Loading...
HomeMy WebLinkAbout10-2186UDREN LAW OFFICES, P.C. ATTORNE FOR PLAINTIFF '_? J. UDREN, ESQUIRE - ID #04302 L _ STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARXEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 n -; MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 C) 856-669-5400 -*= - pleadings@udren.com V Wells Fargo Bank, N.A., as :COURT OF COMMON LEAS Trustee for the Asset Backed =CIVIL DIVISION Funding Corporation Asset- Backed Certificates, Series :Cumberland Count 2007-NC1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Kenneth Randolph, Jr. Vivian L. Randolph NO . l0 - oZ I Sao lvt (?tM 2735 Ritner Highway Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defe nd against the claims set forth in the following pages, you mus t take action within twenty (20) days after this Complaint and Not ice are served, by entering a written appearance personally or b attorney and filing in writing with the Court your defenses or ob jections 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 j dgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other c laim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF O *qa.oo P13 ATN P,a39?oly YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR O FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 E? AVISO Le han demandado a usted en la corte. Si usted q de estas demandas expuestas en las paginas siguien veinte (20) dias de plazo al partir de la fecha de notificacion. Hace falta ascentar una comparenc persona o con un abogado y entregar a la corte en f defensas o sus objeciones a las demandas en contri Sea avisado que si usted no se dafiende, la corte puede continuar la demanda en contra suya sin notificacion. Ademas, la corte puede decidi demandante y requiere que usted cumpla con todas la esta demanda. Usted puede perder dinero o sus pro] derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL PERSONA 0 LLAME POR TELEFONO A LA OFICINA CU ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 iere defenderse es, usted tiene la demanda y la a escrita o en ,rma escrita sus de su persona. omara medidas y Drevio aviso o a favor del provisiones de iedades u otros TIENE ABOGADO ICIO, VAYA EN DIRECCION SE CDE CONSEGUIR r NOTICE The amount of your debt is as stated in the attached document. to whom the debt is owed is as named in the attached document. U 30 days after receipt of this Notice and the attached document that the debt, or any portion of it, is disputed, we will assume that the debt is us in writing of a dispute within the 30 day period, we will obtain a copy of a judgment against you, and mail it to you. If you do not an admission of liability on your part. Also, upon your written ri period, we will provide you with the name and address of the original the current creditor. If you notify us in writing within the 30 day period as stated above, of your debt, or any disputed portion of it, until we obtain the and mail it to you. Once we have mailed to you the required continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the an attempt to collect a debt, and any information obtained will be used UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 name of the creditor you notify us within validity of the stated lid. If you do notify cation of the debt or ate the debt, it is not st within the 30 day itor if different from will cease collection tion that is required iation, we will then ttached document is for that purpose. e 1. Plaintiff is the Corporation designated ias such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designate as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing o the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 2735 Ritner Highway MUNICIPALITY/TOWNSHIP/BOROUGH: West Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 2/6/07 DATE RECORDED: 3/13/07 BOOK: 1984 PAGE: 4882 The legal description of the mortgaged premises is ttached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charge authorized by said Mortgage itemized below, shall be immediate) due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; V (b) by failing or refusing to pay other c indicated below. 6. The following amounts are due on the sai 3/29/10: Principal of debt due Unpaid Interest at 7.5% from 12/1/08.to 3/29/10 (the per diem interest accruing on this debt is $73.81 and that sum should be added each day after 3/29/10) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of $127.69 should be added in accordance with the terms of the note each month after 3/29/10) Corporate Advance NSF Fees Attorneys Fees (anticipated and actual to 5s of principal) TOTAL s, if any, Mortgage as of $359,187.11 35,995.47 325.00 280.00 1,796.78 424.50 50.00 17,959.36 $416,018.22 7. The attorney' s fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff' Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and reg lar mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, i rem, against the Defendant(s) herein in the sum of $416,018.22 plus interest, costs and attorneys fees as more fully set forth i the Complaint, and for foreclosure and sale of the Mortgaged prem'ses. LAW OFFICES, P.C. X-rZffHe* for P aintiff MARK J. UDREN, SQUIRE STUART WINNEG, SQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKE , ESQUIRE LOUIS A. SIMONI ESQUIRE ADAM L. KAYES, SQUIRE MARGUERITE L. T OMAS, ESQUIRE P Ali. V* certain parcel of Inc and Orn3roves ono eheremn situate .r the TYwnstrip & West Denis art, Ccmrv of "kv dmmC9ba6 ? s Exnarl rVarr d lk!mth 73. 499E and recbMeo March '".- -1 WE in Cuenwriand C vm- ifi ®e.