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Home My WebLink About11-8217UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 PAIGE M. BELLINO, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(audren.com Fulton Bank, N.A. C/O Fulton Bank - Direct Referred P.O. Box 4887 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County Lancaster, PA 17604 Plaintiff NO. I (- $ d L I Ctv l 1 V. AMERIGO PALLOTTA A/K/A AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT S OuN} • ?. °n Pd Q CIS 1-7483 P-* a Wp sF? MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Bill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc., acting solely as a nomiee for Fulton Bank Assignee: Fulton Bank, N.A. Date of Assignment: Recorded Date: Book/Instrument #: Page: 2. Upon information and belief Defendant(s) and/or their predecessor: Amerigo Pallotta a/k/a Amerigo J. Pallotta (hereinafter "Defendants"), are the owners of property located at 5251 Terrace Road, Mechanicsburg, PA 17050, by virtue of Deed dated 02/04/2003 and recorded 02/12/2003 in Official Records Book 255 at Page 3754 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property") 3. On 07/14/2009, Defendant(s) and/or their predecessor: AMERIGO PALLOTTA A/K/A AMERIGO J. PALLOTTA promised to pay to the order of Fulton Bank, the principal sum of $ 163,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 07/14/2009, Defendant(s) and/or their predecessor: AMERIGO PALLOTTA A/K/A AMERIGO PALLOTTA to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Fulton Bank, the Property which is the subject of this action. The Mortgage was recorded on 07/21/2009 in Official Records Book Instrument # 200925417 at Page n/a . Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 05/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $158,833.01 Accumulated interest $4,083.70 Accumulated Late Charges $258,78 Escrow Deficit/(Reserve) $6,973.67 Title Report $325.00 Attorney Fees $1,300.00 Grand Total $171,774.16 The above figures are calculated as of 10/11/2011: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 4.87500 %. The per diem interest accruing on this debt is $21.21 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $78.88. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $171,774.16 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDR AW OFFICES, P.C. BY: Sherri J. Braunstein, EsQVft PA ID 90675 VERIFICATION The undersigned states that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Jame: J C"A. eS 4 n PJ? Title: V' L? Ge Company: Fulton Bank, N.A. MJU 4: 11100293 CASE #: 1.1.100293-1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF THE PUBLIC ROAD OR STREET KNOWN AS TERRACE ROAD, AT THE DIVIDING LINE BETWEEN LOTS NO. 6 AND 7 ON THE HEREINAFTER MENTIONED PLAN, SAID POINT ALSO BEING LOCATED A DISTANCE OF SIX HUNDRED (600) FEET SOUTH FROM A STEEL PIN AT THE NORTHWEST CORNER OF LOT NO.1 ON SAID PLAN, AT THE NORTHERN LINE OF SAID PLAN; THENCE SOUTH ALONG THE EASTERN LINE OF SAID TERRACE ROAD, A DISTANCE OF NINETY (90) FEET, MORE OR LESS, TO A POINT ON THE NORTHERN LINE OF A STRIP, TWENTY (20) FEET WIDE, USED FOR INGRESS, EGRESS AND REGRESS TO AND FROM THE CONODOGUINET CREEK; THENCE EAST ALONG THE NORTHERN LINE OF SAID STRIP, TWENTY (20) FEET WIDE, A DISTANCE OF TWO HUNDRED AND FIFTY (250) FEET, MORE OR LESS, TO THE CONODOGUINET CREEK; THENCE NORTH ALONG SAID CONODOGUNET CREEK A DISTANCE OF NINETY (90) FEET, MORE OR LESS, TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NO. 6 AND 7, AFORESAID; THENCE WEST ALONG SAID DIVIDING LINE, A DISTANCE OF TWO HUNDRED AND FIFTY-FIVE (255) FEET, MORE OR LESS, TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 7, AS SHOWN ON THE PLAN OF LOTS KNOWN AS "GOOD HOPE TERRACE", RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 4, PAGE 48. HAVING THEREON ERECTED A BRICK, RANCH-TYPE DWELLING KNOWN AND NUMBERED AS 5251 TERRACE ROAD, MECHANICSBURG, PA 17055. UNDER AND SUBJECT, NEVERTHELESS, TO ALL RESTRICTIONS, RESERVATIONS, CONDITIONS, COVENANTS, EASEMENTS AND RIGHTS OF WAY OF PRIOR RECORD. AS DESCRIBED IN MORTGAGE INSTRUMENT NO. 200925417 1057.FL-5700914260 AMERIGO PALLOTTA 5251 TERRACE RD MECHANICSBURQ PA 17050-6813 EXI ISITA Pagel of 7 (This page intentionally left blank) Page 2 of 7 June 2, 2011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached napes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1(800) 342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Amerigo Pallotta 5251 Terrace Rd Mechanicsburg, PA 17050-6813 FL-5700914260 Fulton Bank, NA Fulton Bank, NA as servicing agent for Federal National Mortgage Association HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS FO THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETINGS THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 4 of 7 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 5251 Terrace Rd, Mechanicsburg, PA 17050-6813 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 04/01/11 THROUGH 06/01A l and are currently past due for the following amounts: Total Payment Amount: $4,117.49 Late/Other Charges: $86.26 Attorney Fees: $0.00 TOTAL AMOUNT PAST DUE: $4,203.75 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,203.