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HomeMy WebLinkAbout13-3866 - t Supreme Court of Pennsylvania Court of Common Pleas For Prodronolarr Use Only. Civil Cover Sheet Docket No: Cumberland County 1 16- (o The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadin s or other a pers as required by law or rules of court. S Commencement of Action: E x Complaint ❑ Writ of Summons ❑ Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin Lead Plaintiff's Name: THE BANK OF NEW YORK Lead Defendant's Name: JULIET A. FULLER T MELLON, AS INDENTURE TRUSTEE, ON BEHALF OF T THE HOLDERS OF THE CSMC TRUST 2010 -16 o MORTGAGE - BACKED NOTES AND CERTIFICATES, SERIES 2010 -16 N Are money damages requested? : ❑ Yes X No Dollar Amount Requested: within arbitration limits A I (Check one) outside arbitration limits Is this a Class Action Suit? ❑❑ Yes ❑X No I Is this an MDJA eal? ❑ Yes ❑X No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel, Esq. ❑ Check here if you are a Self-Represented (Pro Se ) Litigant N nture of the Case Place an "ti'• to the left of the ONE case categoti- that most accurately describes your PRE114RY C1 E. If you are making more than one Type of claim, check the one that you consider most important. TORT (do no, inctnde 1 Vass Tort) CONTRACT (donor Include judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution l] Debt. Collection: Credit Card l] Board of Assessment Motor Vehicle Q Debt Collection: Other E] Board of Elections 0 Nuisance 0 Dept. ofTramportation 0 Premises Liability 0 Statutory Appeal: Other S ❑ Product Liability (does not inchida E E »lass tort) (] Employment Dispute: Q nays ' 1 rtLibeit Defamation Discrimination C E] Other_ Employment Dispute: Other 0 Zoning Board - Q Other: I 0 Other: o -MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES _ 0 Toxic Tort - Implant REAL PROPERTY 'MISCELLA\EOUS Q Toxic Waste © Other: ❑ Ejectment 0 Connnon Law/Statutory ArbitArbitration raon B El Eminent. Domain /Condenutuion 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord+Terant, Dispute B \on- Domestic Relations E] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Conunrercial ❑ Quo warranto 0 Dental 0 Partition 11 Replevin 0 Legal 0 Quiet Title Other: 0 Medical 0 Other: 0 Other Professional: updated M/_"01 1 MARTHA E. VON ROSENSTIEL, P.C. t. s b ROT HON N0 32066CFC -AB Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 N13 JUL -5 PM 1 649 South Avenue, Suite 7 Secane, PA 19018 PENES uvolA (610) 328 -2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS COURT OF COMMON PLEAS OF INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY HOLDERS OF THE CSMC TRUST 2010 -16 MORTGAGE - BACKED NOTES AND CERTIFICATES, SERIES 2010 -16 3815 South West Temple Salt Lake City, Utah 84115 -4412 Plaintiff V. NO. 13 - 2A (, JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 1.7055 Defendant CIVIL ACTION — MORTGAGE FORECLOSURE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la torte. Si usted quiere defenderse de set forth in the following pages, you must take action within twenty estas demandas expuestas en las paginas siguientes, usted tiene (20) days after this complaint and notice are served, by entering a veinte (20) dias de plazo al partir de la fecha de la demanda y la written appearance personally or by attorney and filing in writing with notification. Hace falta a sentar una comparencia escrita o en the court your defenses or objections to the claims set forth against you. persona o con un abogado y entregar a la corte en forma escrita sus You are warned that if you fail to do so the case may proceed without defensas o sus objeciones a las demandas en contra de su persona. you and a judgment may be entered against you by the court without Sea a visado que si usted no se defiende, la corte toma ra medidas y further notice for any money claimed in the complaint or for any other puede continuar la demanda en contra suya sin previo aviso o claim or relief requested by the plaintiff. You may lose money or notification. Ademas, la corte puede decidir a favor del demandante property or other rights important to you y requiere que usted cwmpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW. THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY UN ABOGADO, LE PODEMOS DAR INFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A REDUCED FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 - 249 -3166 800 - 990 -9108 s THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR 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. MARTHA E. VON ROSENSTIEL, P.C. 32066CFC -AB Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328 -2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS COURT OF COMMON PLEAS OF INDENTURE TRUSTEE, ON BEHALF OF CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010 -16 MORTGAGE - BACKED NOTES AND CERTIFICATES, SERIES 2010 -16 3815 South West Temple Salt Lake City, Utah 84115 -4412 Plaintiff V. NO. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendant CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010 -16 Mortgage- Backed Notes and Certificates, Series 2010 -16, represented herein by Select Portfolio Servicing, Inc., it's servicing agent which has offices for the conduct of business at 3815 South West Temple, Salt Lake City, Utah 84115 -4412. 2. Defendant, Juliet A. Fuller is the mortgagor and real owner of premises 457 Heisey Road, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor, and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant, mortgagor, and real owner to Mortgage Electronic Registration Systems, Inc. as Nominee for SLM Financial Corporation on July 31, 2006, which mortgage was recorded on August 10, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1961, Page 4401, secured on premises 457 Heisey Road, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage was then assigned to DLJ Mortgage Capital Inc., by written assignment dated November 15, 2007 and recorded on December 3, 2007 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 200744846. 5. The mortgage has since been assigned to The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010 -16 Mortgage- Backed Notes and Certificates, Series 2010 -16 by written assignment dated May 13, 2013 and recorded on May 20, 2013 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Instrument No. 201316482. 6. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 7. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from December 2012 and each month thereafter, up to and including the present time. 8. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 9. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 267,927.89 Interest from 11/1/2012 to 5/30/2013 at $14.26 per diem $ 3,030.71 Accrued Escrow deficit $ 1,365.90 Attorney's Fee $ 1,650.00 Accrued Late Charge Balance $ 1,128.33 Total $ 275,102.83 10. Plaintiff sent to defendant, mortgagor and real owner a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 as amended by Act 160 of 1998 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $275,102.83, plus per diem interest at $14.26 from May 31, 2013 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rosen Heather Riloff, Esqui Attorneys for Plaintiff VERIFICATION Diana MemmOU hereby states that he /she is the Document Control Officer of Select Portfolio Servicing, Inc., Servicing Agent for The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSM.0 Trust 2010 -16 Mortgage - Backed Notes and Certificates, Series 2010 -16, plaintiff herein; that he /she is duly authorized to make this Verification on behalf of The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 201.0 -16 Mortgage- Backed Notes and Certificates, Series 2010 -1.6 and verifies that the statements made in the foregoing Complaint in The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010 -16 Mortgage- Backed Notes and Certificates, Series 2010 -16 v. Juliet A. Fuller relating to the property located at 457 Heisey Road, .Mechanicsburg, PA 17055 are true and correct to the best of his /her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Ty: Diana Memmott Title: Document Control Off icer Select Portfolio Servicing, Inc. as servicer for The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 201.0 -1.6 Mortgage- Backed Notes and Certificates, Series 2010 -16 Dated: 75U. 1' \t- Lq \ C� \� EXHIBIT I LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Heisey Road (T -450), said point being at the northwest corner of said Lot No. 9 herein; thence along the southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the eastern right of way line of Heisey Road (T -560); thence along said Road North 00 degrees 23 minutes 05 seconds West 100.00 feet to a point, the place of BEGINNING. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be a covenant running with the land as to Lots Nos. 9 and 10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. PARCEL IDENTIFICATION NO: 22 -11- 0280 -083., CONTROL #: 22000706 EXHIBIT II SELF" S�� «�lfi�G 9�rr K JULIET A FULLER 457 HEISEY RD MECHANICSBURG, PA 17055 LR964 00004214000607010500 0010915643 Date: February 12, 2013 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 pages. T he HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take t his Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE' STAMO 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. LR964 00004214000607020500 00109 5643 HOMEOWNER'S NAME(S): JULIET A FULLER PROPERTY ADDRESS: 457 HEISEY RD MECHANICSBURG, PA 17055 LOAN ACCT. NO.: 0010915643 ORIGINAL LENDER: SLM Financial Corp. CURRENT LENDER/SERVICER: Select Portfolio Servicing, Inc. 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. LR.964 0010915643 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 OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY 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 EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 tune, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 457 HEISEY RD MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Itemization of Amount Required to Cure Cure Date: 03/14/2013 Payment due for 12/01/2012 $ 3,894.51 Total amount due includes Escrow Payments (Taxes /Insurance). Your current monthly escrow payment is $462.37 Accrued Late Charges 1,128.33 Advances made on Customer's behalf 0.00 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 5,022.84 Unapplied balance 0.00 AMOUNT REQUIRED AS OF February 12, 2013 TO CURE THE DEFAULT $ 5,022.84 LR964 00004214000607030500 0010915643 S HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,022.84, 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: Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165 -0450 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 Sheriffs 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City, UT 84165 -0250 Phone Number: (888) 818 -6032 Fax Number: (801) 293 -3936 Contact Person: Jennifer Coleman LR964 66109 1 6643 EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any tune. ASSUMPTION OF MORTGAGE -You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THI'S 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. Y•tii LR964 00004214000607040500 0010915643 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 09/10/2012 05:11 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717 - 780 -3940 800 - 342 -2397 t LR964 00004214000607050500 0010915643 1 FORM 1 THE BANK OF NEW YORK MELLON, AS IN THE COURT OF COMMON PLEAS OF INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY, HOLDERS OF THE CSMC TRUST 2010 -16 PENNSYLVANIA MORTGAGE - BACKED NOTES AND CERTIFICATES, SERIES 2010 -16 3815 South West Temple Salt Lake City, Utah 84115 -4412 Plaintiff CI vI VS. NO. 1 - 3 0 fO 6 JULIET A. FULLER e ZZ 457 Heisey Road co Mechanicsburg, PA 17055 X� a Of'_ Defendant -< > cry NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM = You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE, THIS PROGRAM IS FREE. Respectfully submitted: June 25, 2013 lily Date Signature of Counsel for Plai ti Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes n No n If yes, please indicate the status of the application: _ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: _ AUTHORIZATION - - — I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 THE BANK OF NEW YORK MELLON, AS IN THE COURT OF COMMON PLEAS OF INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY, HOLDERS OF THE CSMC TRUST 2010 -16 PENNSYLVANIA MORTGAGE - BACKED NOTES AND CERTIFICATES, SERIES 2010 -16 3815 South West Temple Salt Lake City, Utah 84115 -4412 Plaintiff vs. NO. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated _, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is _ the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program; and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 THE BANK OF NEW YORK MELLON, AS IN THE COURT OF COMMON PLEAS OF INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY, HOLDERS OF THE CSMC TRUST 2010 -16 PENNSYLVANIA MORTGAGE - BACKED NOTES AND CERTIFICATES, SERIES 2010 -16 3815 South West Temple Salt Lake City, Utah 84115 -4412 Plaintiff vs. NO. JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 Defendant CASE MANAGEMENT ORDER AND NOW, this day of 20 the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATI FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: _ Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: _ Amount owed: Value: Monthly Income Name of Employers: 1. _ Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1 • Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support /Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: nn��n SHERIFF'S OFFICE OF CUMBERLAND COUNTY { Ronny RAnderson Tt '4­- OF'. Sheriff _t; I n �i.�il �q j TA F,, Jody S Smith 09 Chief Deputy TV Richard W Stewart CWIBERLf-t ID Solicitor OFF'CEOFTVESHERIF9 PENNSYLVA A� The Bank of New York Mellon Case Number vs. Juliet M. Fuller 2018-3866 SHERIFF'S RETURN OF SERVICE 0712912013 11:32 AM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Juliet M. Fuller at 457 Heisey Road, Monroe Township, Mechanicsburg, PA 17055. Yaz- JEF OL DZI, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, b July 30, 2013 RON i R ANDERSON, SHERIFF (c}C;ountySuPte Sheriff,Teleosotf,Inc, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson � ,of r tr r(Sherif � p Jody S Smith . lJF fall;,4i ➢r,: Chief Deputy . ,� e..)•Richard W Stewart ?1I3 OCT -a P 6.• t- Solicitor -, E,;4""h;::-".tc-o h t �' _, .JMBERLAtFD c r PENNSYLVANIA N * * AMENDED * * The Bank of New York Mellon Case Number vs. 2013-3866 Juliet A Fuller SHERIFF'S RETURN OF SERVICE 07/29/2013 11:32 AM- Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Juliet A. Fuller at 457 Heisey Road, Monroe Township, Mechanicsburg, PA 17055. 5;"1-*/ JEF, KOL DZI, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, ..-- ., 7...41: July 30, 2013 RONR ANDERSON, SHERIFF JourrySulie-.Y?eMt. T(Veosot`;..,. 4 r-IE ;73-(ai Il: .. MARTHA E. VON ROSENSTIEL, P.C. i't ' HE FROTH 1ND TA Heather Riloff, Esquire/I.D.No. 309906 ; OCT , 649 South Avenue, Suite 7 Secane, PA 19018 CUMBERLAND COUNTY (610) 328-2887 PENNSYLVANIA Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES . AND CERTIFICATES, SERIES 2010-16 : 3815 South West Temple Salt Lake City, Utah 84115-4412 : No. 2013-03866 Plaintiff • vs. • JULIET A. FULLER • 457 Heisey Road Mechanicsburg, PA 17055 Defendant PLAINTIFF'S MOTION TO REMOVE CASE FROM THE CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM Plaintiff, The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010-16 by and through its undersigned counsel, Martha E. Von Rosenstiel, P.C., Heather Riloff, Esquire, hereby respectfully requests that this Honorable Court enter an Order granting its Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and in support thereof, avers as follows: 1. This matter has been assigned to the Honorable Kevin A. Hess, P.J. for matters concerning the Residential Mortgage Conciliation Program. 2. This is a residential mortgage foreclosure action. 3. On or about July 29, 2013, service of the Mortgage Foreclosure Complaint was completed in this action and the 60 day stay of proceedings went into effect pursuant to the February 28, 2012 Administrative Order. 4. As of September 27, 2013, 60 days after service of the Complaint and Notice, Plaintiff has not received notice of a Conciliation Conference date, nor a Diversion Program Financial Worksheet 5. Neither Plaintiff nor its undersigned counsel has received any communication from a housing counselor on the Defendants' behalf. 6. Plaintiff respectfully requests that it be permitted to proceed with its foreclosure action. WHEREFORE, Plaintiff, The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010- 16, respectfully requests this case be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: •__ Heather Riloff, Esquire PA Attorney ID No. 309'06 Attorney for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Dated: October 1, 2013 • VERIFICATION HEATHER RILOFF, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action and that the statements made in the forgoing Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, are true and correct to the best or her information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: •► f� Heather Riloff, Esquire Attorney for Plaintiff / Date: October 1, 2013 } MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire/I.D.No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES . AND CERTIFICATES, SERIES 2010-16 : 3815 South West Temple Salt Lake City, Utah 84115-4412 : No. 2013-03866 Plaintiff • vs. • JULIET A. FULLER • 457 Heisey Road Mechanicsburg, PA 17055 Defendant CERTIFICATION OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and proposed order in the above matter was made upon the Defendant: JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 by regular first class mail, postage prepaid, deposited with the United States Postal Service on lb�t r . This verification is made subject to the penalties of 18 Pa.C.S. §4904 relatin tolikmIvorn falsification to authorities. BY: Heather Riloff, Esquire Attorney for Plaintiff Dated: October 1, 2013 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST . 2010-16 MORTGAGE-BACKED NOTES : AND CERTIFICATES, SERIES 2010-16 ` •_J 3815 South West Temple -� Salt Lake City, Utah 84115-4412 : No 2013-03866 ! -_ Plaintiff in j` t C w vs. JULIET A. FULLER 457 Heisey Road 4 <. _ Mechanicsburg, PA 17055 Defendant ORDER OF COURT AND NOW, this 9- day of Da')/8.✓ , 2013, the Defendants having failed to comply with the requirements of the Cumberland County Administrative Order dated February 28, 2012, it is hereby ORDERED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. The temporary stay on this matter is terminated. BY THE COURT: ORr• 9 'f/ V 4,4 •q� J. 5_ i t 1C+� MARTHA E. VON ROSENSTIEL, P.C. i c PRO;HiONO j ;i\ Heather Riloff, Esquire/I.D. No. 309906 OCT AM . 649 South Avenue, Suite 7 Secane, PA 19018 CUMBERLAND COUNTY (610) 328-2887 PENNSYLVANIA Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES : AND CERTIFICATES, SERIES 2010-16 . 3815 South West Temple Salt Lake City, Utah 84115-4412 : No. 2013-03866 Plaintiff • vs. • JULIET A. FULLER • 457 Heisey Road Mechanicsburg, PA 17055 Defendant PLAINTIFF'S MOTION TO REMOVE CASE FROM THE CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM Plaintiff, The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010-16 by and through its undersigned counsel, Martha E. Von Rosenstiel, P.C., Heather Riloff, Esquire, hereby respectfully requests that this Honorable Court enter an Order granting its Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and in support thereof, avers as follows: 1. This matter has been assigned to the Honorable Kevin A. Hess, P.J. for matters concerning the Residential Mortgage Conciliation Program. 2. This is a residential mortgage foreclosure action. 3. On or about July 29, 2013, service of the Mortgage Foreclosure Complaint was completed in this action and the 60 day stay of proceedings went into effect pursuant to the February 28, 2012 Administrative Order. 4. As of September 27, 2013, 60 days after service of the Complaint and Notice, Plaintiff has not received notice of a Conciliation Conference date, nor a Diversion Program Financial Worksheet 5. Neither Plaintiff nor its undersigned counsel has received any communication from a housing counselor on the Defendants' behalf. 6. Plaintiff respectfully requests that it be permitted to proceed with its foreclosure action. WHEREFORE, Plaintiff, The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010- 16, respectfully requests this case be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: •__ • •� Heather Riloff, Esquire IF PA Attorney ID No. 309'06 Attorney for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Dated: October 1, 2013 VERIFICATION HEATHER RILOFF, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action and that the statements made in the forgoing Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, are true and correct to the best or her information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: '; flP_ Heather Riloff, Esquire Attorney for Plaintiff / Date: October 1, 2013 4 MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire/I.D. No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES : AND CERTIFICATES, SERIES 2010-16 : 3815 South West Temple Salt Lake City, Utah 84115-4412 : No. 2013-03866 Plaintiff vs. • JULIET A. FULLER • 457 Heisey Road • Mechanicsburg, PA 17055 Defendant CERTIFICATION OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and proposed order in the above matter was made upon the Defendant: JULIET A. FULLER 457 Heisey Road Mechanicsburg, PA 17055 by regular first class mail, postage prepaid, deposited with the United States Postal Service on to it This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating, t to i r vorn falsification to authorities. BY: Heather Riloff, Esquire Attorney for Plaintiff Dated: October 1, 2013 #32066CFJ-DN r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff TA V. NO. 2013-03866 c� JULIET A. FULLERY Defendant(s) p �= PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Juliet A. Fuller for want of an answer. (X) Assess Damages as Follows Debt $ 275,102.83 Interest from 5/31/13 to 10/29/13 At $14.26 per diem $ 2,167.52 Total $ 277,270.35 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least(10)days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: 424 Martha E.Von Rosenstiel, sq i e }(Q Heather Riloff, Esquire 2 *j 40 Attorneys for Plaintiff 1 l cue. dVl4t e1 This 3I da of C�. , 2013 judgment is entered in favor of the Plaintiff and against Y a Defendant(s), Juliet A. Fuller by default for want of ans nd a es assesse a the sum of$277,270.35 as per the above certification. ¢y Prothono ary, Cumberland County MARTHX E.VON ROSENSTIEL,P.C. #32066CTD-MB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff,Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff THE BANK.OF NEW YORK MELLON,AS COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010- )6 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 3815 South West Temple Salt Lake City,Utah 84115-4412 Plaintiff V. Case No. 2013-03866 JULIET A. FULLER 457 Heisey Road Mechanicsburg,PA 17055 Defendant TO: Juliet A. Fuller 457 Heisey Road Mechanicsburg,PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E.VON ROSENSTIEL,P.C. BY: ,.- iHcather tha E. Von sensti I,Esquire Riloff, s Attorneys for Plaintiff Dated: 10/18/13 #32066CFJ-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON,AS COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff No: 2013-03866 vs. JULIET A. FULLER Defendant(S) NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel,P.C. by the undersigned hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E.Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense,has confirmed that the defendant(s) is/are not in the military. 6. On information and belief,named mortgagor(s)and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E.Von Rosenstie squire Heather Riloff, Esquire Dated: October 29, 2013 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA17055 THE BANK OF NEW YORK MELLON, AS COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 PLAINTIFF NO: 2013-03866 VS. JULIET A. FULLER DEFENDANT(S) Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $277,270.35 on October 29, 2013. David D. Buell Prothonotary ❑X Judgment by Default 4 Money Judgment L Judgment in Replevin Judgment for Possession ❑ Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel,P.C. at this telephone number:610-328-2887. 32066CWE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND THE BANK OF NEW YORK MELLON, AS INDENTURE COURT OF COMMON PLEAS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 V. DOCKET NO. 2013-03866 JULIET A. FULLER ATTORNEY I.D. #52634 ATTORNEY I.D. #309906 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $ 277,270.35 INTEREST from 10/30/2013 to 3/5/2014 At 6 % $ 5,788.66 TOTAL* $ 283,059.01 *Plus costs to be endorsed Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E. Von Rosensti 1 squire Heather Riloff, Esquire Attorneys for Plaintiff PREM: 457 Heisey Road, Mechanicsburg, PA 17055 MCC, CD :;Q 1 d3, 7S <° -- 11J v c � sew #32066-DN s M MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff NO: 2013-03866 VS. JULIET A. FULLER Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County,Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Heisey Road(T-450), said point being at the northwest corner of said Lot No. 9 herein; thence along the southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan,North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M.Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the eastern right of way line of Heisey Road(T-560); thence along said Road North 00 degrees 23 minutes 05 seconds West 100.00 feet to a point, the place of BEGINNING. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90,Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be a covenant running with the land as to Lots Nos. 9 and10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. PARCEL IDENTIFICATION NO: 22-11-0280-083., CONTROL#: 22000706 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Juliet A. Fuller,an individual,by Deed from Michael D. McCorkel and Jennifer J. McCorkel, his wife joining, dated 07/31/2006, recorded 08/10/2006 in Book 276, Page 595. #32066CAM - DN MAR1HA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff,Esquire/No. 309906 649,South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS COURT OF COMMON PLEAS o INDENTURE TRUSTEE ON BEHALF OF CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 �A Plaintiff NO: 2013-03866 VS. , vu's JULIET A. FULLER Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel,P.C. by the undersigned attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 457 Heisey Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Asset Acceptance, LLC., assignee of Value City Furniture/Wor 28405 Van Dyke Avenue Warren,MI 48093 4. Name and address of the last recorded holder of every mortgage of record: Mers as a nominee for SLM Financial Corporation P.O. Box 2026 Flint,MI 48501-2026 5. Name and address of every other person who has any record lien on the property: ,NON r, 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O. Box 280601 Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Cumberland County Adult Probation ,4 East Liberty Avenue Carlisle, PA 17013 Occupant 457 Heisey Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY:_ . Martha E. Von Rose stie , Es ire Heather Riloff, Esqui Attorneys for Plaintiff Dated: October 28, 2013 1 J 32066CAM-DN J MAR'T'HA E. VON ROSENSTIEL, P.C. � � rf�.�J1t;t���U r•�r� . Martha E. Von Rosenstiel, Esquire /No. 52634 QCT 3 I P 2; Heather Riloff, Esquire / No. 309906 CLNBERLAPjB COUNTY 649 South Avenue, Suite 7 PENNS YLVANIA Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK COURT OF COMMON PLEAS MELLON, AS INDENTURE CUMBERLAND COUNTY TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, No: 2013-03866 SERIES 2010-16 Plaintiff vs. JULIET A. FULLER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 457 Heisey Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: March 05, 2014 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 2013- 03866 in the Court of Common Pleas of Cumberland County by The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage- Backed Notes and Certificates, Series 2010-16, Plaintiff against Juliet A. Fuller, Defendant(s). Judgment was entered on October 29, 2013 in the amount of$277,270.35. The property was seized and taken in execution as the property of Juliet A. Fuller. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Heisey Road (T-450), said point being at the northwest corner of said Lot No. 9 herein; thence along the southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the eastern right of way line of Heisey Road (T-560); thence along said Road North 00 degrees 23 minutes 05 seconds West 100.00 feet to a point, the place of BEGINNING. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be a covenant running with the land as to Lots Nos. 9 and10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. PARCEL IDENTIFICATION NO: 22-11-0280-083., CONTROL #: 22000706 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 2013-03866. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. t Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 Heather Riloff, Esquire /No. 309906 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #32066-CWE-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 . tt#J .� .. A Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 2, 13 0 C T 31 F N 2. 5 u Secane, PA 19018 Tj (610) 328-2887 CUMBERLAND COUNTY Attorneys for Plaintiff PENNSYLVANIA THE BANK OF NEW YORK MELLON, AS COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF THE CUMBERLAND COUNTY HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff No: 2013-03866 vs. JULIET A. FULLER Defendant(s) CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA—Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit XX That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including,but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement given herein. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E. Von Rosen ti , Esquire Heather Riloff, Esquir Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. L Martha E. Von Rosenstiel, Esquire/No. 52634 2,313 0C Heather Riloff, Esquire/No. 309906 649 South Avenue Suite 7 ��� �' CL'?f'4gERLAND Secane, PA 19018 PENNS) � Co 4A (610) 328-2887 L 1At1 t A Attorneys for Plaintiff The Bank of New York Mellon, as indenture COURT OF COMMON PLEAS trustee, on behalf of the holders of the CSMC Trust: CUMBERLANDCOUNTY 2010-16 Mortgage-Backed Notes and Certificates, Series 2010-16 3815 South West Temple Salt Lake City Utah 84115-4412 No: 2013-03866 Plaintiff vs. Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE Martha E. Von Rosenstiel,P.C. by the undersigned for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 1 verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rosen ti , Esq re Heather Riloff, Esquire Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3866 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON,AS INDENTURE TRUSTEE,ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES,SERIES 2010-16 Plaintiff(s) From JULIET A. FULLER (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: $277,270.35 L.L.: $.50 Interest FROM 10/30/2013 TO 3/5/2014 AT 6% -$5,788.66 Atty's Comm: Due Prothy: $2.25 Atty Paid: $249,95 Other Costs: Plaintiff Paid: Date: 10/31/13 David D. Buell, Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: HEATHER RILOFF,ESQUIRE Address: MARTHA E.VON ROSENSTIEL,P.C. 649 SOUTH AVENUE,UNIT#6 SECANE,PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 309906 32066-DN AFFIDAVIT OF SERVICE PLAINTIFF: The Bank of New York Mellon,as indenture trustee,on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates,Series 2010-16 COURT OF COMMON PLEAS DEFENDANT Cumberland COUNTY Juliet A.Fuller COURT NO. 2013-03866 SERVE UPON: Juliet A.Fuller TYPE OF ACTION 457 Heisey Road Mechanicsburg,PA 17055 XX WRIT OF EXECUTION and Notice of Sheriff's Sale SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date:3/12/2014 or adult In charge of premises ' 'FULLER" SERVED I' iVIK�- , 201 Served and made known to .3".. U�I� N 7"`"Et`" Defendant, on the day of f"'"�=Xv� at • o'clock A . M., at Aup a - ti LAIAS Commonwealth of Penns lvvnia in the manner des.ribed below: }( Defendant personally served. Manager/Clerk of place of lodging in which — Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who or usual place of business. refused _ Other to give name/relationship. Description: Age 7 V�Height Ci r C) Weight (Cn S Race Sex Other I, IJOE OrAlCcOt\-1 ,a competent adult,being duly sworn according to law,depose and state that I personally handed to ' fJi'SAT a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the captioned case on the date and at the address indicated above. Sworn to and subscR'bed before me this ( day of (UCIkInt _ ,20 (3. I I Notary: By: ✓ (Pelov - NOT SERVED On the day of ,20 ,at o'clock,_M.,Defendant NOT FOUND because: Moved Unknown No Answer Vacant Time of Attempt: Result: -. Date of Attempt cam— o r".4L- Sworn to and subscribed <CD "13 before me this day Y(--) -; of ,200_. =c) ©_r Notary: By: ATTORNEY -< W Martha E.Von Rosenstiel,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 610-328-2887 #32066CAM -DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 .� Secane, PA 19018 'TJ7," '� 610 328-2887 mco c--_ Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF THE : CUMBERLAND COUNTY <� HOLDERS OF THE CSMC TRUST 2010-16 : z� MORTGAGE-BACKED NOTES AND • CERTIFICATES, SERIES 2010-16 • `3 CJ1 Plaintiff : NO: 2013-03866 VS. • JULIET A. FULLER Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel, P.C. by the undersigned for the Plaintiff in the above action, hereby verifies that on I ' ' ( , true and correct copies of the Notice of Sheriffs Sale were served upon recorded lienholders and any known interested parties by regular first class mail,postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY:C Martha E. 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C 0;0 ;.,Zip '.,0 uh V ^�41 t co F,',; rn w a J vi U.S,POSTAL SERVICE CERTIFICATE OF MAILING , Affix fee hat in stamps % MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL.DOES Tv ‘9796 meter postage and 1 1 PROVIDE FOR INSURANCE—POSTMASTER r-6 ,,,,,,. !!oti g1t7 Inviiic,91 Received From: t'll' t46-416'- .•. 