-d ftok 33.17, gage 11, X granted co,%"yed .. asks Kemettt Rwzot;„k,, 4w and vit9ar, =. Rand h. n-nbsnd and w0e. C, r, Litton Loan Servicing LP P.O. Box 4010 PRESORT Temecuic CFA 925 9010 U,,S8 ostag, Postag Meld e and w id 1111111111111111111 Fees Pa send Payments To- 7113 8257 1473 7652 1907 Litton Loan Servicing LP Atin; Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 Send Correspondence To: Litton Loan Servicing LP lu?llln?ll{??????II?I?I?LI???6?L?LIL?6??II?J?E,JOE I Attu; Customer Assistance Response Team 4828 Loop Car** Drive KENNETH RANDOLPH Houston. TX 77081 VIVIAN RANDOLPH 2735 RITNER HWY CARLISLE, PA 17715 ??21 20091117m80 DMDACT BIT L 115&V14 0 *µ utton Loan Servicing" 4828 Loop Cent 77091 Houston. TX 77081 Telephone (800) 999-8501 Fax (713) 966-8906 wwrw.littonloan.c m Sent Via Certified Mail Hours of Operation (CST) 7113 6257 1473 7652 1907 Mon.:. 8 am. - 8 p.m. Tue. - Thurs.: 8 am. - 10 pm. 11/161009 Fri.: 9 am.. 5 p.m. Sat.: 8 am. - 12 p.m. Sun.: 10 am. -2 p.m. KENNETH RANDOLPH VIVIAN RANDOLPH 2735 RITNER HV4'Y CARLISLE. PA 1701 ACT 91 NOTICE TAB ACTION TO SAVE YOUR HOME FROM F 0X"%ECL0SU RE BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES QNLT"ND IS NOT A N 2800,0032,001708100007 71 3 b257 1473 7652 1907 at (800) 342-2397 (]Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions. reprm tins at the Consumer Credit Counseling Agency may be able to help explain it. You may also t to contact an attorney in your area. The local bar association may be able to help you find a lawyer LITTON LOAN SERVICING: LP IS A DEBT COLLECTOR.. THIS IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOS . IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A AT"CEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. t, LA NOTIFICAM. N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFEC' CONTINUAR VIVIENDO EAT SU C'ASA. St NO C'OMPRENDE EL CONTENIDO NOTIFICACON OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRMA "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL I SALVAR SIT CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTEt HOMEOWNER'S NAME(S): Kenneth Randolph Vivian Randolph PROPERT'Y ADDRESS: 2735 Ritner Highway Carlisle, PA 1741.3 LOAN ACCT. NO,: 1.91457% ORIGINAL LENDER: Contact Litton Loan Servicing LP CURRENT LENDERNSERVICER: Litton. Loan Servicing LP HOMEOWNER'S EMERGENCY ]MORTGAGE ASSISTANCE IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S El ASSISTANCE ACT OF 1953 (THE "ACT"), YOU MAY BE ELIGIBLE FOR ASSISTANCE; • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYC • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY RE¢UIREIIIENTS ESTABLISHED PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tern on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for you must arrange and attend a "face-to. face" meeting with one of the consumer credit crn the end of this Notice. THIS14LEETING MITST OCCrrrt wi'f u TnuD m,_-qv - CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the co agencies fisted at the end of this Notice, the lender may NOT tale action against you for date of this meeting. The names. addresses and telephone num ers of desi e d a tmetz schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the in this Notice (see following pages for specific information about the nature of your default). apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Progi fili out. sign and file a completed Homeowner's Emergency Assistance Program Application designated consumer credit counseling agencies listed at the end of this Notice. Only consur agencies have applications for the program, and they will assist you in submitting a complete Pennsylvania Housing Finance Agency. To temporarily stop the tender from filing a forecio application MUST be forwarded to PHFA and received within thirty (30) days of your face-t counseling agency. A SIT DERECHO A >E ESTA QDO ESTA AGENCLA PUEDE PROGRAM SOUR HOME FROM k7MENTS. 1VCY MORTGAGE 3ENC"Y MORTGAGE D YOUR CONTROL. OUR MORTGAGE RY THE ary stay of foreclosure Cling). During that time tiling agencies listed at r credit counseling (30) days after the It is only necessary to reasons set forth later You have the right to un. To do so, you must with one of the ter credit counseling application to the ure action. your Mace meeting with the YOUSHOULD FALEA HEMAPAPPIICA'TIONASSOONAS MWBLE. IF YOt ` PEA MEETING WITHA COUNSELING AGENCY 97THIN 33 DAYS Of' THE POSTM,ARS DATE F THIS NOTICE AND FILE A.?YAPPLICATION *7THPHFA *777LL+Y 30 DAYS OF THAT MEETING N THE LENDER WILL BETEMPO-k RILYPREVE.N7FDFR0MSTARTINGAFOREGLOSI7REAGAINS YOU-RPROPERTY AS EXPLAVVED ABOEF, IN THE SECTION CALLED "TEMPOR,4RYSTAY OF FO , CLOSURE" YOU HATIE THE RIGHT TO FILE A HEAMP APPLhi ATION EDEN BEYOND TH SE 17ME PERIODS A LATEAPPLICATION R'ILL .NOT PREVENT THE LENDER FROM STAR77NGA 1 0RECLOSURE ACHOA,BUTIFYOURAPPIICATIONISEFWNTU:ALLYAPPROYEDATANY' EBEFOREA SHERIFF'S SALE, THE FORECIOSEWE WILL BE STOPPED. AG?