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HomeMy WebLinkAbout10-3907 J i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC., Plaintiff, CIVIL DIVISION vs. JOHN P. MANGANELLO; JENNY A. MANGANELLO Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3815 South West Temple P.O. Box 65250. Salt Lake City. UT 84115-4412 AND THE DEFENDANT: 21 Derbyshire Drive Carlisle. PA 17015 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 21 Derbyhire Drive. Carlisle PA 17015 Municipality: South Middleton ATTORNEY FOR PLAINTIFF ATTY FII..E NO.: FCZ 139312 TYPE OF PLEADING CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: DLJ Mort ag`t~e Capital, Inc. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC ~ "T:1 1, T' Scott A. Dietterick, Esquire ~ "' ,~ ; Pa. LD. #55650 '- ~; :~;: Kimberly A. Bonner, Esquin,~ C Pa. LD. #89705 _~ t,, Joel A. Ackerman, Esquire ~` Pa I.D. #202729 ;_;, c~ ~ L ~~, ~ ~~ 7 ~ `_~ ~J -o r -,- .~._ m c, o ....t ~ ~F" 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office~u,zucker olg dberg.com File No.: FCZ- 139312/pl O ~ga.oo PQ ~~Y e~ ~DS~ ~~ a~3~~~ Zucker, Goldberg & Ackerman, LLC FQ-139312 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FCZ-139312 S ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC., Plaintiff, vs. JOHN P. MANGANELLO; JENNY A. MANGANELLO Defendants. CIVIL DIVISION NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC., Plaintiff, CIVIL DIVISION NO.. vs. JOHN P. MANGANELLO; JENNY A. MANGANELLO Defendants. AVISO LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaz accion dentro do los proximos veinte (20) dias despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una compazecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomaz accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propiedad u otros derechos importantes paza usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Baz Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Baz Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800} 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ MORTGAGE CAPITAL, INC., CIVIL DIVISION Plaintiff, NO.: vs. . JOHN P. MANGANELLO; JENNY A. MANGANELLO Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes DLJ Mortgage Capital, Inc., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is DLJ Mortgage Capital, Inc., having its principal place of business at 3815 South West Temple P.O. Box 65250, Salt Lake City, UT 84115-4412. 2. The Defendants, John P. Manganello and Jenny A. Manganello, are individuals whose last known address is 21 Derbyshire Drive, Carlisle, PA 17015. 3. On or about September 28, 2007, John P. Manganello executed a Note in favor of GE Money Bank in the original principal amount of $221,000.00. 4. On or about September 28, 2007, as security for payment of the aforesaid Note, John P. Manganello and Jenny A. Manganello made, executed and delivered to Mortgage Electronic Registration Systems Inc. as nominee for GE Money Bank a Mortgage in the original principal amount of $221,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 31, 2007, Instrument #200741390. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, llC FQ-139312 6. John P. Manganello and Jenny A. Mangello, husband and wife are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about April 19, 2010, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $226,706.30 Interest through 06/03/2010 $6,450.79 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 286.44 Suspense Balance ($- 214.83) Escrow $ 506.94 Total Fees $ 43.86 Recoverable $ 13.85 Total $237,543.35 plus interest on the principal sum ($226,706.30) from June 3, 2010, at the rate of $41.78 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $237,543.35, with interest thereon at the rate of $41.78 per diem from June 3, 2010, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FQ-139312 ZUCKER, GO DB G ACKERMAN, LLC BY: Dated: June 11, 2010 Scott A. Die rick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCZ-139312/pl 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC FCZ-139312 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCZ-139312 .• After Rgcordinq Return To: WNICS~GTGACE CORP . -POST 1 RAND RD • 1~~1~ •105• ORANGE817RG, NX 10962 Attn: (Equity Services) Phone: ( ) - Preparad By: RAtJL LIM GE Moaoy Bank, a federal savings bank 3100 THORNTON AVENUE CERTIFIED COPY OF ORIG1NAl HURHANK, CA 91504 Psop~rty Address: 21 DERIY8HIRE DRIVE CARLIBLE, PA 17015 PIN: 40-09-05-33-052 [Space Above This Line For Recording Dataj - MORTGAGE >IO~xszso s.:,- ~-: >.les7eoi ro.n ~: lias7sol DEFINITIONS 1~: iooi3ssooiias~eoii Words used in multiple sections of this document are defined below and other words are defimed in Sections 3, 11, 13, 18, 20 and 21. l;,ertain rules regarding the usage of words used in this document era also provided in Section 16. (A) "Security Instrument" means this document, which is dated Septanber 28, 2007 ,together with all Riders to this document. (B) "Borrower" is JOFIId P MANGIINELLO AND JENNY A MANGANELLO Borrower is the mortgagor under this Security Instrument. (C') "HERS" is Mortgage Electronic Registration Systems, lnc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. HERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-HERS. (D) "Lender" is t.E Money Bank, a federal savings bank Lender is a federal savings bank organized and existing under the laws of United States of America . Lender's address is 3100 Thornton Ave. , Burbank, CA 91504 (L~ "Note" means the prom'ISSOry note signed by Borrower and dated September 28 , 2007 .The Note states that Borrower owes Lender Txo Hundred Tr-enty-Ono Thousand And 00/100 Dollars (U.S. S 221, 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2037 (Ih "Property" means the property that is dexlibed below under the heading "Transfer of Rights in the Property." R.IYIYSYLVANIA-SmFk Family-Fenale MaelFreddie Mu UNIFORM IN9'1'RUM6Kr Fern ]03f UDl (y~r / of lI pajsrJ DOI:IIQAI OOOilfO?A1.VSJt O!/Oe/f00i ~I INi7 ~~~11r i ~Nyl`~^T+,~~ p1 • iias~soi iias~eoi (G) "Loan" means the debt evidenced by the Note, plus interest, any pttpaytnent charges and late charges due tinder the Note, and ell stuns due under this Security 1 nstrument, phis interest. (H) "Riders" means all Bidets to this Security Instrument that are executed by HraROwer. The following Riders are to be executed by Borrower [check box as applicable): ® Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ®Plenned Unit Ikvelopmeut Rider ^ BiMreekly Payment Rider ^ t-4 Family Rider ^ Other(s) [specifYl (I) "Applicable Law" mearo all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of htw) as well as all applicable final, non-appealable judicial opinions. (.n "Community Association Dtta, Fees, and Assesst®eab' means alt dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium associaton, homeowners association ~ similar organization. (In "Eketroale Funds Traaster" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephotac instrument, computer, or magnetic tape so as to order, instruct, or authorize s financial institution to debit or credit an account. Such term inchldes, but is not limited to, point-of-sale transfers, automated teller machine trsasactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L} "Escrow Items" mt~rts those items that ere described in Section 3. (lV[) "Miscellaneow Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of cwldenulation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (IV) "Mortpge Insurance"means in~uarwe protaxxittg Lender against the Itottpaylnent of, or defauh on, the Loan. (O) "Periodic Pay tent" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RLSPA" means the Real Estate Settlemer-t Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500 as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" evcn if the Loan does not gttalify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that parry has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Seeuriry Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located le the COUNTY of CtAYIDERI.AND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED }IERETO AND WADE A PART ~ HEREOF AND IQ10R+rN A3 E7QiI8IT 'A' . rENNSYLVANIA~Sio=N Fa~pily-Faaek M~dFreddie Mu UNIFORM INS7RUMEN7' Fono 307f LOl (pgs I oJl1 parer) OOCItIC1A2 ooovau.vtx a/~s/toaa ~~(~ ~ S/ K .I~LF~drltl~l~,I II I 11657601 11657801 which currently has the address of 21 DERHYSHIRS DRIVE [street] t;JhRLISLE ,Pennsylvania 17015 ("Property Address': [Cityl [Zip Code] TOGETHER WITH all the improvement now or hereafter erected on the property, and all easarlent, appurtenances, and fixtures now ar hereafter a part of the property. A!l replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property " Borrower understands and agrees that MFRS holds only legal title to the interest granted by Borrower in this Security Irtstrtnrtertt, but, if accessary to comply with law or custom, MFRS (as nominee for Lender sad Lender's successors and assigns) has the right: to exercise ~y or all of those interests, including, but not limited to, the right to foreclose and sell the ~ImrtY: and to take any action required of Lender inchuding, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borower warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT cmrtbines uniform covenants for national use and non-uniform covenant with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidextced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payment due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender es payment under the Note or this Security Insunurtent is returned to Lender unpaid, Lender may require that any ar all subsequent payment due under the Note and this Security Instrument be made in one o r more of the following fornts, as selected by Leader. (a) cash; (b}money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such aback is drawn upon an institution whose deposit are; insured by a federal agency, instrumentality, arentity; or (d) Electronic Funds Transfer. Payment are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 1 S. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lendee may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to it right to refuse such payment or partial payment in the future, but Linder is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of it scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Harrower makes payment to bring the Loart current. If Borrower does not do so within a reasonable period of times, Lender shall either apply such funds ar return them to Borrower. 1f not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No ofFaet or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payment due under the Note and this Security Instrument or performing the covenant and agreement secured by this Security Instrument. Z. Applkation of Payment or Proceeds. Except as otherwise described in this Section 2, all payment accepted and applied by Lender shall be applied in the following order of priority: {a) interest due under the Note; (b) pritcipal dire under the Note; (c) amount due under Section 3. Such payment shalt be applied to each Poriodic Payment in the order in which it became due. Any remaining amount shall be applied first to late charges, second to arty other amount due under this Security Instrument, and then to reduce the principal balance of the Vote. PENNSYLVANIA-Streak Fam~•-Panda MadFradAie Mae UNIFORM IN57RUMENT Fore 30.1! INl pale ! of /Ipgrr~ DO~CUK/N oaanvas.vrx ans/:oos VIII IIITII~~"1~7Gq'i1L~IT.iif IVNf~1~ Il~ • • iias~aoi >`ias~aoi If Linder receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient ffiriount to pay any late charge due, the paymem may be applied to the delinquent payment and the late charge. If more than one Periodic Paymart is outstanding, Linder may apply any payment received from Borrower to the repayment of the Periodic Payma<ts if, and to the extant that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the fill! payment of om or more Periodic Payments, such excess may be applied to any Tate charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. ~Y application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amotrM, of the Periodic Payments. 3. Fonds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds' to provide fa payment of amounts dm for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; {b) leasehold payments or ground rents on the Property, if arey; (c) premiums for any and all insurance required by Lender under Suction S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance ptaniums in accordance with the provisions of Section l0. These items are called "ESC[O W Items." At origination or at any time Burin g the term of the Loan, Leader may require that Carrununity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dims, fees and assessments shall be an Escrow Iran. Borrower shall promptly fuurnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Larder waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender tray require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to bi a covenant and agreement cantaiued in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated fn pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required•under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) riot to exceed the maximum amount a lender can require under RESPA. Larder shalt estunate the amount of Funds due on the bas'ss of current data and reasonable estimates of expenditure;! of ftlture Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lendor, if Lender is an instttution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay die Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower inta~est on the Funds and Applicable Law permits ,,,, Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defimd under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If these is a deficiency of Funds held in escrow, as defined under RESPA, Lender shalt notify Borrower as required by PENNSYLVANIA-Sia~le Fr~ily-F~ede M~dFrsddie Mee UMFOWN INSTRUAIEM Fora 3479 U01 (page t oJ11 page DOCUtIM oo~c~~.vsx w/ss~ioos VIII ~~~~~~ II • • >.