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ATTN: Jessica Kilby Fulton Bank, NA PO Box 4887 Lancaster, PA 17604.4887 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank, NA Address: PO Box 4887 Lancaster, PA 17604-4887 Phone Number: (800) 521-8617 x8591 Fax Number: (717) 391-2908 Contact Person: Jessica Kilbv Residential Mortgage Collector EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Jessica Kilby Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Page 6 of 7 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PIIFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of 7 ACT 91 LETTER - 06/02/2011 7011 0110 0001 7199 9883 CERTIFIED RECEIPT PALLOTTA, AMERIGO / #5700914260(1057) m OFFICI lL US lr Poete9° 3 ,i pETEqs.., a oefted Fee S20. ge9 ?Gi r C3 (End ue?8d} ? Poetrrxulc Here o n.eam w oeiwsy r-ea (End ! (? ?? ' F? Q Z i C3 ommem RegWw) i ra a Total Poe ? r o AMERIGO PALLOTTA USPS 5251 TERRACE RD ' C3 s m MECHANICSBURG, PA 17050-6813 r` crK; sure: •----- (lams 1, 2, and & Also oompleft a item 4 M Pmolcbd odvwy is dstlired. ¦ Pdnt your no. arrd address on the reverse x so that vra can realm the card to you. 4 ¦ Atlach this cad to to bade of the magplece, or on the front if apace pemtlt L 1. Amide Addressed u AME#IGO PALLOTTA D Agent 0 Addlaeses Q Dale of Delvery Ie dmlWwy ad*m date @nt from Note v ? Yes K YES, enter deovmy addre ] No 525CERRACE RD 12 t Amp 9 MECIANICSBURG, PA 17050-6813 raan v ? o RlOdWW E3 EieNan EMetottedlee ? !neared !map O OA.D. 4. Pasbioted Dalbrary'a aft fto p Yes j 2 AA1ds.Nlanber I (? wm t:rr?om swww 1®6x0 7D11 013.D- 4t1U1 7199 988 ps 381?'I, at ` f R taaws oz?t-150 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 =^' DANIEL S. SIEDMAN, ESQUIRE - ID #306534 PAIGE M. BELLING, ESQUIRE - ID#309091 LEE SCHOTTENFELD, ESQUIRE - ID#91654 CJ :77 HARRY B. REESE, ESQUIRE - ID#310501 WOODCREST CORPORATE CENTER ."W 111 WOODCREST ROAD, SUITE 200 ?') T, CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(i,udren.com r,. Fulton Bank, N.A. COURT OF COMMON PLEAS P.O. Box 4887, Lancaster, PA 17604 CIVIL DIVISION Plaintiff CUMBERLAND County v. NO. AMERIGO PALLOTTA A/K/A AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Daniel S. Siedman, Esquire; Paige M. Bellino, Esquire; Lee Schottenfeld, Esquire; Harry B. Reese, Esquire; on behalf of the Plaintiff, in the above- captioned matter. UD LAW OF ICES, P . ?- B Sherri J. Braunstein, Esquire PA ID 90675 ltk,t" UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NJ 08003-3620 ' JERLPAD COUNT "T' 856-669-5400?FfSYLVaNia pleadings ,udren.com Fulton Bank, N.A. COURT OF COMMON PLEAS P.O. Box 4887 CIVIL DIVISION Lancaster, PA 17604 Cumberland County Plaintiff V. AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 Defendant(s) MORTGAGE FORECLOSURE NO. 11-8217 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), AMERIGO J. PALLOTTA; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: FROM TO Unpaid Principal Balance $158,833.01 Interest Per Complaint $4,083.70 Additional Interest 10/12/2011 06/11/2012 $5,175.24 Late Charges Per Complaint $258.78 Additional Late Charges 10/12/2011 06/11/2012 $631.04 Escrow Per Complaint $6,973.67 Title Report $325.00 Attorney Fees $1120100 Grand Total $177,580.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, a copy of which is attached hereto. UDREN L FIC SBY: Attorne 5 r Plaintiff euzASErH WASSA11" Esc. DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO MJU#: 11100293 CASE#: 11100293-1 o.+, #y3? vtal(846? NtACC We, COPY UDREN LAW_ OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE'- ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID.#90675 DANIEL S. SIEDMAN, ESQUIRE - ID #306534" PAIGE M. BELLINO, ESQUIRE - ID#309091 a- LEE SCHOTTENFELD, ESQUIRE - ID#91654= ?-? HARRY B. REESE, ESQUIRE - ID#310501» - WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 " `. 