,=draaardiein *a AW , ft*4d3.p*Fptl7t. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. L s . Vitti Dated: April 29, 2010 1='11.~Q-'i~E t'~F THE P~ -~,-r%f,;~;TAAY 20l0 JUG! 24 PM 1 ~ ~5 ClJ11l~/~~..,,:' iti~1L7 ~~vVs ~Ci'•1~``a~i!LV~I`~It'! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank, National Association, as successor trustee to Bank of America, N.A., as successor by merger to Lasalle Bank N.A., as trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006- FF18, CIVIL DIVISION NO. 10-2943 PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAII.ING AND AFFIDAVIT OF NON- MILITARY SERVICE Plaintiff, vs. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Matthew Thomas and Michelle Thomas Defendants. Counsel of record for this P~Y~ Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 $ I~.Ob PD ATr/ ~* 18 ass ~~ a~yayy ~f+ea, ~.~A~.eo~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, vs. MATTHEW THOMAS AND MICHELLE THOMAS, NO: 10-2943 Plaintiff, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $169,556.93, in favor of the U.S. Bank, National Association, et al, Plaintiff in the above-captioned action, against the Defendants, Matthew Thomas and Michelle Thomas and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 12/01/2009-06/22/2010 (Plus $29.9975 per day after 4/30/2010) Late charges (Plus $47.10 per month from 4/27/2010-12/08/2010 $329.70) Attorney's fee Escrow Deficit (Plus any additional charges that maybe incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff s sale) Total Amount Due $147,960.87 6,089.49 855.84 7,398.04 7 25„ 2.69 5169.556.93 The real estate, which is the subject matter of the Complaint, is situate in Wertz Run Heights, North Middleton Township, Cumberland County. Commonwealth of Pa. HET a dwg k/a 22 Longstreet Drive, Carlisle, PA 17013. Parcel # 29-OS-0429-016. _ . Vitti, Esquire y for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, vs. MATTHEW THOMAS AND MICHELLE THOMAS, Defendants. CERTIFICATION OF iVLAii ING NO: 10-2943 I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on June 9, 2010, giving ten (10) day notice that judgment would be entered should no action be taken. VITTI AND VITTI AND ASSOCIATES, P.C. BY: . Vitti, Esquire y for Plaintiff SWORN to and subscribed before me this 22nd day col~tox~TH of ~rrsnvnraA NOTARIAL SEAL Helen Boyce, Nota{y, pudic of June, 2010. City of Pittsburgh, Allegh~y County M commission ex ' Ma 04, 2014 Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS ) NO: 10-2943 SUCCESSOR TRUSTEE TO BANK OF AMERICA, ) N.A. AS SUCCESSOR BY MERGER TO LASALLE ) BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN ) MORTGAGE LOAN TRUST, MORTGAGE LOAN ) ASSET-BACKED CERTIFICATES, SERIES 2006-FF18, ) Plaintiff, ) vs. ) MATTHEW THOMAS AND MICHELLE THOMAS ) Defendant. 1 IMPORTANT NOTICE TO: Matthew Thomas Michelle Thomas 22~Longstreet Drive Carlisle, PA 17013 Date of Notice: June 9, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TI A S ~ S, PC BY: is P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AhTD SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Service Members Civil Relief Act of 2004 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. In the alternative, should the defendant(s) be currently serving in the military the Service Members Relief Act does not apply as the mortgage in question did not originate before the period of the Service Members military service and is secured by a mortgage pursuant to 50 U.S.C. App §533 formerly cited as 50 U.S.C. App §532 (a)(1)(2). This Affidavit is made under the provisions of the Service Members Civil Relief Act of 2004. SWORN to and subscribed before me this 22nd day of June, 2010. FldeaBoyr~: r~u6 otary Public ~`it.E~-:.''e rt'~C ~~~ ~~ 1'3•x^ E i`~~'~'!~~ `~Y ZQ 10 ~~~ ~ ~ Pi'{ CUM'~.~ ~= '-~~.