'PITNEY BOWES MARTHA VON ROSE 411.4.4f44. ;. * e.ri, 02 1P $ 001.20° Pio N.1 '''' 211g71 0001'38 53 JAN 15 2014 ,011 . . ,1/4 i 649 SOUTH AVE ' ...: -- :I .,'V MAli En F OM 71PcooF 19018 UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: s t 06 i it ,-7 Asset Acceptance, LLC., assignee of Value City Furniture/Wet- v , 28405 Van Dyke Avenue I Warren :, Mt 48093 - 1 3 90 WO PS Form 3817, Mar1989 ,ct al I 0C. THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff : No: 2013-03866 vs. JULIET A. FULLER Defendant(s) Notice of the Date of Continued Sheriff's Sale The Sheriff's Sale scheduled for continued until July 02, 2014, at 10:00 a.m. Date: May 01, 2014 14 at 10:00 a.m. in the above -captioned matter has been MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ros ns el, Esquire Heather Riloff, Esq 'r / Attorneys for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 r-!1 FIC._: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 9 Heather Riloff, Esquire f No. 309906 11 t 4 JUN 23 I I I Q 649 South Avenue, Suite 7CUMBERLAND COUNTY Secane, PA 19018 PENNSYLVANIA (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON,AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST . 2010-16 MORTGAGE-BACKED NOTES . AND CERTIFICATES, SERIES 2010-16 : NO: 2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT MOTION TO POSTPONE SHERIFF'S SALE Movant,by its counsel, Heather Riloff, Esquire,moves this Honorable Court for an Order for postponement of the sheriff's sale and in support thereof avers the following: 1. The Plaintiff filed its Complaint in Mortgage Foreclosure against Juliet A. Fuller on or about July 5,2013, for the Defendant's failure to make monthly mortgage payments due from December 1,2012. 2. On or about October 31, 2013 judgment was entered against the Defendant,Juliet A. Fuller and in favor of the Plaintiff,The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010=16. 3. On or about October 31, 2013, a writ of execution was issued listing the Subject Premises for the March 12,2014, Cumberland County Sheriff's Sale. 4. The sale was subsequently postponed at the request of the Plaintiff in order for the parties to explore loss mitigation options. 5. Loss mitigation options are still being reviewed and will not be concluded prior to the scheduled sale of July 2,2014 6. If the Plaintiff cannot postpone the Sheriff's Sale, the Plaintiff will incur substantial costs and delay and will be severely prejudice by having to stay its sale,obtain a new writ of execution and relist for sheriff's sale. 7. The Defendants will.not be prejudice by a postponement of the sheriff's sale.To the contrary, the postponement will directly benefit the Defendants as they will have an opportunity to retain ownership of their home. 8. A Judge has not previously ruled on another matter in this action. 9. Plaintiff's counsel has been unable to seek the concurrence of any opposing counsel because the Defendant is pro se and have not solicited the assistance of an attorney. WHEREFORE,as Plaintiff respectfully requests this Honorable Court enter an Order that the Sheriff's Sale be postponed until September 3,2014, thereafter from month to month without further advertising rthe d g and additional notice to the Defendants or lien holders. MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von R. es tiel, Esquire • Heather Riloff, Es. di Attorneys for Plaintiff WOLF &WOLF By: Nathan . W. f, Esquire Atty I n 87. :0 Local Counsel for Plaintiff Date: June 23, 2014 VERIFICATION Heather Riloff, Esquire, verifies that she is the attorney for the Plaintiff in the foregoing action; that she is familiar with the facts in this matter, and that the statements made in the foregoing Motion to Postpone Sheriff's Sale are true and correct to the best of her information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: 2:4 Martha E. V i,n Ros-nstiel, Esquire Heather Rilo Es.fire Attorneys for Plainti Dated: June 23, 2014 • MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610) 328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON,AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST . 2010-16 MORTGAGE-BACKED NOTES . AND CERTIFICATES, SERIES 2010-16 . : NO: 2013-03866 PLAINTIFF VS. • JULIET A. FULLER • DEFENDANT BRIEF IN SUPPORT OF ITS MOTION TO POSTPONE SHERIFF'S SALE Movant,by its counsel, Heather Riloff, Esquire,moves this Honorable Court for an Order for postponement of sheriff's sale and in support thereof avers the following: I. FACTS The Plaintiff filed its Complaint in Mortgage Foreclosure against Juliet A. Fuller on or about July 5, 2013,for the Defendant's failure to make monthly mortgage payments due from December 1,2012. On or about October 31,2013 judgment was entered against the Defendant and in favor of the Plaintiff. On or about October 31, 2013,a writ of execution was issued listing the Subject Premises for the March 5, 2014 Cumberland County Sheriff's Sale and subsequently postponed until July 2,2014 in order to explore loss mitigation options with the Defendant. II. MOTION TO POSTPONE SHERIFF'S SALE Rule 3129.3 (a)states that if a sale is to be postponed, it can be postponed by a special court-order. Under Rule 3129.3 of the Pennsylvania Rules of Civil Procedure,it gives the Court discretion to allow postponement of the sale without new notice in appropriate cases. The procedural requirements for scheduling for sheriffs sale and notifying Defendants of the sheriffs sale are extensive and expensive. If the Plaintiff is not granted the relief requested herein, the Plaintiff will be severely prejudice in that it will have to stay its scheduled sheriff's sale,obtain a new writ of execution and re-list the Subject Premises for Sheriffs Sale, incurring considerable and additional expenses and delay. The Defendant will not be prejudiced.The Defendant will directly benefit from the additional postponements and a public announcement of the postponement will be made at the Cumberland Sheriff's Sale. Defendant also has access to the information and new sale date by contacting Plaintiff counsel's office or the Sheriff of Cumberland directly. WHEREFORE,as Plaintiff respectfully requests this Honorable Court enter an Order postponing the Sheriff's sale until September 3,2014 thereafter from month to month without further advertising and additional notice to the Defendants or lien holders. MARTHA E. VON ROSENSTIEL, P.C. BY: 4', Martha E.Von Ro Vrel, , squire Heather Riloff,Es• . Attorneys for Plaintiff WOLF & WOLF By: //' By: Nathan C. . • , Esquire Atty ID : :0 Local C• nsel for Plaintiff Date: June 23, 2014 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire[No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES : AND CERTIFICATES, SERIES 2010-16 : NO: 2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT CERTIFICATE OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Postpone Sheriff's Sale,brief in support thereof, attached exhibits, notice of presentation and proposed order in the above matter was made upon the fol lowing: Juliet A. Fuller 457 Heisey Road,Mechanicsburg, PA 17055 by regular first class mail,postage prepaid,deposited with the United States Postal Service on 6/24/2014. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: 11111. ' Martha E. Von Ros7111'1, Esquire Heather Riloff, Esq Attorneys for Plaintiff Dated: June 23,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON,AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES . AND CERTIFICATES, SERIES 2010-16 : NO: 2013-03866 PLAINTIFF • VS. • JULIET A. FULLER • DEFENDANT ORDER GRANTING POSTPONEMENT OF SHERIFF'S SALE AND NOW, this 2T'day of , 2014,upon consideration of Plaintiffs Motion to Postpone Sheriffs Sale and any response thereto (if any), it is hereby: ORDERED and DECREED that the sheriffs sale is postponed until September 3,2014, without further advertising or notice to Defendants or lien holders. BY THE COURT: i J. tribution: , ..„./Martha Von Rosenstiel,P.C. -0 3 r For the Plaintiff " z rpt • ulia Heister -<2' z Pro Se Defendant ?c Office of the Sheriff "? Lec ft_ '-• �;• Court Administration • ! • �-r.L l f.S THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff : No: 2013-03866 VS. JULIET A. FULLER Defendant(s) Notice of the Date of Continued Sheriff's Sale 32066MSP MS (J1 The Sheriff's Sale scheduled for July 2, 2014 at 10:00 a.m. in the above -captioned matter has been continued until September 3, 2014, at 10:00 a.m. Date: June 26, 2014 MARTHA E. VON ROSENSTIEL, P.C. BY:, Martha E. Von •, . 3'nstiel Heather Riloff, � ire Attorneys for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 squire MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire I No. 52634 Heather Riloff, Esquire 1 No. 309906 j �' Pry 0: � 649 South Avenue,Suite 7 Secane, PA 19018 PENNS Y�V' C 0`''� ' (610)328-2887 AN1; Attorneys for Plaintiff THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 NO: 2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT MOTION TO POSTPONE SHERIFF'S SALE Movant, by its counsel,Heather Riloff, Esquire, moves this Honorable Court for an Order for postponement of the sheriffs sale and in support thereof avers the following: 1. The Plaintiff filed its Complaint in Mortgage Foreclosure against Juliet A. Fuller on or about July 5,2013, for the Defendant's failure to make monthly mortgage payments due from December 1, 2012. 