856-669-5400 pleadinesr udren.com Fulton Bank, N.A. CIO Fulton Bank - Direct Referred P.O. Box 4887 Lancaster, PA 17604 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. V. AMERIGO PALLOTTA A/K/A AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , of&rr1 Jody S Smith Chief Deputy FQ _. Richard W Stewart Solicitor OFFICE OF THS SHERIFr Fulton Bank Case Number vs. 2011-8217 Amerigo J. Pallotta SHERIFF'S RETURN OF SERVICE 11/01/2011 05:46 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 1, 2011 at 1746 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amerigo J. Pallotta, by making known unto Kathleen Pallotta, Wife of Defendant at 5251 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and cc copy of the same. i AMANDA SHERIFF COST: $38.00 November 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?ci CnimiySutte Shori!i, Telciosoft. Iris. t1! WA3 ? UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 --- Fulton Bank, N.A. Plaintiff V. AMERIGO PALLOTTA A/K/A AMERIGO J. PALLOTTA Defendant(s) TO: AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-8217 Date of Notice: May 29, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND ES SEWTRFITING AGAINST YODU.RT UR YOU DEFENSES OR OBJECTIONS TO THE CLAIM UNS ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODR.A, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LAW OFFICES, PC. ; ,,, --- BY: Plaintiff $. BELLINO, ESQUIRE PAID 309091 Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 MJU#: 11100293 CASE#: 11100293-1 Department of Defense Manpower Data Center 40 Staff Rq)wt Pursuant to Servicentembers Civil Rehef Act Last Name: PALLOTTA First Name: AMERIGO Active Duty Status As Of: Jun-11-2012 Results as of : Jun-11-2012 12:47:20 SCRA 22.1 Active Duty Start Date Active Duty End Date Statim Service Component On Active ""Duty on Active Duty Status Date ' NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Leff. Active Duty WhW 367 Days of Adtn Duty SWUS Data. . Active Duty Start Dam Active Duty End-Dda stores component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HiaMer Unit was:NotHfed of a Future Call-Up to Active.Dury an Active: DutyStatrs Date ; Order Notification Start :Date (kder Notification End Date sm. service. Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. )U? )4. "'a W7 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The befense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: FV7HB2FOMH UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com Fulton Bank, N.A. Plaintiff V. Amerigo J. Pallotta Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-8217 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), AMERIGO J. PALLOTTA, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s) of birth and/or Social Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Attorney for Plaintiff ELIZABETH L WASSAIL, ES(, PA ID 77788 MJU#: 11100293 CASE#: 11100293-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-8217 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK, N.A. Plaintiff (s) From AMERIGO J. PALLOTTA (l) 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: $177,580.44 L.L.: $.50 Interest FROM 6/12/12 TO DATE OF SALE DECEMBER 5, 2012 ON GOING PER DIEM OF $21.21 - $3,754.17 Atty's Comm: % Atty Paid: $177.50 Other Costs: Plaintiff Paid: Date: 6/18/12 Due Prothy: $2.25 David D Buell, Pro o t y (Seal) By: Deputy REQUESTING PARTY: Name: HARRY B. REESE, ESQUIRE Address: UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 310501 i T UDREN LAW OFFICES, P.C. IS TORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER, J?a' 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 7.1 1,f;l cRLAND CG- UNTt'`` 856-669-5400 P E H S Y LVP,N 1 A plead nssAudren.com Fulton Bank, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County Amerigo J. Pallotta MORTGAGE FORECLOSURE Defendant(s) NO. 11-8217 PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due Interest From 6/12/2012 to Date of Sale December 5. 2012 Ongoing Per Diem of 21.21 to actual date of sale including if sale is held at a later date (Costs to be added) 38'. au a:)CRF i tQ . SO MJU#: 11100293 CASE#: 11100293-1 $ 177.580.44 $ 3.754.17 UDREN LAW OFFICES, P.C. BY. Atto 0_ OESEtl, B. R SQUIRE PA ID 310501 ?-? a? e g 31 ?i? of ?ZP. -r I'M uecl lsl i H 0N GT UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTPIJ? , j jlj AM T 09 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NJ 08003-3620 "_ I. i I BE RL A Q CO 1? ? T '? 