~1~~t~n r i~q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank, National Association, as successor trustee to Bank of America, N.A., as successor by merger to Lasalle Bank N.A., as trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006- FF18, CIVIL DIVISION NO. 10-2943 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Plaintiff, vs. Matthew Thomas and Michelle Thomas Defendants. O ~d+l•, oo P p AT'N X14. yo CBF" qa, oo ~~ I~F.oo '" oZ.50 18t.gD "Pp nn^f ~a.oo fk~eCo •5o u. c* ~a35a e,+" a ~rya.~t y ~ ~~ Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this p~Y~ Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, vs. MATTHEW THOMAS AND MICHELLE THOMAS, NO: 10-2943 Defendants PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLO U F TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $169,556.93 Interest 6/23/2010-12/08/2010 4 56 Total 5174.239.49 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in Wertz Run Heights, North Middleton Township, Cumberland County. Commonwealth of Pa. HET a dwg k/a 22 Longstreet Drive, Cazlisle, PA 17013. Pazcel # 29-OS-0429-016. Vitti, Esquire for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF ~iJTION ~~C((apti~o~n~:y fin,,, pp ,, ~~ 99 ~~ ~~ Q ( ) Confessed Judgment ~.,'UJ ~\7J'1U1~ , `1U~o~~ ~S~V„ V~kl,O~ ~ ~, V.A ~ ( ) Other vs. T1wma~ TO THE PROTfiONC1TARY OF T!-~ SAID COURT: File No. '~ ~ 0~"1~ Amount Due 1 55 Interest ~ `Z.'j ~ - `2 g ~ ~ ~ ,~ Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or?.ginal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described properly of the defendant(s) See attached legal description. PRADCIPE FUR ATTACf~r E~CLTrION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) - - and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Zndex this writ against the garnishee(s) as a lis pendens against real est~~aggt~~e~~of(~ the~de[~fendant(s) described in the attached exhibit. DATE: J"v~'~C~ 0~~~ UW~~ Signature :C ~I -~ . ?rlnt Name Acidre s s 916 Fifth Avenue Pittsburgh, PA 15219 ~ .`,ttor-iey cor: Plaintiff Telechone: (412) 281-1725 ~iIEL~-~uF r ~:;~ ~~~~ ~~~~ 2~ ~~ ~ ~ ~$ CViY+a~..~'.'u~~ ~r~~j~~~ ~c~d~~Yf-Vr~~iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, vs. MATTHEW THOMAS AND MICHELLE THOMAS, Defendants. AFFIDAVIT PURSUANT TO RULE 31291 NO: 10-2943 U.S. Bank, National Association, et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 22 Longstreet Drive, Carlisle, PA 171013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Matthew Thomas 22 Longstreet Drive Michelle Thomas Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None. 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) MERS 2150 North First Street San Jose, CA 95131 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of North Middleton Township Pennsylvania Department of Revenue Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse c/o Robin Soloenberger 5 Hill Drive Carlisle, PA 17013 Office of Chief Counsel PO Box 281061 Harrisburg, PA 17128 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Cazlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 22 Longstreet Drive Carlisle, PA 17013 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. June 22.2010 Date SWORN TO and subscribed before me this 22nd day of June, 2010. (70MMONti~~,L7fH OF PEDIlV3YT,VANIA NOTARIAL SEAL Helen Ho}+ee, ]wotaty Public Sty of Pittsbur~~h, Hilly cq„~y 001E°®' ~ 04,2014 ~E ~'~!~~~~,".'~TAP,Y 20l0 JU'~ 24 Phi ~ ~ ~~ 1-~nat i~ 1 e-~Ji~,i ti~~t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, vs. MATTHEW THOMAS AND MICHELLE THOMAS, AFFIDAVIT Plaintiff, Defendants. NO: 10-2943 I, Louis P. Vitti, hereby certify that as representative of U.S. Bank, National Association, et al, am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. 1 SWORN to and subscribed before me this 22nd day of June, 2010. COI~ONWFALTti uf~ PF.NN.,,~;:~ NOrfARIAL SF~. Helen Boyice, Notary r"ubl#c City ofi` i'ittabucgh, Allagtteaty t M c~mr~i~siou ~, 2~R Notary Public 201flJUN 24 P~f ~: ~5 ~~~~wl~..