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Home My WebLink About14-2726 ti Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Onlj-: Civil Cover Sheet Docket T.To: Cumberland County I The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the film and service 2fgleadings or other papers as required by.law or rules of court. S Commencement of Action: E x Complaint ci Writ of Summons o Petition C o Transfer from Another Jurisdiction o Declaration of Taking Lead Plaintiffs Name:FEDERAL NATIONAL Lead Defendant's Name:NATHAN E.THEOBOLD T MORTGAGE ASSOCIATION("FANNIE MAE") I 0 N Are money damages requested? : o Yes X No Dollar Amount Requested: within arbitration limits A (Check one outside arbitration limits Is this a Class Action Suit? Do Yes 0X No Is this an MDJAppea ? o Yes OX No Name of Plaintiff/Appellant's Attorney:Martha Von Rosenstiel,Esq. o Check here if you are a Self-Represented(Pro Se)Litigant Nat-ur of the Case: Place an "Y'to the left of the ONE case categorv,that most accurateh,describes your PRIAIARYCA.SE. lfyou are making more than one type of claim.check the one that you consider most important. TORT(do no;inchidc.,1,1a.-s Tort) CON-TRACT(do nor include Judgirenu) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies [:]Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle p Debt Collection:Other [] Board of Elections, Nuisance [] Dept.of Transportation Premises Liability 0 Statutory Appeal:Other S Product Liability(noes riot include 0 Employment Dispute: E mass ton') Discritnination E] 0 Employment Dispute:Other 0 Zoning Board C 0 Other: 0 other: T U Other: o MASS TORT 0 Asbestos N [:] Tobacco 171 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY AITSCELLANEOU-S 0 Toxic Waste [I'Ejeennent []Common Law/Statutory Arbitration 0 Other: 0 Eminent.Doinain!Coudenuintion 0 Declaratory Judgment B Ground Rent 8 Mandamus Landlord/Tenant Dispute Non-Domestic Relations nx Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 0-Mortgage Foreclosure:Cot=ercial Q Quo Warranto, El Dental 0 Partition El Replevin 0 L",nI 0 Quiet Title 0 other- Medical 0 Other: Other Professional: Updated 11112011 MARTHA E. VON ROSENSTIEL, P.C. 34013CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 �' u Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 s ' Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY 3900 Wisconsin Avenue,NW Washington, DC 20016-2892 V. Plaintiff NO. ) q- �) l] C . NATHAN E. THEOBOLD 414 A Street Carlisle, PA 17013 Defendant CIVIL ACTION —MORTGAGE FORECLOSURE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le ban demandado a usted en la corte.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 notificacion. 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 notificacion. Ademas,]a corte puede decidir a favor del demandante property or other rights important to you y requiere que usted cumpla 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 SOBREAS ELIGIBLE PARA SERV COS AICOSTO LEGAL A REDUCED FEE OR NO FEE PERSONREDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Cy�. Co 3� 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) COUNSEL FORIN WRITING PTHIN LAINTIFF THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, 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 ORIGINAL CREDITOR, IF DIFFERENT EFENDANT(S) THE NAME AND ADDRESS OF THE OR FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIODFOLLOWINGEVEN THOUGH THEFIRST CONTACT ITH YOU LAW PROVIDES YOU TO COLLECT THIS DEBT 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 EUEST WILL BE MADE TO XPIRATION OF THIRTY (30HDAY8 AFTEE COURT. R YOU HAVE R A JUDGMENT UNTIL THE 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 INFORMATI TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING OUR RIGHTS AND OBLIGATIONS NTHIS ST. IF YOU HAVE FILED BANKRUPTCY AND D RECEIVED A S AN ACTION O ENFORCE A LIEN ON ISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. 34013CFC-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 FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY 3900 Wisconsin Avenue,NW Washington, DC 20016-2892 Plaintiff NO. V. NATHAN E. THEOBOLD 414 A Street Carlisle, PA 17013 Defendant CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A R MATION OBTAINED WILL BE USED FO THAT PURPOSE 1. Plaintiff is Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America, with offices for the conduct of business at 3900 Wisconsin Avenue,NW, Washington, DC 20016-2892. 