_A TION - Available funds for emergency mortgage assistance are vary limit They urill be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Ho i ing Finance Agency has s xty (60) days to make a decision after it receives your application. During that time, no will be pursued against you if ou have met th ti i reclosure proceedings y e me requ rements set forth above. You wi the Pennsylvania Housing Finance Agency of its decision on your application. ll be notified directly by NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF, L PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFO TION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO CO ECT THE DEBT (H you have Mod bankruptcy, you can still apply for Emergency Mortg , Assistance.) HOW TO CURE YOUR MORTGAGE DEFAUT Brie it a to date NATURE OF TIIE DEFAULT - The MORTGAGE debt held by the above lender on yo property located at: 21735 Ritner Highway Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follouring m onths and the follouring amounts are now past due: 1,1 ,'2009 through 11' 1 j'2009 totaling $28,274.23 Other ebarges (itemized): Late charges: g1 541.36 NSF charges: 5150.00 Outstanding legal fees and casts: 50.00 Broker Price Opinion fees: S 230.00 inspection fees: 9.50 TOTAL AMOUNT FAST DUE: S30, 145.09 B. YOU HAVE FAILED TO TAKE THE FOLLO)XgNG ACTION: Cure the default. HOW TO CURE 'rU nccF UI T - You may cure the default within THIRTY (30) DAY BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LEND of the date of this notice ER, WHICH IS S30 MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DU 145.09 PLUS ANY RING Tl PERIOD. Payments must he made either by cash cashier's check certified check-, or mone IE THIRTY (30) DAY order made payable and sent to: Litton Loan Servicing LP Attention: Cash Management Department P.©, Box 4387 Houston, TX 77210-4387 2800,0032,001700100007 711 i I 6257 1473 7652 1907 IF VOtT DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the tender intends to exercise its rights, to accelerate the mort a debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAY'S. the lender also intends to instruct its attorneys to start legal action to roe . 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 requited to pay the reasonable attort ey's fees that were actually incurred, up to 550.00. However, if legal proceedings are started against you, yo% will have to pay all reasonable attorneys' fees actually incurred by the lender even ifthey exceed $50.00. attamev's axes will be added to the amount you owe the lender. which may also include other reasonable costs.. core the default OTHER LENDER REMEDIES - The lender may also sue you personally, for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY. period and foreclos re proceedings have begun, u still have the right to cure the default reforming any other r „remente undo the mortgage. Curing your default in the maQ er set forth in this notice will restore vonr mortgage to the same position as if von had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date hat such Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the dat of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course. the arn aunt needed to cure the default will increase the longer you wait. You may find out at any time exactly what the aired pavment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- Name of Lender LITTON LOAN SERIMING LP Address: 4828 Loop Central Drive, Houston, TX 77081 Pbone Number- (900) "9-8501 Fax Nber. ((70) X66-81116 Contact Person: Default Administration Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ship of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could he started by the lender at any time. ASSUIl1 PTION OF MORTGAGE -You _mayor X may not (CHECK. ONE) :sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding p ryments. charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of them gage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY'' TO PAY OFF THE MORT GAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY O THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON OUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF O DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT CURE YOUR DEFAULT MORE THAN THREE (3) TMIE S IN ANY GALE AVE THIS RIGHT TO . AR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FOREC:LOS PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE D(XVM NT1 • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TC LENDER • TO SEED, PROTECTION UNDER THE FEDERAL BANIRUPTCY LA's'. CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY ?alL ?,ax Adams County Interfaith Housing Authority 40 E High Street Gettysburg . PA 17325 717.334.1518 CCCS of Western PA 2000 Ungtestown Road Harrisburg, PA 17102 888 511.2227 Community Action Commission of Capital Region 1514 perry Street Harristxrg, PA 17104 717.232.9757 Meranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717,752 3285 2800,0032,091708100007 PHFA 211 North Front Street Hamsdxg, PA 17110 717,780,3940 800.342.2397 7113 ACTION Bl' THE eship, Inc. 0 North SM Street nstxrg, PA 17110 .232.2207 6257 1473 7652 1407 V V E R I F I C A T I O N The undersigned, hereby states that he/she is the Plaintiff, a corporation unless designated he/she is authorized to make this Verification and of the exigencies regarding this matter, and becai verify much of the information through agents, a has personal knowledge of some of the facts the attorney for otherwise; that does so because Plaintiff must because he/she verred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his info ation is public records and reports of Plaintiff's agents. he undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relati g to unsworn falsification to authorities. UDRENJ?It OFFIdES B Attorney or Plaintiff MARK J. UDREN, SQUIRE STUART W,NNEG, SQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKE , ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, SQUIRE MARGUERITE L. THOMAS, ESQUIRE ~ } Houston, TX 77081 Plaintiff v. Kenneth Randolph, Jr. €NO. 10-2186 Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 Defendant(s) ATTORNEY FOR PLAINTIFF (r' ~_' ,,- T~ _ ,~.,Y. Zolo ~~t, ~, pm ~ ~5~' ~`~~ti 1',,~ k ;~. t -~'`;~ e s Fargo Bank, N.A., as Trustee for :COURT OF COMMON PLEAS the Asset Backed Funding Coproration 'CIVIL DIVISION Asset-Backed Certificates, Series :Cumberland County 2007-NC1 4828 Loop Central Drive :MORTGAGE FORECLOSURE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com w 11 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Kenneth Randolph, Jr. and Vivian L. Randolph for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $416,018.22 Interest Per Complaint 8,266.72 From 3/30/10 to 7/19/10 Late charges per Complaint 510.76 From 3/30/10 to 7/19/10 TOTAL X424,795.