>.erao~ iies~so>, ItESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with 1tFSPA, but in no more than l2 monthly payments. Upon payment in full of all sums secured by this Security instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lkns. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security 1nsWment, leasehold paymeMS or ground rents on the Property, if any, and Cotmntmity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay t hem in the manner provided is Section 3. Borrower shall promptly discharge any lien which has priority over this Security Ituttvment unless Borrower: (a) agras in writing to the payment of the obligation secut+ed by the lien in a manner actxptable to Lender, but only so long as Borrower is performing such agreement; (b} contests the lien in good fhith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those pnreeedings are pending, but only until such proceedirrga are concluded; or (c) secures from the holds of the lien an agreement satisfacxory to Lender subordinating the lien to this Security Instrument. If Lender determines drat any part of the Property is subject to a lien which can attain priority over this Security ]trstrtrment, Larder troy giver Borrower a notice identifying rile lien. Within 10 days of the rite on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender rosy require Borrower to pay none-time charge for a veal estate tax verification and/or reporting service used by Lender in connections with this Loan. 5. Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards inchuding, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender' requires pursuant to the preceding sentences can change during tha term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Larder's right to disapprove Borrower's choice, which right shah notbe exercised tuu+easonably. Lender may require Borrower to pay, in connection with this Loan. either. (a) a orre-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrows shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resuhing tiom an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against arty risk, hazard or liability and might provide greater or lesser coverage than was previously in efiect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, u pon notice from Lender w Borrower requesting peytnent. All insurance policies required by Lender anti renewals of such policies shall be subject to Lender's tight to disapprove such policies, shall include a standard mortgage clause, and shall name Larder as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renews! notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss pays. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if oat made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, rENNSI'LVANIA-Silk Fam~y-.Pandt 1-rsdr+~k Mae rAYIFOItM rWS1RUMgry'r Pero X07! IA1 (pear S aJ/J poact) OOC71KlA3 ooaeows.vnc oa~:s~seos ~ ~t~t~l~~~l'.~I~?i'~11 nl iies~soi i>.es~soi any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repay is economically feasible and Lender's security is not lessened. Ihxing such repair and restoratiat period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfatxion, provided that such inspection shall be undertaken promptly. Lender may disbtase proceeds for the ropairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on attch proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid art of the ittsttrrutce proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not ecatomically feasible ~ Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not that due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided Cor k Section 2. If Borrower abandons the Property, Lender tray file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender drat the insttraace carrier has offered to settle s claim, then lender may negotiate and settle the claim. 'lire 30-day period will begin when the notice is given. In either event, or if Larder acquires the Property Hader Sa,tion 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an arrwtmt not to exceed the amourtta unpaid under the Note or this Sectuity InsGntrrtent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Larder may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Irtslrtiment, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at [east one year after the date of occupancy, unless Lender otherwise agrees in writhtg, which cortsatt shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's cortorol. 7. Preservation, Maintenance and Protection of the Property; laspectiona. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing is value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged ttt avoid further deterioration or damage. If insurance or condannation proceeds are paid in connection with damage to, or the taking of, the Property, Borrows shall be responsible for repairing or restoring the Property only if lender has released proceeds for st~h purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. ]f the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable attries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvetnents on the Property. Lender shall give Borrower notice at the time of or prar to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) k connection with the Loan. Material representations include, but aro not limited t0. representations cortcerrting Borrower's oaupancy of the Property as Borrower's principal residence. 9. Protection of ll,euder's Interest in the Property sad Rights Uttder this Security [natrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Irtshument, (b) there is a legal proceedmg that might significantly affect Lender's interest in the Property and/or rights under this Security fTNNSYLVAN[A-SirsM Fawi~--Fsrrk MselFisidle Mre UIRFORM INS7RUMEN7' Fero 303! U01 Qtr 6 o/I~paFr~J DOCtIKMe ooaaors.v:x w/as/loos SIB ~771r'FA.~I~M~~L~~~I~e~,~ q~ • 11857801 11859801 Instrument (such as a proceeding in bsnlwptcy, probate, for condemnation or forfeiture, far enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations}, or {c}Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Property and rights under this Security Itutrumerrt, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (s) paying any sums secured by a lien which has priority over this Security Irlstrume~rt; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrtutlent, including its secured position in a bankruptcy proceeding. Securing the Property inchrdes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty err obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower scarred by this Security Instnrment. These amounts shall bear interest at the Note rate fiom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security )nstlwment is on a leasehold, Borrows shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, widrout the express written consent of Lender, alter or amend the ground leases If Sorrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Larder agrees to the merger in writing. 10. Mortgage Insurance. [f Lender required Mortgage Insurance as a condition of making the Loan, Botmwer shall pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage lnsurarrce coverage required by Lender ceases to be available from the mortgage insurer that previousty provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage irtslrrer selected by Lender. If substantially equivalent Mortgage ]nsurattce coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effort. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer roquire loss rc~ern payntenu if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. !f Lerrder required Mortgage Insurancx as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordanrx with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage lnsuratrce reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to torte, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) W these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiwns). FENNSYLVATf1A-Silk Fenny-Fende Mee/Freddie Mae UNIFORM INSTRUMF.IYI' Perm 30391A1 (pnje 7 of !I pn~~ DOCla~A7 D0CUI~A7.VTX W/25/20DS ~ Ml~~l~Ie~{k~k~~ir'~~~'ll~tl NI • • ilaS7601 116576tH As a result of these agreements, Lender, any purchaser of the Note, another insurer, any roinsurer, any other entity, or any affiliate of any of the foregoing, tray receive (directly ar indirectly) amounts that derive from (or might be characterized as} a portion of Borrower's paymrnts for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance "Further. (a) Any such agreemenb will not affect the amounb that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan Snch agreements will not Increase the amount Borrower will owe for biortgrrge Insurance, aad they wtll not entitle Borrower to any reluod. (b) Any such agreemenb wi0 not affect the rights Borrower has - ii nay -with respect to the Mortgage Insurance under the Homeowners Protectlan Act of 1998 or nay other law. These righb racy include the Nght to txceive certain diseloaares, to request and obtain cancellation o! the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tcrminatiwn. 11. Assignment of Miscelhaeons Proceeds; Forfeiture. Alt Miscellaneous Proceeds aro hertby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is et:atomically feasible and Lender's security is not lesseted. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lrnder has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inapectiar shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursanent or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requira interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceesds. if the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums seLVred by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, deshtction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security [astrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree is writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately beforo the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. My balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately befixe the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are thrn due. If the Property is abandoned by Borrower, or if, after trotice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Patty" meatu the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. PENNSYLV ANrA-Shyk Faiopy-Panere ModProddie Moe UNIFORM PISTRUMF.N'r Form MS! tAr (f~'r B of /I pr+Bes) DOCUIClAt o0g71QA~.vTx W/Zf/2005 ,~~~~ ',~~,I~) • • 11857001 11657801 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided k Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Candor's judgment, pl+ecludea forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security InsOnnttent. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided far in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Wslver. Extension of the time for payment or modifiauion of amortization of the sums secured by this Security Inshtanent granted by Lender to Borrower or any Successor in huerost of Borrower ahaU not operate to rdoase the liability of Borrower or any Successors in Interest of Borrower. Lender shall sot be required let commetrae proceedings against any Successor in Interest of Borrower or to refuse to extend limo for payment ar otherwise modify amortization of the sums secured by this Security lastrumart by reason of any danand made by the original Borrower or any Successors in Interest of Borrower. My forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persotls, entities or Strca~sors in Interact of Borrower or in amounts less than the amount that due, shall not be a waiver of or prrrclude the exercise of any right or ronredy. 13..Ioiat and Several Llsbi6ry; Co-signers; Successor and Assigns Bonnd. Borrower covenants and agrees that Borrower's obligations and IiabiGry shall be joint and several. However, arty Borrower who co- signs this Security [rutnrtmnt but does not execute the Neu (a "co-signer"): (a) is co-signing this Security Instrllmerlt artly to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrurrrart ~ the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Secwiry Instrtrtrretrt. Borrower shall not be released from Borrower's obligations and liability under this Security Insonnnent unless Lender agrees to such releau in writing. 't'he covenants and agreements of this Security Imtrument shall bind (except afa provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services pafomred in connection with Borrower's default, for the purpose of protecting Lender's intuest in the Property arul rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a .prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Imtrument or by Applicable Law. tf the Loan is subject to a Iaw which sets maximum loan charges, and that Iaw is fiaaUy interpreted so that the interest ar other loan charges collected or to be collected is connection with the Loan exceed the permitted limits, then: (s) any such loan charge shall be reduced by the amount necessary to reduce the charge to tln permitted limit; and (b) any sura4 already collected from Borrower which exceeded permitted limits wilt be refunded to Borrower. Larder may choose to make this refund by reducing the principal awed under the Note or by enakiag a direct payment to Borrower. If a rofund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund mask by direct payment to Borrower will r:onstitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices All notices given by Borrower or Lender in connection with this Security instrument must be in writing. My notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fiat class mail or when actually delivered to Borrower's notice address if sent PENNSYLVANIA-Sir{k Femiay-Parade MedFreddie Mee UNIFORM nV97'RUI11EN7' Pere ~a391N1 (pa6r ! eJII pioarsJ DOCIACM9 ooawaa.vsa o•nsnaos 1~ ~~~t'~r~~~ ~~ • • sias~aoi sies~aoi by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires othewiu. The notice addras shall be the Property Address unless Borrower has designated a substitute noticx address by notice to Leader. Borrowe shall promptly notify Lender of Borrower's change of address. if gender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only care designated notice address under Ibis Security Instrumem at any one time. Any notice to Leader shall be given by delivering it or by mailing it by first class mail to Lende's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection wish this Severity Instument shall not be deemed to have been given to Lender until actually received by Leader. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requrremgrt will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevenbttity; Rula of Coaatrnetioo. This Security Irrstnrrtrart shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Severity Instrument aro subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note carflicts with Applicable Law, such conflict shall not affect othe provisions of this Security Instrument or the Note which can be given eff«x without the conflicting provision. As used in this Security Irrstrununr. (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine garde; (b) words in the singular shall mean and include the Plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrtr»rent. t8. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "luterest in the Property" means any Legal or beneficial interest in the Property, including, but not limited to, those beneficial itrterests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a bareficisi interest in Borrowe is sold or transferred) without Lender's prior written consent, Lender may require irnnrediate payment in fuEl of all sums second by this Severity Instrument. However, this option shalt not be exercised by Leader if such excrete is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower rmtice of scceleration. The notice shall provide a period of not teas thaw 30 days from the date the notice is given in accordance with Section i S within which Borrower must pay all sums secured by this Severity Inatrumart. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. t~orrower's Right to Reinstate After Accekntloa. [f Borrower meats certain conditions, Borrower shall have the right to have snforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the lamination of Borrowe's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those cadltiona sit that Borrower: (a) pays Lender all soots which then would be due untie this Security Instrument and the Note as if no acceleation had occurred; (b) cures any default of any other covetmnts or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including but not limited to, reasonable attorneys' fees, property inspection and valuation fats, and other fees incurred for the purpose of protecting Lender's interest le the Property and rights under this Security Instrument; and (d) takes such action as Lender rosy reasonably require to assure that Larder's interest in the Property std rights under this Security. Instrument, and Borrower's obligation to pay the sums secured by this Severity Instrument, shall co retinue utrchanged. Lender may require that Borrower pay such reinstatement stuns and expenses in one or more of the following forms, as elected by Lender: (a) cash; (b) money order, (c}certified check, bank check, treasure's check or cashie's check, provided any such check is draws upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or PENNSYLVANIA-sil~kFull~y-Faa~kM~dPr~ddie MaeIAVIFpRMrNSr7tUlgE[Y1' Foes3WllNr ~egef0y/llpguJ OOf:tilCtA10 ~~p11 ~R11R~, Cam, 1~7R~ 17I~{/p1,111~rr(1Y~ 1~~~,~1 ~jLOI~ IJ~.~N~~ OOCIIIRM.vTII Of/2s/2005 ~1N^A701Mf~01~1fY1r ~iA 0f~~f1H~~RfH1Y~',III) • • 1ias7eoi 11a57a01 (d) Elocironic Funds Transfer. Upon reinstatement by Borrower, this Security lnstrunlertt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servieer, Notice of Grievance. The Note or s partial interest in the Note (together with this Security It>itrtunent} can be sold sae a ttaora times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Sa+~cat") that colkcb Periodic Payments due under the Note and this Security Insttvmad and performs other mortgage loam servicing obligations under the Note, this Seauity Instrulrreot, and Applicable Law. There also might be one or more changes of the Loan Service unrelated to a sale of the Note. !f theca is a change of the Loan Servicer, Borrower will be given written notice of the which will state the name and address of the new Loan Service, the address to which payments atlould be made and any other information ItESPA requires in connection with a notice of transkr of servicing. If the Note is sold and thtreafte the Loan is serviced by a Loan Servieer other than ehe purchaser of the Note, the mortgage klan servicing obligations to Borrower will remain with the Loan Service or be transferred to a successor Loan Servicar and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to eay judicial action (as either an individual litigant or the member of a class) that arises from the other parry's actions pursuant to Wis Security Instrument or that alleges that rho other party has breached any provision of, or any duty owed by reason of, this Security IruArmnellt, until such Borrower or Lender has notified the other party (with audr notice given in compliance with the requirements of Section 1 S) of such alleged breach and afforded the other party hereto a reasonable period attar the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, that lima period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to ame given to Borrows pursuslu to Section 22 and the notice of accxleration given, to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Sabst:aces. As used in this Section Zl: {a)"Hazardous Substances" are those substances defined as toxic or Hazardous substances, pollutants, or wastes by Envirotunetttal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticidal and hecbieides, volatile solvents, nlaterlels containing asbestos or formaldehyde, sad radiosetive materials; (b) "Environments! Law" means federal laws and laws of the jurisdiction wham the Property is located that relate to heahh, sakty or environmental protection; (c) "Environnrerrtal Cleanup includes any response action, remedial action, or removal action, as defined in Environmental Law; sad (d) an "Eavirolumnta! Condition" means a condition that care cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to rotease any Hazardous Substances, on or in the Property. Borrower shalt not do, nor allow anyone else to do, anything affecting the Propexty (a) that is in vialatioa of any Environmental Law, (b) which aeatts an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property o~ small qusatities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazanlous substances in consumer produces). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actaal knowledge, (b) any Environmental Condition, including but not limited to, any spilling, tasking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the Presence, use or rolease of a Hazardous Substance which adversely affects the vacua of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substenc;e affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shat! create any obligation on Lender for an Environmental CIeallup. PEra~19YLVANIA-1i41~k Pallaj-Pa~de MWFrelLk Mae UNIFORM INS'1'RUMLN7' Pins 903911iD1 (pass 11 q~llra~r) DOCUKfAII ~~p~{, 11~~~' -~ayr1~~ ,tl1 DOQAOAU.VSII 00/i!/lOOS ,111 ~` y~i EYAr fR\~~~~ Ollfr,l ill • 7.ies~soi iiss~eoi NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Aecekntioa; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any coveaaat or agreement io this Security Instrument (but not prior to acceleration under Section 18 nnkss Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the detault; (c) when the defaait moat be cured; and (d) that failure to cure the default as specified msy result in acceleration otthe:ums secured by this Security Instrument, foreclosnrc by jndkial procading and sale of the Property. Lender shall further inform Borrower of tht right to reinstate after accekntion sad the right to assert is the forccbsurc proceeding the noes-existence of a dsfaalt or any other defalae of Borrower to aecekntioa and foreelosarc. If the detault is sot cursd as specitkd, Leader at its option may regvke immedhte payment la fall of all sums secured by this Security Instrument without further demand and may foreclose this SecaNty Iastnmrnt by jadkial proceeding. Leader shall be entitled to collect all expenses iacarred is panalag the remedies provided i» this Section 22, including, bnt not limited to, attorneys' fees and costs of title evidence to the e>nent permitted by Applicable Law. 23. Release. Upon paymrnt of all sums secured by this Security lestrument, this Security ]natlvment and the estate conveyed shall terminate and become void. After such occurrence, header shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrtlll>Ent, but only if the fee is paid to a third party for services rerdered and the charging of the fee is perrnitmd under Applicable I,aw. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives sod releases any error or defects in procxediags to enforoe this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy sad sale, and homestead exemption. 2S. Reinstatement Per[od. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the colnlnertcelnent ofbidding at a aherift s sale or other sale pursuant W this Security Instrument. 26. Purchase Mousy Mortgage. if any of the debt secured by this Security Instrwrlent is lent to Borrower to acquire tick to the Property, this Security ftlstrttment shall be s purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an anion of mortgage foreclosure shall be the rate payable from time to time under the Note. PBNNSYLVANIA-~iM Fad1Y-Fa~ale AtadFredlis Mee UNIFORM IN3TRLMLNT Porr~ 30.7! lAl (po;e !? q//fpgr,;1 DOCVKPAI] OOQiIOTIiC.YTIt M/7S/7005 prypry~~~~ [M t~uf pp~ ,IM ~A~'NY~ N I • iias~eoi >.ies~eo>. BY SIGNING B61AW, Borrower accepts and agrees to the terms and covenants contained in this Security Ins,~ument and in any Rider exect;tCQ'6~ Borrower and recorded with it. 1 ~-as-~7 ~rre~r®r - 7CNZ'v tit r~t~,11QT.[11 _ nests .. ~ /•1[ro . nnra . PEMYSYr,VAN1A-Sinfle Fmtily-Facade MaelFeaddia 1-rat UNIFORM INS7`RUMEIY!' Faem 30J71NI (pye 1J ofl/po~e37 DOCUilAll DOC1110)11D.VRJ[ 05/ZS/Z005 ,~I~~~~_ _~nl • iies7eol 11857801 [Space Betow This Line For Acknowledgmeat~ Commonwealth of Peanaylvaaia County of ~Qu~tx. On this the ~ day of ~il ~~ j°~ , beforo me the undersigned officer, personapy appeared `1aT ~ p, ~sn f~-rall~ ~ ~~~~~ A. ~J~~a~ll u known to me (or satisfactorily proven} to 6e the persons} whose name(s) subscribed to the within instnunent and acknowledged that executed the same for the purposes theroin contained. !n witness whereof, I herotmto set my hand and official seal. CCMMp[~yEALTM OF pErINS1flVAN1A t~otartat Ssat ftidmrd J. yy~rn4f1, tJOt+•ry P~Ix ~a~~E ~ ~ ~.n~er, P~v.n~• A.•od.we d aa.rl.• Lim/~ Notary Pnblic Tide of Officer My Commission Expires: CERTIFICATE OF RESIDENCE: l do hereby certify that the correct address of the within-named lender is 3100 Thornton Ava., Burbank, G 91504. Witness my hand this 28th day of Sapt~abor, 2007 . C.~ Agent of Lender -BNNSYLVANIA-Style Fu~ily--R~sds Mwl~nddie Mee i1N[FpAM IN97'RLMt:Nr Rare X03! iNl (pnge !I oJl1 pgss) DOLZR-AN ooanols.v~c a/xs/:oos ~~~~~~}}~~[[~~~~~~{{yy • COMMITMENT SCHEDULE C File Number. 07-1140 ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGi1VNING at an iron pin on the Easterly right-of--way line of Derbyshire Drive a SO foot wide right of way, which point is more particularly located on the dividing line between Lot Nos. 9 and 10 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire Lots 1-39"; thence from said point of beginning along the dividing line between Lot Nos. 9 and l0 on the aforosaid Pian of Lots, North 72 degrees, 13 minutes, OS seconds East, a distance of 118.41 feet to a concrete monument on the property line of other lands of Mayapple Village as shown on the aforesaid Plan of Lots; thence from said concrete monument along the property line of other Lands of Mayapple Village, South 36 degrees, 13 minutes, 4S seconds East, a distance of 148.73 fat to an iron pin on the dividing line between Lot Nos. 10 and 11 on the aforesaid Plan of Lots; thence along said dividing line betwcen Lot Nos. 10 and 1 I, South 8S degrees, 48 minutes, 32 seconds West, a distance of 153.85 feet to an iron pin on the Easterly right-of--way line of Derbyshire Drive; thence along said right-of--way line in a Northwesterly direction along a curve to the left: having a radius of 350.00 feet, an arc distance of 65.09 feet along a chord bearing of North 26 degrees, 35 minutes, 07 seconds West, a chord length of 65.00 feet to an iron pin; thence along a curve to the right having a radius of 200.00 feet an arc distance of 4i.21 feet a chord bearing of North 2b degrees, 03 minutes, 37 seconds West a chord length of 41.14 feet to an iron pin; the place of BEGiNN1NG. CONTAINING 0.3647 acres. BEING Lot No. 10 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire Lots 1- 39", prepared by Staller~Brahm, Engineering and Planning Consultants, dated January 26, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 58, page b8-A. UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet front setback line, a 40 feet rear setback line, and a 10 feet side setback line. ALSO UNDER AND SUBJECT to the restrictions as more particularly set forth in the Declaration of Covenants and Restrictions dated tune 16, 1989, n-ade by 539 Development Company and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on June 16, 1984, in Misc. Book 365; the Supplemental Declaration of Covenants and Restrictions dated October 16, 1989 made by 539 Development Company and recorded October lb, 1989, in Misc. Book 370, page 720; the Amended Supplemental Declaration of Covenants and Restrictions dated October 17, 1990 made by 539 Development Company and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on October 2S, 1990, in Misc. Book 388 page 1089, and to all other restrictions, reservations, setback lines and right of way of record. • COMMITMENT SCHEDULE C (continued) • File Number: 07-1140 BEING THE SAME PREMISES which Gregory A. Amsley and Jennifer A. Amsley, husband and wife, by Deed dated June 10, 1995, and recorded June 20, 1995, in the Office of the Recorder of Deeds in and for the City of Carlisle, County of Cumberland, Pennsylvania, in Book 123, Page 871, granted and conveyed unto John P. Manganello and jenny A. Manganello, husband and wife, their heirs and assigns, in fee. Parcel No: 40-09-05-33-052 VERIFICATION Kimberly A. Bonner, Esquire hereby states that she is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to auth rities Kimberly A. Bonner, Esquire l.