856-669-5400 PENNSYLVANIA pleadings@udren.com Fulton Bank, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County Amerigo J. Pallotta MORTGAGE FORECLOSURE Defendant(s) NO. 11-8217 CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: M Act 91 procedures have been fulfilled L1 Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: Atto ey aintiff MAMYB. REESE, ESQUIRE PA I0- 310S01 IF# UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ` CHERRY HILL, NJ 08003-3620 856-669-5400 8, A leadin s udren.com : Fulton Bank, N.A. COURT OF COMMON PLEAS ?? A N D C 0 U N T', Plaintiff CIVIL DIVISION ` `- HP° S YLVA N IA V. Cumberland County Amerigo J. Pallotta MORTGAGE FORECLOSURE Defendant(s) NO. 11-8217 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Fulton Bank, N.A., Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 5251 Terrace Road, Mechanicsburg, PA 17050 1. Name and address of Owner(s) or reputed Owner(s): Amerigo J. Pallotta 5251 Terrace Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Kathleen Pallotta 5251 Terrace Road Mechanicsburg, PA 17055 Gregory S. Hazlett 7 West Main Street Mechanicsburg, PA 17055 Amerigo J. Pallotta 5251 Terrace Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: Fulton Bank, N.A. P.O. Box 4887 Lancaster, PA 17604 Sr Mortgage Holders - None I Fulton Bank 6520 Carlisle Pike Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Sr Ben Holders - None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 5251 Terrace Road Mechanicsburg, PA 17050 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: Federal Tax Lien Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: MJU#: 11100293 CASE#: 11100293-1 UDREN LAW OFFICES, P.C. BY* Attf r lain i HARRY S. A MM, ESQUi11E PA ID 310501 s r...i f t fJ I '0 Till 1'1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER = E? ` y?+ La 111 WOODCREST ROAD, SUITE 200 Rr0 COUNT'.' CHERRY HILL, NJ 08003-3620. S Y 856-669-5400 pleadinss(a)udren.com -I COURT OF COMMON PLEAS Fulton Bank, N.A. Plaintiff CIVIL DIVISION V. Cumberland County AMERIGO PALLOTTA A/K/A MORTGAGE FORECLOSURE AMERIGO J. PALLOTTA Defendant(s) NO. 11-8217 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Amerigo J. Pallotta 5251 Terrace Road Mechanicsburg, PA 17050 Your house (real estate) at 5251 Terrace Road, Mechanicsburg, PA 17050 is scheduled to be sold at the Sheriffs Sale on December 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $177,580.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for goad cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Fulton Bank, N.A. Plaintiff v. AMERIGO J. PALLOTTA; ET AL Defendant(s) ATTORNEY FOR PLAINTIFF :~ __ _ , e.:; s_ COURT OF COMMON PLEAS , ~'~ ~~ - CIVIL DIVISION ' l -- ~ --- CUMBERLAND County ~ ' `-- ~~~; ~- a --~ ~_ 1~ ---i NO. 11-8217 --~' ~~ .. - ~ ~, {~- MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Notice of Sale upon Defendant(s): AMERIGO J. PALLOTTA, by regular mail and certified mail, and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) as follows: AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 A copy of the Return of Service is attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit "B". 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. Plaintiff conducted a Postal Search Inquiry which did not reveal any new addresses or information. A copy of the Postal Search results is attached hereto as Exhibit "C". 5. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sale upon said in paragraph 1, by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY: ~~ -- Attorneys for Plaintiff KASSiA FIALKOFF, ESQUIRE F'A ID 310530 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~,~ci~~'' =; '<: usa't tar: ~i~ rt y Fulton Bank Case Number vs. Amerigo J. Pailctta 2011-8217 SHERIFF'S RETURN OF SERVICE 09/21/2012 07:44 PM -Deputy Ryan Burgett, 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 5251 Terrace Road, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 10/15/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named De#endant, to wit: Amerigo J. Pallotta, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Reai Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 5251 Terrace Road, Mechanicsburg, PA 17050, property is vacant, defendant did not leave a forwarding address with the post office. SHERIFF COST: $89920 October 15, 2012 tca ^;;unpft~.iiir. 'a .r~i(C Trir:;^>o~t.. Iec. SO ANSWERS, -.,.... RONI~ R ANDERSON, SHERIFF EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. r 111,'1'UN ttHNK ,Plaints€€{s) - against - AMERIGO PALLOTTA A/iC/A AMERIGO J. PALLOTTA, ET AL ,De€eadantts) AFFIDAVIT OF DUE DILIGENT INQUIRI' I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE OF EIGHTEEN YEARS AND NOT A PARTX TO THE ACTION, ATTEMPTED TO LOCATE THE FOLLOWING FOR SERVICE OF PROCESS: CERT. OF DILIGENT INQUIRY FOR CURRENT ADDRESS. AND THAT AFTER DUE AND DILIGENT SEARCH AND INQUIRY AT THE RESSDENCE: 5251 TERRACE ROAD MECHANICSBURG PA 17050 ALTERNATE ADDRESS: UNKNOWN I HAVE ATTEMPTED TO T,OCATF; THE FOLLOWING NAMED; AMERIGO PALLOTTA A/K/A AMERIGO J. PALLOTTA THE FOLLOWING INFORMATION IS CURRENTLY AVAILABLE PER PERMISSIBLE INQUIRY; 10/19/12 CERT. OF DI~,IGENT INQUIRY BEING PROCESSED. 