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. DAMAGES ARE HEREBY ASSESSED AS DATE : 7/a~lro LAW,O P.C. BY : -~ Attorneys for.,__P intiff MARK J . UDREN, ESQUIRE ~~ ~ PQ pny STUART WINNEG, ESQUIRE ~ ~~~~ LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE ~ ay~,~~r CHANDRA M . ARKEMA, ESQUIRE ~.~.~~ CQ IND ED OTHY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQIIIRE - ID #04302 STIIART WINNSG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARKEMA, ESQIIIRE - ID #203437 LOIII5 A. SIMONI, ESQIIIRE - ID #200869 ADAM L. KAYES, ESQIIIRE - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003 856-669-5400 #~~ 0~'~O~i92-~ Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Co roration Asset-Backed Certificates, ~eries 2007- NC1 Plaintiff v. Kenneth Randolph, Jr. Vivian L. RandoDefendant(s) TO: Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 Date of Notice: June 25, 2010 IMPORTANT NOTICE ATTORNEYf FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2186 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 .717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE Pl~JEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PIIRSIIANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO SE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE IIS~$D FOR TF~AT PIIRPOSE. LORRAINE~ DOYLE°, ESQUIRE ALAN M. MINATO ESQUIRE CHANDRA M. ARKENfA, ESQUIRE LOUIS A. SIMONI, ES UIRE ADAM L. KAYES, ESQ IRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest road, Suite 200 Cherry Hill, New Jersey 08003-3620 IIDREN LAW OFFICES, P.C. MARK J. UDREN, ESQIIIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CI3ANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQIIIRE - ID #200869 ADAM L. KAYES, ESQIIIRE - ID #86408 MARGIIERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007- NC1 Plaintiff v. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) TO: Kenneth Randolph, Jr. 112 Breezewood Drive Greenville, NC 27858 Date of Notice: June 25, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2186 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE NECES DADODEECOMPARARECERIUSTED ENTCORTEIOIESCUONHAREPREUBA ALGUNAD DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO~, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICB: PIIRSIIANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE ~T.,SED FOR THAT PURPOSE. ALAN M. MINATO ESQUIRE CHANDRA M. ARKENfA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARREMA, ESQU; - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset- Backed Certificates, Series 2007-NCl Plaintiff v. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-2186 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Defendant: Age: Residence: Employment: Kenneth Randolph, Jr. Over 18 As captioned above Unknown Vivian L. Randolph Over 18 As captioned abov Unknown Sworn to and subscribed before me- this 21ST day of JULY, 2010, ~"'~a~,,,~--- Title : AT~Z3RI~~3~.,FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. Nbt~ry C~ugit~~ ~- Ganur~sion flies 10I15Jmt3 1 ,~ 1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 200'7-NC1 :MORTGAGE FORECLOSURE Plaintiff v. 9 Kenneth Randolph, Jr. Vivian L. Randolph =NO. 10-2186 Defendant (s ) TO: Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 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. P onotary X Judgment by Default Money Judgment ,~ l~/~ Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Interest From 7 20 10 to Date of Sale December 8, 2010 Ongoing Per Diem of 73.81 to actual date of sale including if sale is held at a later date Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- =Cumberland County Backed Certificates, Series 2007-NC1 =MORTGAGE FORECLOSURE Plaintiff v. i Kenneth Randolph, Jr. NO. 10-2186 Vivian L. Randolph Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $g~.po PLC ATt'Y 5q.~fo QB~' q~.00 a.5o " # 191.Ro - Po A`nN ~ a.oo ~~ •sa ~.~., ~~ ~~~~9 e~ ays~t9 (Costs to be added) ATTORNEY FOR PLAINTIFF v c-v, i ;.. - -o _, -. _ ;, ~ ~._ _, .,. _.._ .. ~ E-. -. $424,795.70 10,481.02 UDREN ES, P.C. BY: s fob Plaintiff MARK J. UD QUIRE STUART WINNEG,~ IRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE RE Ltl~.il~yg~~ UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NCl €MORTGAGE FORECLOSURE Plaintiff v. Kenneth Randolph, Jr. '_NO. 10-2186 Vivian L. Randolph Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): A. Resident in the Commonwealth of Pennsylvania X B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY : r-------- Attorn~~rs--€~ aintiff MARK J. UDREN, RS STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as ':.COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 :MORTGAGE FORECLOSURE Plaintiff v. Kenneth Randolph, Jr. €NO. 10-2186 Vivian L. Randolph Defendant (s) C E R T I F I C A T E C-~ ^' r :, - __ ~ ~ ~ ~ - --~ __. _. ~ ; _, _ ; V ~~ -~ C• ,J I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: rneys for Plaintiff MARK J. UIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID # 45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County ,, Backed Certificates, Series ,, n ~ ~.' 