2. Defendant,Nathan E. Theobold is the mortgagor and real owner of premises 1506 West Trindle Road f/k/a 1681 Trindle Road, Carlisle, PA 17013, 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 First Horizon Home Loan Corporation on June 15, 2005, which mortgage was recorded on June 17, 2005 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1911, Page 776, secured on premises 1506 West Trindle Road f/k/a 1681 Trindle Road, Carlisle, PA 17013 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to Federal National Mortgage Association ("Fannie Mae")by written assignment dated February 26, 2014 and recorded on March 6, 2014 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Instrument No. 201404717. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. 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 April 2013 and each month thereafter, up to and including the present time. 7. 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. 8. The following"is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 70,535.39 Interest from 3/1/2013 to 4/8/2014 4,672.73 at $11.59 per diem $ Accrued late charges $ 119.90 Accrued Escrow deficit $ 1,441.83 Attorney's Fee $ 1,650.00 Property Preservation $ 450.00 Property Inspections $ 195.00 Returned Check Charges $ 25.00 Total $ 79,089.85 9. 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$79,089.85, plus per diem interest at$11.59 from April 9, 2014 to the date of judgment plus costs thereon. MARTHA E. VON ROSENSTIE , P.C. BY: Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION An Fry hereby states that he/she is the Foreclosure Specialist of Seterus, Inc., as authorized subservicer for Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America,plaintiff herein;that he/she is duly authorized to make this Verification on behalf of Federal National Mortgage Association("Fannie Mae") and verifies that the statements made in the foregoing Complaint in Federal National Mortgage Association ("Fannie Mae")v.Nathan E. Theobold relating to the property located at 1506 West Trindle Road fWa 1681 Trindle Road, Carlisle, PA 17013 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 falsif cation to authorities. a: Andrew Title: Foreclosure Specialist Seterus, Inc., as authorized subservicer for Federal National Mortgage Association ("Fannie Mae")"a corporation organized and existing under the laws e� of the United States of America Dated: J EXHIBIT I LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Middlesex in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of Pennsylvania Highway Route No. 641, commonly known as the Trindle Road, at line of land now or formerly of Ellsworth J. Miller, thence along the line of the latter,North 17 degrees 15 minutes East, 217.88 feet to a stake on line of land now or formerly of Donald Bricker;thence along the line of the latter, South 73 degrees 23 minutes East, 95.74 feet to an iron pin at line of land now or formerly of Bertha Trimmer;thence along the line of the latter, South 25 degrees 35 minutes West, 210.90 feet to a stake in the center of Pennsylvania Highway Route No. 641, aforesaid; thence along the center line of the same,North 81 degrees 45 minutes West, 66.17 feet to a stake, the point and place of BEGINNING. The above description is in accordance with a survey of May 3, 1967 made by Thomas Alvin Neff,Registered Surveyor. TOGETHER with the right to the use of a driveway located along the westerly side of the property above conveyed and along the easterly side of the property of said Ellsworth J. Miller and wife, said right to be in common with the said Ellsworth J.Miller and wife,their heirs and assigns. UNDER AND SUBJECT to covenants, conditions,reservations,restrictions, easements and right of ways of record. PARCEL IDENTIFICATION NO: 21-23-0585-013., CONTROL#: 21002733 i i. G , Y t i f ! Seterus,Inc. 