2. On or about October 31, 2013 judgment was entered against the Defendant,Juliet A. . Fuller and in favor of the Plaintiff,The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates,Series 2010-16. 3. On or about October 31,2013,a writ of execution was issued listing the Subject Premises for the March 12,2014, Cumberland County Sheriff's Sale. 4. The sale was subsequently postponed at the request of the Plaintiff in order for the parties to explore loss mitigation options. 5. Loss mitigation options are still being reviewed and will not be concluded prior to the scheduled sale of October 2, 2014,2014 6. If the Plaintiff cannot postpone the Sheriffs Sale,the Plaintiff will incur substantial costs and delay and will be severely prejudice by having to stay its sale,obtain a new writ of execution and relist for sheriff's sale. 7. The Defendants will not be prejudice by a postponement of the sheriff's sale. To the contrary, the postponement will directly benefit the Defendants as they will have an opportunity to retain ownership of their home. 8. This matter has previously been assigned to the Honorable Kevin A. Hess, PJ. 9. Plaintiffs counsel has been unable to seek the concurrence of any opposing counsel because the Defendant is pro se and have not solicited the assistance of an attorney. WHEREFORE,as Plaintiff respectfully requests this Honorable Court enter an Order that the Sheriffs Sale be postponed until October 2,2014, thereafter from month to month without further advertising and additional notice to the Defendants or lien holders. MARTHA E. VON ROSENSTIEL,P.C. BY: Martha E. Von Rosens iel, squire Heather Riloff, Esquire Attorneys for Plaintiff WOLF& WOLF B • NWat . Wolf,Esquire y 87380 L cal Counsel for Plaintiff Date: August 29,2014 VERIFICATION Heather Riloff, Esquire, verifies that she is the attorney for the Plaintiff in the foregoing action; that she is familiar with the facts in this matter; and that the statements made in the foregoing;Motion to Postpone Sheriff's Sale are true and correct to the best of her infonnation and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL,P.C. BY: s 624 /1 Martha E. VoR nstiel,Esquire Heather Rilo E ire Attorneys for Plaints Dated: August 29, 2014 MARTHA E. VON ROSENSTIEL,P.C. Martha E.Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON,AS COURT OF COMMON PLEAS INDENTURE TRUSTEE,ON BEHALF OF CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 NO: 2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT BRIEF IN SUPPORT OF ITS MOTION TO POSTPONE SHERIFF'S SALE Movant,by its counsel,Heather R.iloff, Esquire,moves this Honorable Court`for an Order for postponement of sheriff's sale and in support thereof avers the following: I. FACTS The Plaintiff filed its Complaint in Mortgage Foreclosure against Juliet A.Fuller on or about July 5,2013, for the Defendant's failure to make monthly mortgage payments due from December 1,2012. On or about October 31,2013 judgment was entered against the Defendant and in favor of the Plaintiff. On or about October 31, 2013, a writ of execution was issued listing the Subject Premises for the March 5,2014 Cumberland County Sheriff's Sale and subsequently postponed until September 3, 2014 in order to explore loss mitigation options with the Defendant. II. MOTION TO POSTPONE SHERIFF'S SALE Rule 3129.3 (a)states that if a sale is to be postponed, it can be postponed by a special court order. Under Rule 3129.3 of the Pennsylvania Rules of Civil Procedure, it gives the Court discretion to allow postponement of the sale without new notice in appropriate cases. The procedural requirements for scheduling for sheriffs sale and notifying Defendants of the sheriff's sale are extensive and expensive. If the Plaintiff is not granted the relief requested herein, the Plaintiff will be severely prejudice in that it will have to stay its scheduled sheriff's sale,obtain a new writ of execution and re-list the Subject Premises for Sheriffs Sale, incurring considerable and additional expenses and delay. The Defendant will not be prejudiced. The Defendant will directly benefit from the additional postponements and a public announcement of the postponement will be made at the Cumberland Sheriff's Sale. Defendant also has access to the information and new sale date by contacting Plaintiff counsel's office or the Sheriff of Cumberland directly. WHEREFORE, as Plaintiff respectfully requests this Honorable Court enter an Order postponing the Sheriffs sale until October 2,2014 thereafter from month to month without further advertising and additional notice to the Defendants or lien holders. MARTHA E. VON ROSENSTIEL,P.C. BY: Martha E. Von Rosen tiel Esquire Heather Riloff,Esquir Attorneys for Plaintiff WOLF & WO By: N C. Wolf, Esquire t 87380 Local Counsel for Plaintiff Date: August 29, 2014 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire I No. 52634 Heather Riloff, Esquire I No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON,AS COURT OF COMMON PLEAS INDENTURE TRUSTEE,ON BEHALF OF CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 NO: 2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT CERTIFICATE OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Postpone Sheriffs Sale,brief in support thereof,attached exhibits,notice of presentation and proposed order in the above matter was made upon the following: Juliet A. Fuller 457 Heisey Road Mechanicsburg,PA 17055 by regular first class mail,postage prepaid,deposited with the United States Postal Service on August 29, 2014. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROS NSTIEL,P.C. BY: rNx,, a n artha E. Vonose tiel ire Heather Riloff, sq e Attorneys for Plai iff Dated: August 29,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 : NO:2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT ORDER GRANTING POSTPONEMENT OF SHERIFF'S SALE AND NOW, this 74day of S'c44/ , 2014, upon consideration of Plaintiffs Motion to Postpone Sheriff's Sale and any response thereto (Warty), it is hereby: ORDERED and DECREED that the sheriff's sale is postponed until October 2, 2014, thereafter from month to month without further advertising and additional notice to the Defendants or lien holders. D�is r bution: t..--IVZartha Von Rosenstiel, P.C. For the Plaintiff iet A. Fuller Pro Se Defendant Office of the Sheriff Court >f Administration BY THE COURT: c c� M C1.3 m rr, r"—a —c3 (J) r— x = , --<>N C7 , ." —t C: r� , >7 — sr • —r cD Qa 7.1 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 PLAINTIFF VS. JULIET A. FULLER DEFENDANT : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 2013-03866 ORDER GRANTING POSTPONEMENT OF SHERIFF'S SALE AND NOW, this 31° day of September, 2014, the Order of September 2, 2014 issued in the above captioned matter is hereby amended to reflect that the continued sale date is October 1, 2014 and not October 2, 2014. Otherwise the terms of the Order shall remain unchanged. Distribution: rtha Von Rosenstiel, P.C. For the Plaintiff �J�uliet A. Fuller Pro Se Defendant Office of the Sheriff Court Administration BY THE COURT: itk KEVIN '' HESS, P.J. GpgES`" '64 Ca_ g � —cam m t:13 rn (f) r- 7.> 3�r> r - = c) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 014 Cir OPPICE OF 'NE SHE 'F' SEP 23 AN CUi•IUERL.AND COUNTY PENNS YLVANIA The Bank of New York Mellon vs. Juliet A Fuller Case Number 2013-3866 SHERIFF'S RETURN OF SERVICE 01/06/2014 04:10 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 457 Heisey Road, Monroe - Township, Mechanicsburg, PA 17055, Cumberland County. 02/04/2014 07:10 PM - Deputy Jason Kinsler, 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: Juliet A Fuller at 457 Heisey Road, Monroe Township, Mechanicsburg, PA 17055, Cumberland County. 03/06/2014 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 05/01/2014 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 06/24/2014 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/02/2014 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 09/17/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,296.66 SO ANSWERS, September 18, 2014 RONNPR ANDERSON, SHERIFF Gdiftr%3% . " 3//`N3 ) (a) CountvSu)e ;neritt, 'r'ek osctt. inc. On November 18, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 457 Heisey Road, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 18, 2013 By: Real Estate Coordinator E I :II V I- A0N. E101 Vel 'k1N110o (iNViN 38ri(i3 3.JId3HS 3H1 JO 3014JO LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3866 Civil Term The Bank of New York Mellon vs. Juliet A. Fuller Atty.: Martha E. Von Rosenstiel ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Heisey Road (T-450), said point being at the northwest corner of said Lot NO.9 herein; thence along the southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 20 1.70 feet to a point; thence along the western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 min- utes 55 seconds West 200.00 feet to a point on the eastern right of way line of Heisey Road (T-560); thence along said Road North 00 degrees 23 minutes 05 seconds West 100.00 feet to a point, the place of BEGINNING. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot NO.9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21,2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64,UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the re- sponsibility of maintaining the storm water management facilities denomi- nated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision 33 Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be a covenant running with the land as to Lots Nos. 9 and lot No. 10 and shall be binding upon the owners thereof, whether le- gal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdi- vision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. PARCEL IDENTIFICATION NO: 22-11-0280-083., CONTROL #: 22000706. IMPROVEMENTS: Residential dwelling. TITLE TO SAID PREMISES IS VESTED IN Juliet A. Fuller, an in- dividual, by Deed from Michael D. McCorkel and Jennifer J. McCorkel, his wife joining, dated 07/31/2006, recorded 08/10/2006 in Book 276, Page 595. 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: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this da of Februar 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Ar' The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he 2JatriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 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. 013-3866 Civil Tern he Bank of New Yo Mellon Vs Juliet A Fuller Atty: Martha E. Von Rosenstiel ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the It/I d1G�led n ht of wal line Road cr-401, 0111 of Heisey corner of said being at the herein; est thence along the Lot NO.9 herein; southern property o James V nes of property now or E.lWade and Sandra L. and Denise E. tee- 1eteinafter Sellick, as shown onylan,No>th82 o l Cubdivls _ _ „ l� East This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn t• and subscribed before m day of February, 2014 A.D. Public COMMONWEA ,ifs OF PENNSYLVANIA Notarial seat Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 AVIA ASSOCIATION OF NOTA MEMBER. PENNSYLV From: MVR Law To: 1-717-240-6397 Page: 1/1 Date: 9/17/2014 10:38:51 AM 32066MSS CS MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, SUITE 6 SECANE, PA 19018 Martha E. Von Roscnsticl, Esquirc Hcathcr Riloff, Esquirc 9/17/2014 Office of the Sheriff of Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 VIA FACSIMILE: 1-717-240-6397 Phone: 610-328-2887, X-37 Fax: 610-328-2875 Email: connic@mvrlaw.com RE: SALE DATE: 10/1/2014 PLAINTIFF: The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage -Backed Notes and Certificates,.Series 2010-16 DEFENDANT: Juliet A. Fuller PREMISES: 457 Heisey Road, Mechanicsburg, PA 17055 CRT/TRM #: Dear Sir/Madam: Please STAY the Sheriff's -Sale on the above captioned matter as Plaintiff is attempting Loss Mitigation Options with Defendant. No consideration has been realized. Kindly advise within 5 days if monies are owed as Plaintiffwill not pay bills outside of that timeframe. • If monies are owed, please provide your outstanding costs to our office via fax at 610-328-2875 or via email at Naomi@mvrlaw.com. • If a refund is due, please mail to our office along with a breakdown showing amounts expended. Thank you for your assistance in this matter and please contact me if you have any questions: Sincerely yours, Connie Spross Connie Spross Paralegal Assistant Martha E. Von Rosenstiel, P.C. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 PLAINTIFF VS. JULIETA. FULT ER DEFENDANT : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 2013-03866 ORDER GRANTING POSTPONEMENT OF SHERIFF'S SALE AND NOW, this r° day of September, 2014, the Order of September 2, 2014 issued in the above captioned matter is hereby amended to reflect that the continute:d sale date is October 1, g 04 and not October 2, 2014. Otherwise the terms of the Order shall remain unchanged. BY THE COURT: • KEVINM. HESS, P.J. Distribution: Martha Von Rosenstiel, P.C. For the Plaintiff Juliet A. Fuller Pro Se Defendant Office of the Sheriff Court Administration From: MVR Law To: Cumberland County Sheriffs Office Page: 1/1 Date: 7/31/2014 3:26:09 PM • 32066MSP MS THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES : AND CERTIFICATES, SERIES 2010-16 : Plaintiff No: 2013-03866 vs. JULIET A. FULLER Defendant(s) Certificate of Filing On this date , I filed with the Prothonotary of Cumberland County a copy of the Notice of t Da,e of Continued Sheriff's Sale in the above -captioned matter. MARTHA E. VON ROSENSTIEL, P.C. artha E. Von • o Heather Riloff, Esq Attorneys for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 From: MVR Law To: Cumberland County Sheriffs Office Page: 1/2 Date: 6/26/2014 3:35:04 PM 32066MSP MS MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, SUITE 6 SECANE, PA 19018 Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire 6/26/2014 Phone: 610-328-2887, X-34 Fax: 610-328-0361 Email: marquita@mvrlaw.com Office of the Sheriff of Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 PLEASE POSTPONE SALE PER COURT ORDER RE: SALE DATE: PLAINTIFF: DEFENDANT: - PREMISES: \— CRT/TRM #: WRIT #: Dear Sir/Madam: 7/2/2014 The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage -Backed Notes and Certificates, Series 2010-16 ruliet A. Fuller 457 Heisey Road, Mechanicsburg, PA 17055 2013-03866 Please CONTINUE the Sheri -attached court order. Sale on'the above captioned matter to 9/3/2014 as per If there is anything else you require before the new sale date, please let me know. Thank you for your assistance in this matter and please contact me if you have any questions. Sincerely yours, Marquita Sadler Marquita Sadler Paralegal Assistant Martha E. Von Rosenstiel, P.C. From: MVR Law To: Cumberland County Sheriffs Office Page: 2/2 Date: 6/26/2014 3:35:04 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 • : NO: 2013-03866 PLAINTIFF VS. JULIET A. FULLER DEFENDANT ORDER GRANTING POSTPONEMENT OF SHERIFF'S SALE AND NOW, this 23 -'day of 1/47'-'ra..." , 2014, upon consideration of Plaintiffs Motion to Postpone Sheriff's Sale and any response thereto (if any), it is hereby: ORDERED and DECREED that the sheriffs sale is postponed until September 3, 2014, cwithout further advertising orinotice to Defendants or lien holders. Distribution: Martha Von Rosenstiel, P.C. For the Plaintiff Julia Heister Pro Sc Defendant Office of the Sheriff Court Administration BY THE COURT: 0-r r Commonwealth of Pennsylvania COUNTY OF CUMBERLAND THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 v. JULIET A. FULLER 320660 W E-llN COURT OF COMMON PLEAS DOCKET NO. 2013-03866 ATTORNEY I.D. # 52634 ATTORNEY I.D. #309906 ATTORNEY I.D. # 208967 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 10/30/2013 to 3/4/2015 At6% TOTAL* *Plus costs to be endorsed • PREM: 457 Heisey Road, Mechanicsburg, PA 17055 l./ etivjoR?s4Del a S0.uo car 103,1c (L 1� 1 Lp . Sb " �^ ag.so t, LI ave• '•C, -s a r .-a • $ 277,270.35 $ 22,379.78 $ 299,650.13 MARTHA E. VON ROSENSTIEL, P.C. BY: tea. as -1)`,-k saeg3 /P7g Martha E. Von Ro' t-1, Esquire Heather Riloff, Esqu Jeniece D. Davis, Esquire Attorneys for Plaintiff „/42e #32066 -DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintif THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF THE : CUMBERLAND COUNTY HOLDERS OF THE CSMC TRUST 2010-16 . MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff : NO: 2013-03866 VS. JULIET A. FULLER Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Heisey Road (T-450), said point being at the northwest corner of said Lot No. 9 herein; thence along the southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the eastern right of way line of Heisey Road (T-560); thence along said Road North 00 degrees 23 minutes 05 seconds West 100.00 feet to a point, the place of BEGINNING. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be a covenant running with the land as to Lots Nos. 9 and10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. PARCEL IDENTIFICATION NO: 22-11-0280-083., CONTROL #: 22000706 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Juliet A. Fuller, an individual, by Deed from Michael D. McCorkel and Jennifer J. McCorkel, his wife joining, dated 07/31/2006, recorded 08/10/2006 in Book 276, Page 595. i ! MAR %k. E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintif THE BANK OF NEW YORK MELLON, AS : COURT OF COMMON PLEAS INDENTURE TRUSTEE, ON BEHALF OF : CUMBERLAND COUNTY THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff : NO: 2013-03866 #32066CAM - DN VS. JULIET A. FULLER Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel, P.C. by the undersigned attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 457 Heisey Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Asset Acceptance, LLC., assignee of Value City Furniture/Wor 28405 Van Dyke Avenue Warren, MI 48093 4. Name and address of the last recorded holder of every mortgage of record: Mers as a nominee for SLM Financial Corporation 6000 Commerce Parkway, Suite A Mount Laurel, NJ 08054 lame and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O. Box 280601 Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 .,ccupant 457 Heisey Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: Dated: October 13, 2014 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Heather Riloff, Jeniece D. Davis, Attorneys for Plaintiff osen squi sa f iel, Esquire ire 32066CAM-DN _ - M +''THA E. VON ROSENSTIEL, P.C. = f i :Tf`.f Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintif THE BANK OF NEW YORK : COURT OF COMMON PLEAS MELLON, AS INDENTURE : CUMBERLAND COUNTY TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST : 2010-16 MORTGAGE-BACKED : NOTES AND CERTIFICATES, : No: 2013-03866 SERIES 2010-16 Plaintiff s, 1:03 l' U1.1T t1.Ei vs. JULIET A. FULLER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 457 Heisey Road Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on Date of Sale: March 04, 2015 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 2013- 03866 in the Court of Common Pleas of Cumberland County by The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage - Backed Notes and Certificates, Series 2010-16, Plaintiff against Juliet A. Fuller, Defendant(s). Judgment was entered on October 31, 2013 in the amount of $277,270.35. The property was seized and taken in execution as the property of Juliet A. Fuller. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN lot or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania previously, bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of Heisey Road (T-450), said point being at the northwest corner of said Lot No. 9 herein; thence along the southern property lines of property now or formerly of James V. Wade and Denise E. Wade, and Sandra L. Sellick, as shown on the hereinafter mentioned Subdivision Plan, North 82 degrees 10 minutes 40 seconds East 201.70 feet to a point; thence along the western property line of Lot No. 10A, South 00 degrees 23 minutes 05 seconds East 126.11 feet to a rebar; thence along land now or formerly of Samuel L. and June M. Nedrow South 89 degrees 36 minutes 55 seconds West 200.00 feet to a point on the eastern right of way line of Heisey Road (T-560); thence along said Road North 00 degrees 23 minutes 05 seconds West 100.00 feet to a point, the place of BEGINNING. CONTAINING 22,612 square feet or 0.519 acres. BEING all of Lot No. 9 and Lot No. 10 of the Final Subdivision Plan for James V. Wade dated July 16, 2004, last revised September 21, 2004 and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 90, Page 64. UNDER AND SUBJECT to the restriction that the owners of Lot Nos. 9 and 10, as described herein, shall have the responsibility of maintaining the storm water management facilities denominated as the rain garden on Lots Nos. 9 and 10 of the Final Subdivision Plan for James V. Wade, as referred to herein above. This obligation is to be considered a restrictive covenant and shall be deemed to be a covenant running with the land as to Lots Nos. 9 and10 and shall be binding upon the owners thereof, whether legal or equitable and shall be binding upon all subsequent grantees, their heirs, successors and assigns. FURTHER UNDER AND SUBJECT to the restriction that pursuant to the Notes on the aforementioned Subdivision Plan Lots 9 and 10 are to be combined and cannot thereafter be considered a separate parcel. PARCEL IDENTIFICATION NO: 22-11-0280-083., CONTROL #: 22000706 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 2013-03866. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 Attorneys for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100. • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Vs. NO 13-3866 Civil Term CIVIL ACTION — LAW JULIET A. FULLER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $277,270.35 L.L.: Interest FROM 10/30/2013 TO 3/4/2015 AT 6% - $22,379.78 Atty's Comm: Atty Paid: $1,524.51 Plaintiff Paid: Date: 10/28/2014 (Seal) Due Prothy: $2.25 Other Costs: David D. uell, Prothonotary Deputy REQUESTING PARTY: Name: HEATHER RILOFF, ESQUIRE Address: MARTHA E. VON ROSENSTIEL, P.C. 649 SOUTH AVENUE, SUITE 7 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 309906 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintif THE BANK OF NEW YORK MELLON, AS : INDENTURE TRUSTEE, ON BEHALF OF : THE HOLDERS OF THE CSMC TRUST 2010-16 MORTGAGE-BACKED NOTES AND CERTIFICATES, SERIES 2010-16 Plaintiff VS. JULIET A. FULLER Defendant(s) #32066CAM - DN CF -i',10 11`„%i0 1 4 , J (i nn �1 j4J4 DEC 8 P;1 2: 4 PE 11 S �r'-VANIA ICY COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO: 2013-03866 AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel, P.C. by the undersigned attorney for the Plaintiff in the above J I action, hereby verifies that on f I I 1 , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties. of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Heather Riloff, Jeniece D. Davis, squire Attorneys for Plaintiff Name and MARTHA E. VON ROSENSTIEL, P.C. Address ' AttorneyAt Law of 649 South Avenue, Unit 7 Sender Secane, PA. 19018 32066 BP Indicate type of mail 0 Registered 0 Return Receipt for Merchandise 0 Insured 0 COD 0 Intl Recorded Del. ❑Certified 0 Express Mail Check appropriate block for Registered Mail: ❑With Postal Insurance 0 Without Postal Insurance Affix stamp certified of • •• •1 t, * '` ,s 7-1 ' here if mailing l•. • f".� of �., •-• =h'-te'zo 11.1 ?'-. 1 '• 1 ;% { issued as or fc $ FOSS.. tI bill. G.' '' �u f4' fpe eiPt •ms s , 02 1 P 0001738253 ,,..,,s °' •t--"---' PITNEY BOWES $ 005.17° NOV 04 2014 Lin e Article Number Name of Addresses, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Send er If COD 7- n.o ..: MAILED S. H. Fee FROM Abspe@EF4018 R. R. Fee S. D. Fee Remarks 1 1 of 1 Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA. 17013 .48 - 2 Cumberland Register of Wills County Courthouse , • Carlisle, PA. 17013 .48 3 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC. 20044 .48 4 PA Department of Revenue - Inheritance Tax Division, P.O. Box 280601 Harrisburg, PA 17128 .48 5 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA. 17013 .48 6 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 .48 7 Department of Public Welfare P.O. Box 2675 Harrisburg, PA. 17105 .48 8 Occupants/Tenants 457 Heisey Road Mechanicsburg, PA 17055 .48 Sq o%• ?/ . OFF/� 9 , PA. Department of Revenue Bureau of Individual Taxes P.O. Box 280603 Harrisburg, PA. 17128 .48 os ;335 j s k ` rn :. 'r ae 10 10 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, -PA 17013 .48 N12..._4- ��. SE -C- 11 Juliet A. Fuller 457 Heisey Road Mechanicsburg, PA 17055 .48 Total Number of Pieces Listed by Sender 11 Total Number of Pieces Received at Post Office Postmaster, -r ame of Rece s Empl• ee) / U.S, POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERN PROVIDE FOR INSRJRANCE—POSTMASTER Received Front MARTHA VON ROS 649 SOUTH AV UNIT 7 SECANE, PA • 8 7 piece of ordinary mail addressed to: e T,dkfTix fee hue in stamps f,3 F' meter postage end ost=orwic' 1 quIF2 of i iroslmeuoytrent 02 1P 4) 001.300 0001738253 NOV 04 2014 MAILED FR t M ZIP CODE 19018 e,vC c 4 c, il0 41 h ee 'c v CelA C oYeorLL 1- oh C► 000 CO rh nrne YGe /26 rk wt o +4.0. (J L( (o 1 N.F' o g od"' PS orm 3817, Mar.1989 zdovio e�sR U.S. POSTAL SERVICE CERTIFICATE OF M1LINC.(F,8Pc,5 ' MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE—POSTMASTER MA) i..pES 1!i3T * . : s� �,'a Z vigit Reeeived.From: MARTHA VON ROS P1-1 649 SOUTH AV UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: R� 6 4- 4Cce p fti h c,ej LLC t . rrr _ r c� f 02 1P : 00017382 =f MAILED : '" i Qe FR .a f of s S5 ne e V6 Iii 6 i ki furl/1;4141/6/4)o 1/6/4)ar 1yob-yam 19 it& ,4v& n 46 GIJI^iu(e h t (1.qo'' 2 , PS Form 3817, Mar.1989 Affix fee hue in stamps 'Or meter postage end PImarltri nquirof 463aria tTWlol=rArren PITNEY• BOWES $ 001.30° 3 NOV 04 2014 M ZIP CODE 1901,8 trl r - Er mr- Er D m fT1 D r -R 4 U.S. Postal ServiceTM CERTIFIED MALTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage Cerned Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee tif . 11 11/04/2014 Sent To io- A. etjor PO Sox No. q_,c Ci ate, P+4 t A cr 1. / A , PS Form 3600, August 2006 See Reverse for Instrer titytt,