HomeMy WebLinkAbout10-1855
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. Bank, National Association, as
successor trustee to Bank of America, N.
A. as successor by merger to LaSalle
Bank National Association, as Trustee
for First Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed
Certificates, Series 2007-FF1
Plaintiff,
vs.
Kenneth S. Rochkind, Sr.
CIVIL DIVISION
NO. 10 -1855 Civj(T>?rtr1.
COMPLAINT IN MORTGAGE
FORECLOSURE
MORTGAGE FORECLOSURE
Filed on behalf of Plaintiff
Counsel of record for this party:
Louis P. Vitti, Esquire
PA 1. D. #01072
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
Defendants.
TO DEFENDANT(S):
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A DEFAULT JUDGMENT MAY BE ENTERED AGAINST
YOU.
By: /S/. O~ P. tom
Attorney for Plaintiff
Q
44 a .oo P P ATrf
CO 7090
Pa* a_3893(o
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
U.S. Bank, National Association, as successor trustee to Bank of
America, N. A. as successor by merger to LaSalle Bank National
Association, as Trustee for First Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed Certificates, Series 2007-FF1
Plaintiff,
NO:
vs.
Kenneth S. Rochkind, Sr.
Defendant(s).
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU
MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS
COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO
THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF
YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR
FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
NOW, comes the Plaintiff by its attorneys, Vitti and Vitti and Associates, P.C. and
Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers
1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a national association company duly authorized to conduct
business within the laws of the Commonwealth of Pennsylvania, having a principal place of
business located at 150 Allegheny Center Mall, Pittsburgh, PA 15212.
2. The Defendant(s) is/are individuals with a last known mailing address of 1312
Somerset Court, New Windsor MD 21776. The property address is 60 Bonnybrook Road,
Carlisle, PA 17013 and is the subject of this action.
3. On the 30th day of November, 2006, in consideration of a loan of One Hundred
Twenty Thousand and 00/100 ($120,000.00) Dollars made by Mortgage Electronic
Registration Systems Inc., (MERS) as nominee for First Franklin, a Division of National City
Bank to Defendant(s), the said Defendant(s) executed and delivered to Mortgage
Electronic Registration Systems Inc., (MERS) as nominee for First Franklin, a Division of
National City Bank. a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s)
and Mortgage Electronic Registration Systems Inc., (MERS) as nominee for First Franklin,
a Division of National City Bank, as mortgagee, which mortgage was recorded on the 14th
day of December, 2006, in the Office of the Recorder of Deeds of Cumberland County, in
Mortgage Book Volume 1976, page 935. The said mortgage is incorporated herein by
reference thereto as though the same were set forth fully at length.
4. The premises secured by the mortgage are:
SEE EXHIBIT "A" ATTACHED HERETO.
5. On the 1st day of March 2010, Mortgage Electronic Registration Systems Inc.,
(MERS) as nominee for First Franklin, a Division of National City Bank, the said mortgage,
that assignment being recorded in the Office of the Recorder of Deeds of Cumberland
County on the 1st day of March, 2010, at Instrument No. 201005067. The said assignment
is incorporated herein by reference.
6. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable,
or in case default shall be made in the payment of any installment of principal and
interest, or any monthly payment, keeping and performance by the mortgagor of any of
the terms, conditions or covenants of the mortgage or note, it shall be lawful for
mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the
mortgage, of principal debt, interest and all other recoverable sums, together with
attorney's fees."
7. Since October 1, 2009, the mortgage has been in default by reason, inter alia,
of the failure of the mortgagor(s) to make payments provided for in the said mortgage
(including principal and interest) and, under the terms of the mortgage, the entire principal
sum is due and payable.
8. In accordance with the appropriate Pennsylvania Acts of Assembly and the
Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the
mortgagee's intention to foreclose. The appropriate time period has elapsed since the
Notice of Intention to Foreclose has been served upon the mortgagor(s).