~~L. ~J~+'t~ ~J~~VI'~ PE~t`~ ~1'l,.Y~~~i,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, vs. MATTHEW THOMAS AND MICHELLE THOMAS, Defendants. NO: 10-2943 I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 22 Longstreet Drive, Carlisle, PA 17013. SWORN TO and subscribed before me this 22nd of ~oriwEALrxoFPOVtvsxcv~ NOTARit1L SEAL June, 2010. Helen ' ~'~ Citl- ~ , Allegheny Calory oommiaion 04 2014 Notary Public .~ NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 J`' ~" ~~ ~~~}t~r1C 10f0 JUN 24 ~~ !: P~~~1~~~~'~.V;~:~t~ ~ _d L% "' S p ~ ~~~ ~ rri - C ~.~~ r't'1 TO: Matthew Thomas r- N ~ Michelle Thomas es ~`.. ~ 22 Longstreet Drive ~ t::~ ~ ~`? ~'' Carlisle, PA 17013 ~ ~ ~. AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 8, 2010 at 10:00 A.M., the following described real estate, of which Matthew Thomas and Michelle Thomas are owners or reputed owners: The real estate, which is the subject matter of the Complaint, is situate in Wertz Run Heights, North Middleton Township, Cumberland County. Commonwealth of Pa. HET a dwg k/a 22 Longstreet Drive, Cazlisle, PA 17013. Pazcel # 29-OS-0429-016. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of U.S. Bank, et al, vs. Matthew Thomas and Michelle Thomas at 22 Longstreet Drive, Cazlisle, PA 17013 in the amount of $169,556.93. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. ' CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer maybe able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. , --~ Lout P. Vitti, Esquire tto ey for Plaintiff fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, vs. MATTHEW THOMAS AND MICHELLE THOMAS, Defendants. LEGAL DESCRIPTION NO: 10-2943 ALL THAT CERTAIN piece or parcel of land with buildings and improvements thereon rected, if any, situate in Wertz Run Heights, North Middleton Township, Cumberland County, Commonwealth of Pennsylvania bounded and described in accordance with Final Subdivision Plan for Phase No. 1 for "Wertz Run Heighs", consisting of seven (7) streets prepared by Hartman & Associates, Inc., dated May 30, 1989, and most recently revised October 1993, a copy of which is recorded in Cumberland County Plan Book 67, page 73, as follows, to wit: BEGINNING at a point, said point being located on the Western Right-of Way line of Longstreet Drive (a 50 foot right-of--way) at the start of a curve connecting. the Western Right-of--Way line of Longstreet Drive with the Northern Right-of- Way of Meade Dr; thence along said curve in a Westerly direction on the arc of a curve, curving to the right, having a radius of 20.00 feet and the arc length of 31.42 feet to a point on the Northern Right-of- Way line of Meade Drive; thence along said Northern Right-of--Way line of Meade Drive North 52 degrees 45 minutes 00 seconds West, a distance of 105.00 feet to a point; thence along the same on an arc of a curve, curving to the right, having a radius of 175.00 feet and an arc length of 25.09 feet to a point at Lot # 121, being part of Wertz Run Heights, Phase 3 and other land of Kollas and Costopoulon; thence along said Lot # 121 North 37 degrees 15 minutes 00 seconds East, a distance of 124.54 to a point on at Lot # 123; thence along said Lot # 123 South 52 degrees 45 minutes 00 seconds East, a distance of 150.00 feet to a point on the Western Right-Of- Way line of Longstreet Drive; thence along said Western Right-Of- Way line of Longstreet Drive South 37 degrees 15 minutes 00 seconds West, a distance of 106.34 feet to a point, the point of Beginning. Being Lot # 122 of the Final Subdivision Plan of Wertz Run Heights, Cazlisle, Cumberland County, Pennsylvania, recorded in Plan Book 67, page 73, in January 1994. Under and Subject to Declaration of Building and Use Restrictions for the Final Subdivision Plan of Wertz Run Heights, dated December 16, 1993, and recorded in Miscellaneous Book 463, Page 1178. Having erected thereon a dwelling known as 22 Longstreet Drive, Carlisle, Pa 17013. Tax Parcel # 29-OS-0429-016. Being the same premises which Robert C. Aungst and Mary F. Aungst, by their deed dated 10/31/2006 and recorded 11!02!2006 in the Recorder's Office of Cumberland County, Commonwealth of Pennsylvania in Deed Book 277, page 2170 granted and conveyed unto Matthew Thomas and Michelle Thomas. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2943 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. BANK, NATIONAL ASSOCIATION, as successor trustee to BANK OF AMERICA, N.A., as successor by merger to LASALLE BANK N.A., as trustee for FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-FF18, Plaintiff (s) From MATTHEW THOMAS and MICHELLE THOMAS (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 $169,556.93 L.L.$.50 Interest from 6/23/10 - 12/8/10 -- $4,682.56 Atty's Comm % Due Prothy $2.00 Atty Paid $181.90 Other Costs Piaintiff .Paid Date: 6/24/10 David D. Buell, Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI AND VITTI AND ASSOC, PC 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-172 5 Supreme Court ID No. 01072 17?„i1? 1 l;LiU CCIUITf :`SYLi't%NI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank, National Association, as successor trustee to Bank of America, N.A., as successor by merger to Lasalle Bank N.A., as trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006- FF 18, CIVIL DIVISION NO. 10-2943 AFFIDAVIT OF SERVICE Code MORTGAGE FORECLOSURE Plaintiff, vs. Matthew Thomas and Michelle Thomas Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Defendants. Vitti and Vitti and Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, VS. MATTHEW THOMAS AND MICHELLE THOMAS, Defendants. NO: 10-2943 I, Louis P. Vitti, do hereby certify that a Notice of Sale has been served upon the Defendants by Sheriff of Cumberland County on November 1, 2010 and all Lien Holders, by Certificate of Mailing, for service in the above-captioned case on July 6, 2010, advising them of the Sheriffs sale of the property at 22 Longstreet Drive, Carlisle, PA 17013 on December 8, 2010. VITTI & VITTI & ASSOCIATES, P.C. BY is P. Vitti SWORN to and subscribed before me this 15th day AIK SO xi uoissm o? Yd of November 2010. ??3 uzq301r?`q2m4sa1•dl0 oggnd ABIoK ` Og ua?aH j 'jVaS'rVjw10R yu?n usRTrzga ao uannntotwso? Notary Public i. A U.S. POSTAL SERVICE CERTIFICATE OF MAILING a p MAY BE USIM FOR DOWESTIC AM WERMTION& L F PROVIDE FOR a15URAME-POSTMASTM h Reoelved From: ,(kN and vlttl and AveoCiates. P.C. 916 FHth Avenue PMtsburah. PA 15219 OM p*m of m *wy mall ddreeeed W Tax Collector of North Middleton Townsh' clo Robin Soloenberger 5 Hill Drive Carlisle, PA 17013 10L U.S. POSTAL SERVICE CERTIFICATE OF MAILING PAG* ed Fmm: Vitt and VIM and Associates. P.C. 916 Fifth Avenue. Plttsbursah. PA 15219 One pion of ordYwy mW tldnsrrsd to: '..(? y Tenant! Occupant 22 Longstreet Drive ? f Carlisle, PA 17013 t dPA? p `fix fee here In stamps meter postage and )st mark. Inquire of ostmester for current e. $' ??1YYYY.15 ? S POSTA SS FIRST-CLASS Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. 150 062S0007061721 15219 0 N U.S. POSTAL SERVICE CERTIFICATE OF MAILING Reookd From: Vottf ane? V,ill and Associates. P.C. 915 Fifth Avenue. PNtaburvh. PA 15219 Orr pwm of ardkwy mW d*nmd to: Pennsylvania Department of Rerfs!nue 15- S Office of Chief Counsel z 1 PO Box 281061 I Harrisburg, PA 17128 PS Form 3617. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR elSURM M-POSTMASTM ReoYwd From: - Vltti and VIW and Associates. P.C. 916 Filth Avenue. Pittsburgh. PA 15219 One plc of oMYrry mW ukkonaed to: Commonwealth of Pennsylvania- DPW PO Box 8016 Harrisburg, PA 17105 Aft fee here m stamps or meter postage and post mark. Inquire of Postmaster for current tea. T? 62S 15219 01M Aft fee here in stamps or meter postage and post mark. Inquire of Postmaster for aurtent fee. .150 r POSTAGE FIRST-CLASS .? 0 o00706V211 N i w _. F.15,o i, r ¢ es STAC;E ' FIRST-CLASS 062S00(A 15219 w t • PS Forrn 3617, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USM FOR DOMESM AM R PROVIDE FOR NIMMIM 1AAI Reosived From: 916 F"th Avenue, P"feb urah. P PERT Oro piece of mdkwy mW addnessd to: ' l?; s ' Clerk of Courts Criminal Civil Division r ; One Courthouse Square Carlisle, PA 17013 rA rurm Oa r r, January "u 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING WY BE USED FOR DMENIX AND RMWOM PROVIDE FOR WOUNANCEPOSTMAMER MAIL, DOES NOT ReosMd Fmm: 916 Fifth Avenue. PMbburah. P A 15219 rriP?F ?s One pros of ordkrry met eddrwsad to: Tax Claim Bureau of Cumberland Cumberland C fh t C Cou ty oun our y ouse One Courthouse Square Carlisle, PA 17013 ro rurm .ao r v, January cuu 1 -'?