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 DATE: 2/26/14 34013-BP TO: Nathan E. Theobold 1681 Trindle Road Carlisle,PA 17013 and Nathan E. Theobotd 414 A Street Carlisle, PA 17013 FOR PROPERTY ADDRESS: 1681 Trindle Road Carlisle,PA 17013 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 foreclosure Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 this 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S)Nathan E. Theobold PROPERTY ADDRESS:1681 Trindle Road, Carlisle,PA 17013 LOAN ACCOUNT NO: #: 2100 ORIGINAL LENDER/SERVICER: Federal National Mortgage Association ("Fannie Mae ' CURRENT LENDER/SERVICER: Seterus,Inc. SERVICER FOR: Federal National Mortgage Association ("Fannie Mae") 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 plus three(3) additional days for mailing after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the.end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE—Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty three(33) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICA TION WITH PHFA WITHIN 33 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED 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 APPLICATIONIS EVENTUALLYAPPROVED 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 time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR 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 1681 Trindle Road, Carlisle,PA 17013 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: Monthly payments 4/1/2013 to 2/28/2014 @ $479.65 per month $5,276.15 Late Charges $ 119.90 Escrow Advance $2,049.96 Corporate Advance $ 210.00 NSF Fees $ 25.00 TOTAL AMOUNT PAST DUE $7,681.01 HOW TO CURE THE DEFAULT—You may cure the default within THIRTY THREE (33)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,681.01 PL US ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME D UE D URING THE THIRTY THREE(33) DAYPERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: Seterus Inc 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005 IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY THREE(33) 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 THREE (33) 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 THREE (33)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 THREE(33)DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE—It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 8 months from the date set forth in this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Seterus,Inc. Address: 14523 SW Millikan Way, Suite 200,Beaverton, OR 97005 Phone Number: 866-570-5277 Contact Person: LOAN RESOLUTION DEPARTMENT EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You_may or XX 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" 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 ANOTEHR LENDING INSTITUTION TO PAY OFF THIS DEBT. -TO HAVE THIS MORTGAGE 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'DEF.AULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). -TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE . PROCEEDING OR 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 CCCS of Western PA 2000 Linglestown Road .Harrisburg, PA 17102 888-511-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg,PA 17325 717-334-1518 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-2397 FORM 1 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff vs. NO. J NATHAN E. THEOBOLD 414 A Streets= -- Carlisle, PA 17013 Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE u.' 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 i 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 tq/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 AKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: April 24, 2014 Date igna ure of Counsel for Plaintiff • i t FORM z 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: CUSTOMERIPRiMARY APPLICATION 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? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: X �_ 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: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: y 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 payins) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2n 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: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes 0 No ❑ 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: AUrHORIZATION 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. 1/we understand that ]/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 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff VS. NO. NATHAN E. THEOBOLD 414 A Street Carlisle, PA 17013 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 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff vs. NO. NATHAN E. THEOBOLD 414 A Street Carlisle, PA 17013 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/fender 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; e 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. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF I LTO -OFF ! ;k OF THE PROTHONO-iA.R_,l. 2 RMAY23 fii1 :I CUMBERLAND COUNTY PENNSYLVANIA Federal National Mortgage Assocation vs. Nathan E Theobold Case Number 2014-2726 SHERIFF'S RETURN OF SERVICE 05/13/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nathan E Theobold, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1506 W. Trindle Road f/k/a 1681 Trindle Road, Middlesex Township, Carlisle, PA 17013. Residence is vacant. 05/13/2014 03:33 PM - Deputy Dawn Kell, 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: Nathan E Theobold at 414 A Street, Carlisle Borough, Carlisle, PA 17013. DAWN KELL, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, May 14, 2014 RONNY R ANDERSON, SHERIFF (c) CountySu to She+'if, Tc!eosoft, rc. #34013CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff V. : NO. 14-2726 Civil NATHAN E. THEOBOLD Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT C) ru ca ter*- 32 , c r— cn �. ry -< ry <d CO - -t N To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Nathan E. Theobold for want of an answer. (X) Assess Damages as Follows Debt Interest from 4/9/2014 to 7/16/14 At $11.59 per diem $ 79,089.85 $ 1,147.41 Total $ 80,237.26 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 This e2aday of MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ro -�1 tiel, Esquire Heather Riloff, Esq e Attorneys for Plaintiff , 2014 judgment is entered in favor of the Plaintiff and against Defendant(s), Nathan E. Theobold by default for want of an answer and damages assessed at the sum of $80,237.26 as per the above certification. , Prathoup r3t,eeumberland County"' GL 8 12-* SW ie rociti. teal Ma. LkTHA 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") v. NATHAN E. THEOBOLD Plaintiff Defendant TO: Nathan E. Theobold 1506 West Trindle Road Carlisle, PA 17013 #34013CTD - MB COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 14-2726 Civil f/k/a 1681 Trindle Road 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 MARTHA E. VON ROSENST BY: Dated: 6/3/14 , P.C. rtha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire 1 No. 52634 Heather RiIoff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") v. NATHAN E. THEOBOLD TO: Nathan E. Theobold 414 A Street Carlisle, PA 17013 Plaintiff Defendant #34013CTD - MB COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 14-2726 Civil 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 MARTHA E. VON ROSENSTIE BY: Dated: 6/3/14 P.C. Ma 'a E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff s 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff vs. NATHAN E. THEOBOLD Defendant(S) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No: 14-2726 Civil #34013 CFJ-DN 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. MARTHA E. VON ROSENSTIEL, P.C. BY. Dated: July 16, 2014 artha E. Von Ros Heather Riloff, Esq Attorneys for Plaintiff , Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Nathan E. Theobold 414 A Street Carlisle, PA17013 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") PLAINTIFF VS. NATHAN E. THEOBOLD DEFENDANT(S) David D. Buell, Prothonotary : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-2726 CIVIL 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 $80,237.26 on July 16, 2014. X David D. Buell Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings )c.:0) If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel, P.C. at this telephone number:610-328-2887. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Nathan E. Theobold 1506 West Trindle Road f/k/a 1681 Trindle Road Carlisle, PA 17013 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") PLAINTIFF VS. NATHAN E. THEOBOLD DEFENDANT(S) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-2726 CIVIL 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 $80,237.26 on July 16, 2014. X David D. Buell Prothonotary Judgment by Default Money Judgment 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. Commonwealth of Pennsylvania COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") v. NATHAN E. THEOBOLD 34013CWE-DN COURT OF COMMON PLEAS DOCKET NO. 14-2726 Civil ATTORNEY I.D. #52634 ATTORNEY I.D. #309906 Praecipe for Writ of Execution. t �y N _afi • CD'11 $ 80,237.26 ya TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 7/17/2014 to 12/3/2014 At6% TOTAL* *Plus costs to be endorsed $ 1,846.60 $ 82,083.86 MARTHA E. VON ROSENSTIEL, P.C. B Martha E. V Heather Ril Attorneys for PREM: 1506 West Trindle Road f/k/a 1681 Trindle Road, Carlisle, PA 17013 t- ay. 5a d a epp 095 6)-i 6sFeci- RAL 30 cao (-1 x/ 4,71‘ osenstiel, Esquire squire • tiff Commonwealth Of Pennsylvania COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NVQ- - Washington, DC 20016-2892 v NATHAN E. THEOBOLD 414 A Street Carlisle, PA 17013 COURT OF COMMON PLEAS DOCKET NO. 14-2726 Civil ATTORNEY I.D. #526-34 - ATTORNEY I.D. #309906 Writ Of Execution (Mortgage Foreclosure) TO THE SHERIFF OF CUMBERLAND COUNTY CWE34013-DN To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: 1506 West Trindle Road f/k/a 1681 Trindle Road, Carlisle, PA17013 (see attached Exhibit I) AMOUNT DUE INTEREST FROM 7/17/2014 to 12/3/2014 at 6 % TOTAL* *Plus costs to be endorsed $ 80,237.26 $ 1,846.60 $ 82,083.86 David D. Buell, Prothonotary Bv: Deputy #34013 -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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff VS. NATHAN E. THEOBOLD Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-2726 CIVIL LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Middlesex in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING. at a point in the center line of Pennsylvania Highway Route No. 641, commonly known as the Trindle Road, at line of land now or formerly of Ellsworth J. Miller, thence along the line of the latter, North 17 degrees 15 minutes East, 217.88 feet to a stake on line of land now or formerly of Donald Bricker; thence along the line of the latter, South 73 degrees 23 minutes East, 95.74 feet to an iron pin at line of land now or formerly of Bertha Trimmer; thence along the line of the latter, South 25 degrees 35 minutes West, 210.90 feet to a stake in the center of Pennsylvania Highway Route No. 641, aforesaid; thence along the center line of the same, North 81 degrees 45 minutes West, 66.17 feet to a stake, the point and place of BEGINNING. The above description is in accordance with a survey of May 3, 1967 made by Thomas Alvin Neff, Registered Surveyor. TOGETHER with the right to the use of a driveway located along the westerly side of the property above conveyed and along the easterly side of the property of said Ellsworth J. Miller and wife, said right to be in common with the said Ellsworth J. Miller and wife, their heirs and assigns. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. PARCEL IDENTIFICATION NO: 21-23-0585-013., CONTROL #: 21002733 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Nathan E. Theobold, unmarried person, by Deed from Lucy E. Ege, unmarried person, dated 06/15/2005, recorded 06/17/2005 in Book 269, Page 2082. I MAR -IA 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff VS. NATHAN E. THEOBOLD Defendant(s) #34013CAM - DN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-2726 CIVIL AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 rcI r D :37, 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 1506 West Trindle Road f/k/a 1681 Trindle Road, Carlisle, PA 17013: 1. Name and address of owners(s) or reputed owner(s) Nathan E. Theobold 414 A Street Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Nathan E. Theobold 414 A Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name 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: ,4ONE 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 `)cciupant 506 West Trindle Road f/k/a 1681 Trindle Road Carlisle, PA 17013 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: July 15, 2014 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Ro Heather Riloff, Es Attorneys for Plainti 34013CAM-DN MARTHA 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff vs. NATHAN E. THEOBOLD Defendant(s) oF THE PRO 71•101-10 TA • 2011i JUL 22 ti 8: 2t+ CUMBERLAND COUNTY IA Y : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No: 14-2726 Civil 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 1506 West Trindle Road f/k/a 1681 Trindle Road Carlisle, PA 17013 will be sold by the Sheriff of Cumberland County on Date of Sale: December 03, 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. 