10/19/12 DILIGENT INQUIRY INDICATES AS FOLLOWS:-- SS#; XXX-XX-X304 NAME: AMERIGO J, FALLOTTA ADD; 5251 TERRACE ROAD MECHANICSBURG, PA 17050-6813 DOB: 11/01/1974 TELE #: 717-7b1-3266 LISTED TO AMERIGO PALLOTTA AT 5251 TERRACE ROAD, MECHANICSBURG, PA. 10/19/12 PA VOTER REGISTRATION INQUIRY INDICATES THAT AMERIGO PALLOTTA WITH DOB 11/01/1974 IS A REGISTERED VOTER IN CUMBERLAND COUNTY, PA. 10/19/12 THE RBOVE IS THE MOST CURRENT INFORMATION ON FILE FOR THIS SUBJECT AT THIS TIME. r ~., 1 ,~~~ ' ~: c~'~~.~ SEARCHER: LOUIS CIFELLI DGR - The Souxce for Legal Support Continued on next page 1359 Littleton Road, Morris Plains, NJ 07950-3000 EXHIBIT B File # 11100293-Z {973) 403-1700 Fax {g73) 403-9222 Work Order # 902848 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA _ Docket No. FULTON SANK -- ,Plaintiff {s} - against - AMERIGO PALLOTTA AjK/A AMERIGO J. PALLOTTA, ET AL ,Defendant {s} SI40RN AND SUBSCRIBED TO BEFORE ME THIS t~. ~, - ". ~ ~~ ,~r;r. DAY OF ~_,`.`~~_. 20 r:~ , ,1; yf r MELISSA GtAMBA7-77S7A NOTARY PUBLIC OF NEW JERSEY ~y Commis~lon ~xplr~~ eepl, ~ 1, a914 DGR - The Source Por Legai Support 1359 Littleton Road, Morris Plains, NJ 07950-3000 File # 11100293-1 {973) 403-1700 Fax (973} 403-9222 Work Order # 902848 Udren Law Offices, PC. Woodcrest Corporate Center 111 Woodcrest Road Cherry Bill, New Jersey 08003 TO; POSTMASTER DATE: October 19, 2012 Mechanicsburg, PA, 17050 CASE No.: 11100293-1 riease zutmsn the new saaress or the name and street address (if a boxholder} for the following. Please take spec note that this request deals with a matter pending in Court and, therefore, any information. available would be greatly appreciated, even if any existing forwarding order has expired. NAME: Amerigo J. Pallotta LAST KNOWN ADDRESS: 5251 Terrace Road, Mechanicsburg, PA 17050 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required.for boxholder information, The following information is provided in accordance with 39CFR 265.6(d)(6)(ii.). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39CFR 265.6(d}(1) and (2) and corresponding Administrative Support Manua1352.44a and b. 1. Capacity of requester: Attomev at Law 2. Statute/regulation that empowers me to serve process (not required if requester is an attorney) 3. The names of known parties to the litigation: (Fulton Bank -Direct Referred} vs. NAME: America J. Pallotta 4. The Court in which ;the case has been or will be heard: Cumberland County Pennsylvania 5. The docket or other identifying number if one has been issued: 2011-8217 6. The capacity in which this individual is to be served (defendant, witness): Defendants} WARMNG 77LE SUBMISSION OF FALSE INFORMATION TO OBTAINAND USE CHANGE OF ADDRESS INFURMATION OR BOXFIOLDER INFORMATION FOR ANY OTHER PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITHACTUAL OR PROSPECTIYELITIGATIONCOULD RESULTIN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO ,~10, 000 OR IMPRISONMENT OR (2) TD AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN FIVE YEARS, OR BOTH. (TITLE 18 U.S.C. SECTION 1001) I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Udren Law Offices, PC. Woodcrest Corporate Center i 1 oodcrest Road / ~/~ er~y Hill, New Jersey~663~,__. BY: *********************~********~*~•~*******~*****~******w*****~*+~***~~*~~**~****~~**~ POST OFFICE USE ONLY NEW ADDRESSBOXHOLDER'S NAME AND STREET ADDRESS Not known at address given No such number AFFIX POSTMARK HERE ,~ Left no forwarding ~ No change of address on file i No such street _ GOOD AS ADDRESSED ~~.5201z~:, EXHIBIT C UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Fulton Bank, N.A. ~, COURT OF COMMON PLEAS Plaintiff 'CIVIL DIVISION CUMBERLAND County v. AMERIGO J. PALLOTTA; ET AL NO. 11-8217 Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriff s return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of .concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). .An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit "A", the Sheriff and/or Process Server has been unable to serve the following Defendant(s) at their last known addresses: A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "B". Plaintiff conducted a Postal Search Inquiry which did not reveal any new addresses or information. A copy of the Postal Search results is attached hereto as Exhibit "C". WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sale upon Defendant(s) by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. ~~~ _~. BY: _~-------- Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Fulton Bank, N.A. Plaintiff v. AMERIGO J. PALLOTTA; ET AL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION CUMBERLAND County ~ NO. 11-8217 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by U.S. mail on each of the attached parties or their attorneys this 21sT day of November, 2012. Udren Law Offices, P.C. Attorney for Plaintiff . _ _. ._.. . __ r By: KASSIA FIALKOFF, ESQUIRE PA ID 310530 SERVICE LIST CUMBERLAND COUNTY, PENNSYLVANIA CCP. No. Docket Number: 11-8217 NAME: AMERIGO J. PALLOTTA MAILING ADDRESS: 5251 TERRACE ROAD MECHANICSBURG, PA 17050 3 IN THE •COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CiViL TRIAL DIVISION r Fulton Bank, N.A. Plaintiff v. AMERIGO J. PALLOTTA; ET AL Defendant(s) NO. 11-8217 _~1 r.