2 0 0 7 -NC1 MORTGAGE FORECLOSURE ~ ' ° ~ ~-- ~ -~ Plaintiff r: ~, . r`~ -~-~ l v. t~~.~ ii '- Kenneth Randolph, Jr. NO. 10-2186 -° "` 3~ Vivian L. Randolph Defendant (s ) • . -' ^' ~~ ~ - .J ~ f I , AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007-NC1, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kenneth Randolph, Jr. Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 112 Breezewood Drive Greenville, NC 27858 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Unemployment Compensation Fund 16th Floor, L&I Building Harrisburg, PA 17121 Breneman Company 3642 Blue Rock Road Lancaster, PA 17603 4. Name and address of the last recorded holder of every mortgage of record Name Address Wells Fargo Bank, N.A., as 4828 Loop Central Drive Trustee for the Asset Backed Houston, TX 77081 Funding Coproration Asset-Backed Certificates, Series 2007-NC1 Farmers Trust Co. Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address 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: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlise, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlise, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address Tenants/Occupants 2735 Ritner Highway (West Pennsboro Township) 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. sec. 4904 relating to unsworn falsification to authorities. DATED: July 21, 2010 UD_R-EN--L~--IIFFICES;~-P~,C . ~„__--- ~BY : ~r> Attorneys for Plaintiff MARK J . UDRE13; '-~SQ~IRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 MORTGAGE FORECLOSURE (`~ '~ Plaintiff r - ~.~ -~ v . ~, _s. o _~t f Kenneth Randolph, Jr. NO. 10-2186 `_ r;1__~; ; ~`~~ -' Vivian L. Randolph ~- : ~ , - - ,. , Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~-,' ~' TO: Kenneth Randolph, Jr. 112 Breezewood Drive Greenville, NC 27858 Your house (real estate) at 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $424,795.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOII DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GST LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDRENr ESQUIRE - ID # 04302 STUART WINNEG, ESQUIRE - ID # 45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Wells Fargo Bank, N.A., as COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series C? ~ _; 2007-NCl :MORTGAGE FORECLOSURE ~` ° ~ Plaintiff ~`~~ ~~~ t'' -~' v. ~- - e-~ Kenneth Randolph, Jr. ENO. 10-2186 _ Vivian L. Randolph - De f endant (s ) - ~_ - 1i ~'` - _ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 Your house (real estate) at 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $424,795.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) M YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOII SHOVED TARE THIS PAPER TO YOIIR LAWYER AT ONCE. IF YOII DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OIIT WHERE YOII CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2186 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as Trustee for the ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2007-NC1, Plaintiff (s) From KENNETH RANDOLPH, JR & VIVIAN L. RANDOLPH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $424,795.70 L.L.$.50 Interest from 7/20/10 to 12/8/10 Ongoing per diem of $73.81 to actual date of sale including if sale is held at a later date --$10,481.02 Atty's Comm Atty Paid $191.90 Plaintiff Paid Date: 7/26/10 (Seat) Due Prothy $2.00 Other Costs David D. Buell, Pr thonotary By: REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST RD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Deputy Supreme Court ID No. 75860 4 UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 FOR PLAINTIFF Wells Fargo Bank, N.A., as ECOURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 Plaintiff €NO. 10-2186 v. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: ~~ .a -r~ _:s:. a --a ° ~.. -~~ ;:.: t;:.~ -r; a ~ -° ~~~ .. ~ ~. ,:~ a Kindly file the attached Proofs of Service with regard to the captioned matter. Date: October 29, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys f n iff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE . ,,~ ~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNSG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Corporation Asset- :Cumberland County Backed Certificates, Series 2007-NG1 Plaintiff NO. 10-2186 v. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT ~-~ ' ' ,-~ 4~ f - ° ~ q~J --~.. L'..3 `-'~ e ~ ~ F~ " +`~ ~~.~ ,.fir; r,~ r..r~~ ~: ~ ..x r `~~ ~ ~~~ ° ~ - T- ...,~, ,. _. Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Notice of Sale upon Defendant(s), Vivian L. Randolph by regular mail and certified mail and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at 112 Breezewood Drive Apt. E Greenville, NC 27858. A copy of the Return of Service is attached hereto as Exhibit A. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. . ~. . 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant(s) is as set forth in the attached Exhibits. 5. A Judge has not ruled upon any other issue in this or a related matter, and there is no other issue before a Judge to be ruled upon. 6. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sale by regular mail and certified mail upon said Defendant(s), Vivian L. Randolph. UDRE LAW OFF S, P.C. BY : ~ ~/'~ Attorneys for Pl ntiff MARK J. UDREN, E UIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE .. .Vcilc FAr~o Batilt, NA a9 Tru.4lec, et al„ Piainttff(s) ~. {eaneth 1{araeioiph.3r., et al., Defcnda~t!