9. The amount due on said mortgage is itemized on the attached schedule.
10. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases
from liability for the debt secured by the mortgage any mortgagor, personal representative,
heir or devisee of the mortgagor who is not a real owner of the property at the time of the
filing of this Complaint.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6),
Plaintiff demands judgment for the amount due of One Hundred Thirty One Thousand
Eight Hundred Fourteen and 89/100 ($131,814.89) with interest and costs.
Respectfully submitted,
VITTI AND VITTI & ASSOC., P.C.
BY:
ouis P. Vitti, Esquire
Attorney for Plaintiff
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 116,336.01
Interest @ 7.3500% from 09/01/09 through 3/31/2010 4,943.01
(Plus $23.4266 per day after 3/31/2010 )
Late charges through 3/11/2010
0 months @ 41.34
Accumulated beforehand 165.36
(Plus $41.34 on the 17th day of each month after 3/11/2010 )
Attorney's fee 5,816.80
Escrow deficit 4,553.71
(This figure includes projected additional charges that may be incurred by the
Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the
sheriffs sale)
BALANCE DUE 131,814.89
EXHIBIT "A"
LEGAL DESCRIPTION
Exhbt'K
File No. 4&888
ALL THAT CERTAIN tot of grouad shuds in South Middleton Township, County of
Cumberland and State of Pennsylvania, hounded and dsaeribsd as follows:
BEGINNING at an Iron pipe on the south aids of it* Bormybrook Road, this pipes Is located
three hundtrd eighty t hme (3ti3) feet west of the coma of hurds now or larmerly of
Helen R Trego and Charles C. Weidner, at ux.; thence by the south side of the
Donnybrook Road Nor* seventy-wren deem West (N 770 W) cue hundred (100)
feet to an iron pipe; theooe along lands now or formerly of Charles C. Weidner, et
u:. Sion& thirteen degrees Wert (S 139 W) two hundred (200) feet to an iron pipe;
thence South sevsnly4wes degrees East (S 779 E) one hundred (100) feet to an Iron
pipe, theaee along lands now or formerly of Charles C. Weidner, et m North
thirteen degrees East (N 13° E) two bus" (200) feet to an iron pipe on the south
side of the Bonaybrook Road and the place of BEGIN UNG.
HAVING sreoted thereon a ones" ranch type dwelling house of Theme construction and
a detached garage.
KNOWN in and numbered 68 Bonnybrook Road, Cadisie, Penney Is 171113.
BEING THE SAME PREMISES which TANYA N. MATTHEWS, SINGLE WOMAN by Dead
dated NOVEMBER 30, 2006 and Intended for k aaedlats recm A in the Ollice of the
Recorder of Doak in and for CUMBERLAND County, Penney Is, granted and conveyed
unto KENNETH S. ROCt , OR, ADULT gBIVIOUAL, Mortgagor(s) herein.
I Certify this to be recorded
In Cumberland Ca pity PA
0
0*0:ord'er of Deeds
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Complaint are
true and correct to the best of his knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to
unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the
pleading is submitted by counsel having sufficient knowledge, information and belief based
upon the information provided him by the Plaintiff.
L is,: . Vitti
Dated: March 11, 2010
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
2Q 14 MAI: 25 PM 2~ 4 a
.~,1U~ v 1 !
US Bank National Association
Case Number
vs.
Kenneth S. Rochkind, Sr. 2010-1855
SHERIFF'S RETURN OF SERVICE
03/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Kenneth S. Rochkind Sr., but was unable to locate him
in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Kenneth S. Rochkind Sr. Request for service at 60 Bonnybrook Road, Carlisle, PA 17013 is
vacant. The Carlisle Postmaster has advised the defendant's mail is delivered to 60 Bonnybrook Road,
Carlisle, PA 17013.
SHERIFF COST: $38.40 SO ANSWERS,
""'-~
°"--~-
March 25, 2010 RON R ANDERSON, SHERIFF
fl~~,~r~~
101Qt~~;Y I2 F~~ 2~ 5~
P' , v~v4„ ; ~.1,...,~,~.d
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK NATIONAL ASSOCIATION,
as successor trustee to BANK OF
AMERICA, N.A., as successor by merger to
LASALLE BANK NATIONAL
ASSOCIATION, as Trustee for FIRST
FRANKLIN MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1,
CIVIL DIVISION
NO. 10-1855
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
Plaintiff,
vs.