-.._-- U.S. POSTAL SERVICE CERTIFICATE OF MAILING Y BE USED FOR DOMMMC AM NTERMTOOL AMt. DOES NOT PROVIDE FOR INTER Received Fmm: Yittl and Y1di and As"dates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 ?yF ?r Rs One place of ordinary mail eddrsssed to: R!. f Court of Common Pleas of Cumberland County of r Domestic Relations Division r,?? e PO Box 320 ?y Carlisle. PA 17013 c Affix fee here in stamps or mater postage and post mark. Inquire of Postmaster for current fee. ,v.h M f:ifi;i S POSTAGE FIRST-CLASS 062S0007061721 0 15219 o ' Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. fi S POSTAGE IA l FIRST-CLASS 062S0007061721 15219 a 0 N { Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ?s.15 ? POSTAGE s.. FIRST-CAS y 062SO007?5219 o C N 7 ao ' rJ runn 00 11, January cwt fa , .• U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY IRTIRM10ML MAIL, DOES t= PROVIDE FOR MSURANCE-POSTMASTIER ReoNwd From: - - ,, ,N PIEASq?`? One pats of ordibry mal addreemd m: PA Department of Sheriff Sales ae}h Bureau of Compliance Departm # 281230 Harrisburg, PA 17128-1230 y . ? PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Y BE USIM FOR DOWSM AND 1 PROVIDE FOR INSURANCE4POSTMAS7 MAIL, DOES NOT ER Raaaired Fmm: Vitti and Vito and Asso 916 Fft Avenue, Pktd clatas. P.C. mroh. PA 15219 One waoa of ordirm y mss addresmW to: ti r- y , MERS 2150 North First Street + San Jose, CA 95131 " ff Affix fee hem in stamps or meter postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE N FIRST-CLA $ 2S000706172 15219 Affix fee here in stamps or meta postage and post mark. Inquire of Postmaster for current fee. $1.150 US POSTAGE FIRST-CLASS 062S0007061721 15219: 10 rVnn 10M 1I. January cuu I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4+, /7 X14 3` n US Bank National Association Case Number vs. Matthew Thomas (et al.) 2010-2943 SHERIFF'S RETURN OF SERVICE 10/13/2010 Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1005 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 Matthew & Michelle Thomas, located at, 22 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania according to law. 11/01/2010 08:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michelle Thomas at 22 Longstreet Drive, North Middleton Township, Carlisle, PA 17013, Cumberland County. 11/01/2010 08:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Michelle Thomas, wife, who accepted as "Adult Person in Charge" for Matthew Thomas at 22 Longstreet Drive, North Middleton Township, Carlisle, PA 17013, Cumberland County. 11/30/2010 As directed by Louis P Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/25/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Vitti on 2/25/11. SHERIFF COST: $1,103.24 February 28, 2011 SO ANSWERS, 6Z RON R ANDERSON, SHERIFF x.00 rei -601 - so &t''ey, a7? ('s- 01. G1-1j:"`.y5Wle Sher ff. TE;! In,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS ) NO: 10-2943 SUCCESSOR TRUSTEE TO BANK OF AMERICA, ) N.A. AS SUCCESSOR BY MERGER TO LASALLE ) BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN ) MORTGAGE LOAN TRUST, MORTGAGE LOAN ) ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, ) Plaintiff, ) vs. ) MATTHEW THOMAS AND MICHELLE THOMAS, ) Defendants. ) AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, National Association, et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 22 Longstreet Drive, Carlisle, PA 171013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Matthew Thomas Michelle Thomas Address (Please indicate if this cannot be reasonably ascertained) 22 Longstreet Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None. 19 4. Name andaddress