(c) T 7800 Gienrop Road ~~ _ r' 1~iianeapalis, DtA 55439.3122 A1'S Fan #: 107384-t1401 i'"^-"` •~. APS ~ntern$tional, Ltd. `' Y-800-328-71.71 LIPS laternsitiooat Pima j _ AFFII)AV~T OF DUE A,ND DILIGENT ATTEMPT I - - - . 5t:rvice of Procc~s an: L'D3tEi4 LAW OFFICES --Vivian 1.. Ttandoiph i-is. Aenni Crommarty Court Cflse Pte. 10-2386 ~ t t 1. woodcrext itet., Sta t00 f Cherry Hiil, ~J 48403.3620 ~ f Custorttcr F'iie: 1043039-t - County of:~•`y_~n}~ Q ) Name of Server: p, ~i o ,undersigned, being du15' sworn, deposes and says that at sil tirrtes mentioned herein, slhe was of Icgal age and was not a. party to this action; Documents Screed: die undersigned attempted to serve the documents described as: Notice: of Sheriffs Sales of Reul Property Service e3f Proc*rts on: The undersigned attempted to serve the documents on Vivian L. tt'tandMpit and after due and diligent efforts, was unable to effect service. Attempts: ..The following is a list of the attempts made to effect service:~11 Dwtcsll'imNAddres..iticmpicd: i iZ BreerxWn ~D ve, Greenville, nC Zy858 O +~a„e~ p~ . e~~ i ©© eat : ,~,~ Rcawnfor\on-Strvice:~,1p•~ M~a"t~ t-1 .f ~,~~,~, ~y~e~„'~6yl...n_. 4ZQ,n,~,~nt~,. tJatexlf'imcfAddrees Aterntpted: Reasaa for ion-Se:rviee: nate~'7'ienclAddreas Attempttd: Rene0u for f+oti~ServieC (.7 Based upon the above stated facts, Affiant bcl ieves file defendant is avoiding service. Signature of Server: Undersigned declares under penrtlty of pcrjttry Subscribed and stvortt to bcfnre me this >:h t the foregoing is true and wrrect, ~(o+~ day of D L~ 6c,r , 20 I ea Signsuatrc o Server :v'otary Public (f..ommissian Etpire-t) L,; So•.O.~Ac'~•+~tt. ~°`V It3 ~ a.o t.S APS International, l,td. ~XMIBIT A Service of Process ~}~ . }.r,, `~ Page 1 of 2 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 1,0030392-1 Attorney Firm: Mark J Udren 8~ Associates Case Number: Subject: Vivian Randolph A.K.A: Vivian L Davis, Vivian Randolph Property Address: 2735 Ritner Highway Carlisle, PA 17015 Last Known Address: 112 Breezewood Drive, #E Greenville, NC 27858 Sandra ICrekeler, being duly sworn according to law, deposes and says: 1. 1 am employed in the capacity of Location Specialist for Players National Locator. 2. On October 27, 2010 I conducted an investigation into the whereabouts of the above named defendant(s}. The results of my investigation are as foNows: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER(S): 209-58-~oooc B. EMPLOYMENT SEARCH: We were unable to verify current employment for Vivian Randolph. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for VNian Randolph is 112 Breezewood Drive, #E, Greenville, NC 27858 with no valid home number. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH: Directory assistance does not have a listing for Vivian Randolph. INQUIRY OF NEIGHBORS We contacted (717) 258-6655, registered at 2726 Ritner Highway, Carlisle, PA 17015 and spoke with a neighbor who stated Vivian Randolph moved from 2735 Ritner Highway, Carlisle, PA 17015. We also contacted (252} 353-5007, registered at 112 Breezewood Drive, #A, Greenville, NC 27858, who stated Vivian is living at 112 Breezewood Drive, #E, Greenville, NC 27858. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of October 27, 2010 the National Change of Address (NCOA) has no change for Vivian Randolph from 112 Breezewood Drive, #E, Greenville, NC 27858. MOTOR VEHICLE REGISTRATION EXHIBIT B A. MOTOR VEHICLE & DMV OFFICE: Page 2 of 2 We were unable to verify current drivers license information for Vivian Randolph. OTHER INQUIRIES A. DEATH RECORDS: As of October 27, 2010, the Social Security Administration has no death record on file for Vivian Randolph and/or A. K.A.s under the social security number(s) provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH: Vivian -December 1957 5~~ ~E~~- AFFIANT ~~~1 ~!1 ~ M. S sworn to efore me on 27 010 ~ Notory u i c, niorarY seoi Stcte of I~Aluourl ~ t. Louie oun My 6omrr°-ls~lomri ion ~ t 0~+n1b~rb0~, 201a Players National Locator, 14444 Manchester Road, Manchester, MO 63011 Phone: (636) 230-9922 Fax: (636) 230-0558 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Corporation Asset- :Cumberland County Backed Certificates, Series 2007-NCl .Plaintiff €NO. 10-2186 v. Kenneth Randolph, Jr. Vivian L. Randolph Defendant (s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE : A sherif f ' s return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant (s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sale upon Defendant(s) by regular mail and certified mail. UDREN LAW OFFICES, P.C. BY Attorneys for P aintiff MARK J. UDREN, SQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief . The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Date: November 3, 2010 UDREN LAW OFFI,CFS, P.C. BY: ~ C~ Attorneys for P1 i tiff MARK J. UDREN, E IRE. STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362. LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 C~iANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE C]3NTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Corporation Asset- :Cumberland County Backed Certificates, Series 2007-NC1 Plaintiff €NO. 10-2186 v. Kenneth Randolph, Jr. Vivian L. Randolph Defendant (s ) CERTIFICATE OF SERVICE I, hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Date Served: Certified Mail Other TO: Vivian L. Randolph 112 Breezewood Drive Apt E Greenville, NC 27858 UDREN LAW OFFI P.C. BY : ~ C%~~ Attor eys for P1 intiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG,'ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL SIEDMAN, ESQUIRE- ID # 306534 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 20 0 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 4828 Loop Central Drive :NO. 10-2186 C= Houston, TX 77081 -= ; Plaintiff ='r w, Kenneth Randolph, Jr. Vivian L. Randolph - 112 Breezewood Drive Greenville, NC 27858 -.; Defendant (s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: November 10, 2010 UDREN LAW OFFICES, P.C. BY: .S `-' Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE DANIEL SIEDMAN, ESQUIRE eas largo Bank, NA as Trastee, ea at.. Plaintiff(s) VS. nneth Randolph, jr., et. al.. Defendant(R) UDREN LAW OFFICBS I M$.'teiissa McCully 111 Woodcrest Rd.. Ste. 200 1 Cherry Hill, NJ (18003-3620 r Service of Process by APS International, Ltd. 1-800-328-7171 APS International Pinzn 7800 Giearoy Rd. 4tinneapeihs %MN $5439.3122 APS File !I: 1030.41-Mil l AFFIDAVIT OF SERVICE --Individual Service of Process on- j -Vivian L. Randolph Court Case No. 10.2186 to of:ji..R??.t_" untyoh me of Server. undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; telTime of Service: #I a '` `day of Q,p a ; , 20 t o . at 4 c + 5 o'clock q>- Ivl that on the cc of service: at 112 Srowwwood Drive - - - - - itt Greenyiltr? VC 27858- _ _ _ _ ._ . euments Served: the undersigned served the documents described as: ? Complaint in Mortgage Foreclosure .r . vice of Process on: ,A true and correct copy of the aforesaid document(s) %vas served on: Vivian L. Randolph 'son Served, and shod of Service: _ (,? By personally delivering them into the hands of the person to be served. 1-'1 By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she reside.,; with Vivian L. Randolph at the place of service, and whose relationship to the person is; :riptien of Person The person receiving documents is described as follows: sluing Documents: Sex Skin Color--\L%_ Hair Color ?A_k Facial FlairtAIQ_ Approx. Age S Approx. Height Approx. Weight t 50- N7 To the best of my knowledge and belief, said person was not engaged in the US Military at .. the time of service. attire of Server: Undersigned declares under penalty of perjury Subscribed and sworn to before me this that t e foregoing is true and correct. ?q day of OL 20 icy Sis"Vure or Sorkbr Notary Public (Commission Expires) i a d• h"N. ?lsi...rR. ? APS Iaternational, Ltd. {,.. S '-1 ig -2-0 IO NOV 5 Z01 0 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset- Backed Certificates, Series NO. 10-2186 2007-NC1 Plaintiff c'1 c N c? O -oz rn rn a ° --? ? "? v. Kenneth Randolph, Jr. ? - ccnn r c- ' - -vm Vivian L. Randolph °? Defendant(s) zQ o ? 5;c= 77 ?? o O R D E R AND NOW, this St day of Y e- -G 2010, Cn X upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Vivian L. Randolph, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Vivian L. Randolph at 112 Breezewood Drive Apt. E Greenville, NC 27858 and by posting the mortgaged premises located at 2735 Ritner Highway Carlisle, PA 17013. BY THE COURT: off. J. .4'h'a t Lqr_u t194 Q - KtycS7 9DREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for the :COURT OF COMMON PLEAS Asset Backed Funding Coproration Asset-Backed :CIVIL, DIVISION } ra r Certificates, Series 2007-NC1 =Cumberland County rr Plaintiff Frl mar= > rn f°-7 a V. Kenneth Randolph, Jr. ? -TI Vivian L. Randolph NO. 1.0-2186 ; :mss: Defendant (s) a :a .? AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B" 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: January 2? , 2011 UDREN LAW OFFICES, P.C. BY : ]ero Esquire Attor intiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 ':MORTGAGE FORECLOSURE Plaintiff V. Kenneth Randolph, Jr. :NO. 10-2186 Vivian L. Randolph Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007-NC1, Plaintiff in the above action, by its attorney, Udren Law Offices, P.C., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kenneth Randolph, Jr. Vivian L. Randolph 112 Breezewood Drive, Apt. #E Greenville, NC 27858 112 Breezewood Drive, Apt. #E Greenville, NC 27858 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Breneman Company 4. Name and address of of record: Name Address Wells Fargo Bank, N.A., as 4828 Loop Central Drive Trustee for the Asset Backed Houston, TX 77081 Funding Coproration Asset-Backed Certificates, Series 2007-NC1 Farmers Trust Co. a PA Corporation 2735 Ritner Highway Carlisle, PA 17015 5. Name and address of every other person who has any record lien on the property: Name Address Unemployment Compensation 16th Floor, L&I Building Fund Harrisburg, PA 17121 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: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlise, PA 17013 13 N. Hanover Street Carlise, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address 3642 Blue Rock Road Lancaster, PA. 17603 the last recorded holder of every mortgage Tenants/Occupants 2735 Ritner Highway (West Pennsboro Township) 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. sec. 4904 relating to unsworn falsification to authorities. DATED: Januaryll, 2011 UL M At UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007- NC1 Plaintiff V. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION Cumberland County PLEAS NO. 10-2186 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Kenneth Randolph, Jr. and Vivian L. Randolph PROPERTY: 2735 Ritner Highway, (West Pennsboro Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 8. 