KENNETH S. ROCHKIND, SR.,
Defendants.
Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti and Vitti and Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
$ I'~.OD PD ~~
~~ 17 cdla
2~ ~~ 19 45'
~o~tee, ~,la~ Ind
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA, N.A., as successor by merger to LASALLE BANK
NATIONAL ASSOCIATION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, NO: 10-1855
Plaintiff,
vs
KENNETH S. ROCHKIND, SR.,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgment in Default of an Answer in the amount of $132,681.67, in favor of the
U.S. Bank National Association, et al, Plaintiff in the above-captioned action, against the Defendants,
Kenneth S. Rochkind, Sr. and assess Plaintiffs damages as follows and/or as calculated in the
Complaint:
Unpaid Principal Balance $116,336.01
Interest from 03/31/10-05/07/10 5,809.79
(Plus $21.8107 per day after 05/07/10)
Late charges (Plus $41.34 per
month from 03/11/10-09/08/10 $248.04) 165.36
Attorney's fee 5,816.80
Escrow Deficit 4,553.71
(Plus any additional charges that may be
incurred by the Plaintiff and transmitted
to the sheriff as charges on the writ prior
to the date of the sheriff s sale)
Total Amount Due $132,681.67
The real estate, which is the subject matter of the Complaint, is situate in South
Middleton Township, Cty of Cumberland & Cmwlth of PA. HET a one story ranch dwg house and
detached garage. Parcel No. 40-24-0752-025.
Louis P. Vitti, s
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA, N.A., as successor by merger to LASALLE BANK :
NATIONAL ASSOCIATION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, NO: 10-1855
Plaintiff,
vs
KENNETH S. ROCHKIND, SR.,
Defendant.
CERTIFICATION OF MAILING
I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the
Defendant(s), in the above-captioned case on April 19, 2010, giving ten (10) day notice that judgment
would be entered should no action be taken.
VITTI AND VITTI AND ASSOCIATES, P.C.
. w
BY: ~
Louis P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 7th day
of May, 2010.
NOTARIAL SEAL
,'r SHERRY L HOUSE
r - ~7 r / Notary Public,
~.: ~ CITY OF PITTSBURGH, ALLEGHENY COUNTY
Notary Public ~ nny Commission Expires r~nay i s, zoa i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK OF AMERICA,
N.A., as successor by merger to LASALLE BANK NATIONAL ASSOCIATION, as Trustee
for FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, .
Plaintiff, NO: 10-1855
vs
KENNETH S. ROCHKIND, SR.,
TO: Kenneth S. Rochkind, Sr.
1312 Somerset Court
New Windsor, MD 21776
Date of Notice: April 19, 2010
Defendant.
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 (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
~-_~~,
VIT~A~D VITTI A~jTLZASSlJC TES, PC
f ~ '' '~
~" "Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THIS FIltM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPERTY.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF ALLEGHENY
BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who,
being duly sworn according to law, deposes and says that he is advised and believes that
DEFENDANT(S) is/are not presently in the active military service of the United States of America
and not members of the Army of the United States, United States Navy, the Marine Corps, or the
Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with
the Army or Navy; nor engaged in any active military service or duty with any military or naval units
covered by the Service Members Civil Relief Act of 2004 and designated therein as military service,
and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act,
and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true;
and insofar as they are based on information received from others, are true and correct as he verily
believes. In the alternative, should the defendant(s) be currently serving in the military the Service
Members Relief Act does not apply as the mortgage in question did not originate before the period
of the Service Members military service and is secured by a mortgage pursuant to 50 U.S.C. App
§533 formerly cited as 50 U.S.C. App §532 (a)(1)(2).
This Affidavit is made under the provisions of the Service Members Civil Relief Act of 2004.
,~~.
.Li~C
Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 7th day
of May, 2010.