~ PA LD..#89705 Dated: ~ / / SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ZQIO JUN 21 AM 9•' ~~' ~$~rrtr Qt ~ainb~r~fi~ '~ '3 .~ GIs, e ~, ,. S~F#t4E GkF .k,c 5~~tIFF DLJ Mortgage Capital, Inc. Case Number I~' vs. '~ John P. Manganello (et al.) 2010-3907 SHERIFF'S RETURN OF SERVICE 06/17/2010 06:48 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1846 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John P. Manganello, by making known unto Jenny A. Manganello, Wife of defendant at 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM BL"AC,iC, DEPUTY 06/17/2010 06:48 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1846 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jenny A. Manganello, by making known unto herself personally, at 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. :~ TIM ~LA~K. DEPUTY SHERIFF COST: $49.40 June 18, 2010 SO ANSWERS, R ANDERSON, SHERIFF (c;. GountySuite Sheriff. Teleosoft. Inc. ~T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYy' ~ ~~ , v ~:a PENNSYLVANIA ,'~ c ~ , ,y r ; - q~ r , DLJ Mortgage Capital, Inc., CIVIL DIVISION ~" ~ ~ -~~ ~' Plaintiff No.: 2010-3907 ~ ~ `: ,~ -; t ~_ - -" • ' i .. vs. ISSUE NUMBER: John P. Manganello; Jenny A. Manganello Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: 21 Derbyshire Drive Carlisle, PA 17015 ~ael r4. ~?cr~ Attorney for Plaintiff DLJ Mortgage Capital, Inc. Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FCZ-139312 ~ I~F.oo AA A'ny ~*~~os9 ~"' aysQB~ IOo~, IJ~,,.~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. CIVIL DIVISION Plaintiff, NO.: 2010-3907 vs. John P. Manganello; Jenny A. Manganello Defendant(s). , PRAECII'E FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), John P. Manganello and Jenny A. Mangello, husband and wife, in the amount of $240,002.34 which is itemized as follows for failure to file an Answer: Principal Interest through 07/26/10 Attorneys' Fees Title Search & Costs Late Charges Suspense Balance Escrow Total Fees Recoverable Total $226,706.30 $8,623.35 $1,250.00 $2,500.00 $ 358.05 ($- 214.83) $ 506.94 $ 43.86 $ 13.85 $240,002.34 plus interest on the principal sum ($226,706.30) additional late charges, and costs (including add costs and for foreclosure and sale of the mortea~ ZUCKER, July 27, 2010, at the rate of $41.78 per diem, plus escrow~vances), additional attorneys' fees and ,LLC Dated: July 26, 2010 ~ By: Scott ietterick, squ PA I.D. #55650 Kimbe ly .Bonner, Esquire; PA I.D. #89705 Joel A. erman, Esquire PA I.D. #202729 Atty File No.: FCZ-139312 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX `Locker. Goldberg & Ackerman, [.,I,C PC7...- 1393 12 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of hislher knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ~ ~;,~ ZUCKER, LLC Dated: July 26, 2010 By: Scott A. etter ck, Esquir , PA I.D. #55650 Kimberl .Bonner, Esquire; PA I.D. #89705 Joel A. A erman, Esquire PA I.D. #202729 Atty File No.: FCZ-139312 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Sworn to and subscribed before me ' 2 (, day of July, 2010 Notary Public My Commission Expires: ~~:..: ~ AR1) ,f. SC AHt: it Ga~ission #383239 Notary-Publpc State of tVgweSerseY MY Comm~~~ Exp Marat~,0~i~ 3014 Zucker. Goldberg & Ackerman, L.LC I'CZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. CIVIL DIVISION Plaintiff, NO.: 2010-3907 vs. John P. Manganello; Jenny A. Manganello Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: John P. Manganello ( ) Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified tha an Order, Decree or Judgment was entered in the above captioned proceeding on 'j~,,~/D ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $240,002.34 plus interest on the principal sum ($226,706.30) from July 27, 2010, at the rate of $41.78 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy Zucker, Goldberg & Ackerman, LLC FCZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. CIVIL DIVISION Plaintiff, NO.: 2010-3907 vs. John P. Manganello; Jenny A. Manganello Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Jenny A. Manganello ( )Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 7 o28 (a ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $240,002.34 plus interest on the principal sum ($226,706.30) from July 27, 2010, at the rate of $41.78 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale the mortgaged premises. eputy Zucker, Goldberg & Ackerman, LL,C FCZ-139312 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ShenA` Jody S Smith Chief Deputy Richard W Stewart SO/1C%tOr ~`M~tr et L~unri~~~?` QifICE OF T~ $1iERIFF ~~ ~ py~'cF~?A'Q.~+f~'f 2Q10 JUN 21 AM ~ 04 ~~~~ ~~+ DLJ Mortgage Capital, Inc. j ~ Case Number John P. Manganello (et al.) 2010-3907 ~ SHERIFF'S RETURN OF SERVICE 06/17/2010 06:48 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to taw, states that on June 17, 2010 at 1846 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John P. Manganello, by making known unto Jenny A. Manganello, Wife of defendant at 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania 17015 ita contents and at the same time handing to her personally the said true and correct copy of the same. DEPUTY 06/17/2010 06:48 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1846 hours, he served a true Dopy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jenny A. Manganello, by making known unto herself personally, at 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM BLACK. DEPUTY SHERIFF COST: $49.40 June 18, 2010 SO ANSWERS, ANDERSON, (c} GountySuile SAerAf. Teleosdl Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. Plaintiff, CIVIL DIVISION vs. Jenny A. Manganello John P. Manganello TO: Jenny A. Manganello 21 Derbyshire Drive Carlisle, PA 17015 DATE OF NOTICE: 7/13/2010 NO.: 2010-3907 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 again you. Unless you act within Ten (1 O) 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 to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Garlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800} 990-9108 (717) 249-3166 (717) 249-3166 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. vs. Jenny A. Manganello John P. Manganello Plaintiff, Defendant. TO: Jenny A. Manganello 21 Derbyshire Drive Carlisle, PA 17015 CIVIL DIVISION NO.: 2010-3907 A~JlSOIl-~iTAN'J~ FECHA DEL AVIS0:7/13/2010 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS FRO~h+IOS DIEZ (10) DL4S DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INIVIEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGAD O O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INUICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOIICET~ODF.IIIID ~iIAV~~+ t DICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Garlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ~CTCl~Z, GOIDB~GBaA~T BY X14. QI~"1~C Svott A Dietteridt, Esquire Attasneys for Pl airmff PA ID_ # 55650 200 Sheffield Stz-e~, Sirite 301 P_ O_ Hax 1024 rtairLSide, Nf 07092-0024 (717) 533-3560 FIR.S'T CLASS U SL MAIL. POSTAGE PREPAID 139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. vs Jenny A. Manganello John P. Manganello TO: John P. Manganello 21 Derbyshire Drive Carlisle, PA 17015 DATE OF NOTICE: 7113/2010 CIVIL DIVISION NO.: 2010-3907 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 again 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 to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Plaintiff, Defendant. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc. vs. Jenny A. Manganello John P. Manganello Plaintiff, Defendant. TO: John P. Manganello 21 Derbyshire Drive Carlisle, PA 17015 CIVIL DIVISION NO.: 2010-3907 AVL'~OIIVII'C:[tTAN~ FECHA DEL AVIS0:7/13/2010 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MEMOS QUE USTED TOME ACCION DENTRO DE LOS PRO~vIOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPI!~,DAD Y OTROS DEREGHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INiV1EDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFIGINA ABAJO Il~DICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUC~IIZ, C~OIDBERGBaA~ BY~tA1. Q~letba7dc Soon A Didteszdc, Fanrnre Attameys for Pl airmff PA LD_ # 55650 200 Sheffield Slxeet, Suite 301 P_ O_ Bares 1024 Ma~u~rtainside, Nf 07092-0024 t717) 533 3560 FIRST GLASS U S. MAIIi POI~i'A(~ PF~PAID 139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION DLJ Mortgage Capital, Inc., File No. 2010-3907 vs Plaintiff, Interest from 07/27/2010 to date of sale $13,118.92 ~~ John P. Manganello; Jenny A. Manganello Costs Defendants. _ l~ ~.~ -~ ,..~ - ~ \ G' _~ ~ - - TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, coni9~ct of~~~ account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Amount Due $240,002.34 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 personality list): and all other property of the defendant(s) in the possession, custody or~ontrol of the sy~ti~ garnishee(s). (Indicate) Index this writ against the garnishee(s) as a li~per~iens,~g~i~~ez~l estate of the defendant(s) described in the attached exhibit. YY II //JJ ~~ /l II II DATE: July 26, 2010 Signature: O Print Name: ~a4.oo P Q A'r't-y ~.~o e>a~ 9a•oo M I'F.oo W a.so ~ 18f.9o - P° ArN X9.00 ~~ •~ ~ C~ lloyo Q,t,~d41.33.f Zucker, t:snidber~ ~:.:~~;ekcrrnan, I:1,(' Address Attorney for: Telephone: Supreme Court ID No.: Ki~nb~rly A. Bonner, Esquire .,v~cKerman, ~squtre Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Plaintiff 908-233-8500 55650 89705 202729 ~Ir J~~( Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, OS SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 1 I, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A ] 0 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. /uckcr, Gi?Idhcrg c~ :lckerrr~an, LLC' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., Plaintiff, vs. John P. Manganello; Jenny A. Manganello Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 DLJ Mortgage Capital, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 21 Derbyshire Drive, Carlisle, PA 17015. 1. Name and Address of Owner(s) or Reputed Owner(s): JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE 21 Derbyshire Drive Carlisle, PA 17015 2. Name and Address of Defendant(s) in the Judgment: JOHN P. MANGANELLO 21 Derbyshire Drive Carlisle, PA 17015 JENNY A. MANGANELLO 21 Derbyshire Drive Carlisle, PA 17015 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: DLJ MORTGAGE CAPITAL, INC. Plaintiff lucl:~r_ Gukibcrr K .~~lckcrman, L I.C EC1,-139312 4. Name and Address of the last record holder of every mortgage of record: DLJ MORTGAGE CAPITAL, INC. Plaintiff MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK 3100 THORNTON AVENUE BURBANK, CA 91504 AND PO BOX 2026 FLINT, MI 48501-2026 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 21 Derbyshire Drive Carlisle, PA 17015 UNKNOWN SPOUSE 21 Derbyshire Drive Carlisle, PA 17015 Lu~kcr, (~citdber~ ~ Ackcrrnan, I,i.(:' FC:%- I :19;312 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I and rstand that tements herein are made subject to the penalties of 18 Pa.C.S. §4904 relatin~to t sv s i ation to authorities. ZUCKER LLC Dated: July 26, 2010 BY: U Scott A. i tteric c, Esquire; PA I.D. #55650 Kimberly .Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com %uckcr, Gnkl6erg ce; ;~Ackerrnan, I.i.C' Ft:7- I _i93 I Z Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PM ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A SO FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS i-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, OS SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 4S SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 8S DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 1 S3.$S FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS I-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK S8, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY S39 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY S39 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY S39 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 2S, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-OS33-052. 7uckrr, C:nidhcr= R :~ckennan, l,l.(' FC'7- i ;93 12 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., Plaintiff, vs. John P. Manganello; Jenny A. Manganello Defendants. CIVIL DIVISION N0.:2010-3907 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 John P. Manganello 21 Derbyshire Drive Cazlisle, PA 17015 TAKE NOTICE: c~ ~.r C..3 C::7 .-! ~_ -" { T Tt ' ~ __ ~ 1''.