~ ~ ~~ -~ 3 -=-~ ~~ ~ -,~ ,, ~,: cn r ~,a -~~,' ca r- rn_ '~ ~ 1 -~ ("`~ '~ ~_ 1 d-_~ (~~, rte..-~ --, ^r, .~, r ~ ~_. ;, -, "f"~ .~'_ ~~ ~,:y ORDER AND NOW, this ~~~ay of ~Y~~012, upon consideration of Plaintiff s Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale on Defendant(s), AMERIGO J. PALLOTTA, shall be complete when Plaintiff or its counsel or agent has served true and correct copies of the Notice of Sale by posting the mortgage premises at: 5251 TERRACE ROAD MECHANICSBURG, PA 17050 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: AMERIGO J. PALLOTTA 5251 TERRACE ROAD MECHANICSBURG, PA 17050 BY T -OUR • .~-t~tC~.C, J. ~y ~~ ~t~ <<~~o~~~ ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson €`ti - l; Sheriff 4 11 t ai �tar�&firs ( a THE F rlli 1 Jody S Smith Chief Deputy Y',. H i 3 MI A R Gn S5.e4 <6Xe„d h,g9 Richard W Stev=art C ��BERLANi �7 4 Solicitor PENNSYLVAIN1A Fulton Bank V& Case Number Amerigo J. Pellotta 2011-8217 SHERIFF'S RETURN OF SERVICE 09/21/2012 07:44 PM-Deputy Ryan Burgett, 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 5251 Terrace Road, Hampden Township, Mechanicsburg, PA 17050, C imberland County. 10/15/2012 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit:Amerigo J. Pallotta, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 5251 Terrace Road, Mechanicsburg, PA 17050, property is vacant, defendant did not leave a forwarding address with the post office. 11/29/2012 As directed by Harry B. Reese,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/612013 02/06/2013 Ronny R.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, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania on February 6, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Harry B. Reese, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,372.73 SO ANSWERS, March 18, 2013 RONW RR ANDERSON, SHERIFF l 7� I" b=L vc:u-vr''.'iP"' iP:G 7 Ifs OSr,t t"if:. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 68003-3620 856-669-5400 pleadinsw( udren.com Fulton Bank, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County Amerigo J. Pallotta MORTGAGE FORECLOSURE Defendant(s) NO. 11-8217 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Fulton Bank, N.A., Plaintiff in the above action,by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 5251 Terrace Road, Mechanicsburg, PA 17050 1. Name and address of Owner(s) or reputed Owner(s): Amerigo J. Pallotta 5251 Terrace Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Kathleen Pallotta 5251 Terrace Road Mechanicsburg, PA 17055 Gregory S. Hazlett 7 West Main Street Mechanicsburg, PA 17055 Amerigo J. Pallotta 5251 Terrace Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: Fulton Bank, N.A. P.O. Box 4887 Lancaster, PA 17604 Sr Mortgage Holders - None Fulton Bank 6520 Carlisle Pike Mechanicsburg,PA 17055 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA,Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 5251 Terrace Road Mechanicsburg, PA 17050 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: Federal Tax Lien Holders -None Condo/Homeowners Association -None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: ' L UDREN LAW OFFICES P.C. BY ,� Att f r lain i HARRY B. REESE, ESQUIRE MJU#: 11100293 CASE#: 11100293-1 PA ID 310501 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Pleadin2s(a-),udren.com Fulton Bank,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County AMERIGO PALLOTTA A/K/A MORTGAGE FORECLOSURE AMERIGO J. PALLOTTA Defendant(s) NO. 11-8217 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Amerigo J. Pallotta 5251 Terrace Road Mechanicsburg, PA 17050 Your house (real estate) at 5251 Terrace Road, Mechanicsburg,PA 17050 is scheduled to be sold at the Sheriffs Sale on December 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of$177,580.44, obtained by Plaintiff above(the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale,you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment,late charges,costs and reasonable attorney's fees. To find out how much you must pay,you may call: (856)669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened,you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale.This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after Schedule of Distribution is filed. 