NOTARIAL ScAL
,' ~ ~. ~ ~ SHERRY L HOUSF:
J 7~ ~, (~ Notary Publio
---' :f f 'VU .i j f ! ~ F L~ CITY OF PITT56URGH, ALLEGHENY COUNTY
Notary Public ~, ~~ My Commission Expires May 15, 2011
s
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101Q~~Y -2 P~f 2~ 5
CV~Y~t.~ ~~ 1 "' S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK NATIONAL ASSOCIATION,
as successor trustee to BANK OF
AMERICA, N.A., as successor by merger to
LASALLE BANK NATIONAL
ASSOCIATION, as Trustee for FIRST
FRANKLIN MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED
CIVIL DIVISION
NO. 10-1855
PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
CERTIFICATES, SERIES 2007-FF1,
Plaintiff,
vs.
KENnNETH S. ROCHKIND, SR.,
~v
$a~. oo ~ ~ ,aT'ry
38•~O C$F Defendant.
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l~.oo ••
~. so ~•
$1'7o.Ao - Pp ArN
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Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
p~Y~
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti and Vitti and Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA, N.A., as successor by merger to LASALLE BANK
NATIONAL ASSOCIATION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, NO: 10-1855
Plaintiff,
vs .
KENNETH S. ROCHKiND, SR.,
Defendant.
PRAECIPE FOR WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the
above-captioned matter as follows:
Amount Due $132,681.67
Interest 05/08/10-09/08/10 2,682.71
Total $135.364.38
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
in:
South Middleton Township, Cty of Cumberland & Cmwlth of PA. HET a one story ranch. dwg house and
detached garage. Parcel No. 40-24-0752-025. _
/-- --,
Louis P. Vitti, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA, N.A., as successor by merger to LASALLE BANK
NATIONAL ASSOCIATION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, NO: 10-1855
Plaintiff, :
vs
KENNETH S. ROCHKIND, SR.,
Defendant.
AFFIDAVIT
I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief,
the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the
Defendants' last known address is 1312 Somerset Court, New Windsor, MD 21776.
_~ ,) ,
/f ~~ i~~ ~~ ~~~ ,
Louis P. Vitti, Esquire
SWORN TO and subscribed
before me this 7th day of
May, 2010.
~~
f ~/ l /
Notary Public ~ ---~''
NOTARIAL SEAL
SHERRY L HOUSE
Notary Public
CITY OF PITTSBURGH, ALLEGHENY COUNTY
My Commission Expires May 15, 2011
..
r
~` IN TI-~ COURT Off' CON~hON PLEAS OF CUMBE,Rr,fu~ID COUN'T'Y, PENNNSYLVANIA
-- CIVIL DIVISION --- - -- - - -- - - -
PRT~~IPE F'OR WRIT OF I~C[JTION ~ o
.~T ~ q
BANK NATIONAL ASSOCIATION, as successor trustee to BANK
J
S _,. ~., ~ ~
.
.
as successor by merger to LASALLE BANK ) Conzessed Judgr~nt
N.A.
~F AMERICA ~
`. r-'_=
,
,
as Trustee for FIRST FRANKLIN
NATIONAL ASSOCIATION - ?~ r
,
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED ) Other ~ a,,,-~ ~ ~`-r'_.:>
CERTIFICATES, SERIES 2007-FF 1,
~ ~;~ Ci =~' ~4
Plaintiff, File [~ . ~~ ~ ~~ j ~ ~ my ;,~
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vs Arroun t Due
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,
. .~
KENNETH S. ROCHKIND, SR., Interest ~ ~ (~~.~ ~~
Defendant•
t ty' s Corm
Costs
I'0 TI-~ PF~J'IHON~I'ARY OF TI-IE. SAID COURT:
The unde_*-signed hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate or~.ginal proceeding filed pursuant to Act 7 of 1966 as
ar~.nded; and for real property pursuant to r~ct 6 of 1974 as amended_
Issue Fr ~' t of exeo,.~tion in the above rr~tter to the Sheriff of
~fm~i ~-~C~I-~G+~
_
County, for debt, interest and costs u_ron the following described property of the
defendant (s ). ~ ILQP ~'l> /'~.~Q~ l(~~P~~ ~~'C1/1/I~ ~~/X~-
PRAECIPE FOR AZTAG4~T ~ZTIrION
Issue writ of attacl-~ment to the Sherff of County, for debt,
interest and costs, as above, directinc atta~~.rn°nt against the above-Haired ga_Tnishee(s) for
the following property (if real estate, supoly six copies of the desct-~.ption; suaply four
ccaies of lengthy pe~~-sonalty Lst) -
and a~ ]_ othe.T pro~rty of the defendant(__) i n the possession, custody or can~~-ol of the
said aarnishe~(s).