14-2726 Civil in the Court of Common Pleas of Cumberland County by Federal National Mortgage Association ("Fannie Mae"), Plaintiff against Nathan E. Theobold, Defendant(s). Judgment was entered on July 16, 2014 in the amount of $80,237.26. The property was seized and taken in execution as the property of Nathan E. Theobold. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Middlesex in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of Pennsylvania Highway Route No. 641, commonly known as the Trindle Road, at line of land now or formerly of Ellsworth J. Miller, thence along the line of the latter, North 17 degrees 15 minutes East, 217.88 feet to a stake on line of land now or formerly of Donald Bricker; thence along the line of the latter, South 73 degrees 23 minutes Ea<, -;'5±74 feet to an iron pin at line of land now or formerly of Bertha Trimmer; thence along the line of the latter, South 25 degrees 35 minutes West, 210.90 feet to a stake in the center of Pennsylvania Highway Route No. 641, aforesaid; thence along the center line of the same, North 81 degrees 45 minutes West, 66.17 feet to a stake, the point and place of BEGINNING. The above description is in accordance with a survey of May 3, 1967 made by Thomas Alvin Neff, Registered Surveyor. TOGETHER with the right to the use of a driveway located along the westerly side of the property above conveyed and along the easterly side of the property of said Ellsworth J. Miller and wife, said right to be in common with the said Ellsworth J. Miller and wife, their heirs and assigns. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. PARCEL IDENTIFICATION NO: 21-23-0585-013., CONTROL #: 21002733 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. 14-2726 Civil. 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 Attorney 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Vs. NO 14-2726 Civil Term CIVIL ACTION — LAW NATHAN E. THEOBOLD 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: $80,237.26 L.L.: $.50 Interest FROM 7/17/2014 TO 12/3/2014 AT 6% - $1,846.60 Atty's Comm: Atty Paid: $190.31 Plaintiff Paid: Date: 7/22/14 (Seal.) Due Prothy: $2.25 Other Costs: PuxiLy David D. Buell, Prothonotary mit_ 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 Prothonotary 1 Courthouse Square Cumberland County Courthouse Carlisle,PA 17013-3387 ' * '7) ,i 0...* .1 0 Nathan E. Theobold 1506 West Trindle Road f/k/a 1681 Trindle, •I; A! ictfrO'§ 61A. • , rti OR VI AR'O TT. E XP ?TN TO THE OBOL D 'NATHAN 414 A ST CARLISLE PA 17,013.-182.0 RETURN TO ..SENDER PO)- co ezir "mwww"..PITNEY BOWES 02 1P $ 000.69° 0001738253 JUL 15' 2014 MAILED FROM ZIP CODE196i8 17 0339-4 1701 SS -97.5,9 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Nathan E. Theobold 1506 West Trindle Road f/k/a 1681 Trindle Road Carlisle, PA 17013 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") PLAINTIFF VS. NATHAN E. THEOBOLD DEFENDANT(S) COURT.OF COMMON PLEAS CUMBERLAND COUNTY : NO: 14-2726 CIVIL Notice Pursuant to Rule 236 of the Supreme Court ofPennsylvania, you' are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in,the amount of $80,237.26 on July 16, 2014. X. David D. Buell Prothonotary .6\ Judgment by Default Money Judgment. Judgment in Replevin Judgment for Possession Judgment on AWrd of it Arbitration Judgment on Court Findings If you vhaye_any questions concerning thisjibtiee,4ilease, calk Martha E.NonItosenstiel,_P.C._at_this._. telephone number:610-3'28-2887. 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff VS. NATHAN E. THEOBOLD Defendant(s) #34013CAM - DN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-2726 CIVIL C, -v= moo zrn z7) cn r rz Z C3 -4 a r CO 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 0-S/(4 , 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. MARTHA E. VON ROSENSTIEL, P.C. BY: C Martha E. Von RoseEsquire Heather Riloff, Esqui Attorneys for Plaintiff rn CD 1 CD "TA 3•� For Accountable Mall Name and MARTHA E. VON ROSENSTIEL, P.C. Address Attorney At Law Indicate type of mail 0 Registered 0 Return Receipt for Merchandise ❑Insured Check appropriate block for Registered Mail: 0 With Postal Insurance Affix certified additional stamp here if issued as of mailing or for copies ofthi�tl�POSTq 1 4 4+e, ti of 649 South Avenue, Unit 70 0COD 0 Infl Recorded Del. Without Postal P-�� .g. .;,e Rr �•c�eipi ®,►"- Sender Insurance :J.