of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) MERS 2150 North First Street San Jose, CA 95131 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of North Middleton Township Pennsylvania Department of Revenue Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse c/o Robin Soloenberger 5 Hill Drive Carlisle, PA 17013 Office of Chief Counsel PO Box 281061 Harrisburg, PA 17128 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle. PA 1701 3 4 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 22 Longstreet Drive Carlisle, PA 17013 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. June 22, 2010 Date SWORN TO and subscribed before me this 22nd day of June, 2010. ?,LTH OF PFl'MSYLVANIA NOT?RTAi, SEAL Helen Boyne, Notaryp"c by Of Pittsbnrph, Eu11 lheny Count t.vian 04.2014 r NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVEL PROCEDURE -3129.1 TO: Matthew Thomas Michelle Thomas 22 Longstreet Drive Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 8, 2010 at 10:00 A.M., the following described real estate, of which Matthew Thomas and Michelle Thomas are owners or reputed owners: The real estate, which is the subject matter of the Complaint, is situate in Wertz Run Heights, North Middleton Township, Cumberland County. Commonwealth of Pa. HET a dwg k/a 22 Longstreet Drive, Carlisle, PA 17013. Parcel # 29-05-0429-016. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of U.S. Bank, et al, vs. Matthew Thomas and Michelle Thomas at 22 Longstreet Drive, Carlisle, PA 17013 in the amount of $169,556.93. Claims against property must-be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU -DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the 'Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the-Court afterthe sale and before the Sheriff has -delivered his-Deed-to-the-property. The Sheriff-will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. % C? Loui P. Vitti, Esquire tto ey for Plaintiff fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006- FF18, Plaintiff, vs. MATTHEW THOMAS AND MICHELLE THOMAS, Defendants. LEGAL DESCRIPTION NO: 10-2943 ALL THAT CERTAIN piece or parcel of land with buildings and improvements thereon rected, if any, situate in Wertz Run Heights, North Middleton Township, Cumberland County, Commonwealth of Pennsylvania bounded and described in accordance with Final Subdivision Plan for Phase No. 1 for "Wertz Run Heighs", consisting of seven (7) streets prepared by Hartman & Associates, Inc., dated May 30, 1989, and most recently revised October 1993, a copy of which is recorded in Cumberland County Plan Book 67, page 73, as follows, to wit: BEGINNING at a point, said point being located on the Western Right-of Way line of Longstreet Drive ( a 50 foot right-of-way) at the start of a curve connecting the Western Right-of-Way line of Longstreet Drive with the Northern Right-of- Way of Meade Dr; thence along said curve in a Westerly direction on the arc of a curve, curving to the right, having a radius of 20.00 feet and the arc length of 31.42 feet to a point on the Northern Right-of- Way line of Meade Drive; thence along said Northern Right-of-Way line of Meade Drive North 52 degrees 45 minutes 00 seconds West, a distance of 105.00 feet to a point; thence along the same on an arc of a curve, curving to the right, having a radius of 175.00 feet and an are length of 25.09 feet to a point at Lot # 121, being part of Wertz Run Heights, Phase 3 and other land of Kollas and Costopoulon; thence along said Lot # 121 North 37 degrees 15 minutes 00 seconds East, a distance of 124.54 to a point on at Lot # 123; thence along said Lot # 123 South 52 degrees 45 minutes 00 seconds East, a distance of 150.00 feet to a point on the Western Right-Of- Way line of Longstreet Drive; thence along said Western Right-Of- Way line of Longstreet Drive South 37 degrees 15 minutes 00 seconds West, a distance of 106.34 feet to a point, the point of Beginning. Being Lot # 122 of the Final Subdivision Plan of Wertz Run