~..,. ' u~ ~~ ~ - _ c. That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Squaze, Cazlisle, PA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 21 Derbyshire Drive, Carlisle, PA, 17015 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-3907 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: John P. Manganello; Jenny A. Manganello Zucker, Goldberg & Ackerman, LLC FCZ-139312 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbwsed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER I5 A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause yow property to be held, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petitiom with the same Court if you are aware of a legal defect in the obligation or the procedwe used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCZ-139312 1 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on tlxe attorney for the creditor or on the creditor before presentation to the .Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office Cumberland Coun urthouse urthouse Square, Carlisle, PA 17013-3387, before presentation of thee peio to ~~ (x~~~t. l ZUCKER ~O~,DI~ 8~ A~C~F~RMAN, LLC Dated: July 26, 2010 B~'~ ~~ Scott A. i tteric c, Esquire; PA I.D. #55650 Kimberl .Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail : Office@zuckergoldberg. com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCZ-139312 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-0F-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS I-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, l3 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND I I ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH SS DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES ANDRIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. %uckcr, Gnldtx:r~ R Arkcrman, LL(' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3907 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 JOHN P. MANGANELLO & JENNY A. MANGANELLO (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 $240,002.34 L.L.$.50 Interest from 7/27/10 to Date of Sale -- $13,118.92 Atty's Comm Due Prothy $2.00 Atty Paid $181.90 Other Costs Plaintiff Paid Date: 8/5/10 1 David D. Buell, Prothonotary (Seal) REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERT & ACKERMAN, LLC 200 SHEFFIELD STREET, SUTIE 301 By: MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DU MORTGAGE CAPITAL, INC., CIVIL DIVISION Plaintiff, N0.:2010-3907 vs. . John P. Manganello; Jenny A. Manganello Defendants. Pa.R.C.P. RULE 3129(cl AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, DU Mortgage Capital, Inc., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, John P. Manganello and Jenny A. Mangello, are the record owners of the real property. 2. On or about 8/16/10, John P. Manganello and Jenny A. Mangello, were served with Plaintiff's Notice of SherifYs Sale of Real Property Pursuant to Pa. R.C.P. 3129, via certified mail at the address of the mortgaged premises, being 21 Derbyshire Drive, Carlisle PA 17015. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 8/18/10, Plaintiffs counsel served all other parties in interest with Plaintiff s Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCZ-139312 Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with PlaintifYs Notice of Sheriff s Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: October 29, 2010 ; i~ ~ ~ . /~/ Get/ MARIE LINDNER Paralegal/Legal Assistant Sworn to an ut me this day P~yt5lic ISSION EXPIRES: ;A:YSON I<. DE MARCH ~r'~ ;a~JBLIC CI= NEW JERSEY ~;~st/1~,11SSi0N EXPIRES 08-25-2014 Zucker, Goldberg & Ackerman, LLC FCZ-139312 ~ - l/ EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCZ-139312 ,.. ~ ~ 1_ ~~ "~ I di d r ~~ ~~° ~- I ~. 1~ ,t : i ~+ ~ ~ ~~ 'moo s Q w r ~ G o ,, ~ ~ N 1 p r.. t ~ ~ Q OG!"---' • , r,' [`' ~ ~ ~ ~Y Q !/ 0 r .- ;~-..' ~ ~- ~ ~ s Od. m ~~ ~~ ~~~ ~r -~~ ~V C ~ N i ~!j ~ . 1 -~ ~, a`n. a .~ N ti d ~ J'. _ V "~ ~' tit - ~ ~ ' ~~ c S ~ c o. ~ ffi ~ z' sy ~r p s ti ~ ~. x °.a cr' ~ s s s a o G C s ,~ No C c~l~ ~ N M ~ ~`' ~ r a .~--'~- o ,.,. p o ~~ ~~ c~~~ g ~j m J ~ ~ d s'~JJ ~ ~ ~o~D N~.7 ~ c- ~ ~ ~ N ~~ ~ ~ ~ ~ ~ ~ ~ z' ~ ' ~ '' iJ' ~'l " ' ix~~p asn Sd$n ~6! ~ s '9 ~~ A N ~' 7' w ~ ~~w:o m~~~ N ~~ v m can m aO~O ~ - tT ~. m o N O N ~ ON o N Q ~ ~ ~ ~ d Q° -J N :a N ~ 3 r n a `_ ...~ W O~ N tr '~• a .G •. r~ .31 ~' O W W -..1 •4 j- 7113.8257 1474 4960 8337 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., : CIVIL DIVISION Plaintiff, . vs. N0.:2010-3907 John P. Manganello; Jenny A. Manganello Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 John P. Manganello 21 Derbyshire Drive Carlisle, PA 1701 S TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 21 Derbyshire Drive, Carlisle, PA, 17015 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-3907 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER{S) OF THIS PROPERTY ARE: John P. Manganello; Jenny A. Manganello Zucker, Goldberg & Ackerman, LLC FCZ-139312 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty {30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE• 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petitiom with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCZ-139312 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland Counfiy. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office Cumberland Coun urthouse urthouse Square, Carlisle, PA 17013-3387, before presentation ofthe pe 'o to ~ ~t. ZUCKER gi0)J,DIR~ 8~ A~C~RMAN, LLC Dated: July 26, 2010 BY' - v Scott A. i tteric c, Esquire; PA I.D. #55650 Kimberl .Bonner, Esquire; PA.I.D. #89705 Joel A. Ac erman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (90$) 233-8500; {908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO, Zucker, Goldberg & Ackerman, LLC FCZ-139312 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRTVE, A 50 FOOT WIDE RIGHT-0F-WAY, WHICH POINT ES MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, l3 MINUTES, OS SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PEN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-0F-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DERECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1.39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND ~A l 0 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER ! 6, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 96, 1989, IN MESC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS Z 1 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. 7.uckcr, Gnldbcrd d: A~kuman, LLC fC:7-I ;9312 ~ o'er ~~.g~ N, N Q ~~~i Z ~p 4 ~Q N N ~ ~ r n 'Q ~~ Q A NN 7 ..- ~'~ W~ ~~~~ ~m~ ~ y -_ ~~~~ -vSZ~ =_ ~ ~ t~A~ -.- m ~ ~ - a t7-~ o = ~~ - c :,,,, N O SA N N N ac v _..= w X 7113 8257 1474 4960 8344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., CIVIL DIVISION Plaintiff, N0.:2010-3907 vs. John F. Manganello; Jenny A. Manganello Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jenny A. Manganello 21 Derbyshire Drive Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property {Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, FA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the Iand, (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 21 Derbyshire Drive, Carlisle, PA, 17015 The JUDGMENT under or pursuant to which your property is being sold is doctceted to: No. 2010-3907 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS} OF THIS PROPERTY ARE: John P. Manganello; Jenny A. Manganello Zucker, Goldberg & Ackerman, LLC FCZ-139312 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Squaze, Cazlisle, PA 17013-3387. THIS PAFER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you mare specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sate, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. ~ Zucker, Goldberg & Ackerman, LLC FCZ-139312 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date mu obtained from the Court Administrator's Office, Cumberland County C urt e o ouse Square, Carlisle, PA 17013-3387, before presentation of the peti~io to ,,~ ZUCKER Q~O~,DB~R~.r ~ A~CI~EF#MAN, LLC Dated: July 26, 2010 BY: Scott A. i tteric ,Esquire; T.D. #55650 Kimberly Bonner, Esquire; PA.I.D. #89705 Joel A. A an, Esquire; PA I.D. #202729 200 Sheffie d Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail : Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCZ-139312 Exhibit "A" LEGAL DESCRipTION ALL THAT CERTAIN GOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND t0 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POMT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH '72 DEGREES, I3 MIIWTES, OS SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND I i, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE DEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 2b DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LQT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, i 989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, FENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989,1N MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER'!6, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 87I, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Tucker, Giildberg & .Arkcrman, LLC FC:7.• L;S1312 ~r ~i EXHIBIT B Zucker, Goldberg & Ackerman, LLC FCZ-139312 U~IfITED ST/1?"ES PC3ST/~L SERVlCE~ Thu Cartifiuta of Mailing provid¢s evldatee thu mai! lus bun premntad to rJ$PS® fm msiGsg This fa and iMemUiowl mail. p'°"` Scott A. Dietterick, Esquire g'~~ ~sr'9~, ~° e ~ ®wrnttr eovres 02 ,M ~ 01.10° 0004282036 AUG18 2010 MAItEDFROM ZIP CODE 07092 c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCZ-139312/jde TEAM D T" MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK 3100 THORNTON AVENUE BURBANK, CA 91504 County of P.Q.: CUMBERLAND PS Form 381'1, April 2007 PSN 7530-02-000-9065 t1M1TE~5Ti3T6 PfO5T4L S~RVIEEa Thu Cutiflnta of MaTing pmvidas svidana lhst nail hu bun preu°tad to UgPg®far mailing Thi a°d iatuastiaal msiL ""m` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Postmark a~S~F~--"~'I~ ;~ ~ ~ ~~ ~Ir\ , .G; Swt ~ a ~~~r~` ~~..~ ~ ~~"~' ' ~ ~ 01.10° 02 1M 0004282036 AUG 18 2010 { MAIIFp FROM ZIPCODE 0 7092 Mountainside, NJ 07092 FCZ-139312rde TEAM D T°` MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK PO BOX 2026 FLINT, MI 48501-2026 County of P.Q.: CUMBERLAND ~Fl~t ~r~ ~ ~ ,, ~ Postmark Here ~ ~ ~~~~ G~~ ~ ~~ ,,.~ PS Form 3817, Apri12007 PSN 7530-02-000-9065 g~¢~S ~r~ a ®nlnvt'v Bowes n~?ST~1L SERVICE .. This Certifiate of Mailing pmvidn evidence thu mail hu been presented to USPSO for mailing. 0 2 1 M $ 01 ~ ~ 0° andinlanationalmail. f 0004282036 AUC~18 2010 FfOm` Scott A. Dietterick, Esquire MAILED FROM ZIP CODE 01092 c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCZ-139312/jde TEAM D T°~ CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERI:,AND PS Form 3817, Apri12007 PSN 7530-02-000-9065 ~I unnr~nsr~r~ Thin Cerdfigte of Melling Qtovidu avidmtte that nail bu boea preedeed b U~StD for mailing. Thl and imamcond mail "`°" Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Poatmuk ~~~~_ g •` ~O ` ~~ eov+Fs 0 2 1M ~- 01.10° 0004282038 AUG18 2010 MAILED FROM ZIPGODE 07092 FCZ-13931ude TEAM D r°` COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND PS Form 3817, Apri12007 PSN 7530-02-000.9065 v~5-~flECV ti~ ~~ Poatttwk Hue ~ ~ V ~~ 7~ i;.~h~~f~^s , ~J,11~/TED SThTES ~ Ay~P~~~ ~, ~~go~s _~ nt?ST/1t SERVICE ' ~ ` ~'•~® This Ceni6casaof Mailiu; provides evidanca that mail has been presented to USpsm fer mailing.'fhis fa. 0 2 ~ M ~ O ~ ~ ~ O~ andimaaatiaulmail. 0004282036 AUG18 2010 Fro°` Scott A. Dietterick, Esquire MAt1.ED FROM ZIPGODE 07092 c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCZ-13931Z/jde TEAM D T°' CUMBERLAND COUNTY DOMESTIC RELATIONS P°'~"`~~g'~F~,yv OFFICE Domestic Relations Section ~ ,,, .;~..~ ~a ~~+~ 13 N. Hanover Street ~''"'' PO Box 320 ~„t~,,.,.~''r~,~ ~~~ ~ ~~9 Carlisle, PA 17013 ;! ._ €+! County of P.Q.: CUMBERLAND PS Form 3817, Aprit 2007 PSN 7530-02-000-9065 ~~PO~'~ .~..~.. ~~~~i~1~ ~V~~~~ 02 1M ~ ~7.~~ 0004282038 AUG18 2010 41ia CntiNeate of Mer7in6 provides evidence ehu mail do bees presented to USPS® far mailiu;. This MAILED FROM ZIP GODS 0 70 9 2 and Intaoatuoael auil. "'°'°` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 S~~IECd Mountainside, NJ 07092 S~~/"-~~'~ FCZ-13931yjde TEAM D ''°' PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION P°a"""'`'~ ~ ~ $ ~~3~. ,„: •~.. . Dept. 280601 ~-~'h`~--~ ~,~ Harrisburg, PA 17128-0601 ~`' County of P.Q.: CUMBERLAND PS Forth 3817, Apri12007 PSN 7530-02-000-9065 Page 3 of 4 UNITEDSTATES POSTdL SERVICE Thin Gnifiate of Molina provide svidanee that mail hu beat presented to USPS® for mailing. This fixt .nd intemationd mail. Prom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCZ-139312/jde TEAM D T°` UNKNOWN TENANT OR TENANTS 21 Derbyshire Drive Carlisle, PA 17015 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 "'~ UAl/T~Et?-'SPATES ~r r~sre~ s~av~c~ This Ceeificate of Mailing provides evidence thu mail hu been pnwNd to USPS®far maililg. This end imernalional mail. '`°'°` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC g,~ptfS P~rgC~ , a ® PITNEY BOWES 02 ,M $ 01.10° 0004282036 AUG18 2010 MAILED FROM ZIP CODE 0 7092 ~~~~ ~~ ~~ ~~,n.~•• p211~ ~ 01.10° 0004282036 AUG18 2010 ' MAILED FROM ZIPCODE 07092 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCZ-139312/jde TEAM D T°° uNKNOwN sPOUSE ~~~k 21 Derbyshire Drive Carlisle, PA 17015 County of P.Q.: CUMBERLAND PS Form 3817, Apri12007 PSN 7530.02-000-9063 Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DU MORTGAGE CAPITAL, INC., Plaintiff, vs. John P. Manganello; Jenny A. Manganello Defendants. CIVIL DIVISION NO.: 2010-3907 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 31291b1 TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN SPOUSE 21 Derbyshire Drive Carlisle, PA 17015 COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOF WELFARE P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN TENANT OR TENANTS 21 Derbyshire Drive Carlisle, PA 17015 MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK 3100 THORNTON AVENUE BURBANK, CA 91504 MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK PO BOX 2026 FLINT, MI 48501-2026 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC FCZ-139312 139312D1004C08182010P1 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: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 12/08/2010 at 10:00am, the following described real estate which John P. Manganello and Jenny A. Mangello, husband and wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 21 Derbyshire Drive, Carlisle, PA 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCZ-139312 139312D1004C08182010P2 The said Writ of Execution has been issued on a judgment in the action of DU Mortgage Capital, Inc. John P. Manganello, et al Plaintiff Defendant(s) at EX. NO. 2010-3907 in the amount of $240002.34 plus interest and costs. 