.(Indicate) Index this writ acai^st the c~-nishee(s) as a i ~ s pendens against
real estate of the defendant(s) described in the attached exhibit.
~ _ :__~ .
DATc : ~r 7 / U Signature : '
- Print Ivarne : ~ , / 1
.~^ are s s : _ ~~~ ~ ~~~~L h ~f'(/ ~J/~' p ,
~- ~~
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IN THF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
KEYBOARD(Please email a copy of legal to cbrewbaker@ccpa.net)
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA; N.A., as successor by merger to LASALLE BANK
NATIONAL ASSOCIA'T'ION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, NO: 10-1855
Plaintiff,
vs
KENNETH S. ROCHKIND, SR.,
LEGAL DESCRIPTION
Defendant.
ALL that certain lot of ground situate in South Middleton Township, County of Cumberland and State of
Pennsylvania, bounded and described as follows:
BEGINNING at an iron pipe on the South side of the Bonnybrook Road, this pipe is located three hundred
eighty-three (383) feet West of the corner of lands now or formerly of Helen R. Trego and Charles C.
Weidner, et ux; thence by the South side of the Bonnybrook Road North seventy-seven degrees West (N
77° ~') one hundred (100) feet to an iron pipe; thence along lands now or formerly of Charles C. Weidner,
et ux; South thirteen degrees West (S li ° W) two hundred (200) feet to an iron pipe; thence South
seventy-seven degrees East (S 77° E) one hundred (100) feet to an iron pipe; thence along lands now or
formerly of Charles C. Weidner, et ux, North thirteen degrees East (N 13 ° E) two hundred @00) feet to
an iron pipe on the South side of the Bonnybrook Road and the place of beginning.
HAVING erected thereon a one story ranch type dwelling house of frame construction and a detached
garage.
KNOWN as and numbered 60 Bonnybrook Road, Carlisle, Pennsylvania 17013
PARCEL N0.40-24-0752-025
BElIv G the same premises which Tanya N. Matthews, single woman, by Deed dated November 30, 2006
and recorded 12/14/2006 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book
Volume 277, Page 4908, granted and conveyed unto Kenneth S. Rochkind, Sr., an Adult Individual.
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1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA NIA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA, N.A., as successor by merger to LASALLE BANK
NATIONAL ASSOCIATION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FF1, NO: 10-1855
Plaintiff, :
vs
KENNETH S. ROCHKIND, SR.,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129 1
U.S. Bank National Association, et al, Plaintiff in the above action, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property located at 60
Bonnybrook Road, Carlisle, PA 17013.
1. Name and address of Owner(s) or Reputed Owner(s):
Name:
Address (Please indicate if this
cannot be reasonably ascertained)
Kenneth S. Rochkind, Sr. 1312 Somerset Court
New Windsor, MD 21776
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name:
Address (Please indicate if this
cannot be reasonably ascertained)
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Name
Baltimore American Mortgage Corporation
Wells Fargo Home Mortgage, Inc.