Heights, Carlisle, Cumberland County, Pennsylvania, recorded in Plan Book 67, page 73, in January 1994. Under and Subject to Declaration of Building and Use Restrictions for the Final Subdivision Plan of Wertz Run Heights, dated December 16, 1993, and recorded in Miscellaneous Book 463, Page 1178. Having erected thereon a dwelling known as 22 Longstreet Drive, Carlisle, Pa 17013. Tax Parcel # 29-05-0429-016. Being the same premises which Robert C. Aungst and Mary F. Aungst, by their deed dated 10/31/2006 and recorded 11/02/2006 in the Recorder's Office of Cumberland County, Commonwealth of Pennsylvania in Deed Book 277, page 2170 granted and conveyed unto Matthew Thomas and Michelle Thomas. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2943 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. BANK, NATIONAL ASSOCIATION, as successor trustee to BANK OF AMERICA, N.A., as successor by merger to LASALLE BANK N.A., as trustee for FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-FF18, Plaintiff (s) From MATTHEW THOMAS and MICHELLE THOMAS (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 $169,556.93 L.L.$.50 Interest from 6/23/10 - 12/8/10 -- $4,682.56 Atty's Conan % Due Prothy $2.00 Atty Paid $181.90 Other Costs Plaintiff Paid Date: 6124/10 id D. Buell, P othonotary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI AND VITTI AND ASSOC, PC 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 22 Longstreet Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: eal Estate Coordinator 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: October 22, October 29, and November 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 character of publication are true. . ?-? L-- (? U isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2943 Civil US Bank National Association, As Successor Trustee to Bank of America, N.A., As Successor by Merger to LaSalle Bank, N.A., As Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-FF18 vs. Matthew Thomas Michelle Thomas Atty.: Louis P. Vitti ALL THAT CERTAIN piece or parcel of land with buildings and improvements thereon rected, if any, situate in Wertz Run Heights, North Middleton Township, Cumberland County, Commonwealth of Penn- sylvania bounded and described in accordance with Final Subdivision Plan for Phase No. 1 for "Wertz Run Heighs", consisting of seven (7) streets prepared by Hartman & As- sociates, Inc., dated May 30, 1989, and most recently revised October 1993, a copy of which is recorded in Cumberland County Plan Book 67, page 73, as follows, to wit: BEGINNING at a point, said point being located on the Western Right- of Way line of Longstreet Drive ( a 50 foot right-of-way) at the start of a curve connecting the Western Right- of-Way line of Longstreet Drive with the Northern Right-of- Way of Meade Dr; thence along said curve in a West- erly direction on the arc of a curve, curving to the right, having a radius of 20.00 feet and the arc length of 31.42 feet to a point on the Northern Right-of- Way line of Meade Drive; thence along said Northern Right- of-Way line of Meade Drive North 52 degrees 45 minutes 00 seconds West, a distance of 105.00 feet to a point; thence along the same on an arc of a curve, curving to the right, having a radius of 175.00 feet and an arc length of 25.09 feet to a point at Lot # 121, being part of Wertz Run Heights, Phase 3 and other land of Kollas and Costopoulon; thence along said Lot # 121 North 37 degrees 15 minutes 00 seconds East, a distance of 124.54 to a point on at Lot # 123; thence along said Lot # 123 South 52 degrees 45 minutes 00 seconds East, a distance of 150.00 feet to a point on the Western Right-Of- Way line of Longstreet Drive; thence along said Western Right-Of- Way line of Longstreet Drive South 37 degrees 15 minutes 00 seconds West, a distance of 106.34 feet to a point, the point of Beginning. Being Lot # 122 of the Final Sub- division Plan of Wertz Run Heights, Carlisle, Cumberland County, Penn- sylvania, recorded in Plan Book 67, page 