7. You may also have other rights and defenses,or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD.ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 ALL THAT CERTAIN TRACT OR PARCEL OF LAND,SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF THE PUBLIC ROAD OR STREET KNOWN AS TERRACE ROAD, AT THE DIVIDING LINE BETWEEN LOTS NO. 6 AND 7 ON THE HEREINAFTER MENTIONED PLAN, SAID POINT ALSO BEING LOCATED A DISTANCE OF SIX HUNDRED (600) FEET SOUTH FROM A STEEL PIN AT THE NORTHWEST CORNER OF LOT NO. 1 ON SAID PLAN, AT THE NORTHERN LINE OF SAID PLAN; THENCE SOUTH ALONG THE EASTERN LINE OF SAID TERRACE ROAD, A DISTANCE OF NINETY (90) FEET, MORE OR LESS, TO A POINT ON THE NORTHERN LINE OF A. STRIP, TWENTY (20) FEET WIDE, USED FOR INGRESS, EGRESS AND REGRESS TO AND FROM THE CONODOGUU'4ET CREEK; THENCE EAST ALONG THE NORTHERN LINE OF SAID STRIP, TWENTY (20) FEET WIDE, A DISTANCE OF TWO HUNDRED AND FIFTY (250) FEET, MORE OR LESS, TO THE CONODOGUINET CREEK: THENCE NORTH ALONG SAID CONODOGUNIET CREEK A DISTANCE OF NINETY (90) FEET, MORE OR LESS, TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NO. 6 AND 7, AFORESAID; I THENCE WEST ALONG SAID DIVIDING LINE, A DISTANCE OF TWO HUNDRED AND FIFTY-FIVE (255) FEET, MORE OR LESS, TO THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 7, AS SHOWN ON THE PLAN OF LOTS KNOWN AS "GOOD HOPE TERRACE", RECORDER IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA,IN PLAN BOOK 4,PAGE 48. HAVING THEREON ERECTED A BRICK, RANCH-TYPE DWELLING KNOWN AND NUMBERED AS 5251 TERRACE ROAD,MECHANICSBURG,PA 17055. UNDER AND SUBJECT, NEVERTHELESS, TO ALL RESTRICTIONS, RESERVATIONS, CONDITIONS, COVENANTS, EASEMENTS AND RIGHTS OF WAY OF PRIOR RECORD. AS DESCRIBED IN MORTGAGE INSTRUMENT NO. 2009255417 BEING KNOWN AS: 5251 TERRACE ROAD,MECHANICSBURG, PA 17050 PROPERTY ID NO.: 10-18-1319-183 TITLE TO SAID PREMISES IS VESTED IN AMERIGO J. PALLOTTA,MARRIED PERSON BY DEED FROM CRAIG M. FRANK AND JAN E. FRANK,HIS WIFE DATED 02/04/2003 RECORDED 02/12/2003 IN DEED BOOK 255, PAGE 3754. 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8217 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK, N.A. Plaintiff(s) From AMERIGO J.PALLOTTA (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, (J) 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: $177,580.44 L.L.: S.50 Interest FROM 6/12/12 TO DATE OF SALE DECEMBER 5,2012 ON GOING PER DIEM OF $21.21 -S3,754.17 Attv's Comm: % Due Protbv:$2.25 Atty Paid: $177.50 Other Costs: Plaintiff Paid: Date: 6/18/12 David (Seal) B Y. REQUESTING PARTY: Name: HARRY B. REESE,ESQUIRE Address: UDREN LAW OFFICES,P.C. 1 1 1 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Telephone: 856-669-5400 and the Seal of said C urt at Carlisle,Pa. Supreme Court ID No.310501 ThIs—iZ—day Of 20 142 On July 19, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered 5251 Terrace Road, Mechanicsburg, PA 17050 more fully described on Exhibit "A" filed with this grit and by this reference incorporated herein. Date: July. 19, 2012 C By; Claudia Brewbaker, Real Estate Coordinator oz :8 '1 oz Inc tilt 331�i3�S 3H� .�4 3�i3� CUMBERLAND LAW JOURNAL Writ No.2011-8217 Civil Term conditions, covenants, easements and rights of way of prior record as FULTON BANK described in Mortgage Instrument vs. No.200925417. AMERIGO J. PALLOTTA BEING KNOWN AS:5251 Terrace Road,Mechanicsburg,PA 17050. Atty.: Mark Udren PROPERTY ID NO.: 10-18-1319- ALL THAT CERTAIN tract or par- 183. cel of land, situate in the Township TITLE TO SAID PREMISES IS of Hampden,County of Cumberland VESTED IN Amerigo J. Pallotta, and State of Pennsylvania, being married person by deed from Craig more particularly bounded and de- M. Frank and Jan E. Frank his scribed as follows,to wit: wife dated 02/04/2003 recorded BEGINNING at a point on the 02/12/2003 in Deed Book 255, eastern line of the public road or Page 3754. street known as Terrace Road, at the dividing line between Lots No. 6 and 7 on the hereinaffer mentioned plan, said point also being located a distance of six hundred (600) feet south from a steel pin at the north- west corner of Lot No.l on said plan, at the northern line of sa plan;thence south along the eastern line of said Terrace Road,a distance of ninet(90) feet, more or less, to a point on the northern line of a strip, twenty(20) feet wide,used for ingress,egress and regress to and from the Conodogui- net. Creek; thence east along the northern line of said strip,twenty(20) feet wide,a distance of two hundred and fifty (250) feet, more or less; to the Conodoguinet Creek; thence north along said Conodoguniet Creek a