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 distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions 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. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDBERG & ACKERMAhI' LLC Dated: August 18, 2010 $~' Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail : Office@zuckergoldberg. com vs. Zucker, Goldberg & Ackerman, LLC FCZ-139312 139312D1004C08182010P3 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, OS SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Zucker, Goldberg & Ackerman, LLC FCZ-139312 139312D1004C08182010P4 SHERIFF'S OFFICE OF CUMBERLAND CQU,NTY Ronny R Anderson - Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4, 1 R ^r) r { DLJ Mortgage Capital, Inc. vs. Case Number . John P. Manganello (et al.) 2010-3907 SHERIFF'S RETURN OF SERVICE 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1811 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: John P. Manganello, by making known unto, Jenny A. Manganello, wife of defendant, at, 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1811 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: Jenny A. Manganello, by making known unto, Jenny A. Manganello, personally, at, 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/19/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1811 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 John P. & Jenny A. Manganello, located at, 21 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania according to law. 12/07/2010 As directed by Joel A Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/28/11. SHERIFF COST: $1,449.37 SO ANSWERS, February 28, 2011 RON R ANDERSON, SHERIFF a vo ?,/ - 1'r . S0 ttPd, Klym a 54 '33 { i t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., CIVIL DIVISION Plaintiff, NO.: 2010-3907 vs. John P. Manganello; Jenny A. Manganello Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 DLJ Mortgage Capital, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 21 Derbyshire Drive, Carlisle, PA 17015. 1. Name and Address of Owner(s) or Reputed Owner(s): JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE 21 Derbyshire Drive Carlisle, PA 17015 2. Name and Address of Defendant(s) in the Judgment: JOHN P. MANGANELLO 21 Derbyshire Drive Carlisle, PA 17015 JENNY A. MANGANELLO 21 Derbyshire Drive Carlisle, PA 17015 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: DLJ MORTGAGE CAPITAL, INCJ Plaintiff 7uckcr, t_nildhcrg & Ackerman, I_h. ' f'('7-1393 12 4. Name and Address of the lest record holder of every mortgage of record: DLJ MORTGAGE CAPITAL, INC. Plaintiff MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK 3100 THORNTON AVENUE BURBANK, CA 91504 AND PO BOX 2026 FLINT, MI 48501-2026 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 21 Derbyshire Drive Carlisle, PA 17015 UNKNOWN SPOUSE 21 Derbyshire Drive Carlisle, PA 17015 Zucker. G ildherg n Ackcrman, LLC' 13912 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I and rstand that tements herein are made subject to the penalties of 18 Pa.C.S. §4904 relatinIto u is s i ation to authorities. ZUCKER (A04DB flR(J 8I A4tEIRMAN, LLC Dated: July 26, 2010 BY: L/ Scott A. T.Bonner, c t, Esquire; PA I.D. #55650 KimberlEsquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Trrcl:cr. C;iddhcrg K Ackerman. t.i.C' if.:7- 119312 Exhibit ,A,, LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LIFE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND I I ON THE 'AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND I I, SOUTH' 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY $TATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETI 30 FEET FRONT SETBACK LINE, A 40 FEE] ALSO UNDER AND SUBJECT TO THE RES1 DECLARATION OF COVENANTS AND RES COMPANY AND RECORDED IN THE OFFIC PENNSYLVANIA ON JUNE 16, 1989, IN MIS COVENANTS AND RESTRICTIONS DATED RECORDED ON OCTOBER 16, 1989, IN MIS DECLARATION OF COVENANTS AND RES' DEVELOPMENT COMPANY AND RECORD] COUNTY, PENNSYLVANIA ON OCTOBER ? RESTRICTIONS, RESERVATIONS, SETBAC] ACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ZICTIONS AS MORE PARTICULARLY SET FORTH IN THE 'RICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, . BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF CTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL RICTIONS DATED OCTOBER 17, 1990, MADE BY 539 D IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A D 1ELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015, BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELL HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Tucker, Goldberg & Ackaman, 1J.(' R 13 9312 It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., CIVIL DIVISION Plaintiff, VS. NO.: 2010-3907 John P. Manganello; Jenny A. Manganello Defendants. NOTICE OF SHERIFF'S SALE OF UAL PROPERTY PURSUANT TO VLVANIA RULE OF CIVIL PROCF.DIr1 John P. Manganello 21 Derbyshire Drive Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 21 Derbyshire Drive, Carlisle, PA, 17015 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-3907 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: John P. Manganello; Jenny A. Mar ganello i I i Zucker, Goldberg & Ackerman, LLC FCZ-139312 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheri (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed, by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold 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. B YO FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCZ-139312 I . 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must $e presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County urthouse, ?urthouse Square, Carlisle, PA 17013-3387, before pres:ntation of the Ii o to J?? ZUCKER JiO? 134W(p 81,NCrUARMAN, LLC Dated: July 26, 2010 BY: L? Scott A. i tteric c, Esquire; PA I.D. #55650 Kimberl , . Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCZ-139312 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OLAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE E, WIDE RIGHT-OF-WAY, WHICH POINT I? LOTS NOS. 9 AND 10 ON THE PLAN OF I DERBYSHIRE LOTS 1-39"; THENCE FRO] LOTS NOS. 9 AND 10 ON THE AFORESAI EAST, A DISTANCE OF 118.41 FEET TO A OF MAYAPPLE VILLAGE AS SHOWN Ol` MONUMENT ALONG THE PROPERTY LI 13 MINUTES, 45 SECONDS EAST, A DIST BETWEEN LOTS NOS. 10 AND 11 ON THl BETWEEN LOTS. NOS. 10 AND 11, SOUTI 153.85 FEET TO AN IRON PIN ON THE EA ALONG SAID RIGHT-OF-WAY LINE IN A HAVING A RADIUS OF 350.00 FEET, AN i 26 DEGREES, 38 MINUTES, 07 SECONDS ALONG A CURVE TO THE RIGHT HAVIN CHORD BEARING OF NORTH 26 DEGREE TO AN IRON PIN; THE PLACE OF BEGIM CONTAINING 0.3647 ACRES. STERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN JTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, 1 SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN ) PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE lE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, ONCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF iTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT RC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH VEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A 3, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET ING. BEING LOT NO. 10 ON THE PLAN 'OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SEI 30 FEET FRONT SETBACK LINE, A 40 FEE ALSO UNDER AND SUBJECT TO THE REE DECLARATION OF COVENANTS AND RE COMPANY AND RECORDED IN THE OFFI PENNSYLVANIA ON JUNE 16, 1989, IN MI COVENANTS AND RESTRICTIONS DATEI RECORDED ON OCTOBER 16, 1989, IN MI' DECLARATION OF COVENANTS AND RE: DEVELOPMENT COMPANY AND RECORE COUNTY, PENNSYLVANIA ON OCTOBER RESTRICTIONS, RESERVATIONS, SETBA( HAVING THEREON ERECTED A D DERBYSHIRE DRIVE, CARLISLE, PA, 1701 SACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. 'RICTIONS AS MORE PARTICULARLY SET FORTH IN THE TRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT 'E OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, C. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND C. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL TRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 -D IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND ;5, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER C LINES AND RIGHTS-OF-WAY OF RECORD. LLING HOUSE BEING KNOWN AND NUMBERED AS 21 BEING THE SAME PREMISES ICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AN RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELL , HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. /ticker. Goidhcrg K ;Ackerman. H.C }t::7-139312 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., : CIVIL DIVISION Plaintiff,' : NO.: 2010-3907 vs. John P. Manganello; Jenny A. Manganello Defendants. N TICE OF SHERIFF'S SALE OF AL PROPERTY PURSUANT TO YLV IA RULE OF CIVIL PRnCEDITI Jenny A. Manganello 21 Derbyshire Drive Carlisle, PA 17015 TAKE NOTICE: That the Sheriff s Sale of I Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 21 Derbyshire Drive, Carlisle, PA, 17015 The JUDGMENT under or!,pursuant to which your property is being sold is docketed to: No. 2010-3907 THE NAME(S) OF TIDE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: John P. Manganello; Jenny A. Mar?ganello Zucker, Goldberg & Ackerman, LLC FCZ-139312 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheri, ? (for example to banks that hold mortgages and municipalities that are owed taxes), will be filediby the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution maybe obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courth use Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because', there is a Judgment against you. It may cause your property to be held, to be sold 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. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT FREE LEGAL ADVICE. CE OUT Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association ' 2 S. Bedford Street Carlisle, PA 17013 hone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCZ-139312 3. A petition pr petitions raising the legal issues or rights mentioned in the preceding paragraphs must a presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or before presentation to the Court and a proposed order petition. If a specific retu date is desired, such date ZUCKER on the creditor Administrator's Office, Cum erland County C urtu e to PA 17013-3387, before Ares ntation of the peti ID attached to the from the Court Square, Carlisle, , LLC Dated: July 26, 2010 BY: Scott A. i tteric c, Esquire; I.D. #55650 Kimberly Bonner, Esquire; PA.I.D. #89705 Joel A. A rman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. or rule must be Zucker, Goldberg & Ackerman, LLC FCZ-139312 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PAR'T'ICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE E WIDE RIGHT-OF-WAY, WHICH POINT I LOTS NOS. 9 AND 10 ON THE PLAN OF DERBYSHIRE LOTS 1-39'; THENCE FRC LOTS NOS. 9 AND 10 ON THE AFORESA EAST, A DISTANCE OF 118.41 FEET TO, OF MAYAPPLE VILLAGE AS SHOWN Ol MONUMENT ALONG THE PROPERTY L 13 MINUTES, 45 SECONDS EAST, A DIS1 BETWEEN LOTS NOS. 10 AND 1 1 ON TH BETWEEN LOTS. NOS. 10 AND 11, SOUT 153.85 FEET TO AN IRON PIN ON THE Ej ALONG SAID RIGHT-OF-WAY LINE IN / HAVING A RADIUS OF 350.00 FEET, AN 26 DEGREES, 38 MINUTES, 07 SECONDS ALONG A CURVE TO THE RIGHT HAVII CHORD BEARING OF NORTH 26 DEGRE TO AN IRON PIN; THE PLACE OF BEGIN CONTAINING 0.3647 ACRES 1STERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN OTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, 4 SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN D PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE JE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, ONCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE - AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE i 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF STERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT ,RC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH NEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE 3 A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A S, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET I,.il, BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED B STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SEI 30 FEET FRONT SETBACK LINE, A 40 FEE ALSO UNDER AND SUBJECT TO THE RE,' DECLARATION OF COVENANTS AND RE COMPANY AND RECORDED IN THE OFF] PENNSYLVANIA ON JUNE 16, 1989, IN MI COVENANTS AND RESTRICTIONS DATE] RECORDED ON OCTOBER 16, 1989, IN MI DECLARATION OF COVENANTS AND RE DEVELOPMENT COMPANY AND RECORI COUNTY, PENNSYLVANIA ON OCTOBER RESTRICTIONS, RESERVATIONS, SETBA( BACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A T REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. TRICTIONS AS MORE PARTICULARLY SET FORTH IN THE 3TRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT CE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, 3C. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF ) OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND ;C. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL ;TRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 ,ED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER K LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A D.?ELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 1701 BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AN RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUM 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELL , HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. 