• : ' , �""'��'"-"A. - - -• 34013 Secane, PA. 19018 Dn 0 Certified 0 Express Mail ;. 6_-' . 5 ...--- PITNEY BOWES ' L. :. 02 1P $ 005.17° 7c_d. _ '+k+�i'4'.1 #� ,.,,..• • MAILED _,�. ,,,, 25 2011 FROM @t 1ir9 901 8 Line Article Number Name of Addresses, Street, and Post Office Address Postage Fee Handling Charge 9 Act. Value If Regis.) Insured Value Due Sender If COD R. R. Fee S. D. Fee S. H. Fee Remarks 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/0 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 1506 West Trindle Road f/k/a 1681 Trindle Road Carlisle, PA 17013 .48 9 PA. Department of Revenue Bureau of Individual Taxes P.O. Box 280603 .48 Harrisburg, PA. 17128 (1FF 10 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 .48 4 O a, 11 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 .48 LL us ty �a. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Postmaster, Per ( e of Re iving E 'e)d % // SELF PLAINTIFF: Federal National Mortgage Association ("Fannie Mae") DEFENDANT Nathan E. Theobold SERVE UPON: Nathan E. Theobold 1506 West Trindle Road flk/a 1681 Trindie Road Carlisle, PA 17013 AFFIDAVIT OF SERVICE COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 14.2726 Civil TYPE OF ACTION XX Notice of Sheriff's Sale 34013 -DN 20'4'lUG / t; P ti /: 36 CUMBERLAND ENNS YL Vq NIAN Y SPECIAL INSTRUCTIONS: please serve defendant personally Sheriffs Sale Date:12/312014 or adult in charge of premises r ,f P\moo, F t ID SERVED �N� �j Served and made kno to �O�Defe danf on the day of v`q,49 , 201 "[ , at `13'9 o'clock, I . M., at i1/I� sa" (.atz'_s IC , Commonwealth of Pennsylvania, in the manner eacribed below: Defendant personally served. Manager/Clerk of place of lodging in which Adult family merperryith whom Defendant resides. Defendant resides. Agent or person in charge of Defendant's office Relationship is Wili Hit I. it- Adult in charge of Defendant's residence who or usual place of business. Other refused to give name/relationship. Descri on: Age iS H r`' Com- - — i 5 - Weight / d d Race !2.14 Sex toa 1{� oo Veit. the date and at e a ress indicated above. VY' , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale issued in the captioned case on Sworn to and subscribed before' e this 12GL of Notary: NOT SE'of On the By: NOTARIAL SEAL LUCILLE H CARTY Notary Public ETTERKENNY PAP., FRANKLIN COUNTY My Commission Expires Nov 30, 2015 day of 20 at o'clock _. M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Time of Attempt: Result: Date of Attempt: Sworn to and subscribed before me this day of , 200_, Notary: By: ATTORNEY Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 PLAINTIFF: Federal National Mortgage Association ("Fannie Mae") DEFENDANT Nathan E. Theobold SERVE UPON: Nathan E. Theobold 414 A Street Carlisle, PA 17013 AFFIDAVIT OF SERVICE COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 14-2726 Civil TYPE OF ACTION XX Notice of Sheriffs Sale SPECIAL INSTRUCTIONS: please serve defendant personally Sheriffs Sale Date 1213/2014 & or adult in charge of premises Usk. '(r, `c. ERVED and made known to 'aN ,� Cn Wend at, oa the al' day of i‘45%1‘64- Sierved;38 o'clock, f 11r., at J� s'4 , r � 'j. p Commonwealth of Pennaylvanla, oecribed below: T 34013 -DN 20� T , at in the manner Defendant personally served. Manager/Clerk of place of lodging in which ee with whom Defendant resides. A Adult family m» Defendant resides. Agent or person in charge of Defendant's office Relationship isMa . Adult in charge of Defendant's residence who or usual place of business. Other refused to give name/relationship. • Descript n: Age 7r'..--Helg ll G Weight /57:' Race W Vort r. to ot�Y tIc 0 CIC the date and at theaddress Indicated above. Sworn to and subscritZ before : e this of � Notary: 0 NOT SERV By: Sex. f Other 5'65.-5t"--,- , i'75St'S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale issued in the captioned case on On the day of , 20 at Moved Unknown No Answer NOTARIAL SEAL. LUCILLE HCARTY Notary Public LETTERKENNY TWP., FRANKLIN COUNTY My Commission Expires Nov 30, 2015 o'clock . M., Defendant NOT FOUND b�bAe Vacant Time of Attempt: Date of Attempt: Result: Sworn to and subscribed before me this day of 200_. Notary: By: ATTORNEY Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 610.328-2887