Mortgage Electronic Registration Systems, Inc
as nominee for First Franklin
Address (Please indicate if this
cannot be reasonably ascertained)
7484 Candlewood Road, Ste B-J
Hanover, MD 21016
800 LaSalle Avenue, Ste 1000
Mineapolis, Minnesota 55402
2150 North First Street
San Jose, CA 95131
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name
Tax Collector of South Middletown Township
South Middleton Municipal Authority
Pennsylvania Department of Revenue
Address (Please indicate if this
cannot be reasonably ascertained)
20 Bucakthorn Drive
Carlisle, PA 17013
P.O. BOX 8
Boiling Springs, PA 17007
Office of Chief Counsel
PO BOX 281061
Harrisburg, PA 17128
*.
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
Court of Common Pleas of
Cumberland County
Domestic Relations Division
PA Dept. of Sheriff Sales
Bureau of Compliance
Tenant/Occupant
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
One Courthouse Square
Carlisle, PA 17013
P.O. Box 320
Carlisle, PA 17013
Dept. #281230
Harrisburg, PA 17128-1230
60 Bonnybrook Road
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
May 7.2010
Date
SWORN TO and subscribed
before me this 7th day
of May, 2010.
.%'
Louis P. Vitti, Esquire
Attorney for Plaintiff
~''~ "~ / ~ NOTARIAL SEAL
SHERRY L HOUSE
Notary Public -- Notary P~bllc
CITY OF PITTSBURGH, ALLEGHENY COUNTY
','v Commission Expires May 15, 2011
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1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION, as successor trustee to BANK
OF AMERICA, N.A., as successor by merger to LASALLE BANK
NATIONAL ASSOCIATION, as Trustee for FIRST FRANKLIN
MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FFI, NO: 10-1855
Plaintiff, :
vs
KENNETH S. ROCHKIND, SR.,
Defendant.
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of U.S. Bank National Association, et al, am
familiar with the above-captioned case and various servicing activities related thereto and that the
provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been
complied with in the above-captioned case.
~--
U
Louis P. Vitti, `>~squire
Attorney for Plaintiff
SWORN to and subscribed
before me this 7th day
of May, 2010.
NOTARIAL SEAL
~ SHERRY L HOUSE
~~ ~ ,~ ~ , ~ ~ Notary Public
CITY OF PITTSBURGH, ALLEGHENY COUNTY
Notary Public;' --~ My Commisslon Expires May r 5, 2012
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NOTICE OF SHERIFF'S SALE~'i~~~.:
REAL ESTATE PURSUANT TO ~~;`e!'y,^~~,r''L~-,n,,i ~'JiV',''}i'
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Kenneth S. Rochkind, Sr.
1312 Somerset Road
New Windsor, MD 17013
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse on September S, 2010 at 10:00 A.M., the
following described real estate, of which Kenneth S. Rochkind, Sr. are owners or reputed owners:
South Middleton Township, Cty of Cumberland & Cmwlth of PA. HET a one story ranch dwg house and
detached garage. Parcel No. 40-24-0752-025.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of U.S.
Bank National Association, et al vs. Kenneth S. Rochkind, Sr. at 10-1855 in the amount of $132,681.67.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal rights to prevent your property from
being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights
you must act promptly.
h
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717} 249-3166
You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20} days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid return
of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you would have to file a petition to strike
the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff s
Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly
inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a
petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The
Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date
when the Schedule of Distribution is filed in the Office of the Sheriff.
~_~
~, ,~
Louis P. Vitti, Fsquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPERTY.**
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-1855 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as successor
trustee to BANK OF AMERICA, N.A., as successor by merger to LASALLE BANK NATIONAL
ASSOCIATION, as Trustee for FIRST FRANKLIN MORTGAGE LOAN TURST, MORTGAGE
LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-FF1, Plaintiff (s)
From KENNETH S. ROCHKIND, SR.
(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
GARNISHEES} 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 $132,681.67 L.L.$.50
Interest from 5/8/10 - 9/8/10 -- $2,682.71
Atty's Comm % Due Prothy $2.00
Atty Paid $170.90 Other Costs
Plaintiff Paid
Date: 5/12/10 ~
David D. Buell, rothonotary
(Seal) gy,
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: VITTI AND VITTI AND ASSOC, PC
916 FIFTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone; 412-281-1725
Supreme Court ID No. 01072