7tickcr, Goldhorl K, Ackerman, I f=C'7- 19? 12 WRIT OF EXECUTION and/or ATTACHMENT COMMOXWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBEF To satisfy the debt, interest ar From JOHN P. MANGANEL (1) You are directed to levy DESCRIPTION. (2) You are also directed to attac of GARNISHEE(S) as follows: and to notify the garnishee(s) that: paying any debt to or for the accou (s) or otherwise disposing thereof; (3) If property of the defendant(s of anyone other than a named garn garnishee and is enjoined as above Amount Due $240,002.34 Interest from 7/27/10 to Date of Atty's Comm % Atty Paid $181.90 Plaintiff Paid Date: 8/5/10 (Seal) NO 10-3907 Civil CIVIL ACTION - LAW AND COUNTY: costs due DLJ MORTGAGE CAPITAL, INC., Plaintiff (s) D & JENNY A. MANGANELLO pon the property of the defendant (s)and to sell SEE LEGAL the property of the defendant(s) not levied upon in the possession ) an attachment has been issued; (b) the garnishee(s) is enjoined from of the defendant (s) and from delivering any property of the defendant not levied upon an subject to attachment is found in the possession ;hee, you are directed to notify him/her that he/she has been added as a L.L.$.50 -- $13,118.92 Due Prothy $2.00 Other Costs Buell, (rothonotary By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICE Address: ZUCKER, GOLDBERT 200 SHEFFIELD STRE MOUNTAINSIDE, NJ Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 ESQUIRE & ACKERMAN, LLC ET, SUTIE 301 On. September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 21 Derbyshire Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: state Coordinator The Patriot-News Co. 2620 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OIFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS SUNDAY PATRIOT NEWS 14t Patriot News Now you know Proof of Publication Under Act No. 587, Approved May 16, 1929 nonwe Ith 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 Pa riot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principa office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylv nia, 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 ere established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication whi 'h 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 virtu and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said C mpany and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneou 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 November, 2010 A.D. l ? 2010.3907 Civil Term DLJ Mortgage Capital, Inc. Vs John P. Manganello Jenny A. Manganello Atty: Joel A Ackerman ALLTHAI CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH N41DDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE. A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE, PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF TATS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEENLOTS. NOS. WAND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT- OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.06 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 02 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT IIAVING A RADIUS OF 200.00 FEET AN ARC DISTANCE OF 41.21 FEET,. A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS` WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OR LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER- BREHM, ENGINEERING ANb. PLANNING CONSULTANTS, DATHO, JANUARY 26, 1989, AND RECORDED RV THE OFFICE OF THE RECORDER 0,. DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK $$, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE'16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER-16, 1989. IN MISC. BOOK 370, PAGE THE AMENDED SUPPLEMENM DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER` 17, 1990, MADE BY 539 DEVELOPI' COMPANY AND RECORDED IN TIF OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 2$, 1990. IN MISC. BOOK 388, PAGE 10,, AND TO ALL OTHER RESTRIC11E3K RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DREYE, re DTUTG ?A 1V11S 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. Li a Marie Coyne, E itor (, T 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. 2010-3907 Civil DLJ Mortgage Capital, Inc. VS. John P. Manganello Jenny A. Manganello Atty.: Joel A. Ackerman ALL THAT CERTAIN lot or parcel of land, situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the easterly right-of-way line of Derbyshire Drive, a 50 foot wide right-of-way, which point is more particularly located on the dividing line between Lots Nos. 9 and 10 on the Plan of Lots known as "Final Plan For Mayapple Village, Derbyshire Lots 1-39"; thence from said point of beginning along the dividing line between Lots Nos. 9 and 10 on the aforesaid plan of lots, North 72 de- grees, 13 minutes, 05 seconds East, a distance of 118.41 feet to a concrete monument on the property line of other lands of Mayapple Village as shown on the aforesaid Plan of Lots; thence from said concrete monument along the property line of other lands of Mayapple Village, South 36 de- grees, 13 minutes, 45 seconds East, a distance of 148.73 feet to an iron pin on the dividing line between Lots Nos. 10 and 11 on the aforesaid plan of lots; thence along said dividing line between Lots. Nos. 10 and 11, South 85 degrees, 48 minutes, 32 seconds West, a distance of 153.85 feet to an iron pin on the easterly right-of-way line of Derbyshire Drive; thence along said right-of-way line in a northwesterly direction along a curve to the left having a radius of 350.00 feet, an arc distance of 65.09 feet, along a chord bearing of North 26 degrees, 38 minutes, 07 seconds West, a chord length of 65.00 feet to an iron pin; thence along a curve to the right having a radius of 200.00 feet, an arc distance of 41.21 feet, a chord bearing of North 26 degrees, 03 minutes, 37 seconds West a chord length of 41.14 feet to an iron pin; the place of BEGINNING. CONTAINING 0.3647 ACRES. BEING Lot No. 10 on the Plan of Lots known as "Final Plan For Mayapple Village, Derbyshire Lots 1-39, "prepared by Statler-Brehm, Engineering and Planning Consul- tants, dated January 26, 1989, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 58, Page 68-A. UNDER AND SUBJECT to build- ing setbacks as set forth on the above mentioned plan, being a 30 feet front setback line, a 40 feet rear setback line, and a 10 feet side setback line. ALSO UNDER AND SUBJECT to the restrictions as more particularly set forth in the Declaration of Cov- enants and Restrictions dated June 16, 1989, made by 539 Development Company and recorded in the Office of the Recorder of Deeds of Cumber- land County, Pennsylvania on June 16, 1989, in Misc. Book 365, Page $66; the Supplemental Declaration of Covenants and Restrictions dated October 16, 1989 made by 539 De- velopment Company and recorded on October 16, 1989, in Misc. Book 370, Page 720; the Amended Supple- mental Declaration of Covenants and Restrictions dated October 17, 1990, made by 539 Development Company and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on October 25, 1990. in Misc. Book 388, Page 1089, and to all other restrictions, reserva- tions, setback lines and rights-of-way of record. HAVING THEREON ERECTED a dwelling house being known and numbered as 21 Derbyshire Drive, Carlisle, PA, 17015. 80 CUMBERLAND LAW JOURNAL BEING the same premises which Gregory A. Amsley and Jennifer A. Amsley, his wife, by deed dated June 10, 1995 and recorded June 20, 1995 in and for Cumberland County, Pennsylvania, in Deed Book Volume 123, Page 871, granted and conveyed unto John P. Manganello and Jenny A. Mangello, husband and wife. TAX MAP NO.: 40-09-0533-052. 81 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3907 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 JOHN P. MANGANELLO, JENNY A. MANGANELLO (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: $?•?G, nva. ?q L.L.: Interest from 7/27/20 to date of sale '0i 86Io. t4u Attv's Comm: Due Prothy: $2.00 Atty Paid: $1,652.77 Other Costs: Plaintiff Paid: Date: 6/29/11 David D. Buell, Prothono r (`peal) V. el Deputy REQUESTIN(J PARTY: Name. JOF,L ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 d? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t? kS CIVIL DIVISION of 01 , File No. 2010-3907 8 DLJ Mortgage Capital, Inc., Amount Due Plaintiff, Interest from 07/27/2010 to date of sale $ 901 go co. Lf Z,/ vs John P. Manganello; Jenny A. Manganello Defendants. TO THE PROTHONOTARY OF THE SAID COURT: Costs rnCj r 'C x= N , ,. CG '.:w . '' C-) A C-D -„ C) . C:: (z) --°i c", The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION 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 personality list): and al I other property of the defendant(s) in the possession, custody or contr I oft sa d! arnishee(s ). I _ (indicate) Index this writ against the garnishee(s) as a lis pen gai ?t dpal Mate of the defendant(s) described in the attached exhibit. i GATE: June 27, 201 1 oo ?c1 C Cl q yo ??` a• oc7 u }. OU %%. jc L9 (4. 06 U Signature: 'i ?`-- fly \J1 Print Name: Scott A.' D e ck, squir Kimberly A. Bonner, Esquire Joel Acker,l?nan, Esquire Ashleigh L. Levy, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Q Supreme Court ID No.: 55650 89705 202729 306799 x..00 (7- t-e . C (C. a 'OD WA4 o 1 SSU ec? Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: 1EGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT 'WIDE, RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE 13ETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE 13ETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41 21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER, AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A, 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Zucker, Goldberg & Ackerman, LLC FCZ.-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., Plaintiff, k" S. John P. Manganello; Jenny A. Manganello Defendant(s) CIVIL DIVISION `-' ' i tt3 NO.: 2010-3907 c._ = r . r' Execution No.: r' °- ?- ;r6 5 .. - ;' AFFIDAVIT PURSUANT TO RULE 3129.1 DLJ Mortgage Capital, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 21 Derbyshire Drive, Carlisle, PA 17015. Name and Address of Owner(s) or Reputed Owner(s): JOHN P. MA.NGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE' 21 Derbyshire Drive Carlisle, PA 17015 2. Name and Address of Defendant(s) in the Judgment: JOHN P. MA.NGANELLO 21 Derbyshire Drive Carlisle, PA 17015 JENNY A. MANGANELLO 21 Derbyshire Drive Carlisle, PA 17015 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: DLJ MORTGAGE CAPITAL, INC. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: DLJ MORTGAGE CAPITAL, INC. Plaintiff HERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK PO Box 2026 Flint, MI 48501-2026 AND 3100 Thornton Avenue Burbank, CA 91504 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 21 Derbyshire Drive Carlisle. PA 17015 UNKNOWN SPOUSE 2I Derbyshire Drive Carlisle, PA 17015 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false sta ments herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to*sW6-m fa)ifi7ation to authorities. ZUCKER GO BE & RMAN, LLC Dated: k, BY: _ Scott A. Die k, Esquire; PA .D. #55650 Kimberly A JBBooer, Esquire; PA.I.D. #89705 Joel A. Ackerm4n, Esquire; PA I.D. 9202729 Ashleigh L. Levy, Esquire; PA I.D. 4306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTA[N LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE, RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE 13ETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE 13ETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND I 1 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE; TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAI, DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRIICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, INDEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Zucker, Goldberg & Ackerman, LLC FCZ-139312 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., 3815 South Temple, CIVIL DIVISION Salt Lake City, UT 84115-4412, : NO.: 2010-3907 Plaintiff, : -' vs. rn c c - cry r John P. Manganello; Jenny A. Manganello -? N) , Defendant(s). ?? - -trt- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 John P. Manganello 21 Derbyshire Drive Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/07/2011 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 21 Derbyshire Drive, Carlisle, PA, 17015 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-3907 Zucker, Goldberg & Ackerman, LLC FCZ-139312 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: John P. Manganello; Jenny A. Manganello A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS :PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold 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 PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAI, ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCZ-139312 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, On ourthouse Square, Carlisle, PA 17013-3387, before presentation of the petitioi o tPe- urt,?: Dated: ZUCKER BY: Scott A. Di5E Esquire; .#55650 Kimberly , Esquire; A.I.D. #89705 Joel A. Acsquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com ,LLC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCZ-139312 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT IS MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11 ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTf1 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO. 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58, PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL, DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGELLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Zucker, Goldberg & Ackerman, LLC FCZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , 7 - DU Mortgage Capital, Inc., CIVIL DIVISION ?; rT7 Plaintiff, NO.: 2010-3907 VS. TYPE OF PLEADING John P. Manganello; Jenny A. Manganello; Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVI CE Defendants. OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: DU Mortgage Capital, Inc. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh L. Marin, Esquire- PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, N1 07092 (908) 233-8500 (908) 233-1390 FAX office@zucker,RoldberR.com File No.: FCZ- 139312/dsc Zucker, Goldberg & Ackerman, LLC FCZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DU Mortgage Capital, Inc., 3815 South Temple, Salt CIVIL DIVISION Lake City, UT 84115-4412, : NO.: 2010-3907 Plaintiff, vs. John P. Manganello; Jenny A. Manganello; Defendants. Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, DU Mortgage Capital, Inc., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, John P. Manganello and Jenny A. Mangello, husband and wife, are the record owners of the real property. 2. On or about September 29, 2011, Defendants John P. Manganello and Jenny A. Mangello were served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 21 Derbyshire Drive, Carlisle PA 17015. A true and correct copy of said Proof of Service is marked Exhibit "A", attached hereto and made a part hereof. 3. On or about August 12, 2011, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCZ-139312 Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiffs Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: November 1, 2011 -? D SC NGE Paralegal/Legal Assistant orn to and subscribed before this , day of November, 2011 N a Public MY COMMISSION EXPIRES: AHL II 383239 f New Jersey res Exp 01 4 EMO Zucker, Goldberg & Ackerman, LL C FCZ-139312 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCZ-139312 SHERIFFS OFFICE OF CUMBERLAND COUNTY } Ronny R Anderson Sheriff ?Qari?v of ?uarbr??a Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SHERIFF DLJ Mortgage Capital, Inc. Case Number VS. John P. Manganello (et al.) 2010-3907 SHERIFF'S RETURN OF SERVICE 09/29/2011 03:15 PM - Deputy Valerie Weary, being duly swom according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 21 Derbyshire Drive, Carlisle, PA 17015, Cumberland County. 09/2912011 03:15 PM - Deputy Valerie Weary: 'being duly swom.according to. law, served the requesters 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 jenny manganello - spouse, who accepted as "Adult Person in Charge" for John P. Manganello at 21 Derbyshire Drive, South Middleton Township, Carlisle, PA 17015, Cumberland County. 09/29/2011 03:15 PM - Deputy Valerie Weary, being duly swom 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 thq Defendant, to wit: Jenny A. Manganello at 21 Derbyshire Drive, South Middleton Township, Carlisle, PA 17015, Cumberland County. SHERIFF COST: $914.44 SO ANSWERS, October 19, 2011 RON R ANDERSON, SHERIFF (c) CowtySufm &OW. Teieoson. Inc. EXHIBIT B Zucker, Goldberg & Ackerman, LLC FCZ-139312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DLJ Mortgage Capital, Inc., : CIVIL DIVISION vs. Plaintiff, NO.: 2010-3907 John P. Manganello; Jenny A. Manganello Defendant(s). NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: UNKNOWN TENANT OR "TENANTS 21 Derbyshire Drive Carlisle; PA 17015 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 MFRS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK PO Box 2026 Flint, MI 48501-2026 UNKNOWN SPOUSE 21 Derbyshire Drive Carlisle, PA 17015 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 MFRS AS NOMINEE FOR GE MONEY BANK, A FEDERAL SAVINGS BANK 3100 Thornton Avenue Burbank, CA 91504 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: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 12/07/2011 at 10;00am, the following described real estate which John P. Manganello and Jenny A. Mangello. husband and wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 21 Derbyshire Drive, Carlisle, PA 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCZ-139312 139312D 100400809201 I P 1 The said Writ of Execution has been issued on a judgment in the action of DU Mortgage Capital, Inc. John P. Manganello, et al Plaintiff Defendant(s) at EX. NO. 2010-3907 in the amount of $240002.34 plus interest and costs. 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 distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions 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. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER, GOLDBERG & ACKERMAN, LLC Dated: O I "e, /I( BY; Scott A. Dietter?ck, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; Pa I.D. #306799 Ralph M. Salvia- PA I.D. #202946 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCZ-139312 (908) 233-8500; (908) 233-1390 FAX E-mail: Office()zuckergoldberg.com vs. Zucker, Goldberg & Ackerman, LLC FCZ-139312 139312D 1004CO809201 I P2 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE, A 50 FOOT WIDE RIGHT-OF-WAY, WHICH POINT 1S MORE PARTICULARLY LOCATED ON THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39"; THENCE FROM SAID POINT OF BEGINNING ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10 ON THE AFORESAID PLAN OF LOTS, NORTH 72 DEGREES, 13 MINUTES, 05 SECONDS EAST, A DISTANCE OF 118.41 FEET TO A CONCRETE MONUMENT ON THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE AS SHOWN ON THE AFORESAID PLAN OF LOTS; THENCE FROM SAID CONCRETE MONUMENT ALONG THE PROPERTY LINE OF OTHER LANDS OF MAYAPPLE VILLAGE, SOUTH 36 DEGREES, 13 MINUTES, 45 SECONDS EAST, A DISTANCE OF 148.73 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND I I ON THE AFORESAID PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11, SOUTH 85 DEGREES, 48 MINUTES, 32 SECONDS WEST, A DISTANCE OF 153.85 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF DERBYSHIRE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE. LEFT HAVING A RADIUS OF 350.00 FEET, AN ARC DISTANCE OF 65.09 FEET, ALONG A CHORD BEARING OF NORTH 26 DEGREES, 38 MINUTES, 07 SECONDS WEST, A CHORD LENGTH OF 65.00 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 41.21 FEET, A CHORD BEARING OF NORTH 26 DEGREES, 03 MINUTES, 37 SECONDS WEST A CHORD LENGTH OF 41.14 FEET TO AN IRON PIN; THE PLACE OF BEGINNING. CONTAINING 0.3647 ACRES. BEING LOT NO, 10 ON THE PLAN OF LOTS KNOWN AS "FINAL PLAN FOR MAYAPPLE VILLAGE, DERBYSHIRE LOTS 1-39, "PREPARED BY STATLER-BREHM, ENGINEERING AND PLANNING CONSULTANTS, DATED JANUARY 26, 1989, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 58. PAGE 68-A. UNDER AND SUBJECT TO BUILDING SETBACKS AS SET FORTH ON THE ABOVE MENTIONED PLAN, BEING A 30 FEET FRONT SETBACK LINE, A 40 FEET REAR SETBACK LINE, AND A 10 FEET SIDE SETBACK LINE. ALSO UNDER AND SUBJECT TO THE RESTRICTIONS AS MORE PARTICULARLY SET FORTH IN THE DECLARATION OF COVENANTS AND RESTRICTIONS DATED JUNE 16, 1989; MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON JUNE 16, 1989, IN MISC. BOOK 365, PAGE 566; THE SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 16, 1989 MADE BY 539 DEVELOPMENT COMPANY AND RECORDED ON OCTOBER 16, 1989, IN MISC. BOOK 370, PAGE 720; THE AMENDED SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS DATED OCTOBER 17, 1990, MADE BY 539 DEVELOPMENT COMPANY AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON OCTOBER 25, 1990. IN MISC. BOOK 388, PAGE 1089, AND TO ALL OTHER RESTRICTIONS, RESERVATIONS, SETBACK LINES AND RIGHTS-OF-WAY OF RECORD. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 21 DERBYSHIRE DRIVE, CARLISLE, PA, 17015. BEING THE SAME PREMISES WHICH GREGORY A. AMSLEY AND JENNIFER A. AMSLEY, HIS WIFE, BY DEED DATED JUNE 10, 1995 AND RECORDED JUNE 20, 1995 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 123, PAGE 871, GRANTED AND CONVEYED UNTO JOHN P. MANGANELLO AND JENNY A. MANGE.LLO, HUSBAND AND WIFE. TAX MAP NO.: 40-09-0533-052. Zucker, Goldberg & Ackerman, LLC Field2»-«Fieldl» «F ield 1 nD 1004C02/ 122008P3 i i Page 1 of 4 NOTICE TO LIENHOLDERS (139312)y ...atteso Prtng,r faovvFS UNITED STATES oao 282038 012'15° V POSTAL SERVICES MAM FROMZlPCOIIE 07092 - - ThAs CertiRote of Maiing provides evidence that mail has beeh presented to USPSe for maikng. This form may be used for domestic and international mad. `'°m: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 FCZ-139312/sde TEAM C T UNKNOWN TENANT OR TENANTS Postmark Here 21 Derbyshire Drive Carlisle, PA 17015 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 PON a®f® mw w IN e MIN t , , + pffriETI IaOVYES 02 1M $01 . 150 UNITED STATES 0004282036 A17G 12 2011 - MAILED FROM ZIPGODE 07092 POSTAL SERVICE* This Cent icate of Mailing wmides evkfeme that mad has been presented to USPSe for rnb4 t. This form may be used for demnstic and international maa. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 `3 { _ _-. - ---- -- --.- - -- .; ?. Mountainside, NJ 07092 / FCZ-139312/sde TEAM C r, T COMMONWEALTH OF PENNSYLVANIA Postmark Mere DEPARTMENT OF WELFARE P.U. Box 2675 _ Harrisburg, PA 17105 County of P,Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 2 of 4 NOTICE TO LIENHOLDERS (139312) UNITED ST13TES POSTIR SERVICE, Th6 Certificate of Mailing provides evidence that mail has been presented to USP59 for mft. This form may be used for domestic and mtamational mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 FCZ-139312/sde TEAM C CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P .Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES V POSTAL SERVICE, This Certficate of Malting provides widance that mail has been Presented to USPS• for mallirg. This form may be used for domestic and imematbnai mail. From; Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 y? p'o% le - ""my Bowes 02 1M $01-150 0004282036 AUG12 2011 MAILED FROM ZIPCODE 0 7092 Postmark Here y0 spcl%' dd- -': fit. „r" /' ? ??'..' ? ?Prater sow" 02 1M $ 01.150 0004282036 AUG12 2011 MAILED FROM ZIP CODE 0 70 92 FCZ-139312/sde TEAM C TO; MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL Postmark Here SAVINGS BANK PO Box 2026 Flint, MI 48501-2026 County of P.Q.: CUMBERLAND i PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 3 of 4 NOTICE TO LIENHOLDERS (139312) UNITED STATES V POSTAL SERVICES This CertifivWe or Melling provides evidence that mail has been pnsentad to USPSe for mallirg. This k and intemaWnal mail. From" Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC eOPC Rid ? ? w,??at.• A?owFs r. - 02 1M $ 01'15° 0004282036 AUG12 2011 MAILED FROM ZIFGODE 07092 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 FrZ-139312/sde TEAM C T` MERS AS NOMINEE FOR GE MONEY BANK, A FEDERAL Postmark Here SAVINGS BANK 3100 Thornton Avenue Burbank, CA 91504 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES V POSTAL SERVICES C We 0, Prtwlc,r fltowEs 0004282036 $A 012 100011° MAILED FROM ZIP CODE 0 70 92 This C*411kate of Mailing prwdes wideme that mall has been presented to USPS• for malft. Thy form may be used for domestic and mtemational -0. "om; Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 FCZ-139312/sde TEAM C To: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 here. i, nark Here',,-,.??Y r County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 4 of 4 NOTICE TO LIENHOLDERS (139312) UNITED Sf/1TE5 ?+? prrat:th taowhls 5° . 000 282036 $0212011 MAILED FROM ZIPCODE 0 7092 02 IM POSTdL SERVICEa his CenMote of mailing prwkles evidence that maa has been presented to USPSe for mailing. This form may be used for domestic a nd international mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092- -^ - T -? FCZ-139312/sde TEAM C T' PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Postmark Here Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 ,Spy ?ST? ?.?'® 02 1M $ 01.15° AUG 12 2011 0004282036 UNITED STATES MAILED FROM MAILED FROM ZIPCODE 07092 POSTAL SERVICES U wy we, mtu xarnw or me ter postage her.. This Cit"kaM of Meiling prwldes evidanee that mail has been presented to USPSe for -Ring. This form may be Used for dpm lk and tntematbnal mail. From Scott A. Dietterick, Esquire ?/ c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, N1 07092 - - - - FCZ-139312/sde TEAM C \ To: UNKNOWN SPOUSE Postmark Here cn 21 Derbyshire Drive l : t?"'o Carlisle, PA 17015 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4tt??tt qt ?at+nbr?,??xf? t; OPT f .HE HL E_ -9FF!CE (' THE PR101'?IOlt ? l+',RY 20112 JAN 12 Ail I0.0 0 CUMHRLANG COUI NTY PENNSYBIA WA DLJ Mortgage Capital, Inc. vs. John P. Manganello (et al.) Case Number 2010-3907 SHERIFF'S RETURN OF SERVICE 09/29/2011 03:15 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 21 Derbyshire Drive, Carlisle, PA 17015, Cumberland County. 09/29/2011 03:15 PM - Deputy Valerie Weary, 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 jenny manganello - spouse, who accepted as "Adult Person in Charge" for John P. Manganello at 21 Derbyshire Drive, South Middleton Township, Carlisle, PA 17015, Cumberland County. 09/29/2011 03:15 PM - Deputy Valerie Weary, 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: Jenny A. Manganello at 21 Derbyshire Drive, South Middleton Township, Carlisle, PA 17015, Cumberland County. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Joel A Ackerman, on behalf of DLJ Mortgage Capital, Inc., 3815 South Temple, Salt Lake City, LIT 84115. DLJ Mortgage Capital, Inc. being the buyer in this execution, paid to the Sheriff the sum of $1423.27. 01/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $1,423.27 January 09, 2012 SO ANSWERS, (5Z RON R ANDERSON, SHERIFF J, .06 , Ce - 7(o? ;c, coun':.,Suite Sheriff. Ieieosott. Inc COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which DLJ Mortgage Capital Inc. is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 29 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 3907, at the suit of DLJ Mortgage Capital Inc. against John P. Manganello and Jenna A. Manganello is duly recorded as Instrument Number 201201122. and seal of said office this /a day of A. D. 0/ A . IN TESTIMONY WHEREOF, I have hereunto set my hand 9- Recorder of Deeds