distance of ninety(90)feet,more or less, to a point on the dividing line between Lots No.6 and 7,aforesaid; thence west along said dividing line,a distance of two hundred and fifty-five (255)feet,more or less,to the point ani)place of BEGINNING. BEING Lot No.7,as shown on the plan of lots known as "Good Hope Terrace",recorded in the Office of the Recorderof Deeds in and for Cumber- land County, Pennsylvania, in Plan Book 4,Page 48. HAVING THEREON ERECTED a brick, ranch-type dwelling known and numbered as 5251 Terrace Road. Mechanicsburg,PA 17055. UNDER AND SUBJECT,neverthe- less,to all restrictions,reservations, 74 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 26, November 2 and November 9, 2012 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. Lisa Marie Co e,Editor SWORN TO AND SUBSCRIBED before me this 9 da y of November, 2012 Notary NOTARIAL SET DEBORAH A COLLINS I Notary Public CARLISLE BOROUGH.CUMBERLAND COUNTY Commission X� MY comMission Expires Apr 28,2014 2011-8217 Clvll Term FULTON BANK VS. AMERIGO J.PALLOTTA Atty: Mark Udren ALL THAT CERTAIN TRACT OR PARCEL OF LAND,SITUATE IN THE TOWNSHIP OF HAMPDEN,COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,BEING,MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF THE PUBLIC ROAD OR STREET KNOWN AS TERRACE ROAD,AT THE DIVIDING LINE BETWEEN LOTS NO.6 AND 7 ON THE HEREINAFTER MENTIONED PLAN,SAID POINT ALSO BEING LOCATED A DISTANCE OF SIX HUNDRED(600)FEET SOUTH FROM A STEEL PIN AT THE NORTHWEST CORNER OF LOT NO.1 ON SAID PLAN,AT THE NORTHERN LINE OF SA PLAN;THENCE SOUTH ALONG THE EASTERN LINE OF SAID TERRACE ROAD,A DISTANCE OF NINETY(90)FEET,MORE OR LESS, TO A POINT ON THE NORTHERN LINE OF A STRIP,TWENTY(20) FEET WIDE,USED FOR INGRESS, EGRESS AND REGRESS TO AND FROM THE CONODOGUINET. CREEK;THENCE EAST ALONG THE NORTHERN LINE OF SAID STRIP,TWENTY(20)FEET WIDE, A DISTANCE OF TWO HUNDRED AND FIFTY(250)FEET,MORE OR LESS;TO THE CONODOGUINET CREEK;THENCE NORTH ALONG SAID CONODOGUNIET CREEK A DISTANCE OF NINETY(90)FEET, MORE OR LESS,TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NO. 6 AND 7,AFORESAID;THENCE WEST ALONG SAID DIVIDING LINE,A DISTANCE OF TWO HUNDRED AND FIFTY-FIVE(255)FEET,MORE OR LESS,TO THE POINT ANI)PLACE OF BEGINNING. BEING LOT NO.7,AS SHOWN ON THE PLAN OF LOTS KNOWN AS"GOOD HOPE TERRACE",RECORDED IN THE OFFICE OF THE RECORDEROF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA,IN PLAN BOOK 4,PAGE 48. HAVING THEREON ERECTED A BRICK,RANCH-TYPE DWELLING KNOWN AND NUMBERED AS 5251 TERRACE ROAD.MECHANICSBURG, PA 17055. UNDER AND SUBJECT, NEVERTHELESS,TO ALL RESTRICTIONS,RESERVATIONS, CONDITIONS,COVENANTS, EASEMENTS AND RIGHTS OF WAY OF PRIOR RECORD AS DESCRIBED IN MORTGAGE INSTRUMENT NO.200925417 BEING KNOWN AS:5251 TERRACE ROAD,MECHANICSBURG,PA 17050 PROPERTY ID NO.:10-18-1319-183 TITLE TO SAID PREMISES IS VESTED IN AMERIGO J.PALLOTTA, MARRIED PERSON BY DEED FROM CPAIG M.FRANK AND JANE. FR;NK HIS WIFE DATED 02104/2003 RECORDED 02/12/2003 IN DEED BOOK 255,PAGE 3754. 4 The Patriot-News Co. "2020 Technology Pkwy at otwxtws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication i in i�rnrar�,r� Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Sine 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M°,Volume 14, Page 317. PUIBI.ICATION COPY This ad ran on the d*Ws)shown below: I' 10126/12 11102/12 11/09/12 r Sworn ub 'bed before e t ' ovem r, 2012 A.D. Notary Public sfwrie f L e a A6Q Wines NOV.,�Y M5YtVq�yL4 28 X025 C1A7IOi�L�F Fax: Nov 29 2012 09:40am P001/001 UDRENLAW OFFICES, AC W000CREST CORPYIRATE CMV7U �x�1D N, 1II CRRSTXtt?" Nr r r.� WMASUM 200 C,RMYHH l, iV$W JERSEY 08w 3620 856.669.5400 MA FAX-856. 669. 5399 EA ?. MAC I)E�IGN, I"COMIRL November 28,201,2 Sent via fax 0{717)240.6397 Cmaberlid County Sheriffs Office AA,tba:steal Estate Re: Fulton Ba*N.A. VS. AME Cumberland County Docket N Premises: 5251 Ttriiee Road,Mechanicsburg,PA 17050 She;ca s Sale No.: To whom it may concern: Thank you for your attention to fis matter_ If you have any questions or concrrns please contact us via email: Si ncatly, IJ&w Law Offices),P. Hen rleuCta Croce Forecloswe Specialist MM#: 11100293 CASE#: 11180293-1 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 Sheriffs Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 6th day of February A.D.,2013,under and by virtue of a writ Execution issued on the l 8th day of June,A.D.,2012,out of the Court of Common Pleas of said County as of Civil Term,2011 Number 8217, at the suit of Fulton Bank,N.A. against Amerigo J. Pall otta is duly recorded as Instrument Number 201308893. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this �' Y da of A.D. corder of Deeds Record rd My CWv* m rw dJw 2W