73, in January 1994. Under and Subject to Declaration of Building and Use Restrictions for the Final Subdivision Plan of Wertz Run Heights, dated December 16, 1993, and recorded in Miscellaneous Book 463, Page 1178. Having erected thereon a dwell- ing known as 22 Longstreet Drive, Carlisle, Pa 17013. Tax Parcel # 29- 05-0429-016. Being the same premises which Robert C. Aungst and Mary F. Aungst, by their deed dated 10/31/ 2006 and recorded 11 /02/2006 in the Record- er's Office of Cumberland County, Commonwealth of Pennsylvania in Deed Book 277, page 2170 granted and conveyed unto Matthew Thomas and Michelle Thomas. 119 The Patriot-News Co.. 2020 Technology Pkwy Suite 300 - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*0t1WX(W5 Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Markel: 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: 10/15/10 10/22/10 10/29/10 Sworn to and scribed befo'v?e th ( 1O ray -November, -2010 A.D. Notary Public g COMMONWEALTH OF PENNSYi.v,ltiVd f Notarial Seal Ed Shenle L K,lsner, Notary Puci1c Lower Paxton T1ap, Dauphin Counap r"IY Commission E*res Nov. 260 20 t Member, Pennsylvania A? 77 S6ClatlOn r<` 1veG7.nP.- 2Q;§.M3 Chris Term US Do* WVWW Aeeo ton As sucae.ow 1rttk 1o bank of A11W11M Xjo, As SuCoessor byMoW iQ Lataft !tank, NA., jul ' s for First Fra+d , t on Trust, II?ryNI? Certtffeates, Series 2006-FF18 Vs Matthew Thomas Michelle Thomas Atty: Louis P Wtti ALL THAT CERTAIN piece or parcel of land with buildings and improvements thereon rected, 9 any, situate in Wertz Run Heights, North Middleton Township, Cumberland County; Commonwealth of Pennsylvania bounded and described in accordance with Final Subdivision Plim for Phase No. 1 for "Wertz Run Heighs", consisting of seven (7) streets prepared by Hartman & Associates, Inc., dated May 30'. 1989, and most recently revised October 1993, a copy of which is recorded in Cumberland County Plan Book 67, page 73, as follows, to wit: BEGINNM at a point, said point being located on the Western Right-of Way line of l.ongsMt Drive ( a % foot right of-way) at the start of a save wwwctnsg the Western R gbf of-Way line of Longstreet Drive with the Northern Right-of- Way of Meade Dr; thence along said curve in a Westerly direction on the. arc of a curve, curving to the right, having a radius of 20,00 feet and the arc length of 31.42 feet to a point on the Northern Right-of- Way line of Meade Drive; thence along said Northern Right-of-WRY line of Meade Drive North 52 degrees 45 minutes 00 seconds West, a distance of 105.00 feet to a point; thence along the same on an arc of a curve, curving to the right, having a radius of 175,00 feet and an are length of 25.09 feet to a point at Lot # 121, being part of Wertz Run Heights, Phase 3 and other land of Kollas I. a d Costopoulon; thence along said Lot # 121 1 orth37 degrees 15 minutes 00 seconds East, a distance of 124.54 to a point on at Lot # 123; thence along said Lot # 123 South 52 degrees 45 minutes 00 seconds East, a distance of 150.00 feet to a point on the Western Right- Of- Way Ent of Longstie4et Drive; thence along said Western Right-Of- Way line of Lc *igstreet Drive South 37 degrees 15 minutes 00 seconds West, a distance of 106,34 feet to a point, the point of Beginning. Being Lot # 122 of the Final Subdivision Plan of Wertz Run Heights, Carlisle, Cumberland County, Pennsylvania, recorded in PIN Book 67, page 73, in January 1994. Under and Subject to Declaration of Building and Use Restrictions for the Final Subdivision Plan of Wertz Run Heights, dated December 16,1993, and recorded in Miscellaneous Book 463, Page I17& Having erected thereon a dwelling known as 22,Longstreet Drive, Carlisle, Pa 17013. Thx Parcel # 29-OW29-016. Being the same-premises which Robert C. Aungst and Mary E Aungst, by their deed dated 10/31(2006 and recorded 11/02!2006 in the Recorder's Office of Cumberland County, Commonwealth of Pennsylvania in Deed Book 277, page 2170 granted and conveyed unto Matthew Thomas and Michelle Thomas.