2010, at 10:00 a.m., in the Commissioners Hearing Room, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A 7 CD J (D v Q O_ L Q r 7 O. O a 3 O O W O W CD N l J C7 CD T cn TI O 3 W co V V TI CD Q C v p T O 3 c fA cr 0 n O eD C. ?O 3 O T r' 0 OF Ul cn la 4 w W N) ? ' p O Oo v O cn ? W N - Ti - Z ?D a rr m v C 3 W D CD =CDR f D m -4 N O C a CL CD Ul m CD o 3F cC a C 00 m CD N N O ?? W W am 2-+C m N-n w°' o- 0) ?-4M 0 rn M0 ?0 00 v mg ro, 003 ?. m -av o, R ?D w W a'D O OOm$ ? mm C ?a) 3 D t3 < Z c m c o o ? m n O m m (n -- m 0 oo x ;u ac o p m Tp =y -o j ((1) mZ y0 C OCy a ? moo 0 0 03 o D W: n CD D y -, p CO ? - * ? m m Z TI M 0:3 o, ?n0 m 3 ~ Q=C? 0c8 W ?rn > - n m m I 3 ? 0 =r a ;0 r- r ? m fJO ? -I o ,DD y a r ?v c0 7 ? 0 WO C =rn ? O DZ r?? O - o D " C= D l m D n p Z m F m O 0O m t n cf) on 0 D r a 3 co Cafa 3 Do p ? 0D - p ? m o N D a o ?K 0 Z Z r- M. a ' n D? - Cl) Z m O =4 ° ? D m N w ?D? 2 ? ? D N 0 Z y y o X z 90 O " a 3 CD rn < m m -0 i ? ? ?? °. W o I n n 5 ;o CD (D o c D !1 CD ? N m C fC Q O c . m a N T X 7 ?N ?` .. - CD V - D) C 94 0) CD CLO 0 m m 3 , a 0 m m x c t- M''r'G. (D Q c U) c o a W o T ? w ?2 _ o? d o m °-? SD) ?n33'Om ??NS ?o f/) ? o o ' = cp N t/1 7 (D ? _. * H(• n;or ?. _ p? a?i S 7 O m Q N '0 CDO C ry m3m°oQy 3 w0 D l Sdsn C' O- C Q d R y Oit O O N" a C a4j ?L O N • CD N mmg?am o o ° Q Q U) C 3 o? 2 o ° ' o y = •oo??o i c cOi N y 0 ] ( CD !? O 4. m 3 w 0 ID CL ` C C CD > > x m m 3v n 3 ° o y 3 ya nm > =? m 0 cn - =-a) 3 y 09.3 053. 0.o o m = 0? m v OO' m v o v c !? D) 00'a N Q -o m t . 3 , 'Z m a iv NE ?A w c ? 61-o s Oa CD?1 W 07 gx = m y a 3 -3 C= O y C o m^cy^. -i n o> w m -nu) p QOa f = m W y H m 3 N N ?vln=mix m m 3 m3 T (n NS c 3 ? y 01 m m ay)a ' N J 5 ;o ;o 3 Sw°o? 3 N ° O Q EX J BI A RL ° - J V m m' m N Rl 1 ° t N O CD MARK J. UDREN, ESQUIRE NJ MANAGING ATTORNEY TINA MARIE RICH OFFICE ADMINISTRATOR UDREN LA W OFFICES, AC. WOOD CREST CORPORATE CENTER III WOODCREST ROAD SUITE 200 CHERRYHILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX. 856. 669. 5399 FREDDIE MAC PENNSYLVANL4 DESIGNATED COUNSEL Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007-NC1 VS. Kenneth Randolph, Jr. & Vivian L. Randolph Cumberland County C.C.P. No. 10-2186 Dear Prothonotary: In connection with the above captioned matter, enclosed please find Verification of Service by Certified Mail and Regular Mail Pursuant to Court Order. I have enclosed a copy of the first page to be time stamped and returned in the enclosed self-addressed stamped envelope. Thank you for your assistance with this matter. A For in rely yours, H rty clos e Specialist /hac Enclosures UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset- Backed Certificates, Series 2007-NC1 Plaintiff V. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2186 VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: December 8, 2010 Vivian L. Randolph 112 Breezewood Drive, Apt. #E Greenville, NC 27858 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: January 17 2011 UDREN LAW OFFICF,?9,P.?. BY Ab IN THIS COURT OF COITION PLEAS OF CMMERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset- Backed Certificates, Series :NO. 10-2186 2007-NC1 Plaintiff Kenneth Randolph, Jr. Vivian L. Randolph Defendant (s) _ -3 -ry O R D E R AND NOW,.this day of 201 0, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Vivian L. Randolph, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail. and regular mail to the last known address of Defendant(s), Vivian L. Randolph at 112 Breezewood Drive Apt. E Greenville, NC 27858 and by posting the mortgaged premises located at 2735 Ritner Highway Carlisle, PA 17013. BY THE COURT- J. EXHIBIT B _-oP),\ r H O ((D lV C ?j 0) C F tj ~- (D F-' ti J_' N (D (CD MM G N 0 W z 0 ?j C]a.a 0 ?F L 00 (D ro (D t-t M O O OC o ? mMM rn ?°o?? 2 O p Z CCn t_?Mn D p M Co o O D m wOZn M T .. . . MMORNME c- ir m; m Co: 4:0 ? Ln ! m 4VS G M1.: r. Postage $ F- !m ni, (u Certified Fee 2, M m m Return Receipt Fee Postmark CI C3 (Endorsemem Required) 2 Here G O O • O ResMCted Delivery Fee (Endoreement Required) O O CCI i, Co Total Postage & Fees $ r-9 .SBlIt To a 5 Vivian L. Randolph !- sneer";ipi a 112 Breezewood Drive, Apartment E --------- C3 ° o`PO!w!2! Greenville, NC--27858 pis ware, zlP+a -_ ---------- n Hasler can ,,, ?? o a N r'y q? 03 ?, ? O CO m .1 v CD a c I W 010 i j 2 E S 3 a 3 a i ra N ? C t ! l L c k c b O 1 C C C C LL rL -61 to In m w N ---------- L4o&oo0-M-OMI NSd (--96f) 9002 tsnBny'009 •diInbul ue OU14OW uegM;I Juesejd put;d(enj sly; en g 1N% •119w PUB eBe)sod Low legsl xl;{e Pug 4oe)ep 'pepeeu )ou s! I!BW Whirs" e4{ uO?asugsod a;I •Bupliewlsod ao; Golyo )sod 941 lNe 941 )uesead eseeid ' 1991, 91 idiom I!BW Paepn!Peo etp uo >usugs eta 4AM 00041ow up apettr 1D Wep eta es! PV INUG 9 ??eH. wawa: ao eeseeuppe an a PopMosu act ?Sgw kSA!IGP '890; 8{ Isu JVU)neo!BPPV U u s! idiom pm Poup so ino6 uo s i ao; aenlsM eG a 8Aww o wwod wf) g `)dteoea tunjej 9190 i'.pe;se nbey )dteoeWoey wn)ey, eOetdliew ilew asaopi e44 aeAaa o) eBe)sod OIQBOIIdds PPB PUB 9101M 84) o) (L l86 uuod Sd) t' wr4ou B 4ogus pus e)eldwoo amid 'e iss;dleoey wn)ey uis)go of ,A ;o;ooad eplAa o) pe)senbea eq ?tBw ad;aoaa wrgat l B 'eel leuoglppe I!BW pGe)slBed ao peansul aeplsuoo eseeld 1991, and •gry pe{JBO t4!M 030IAOHd SI 3E)Vd3AOO 3oisivunSl •1!ew leuopawe)ul w ssup Aue ao; eigsl!BAS;ou s! IIBW Pe ®I!BW Aluoud ao ei!BW sse!O-)sild tipnn peulgwoo eq kINO Asw lion Pe :wapuryaeb;t saseA OAR JO; GOINGS RMd etg Aq )deal tieAIIOP;O PA eooldllsw anal ao; jogl)raepl on idiom But :sapu?ad ZION PI EXH113cr 4 . T. (D m Q 2- C- O CL r v x O_ O O W O W O N E n c a- CD 1 Q -n O w co V V CD Q c c D) CO co A O C w O' 0 O 'fl ID CL IT 3 W d V 7 7 --i ai C cn A W N O 0 Z C R CL c a 0) 3 o CD = CD -a N CD N O c > 1 CL Ch CD Cn c. o N N 3 S * O 00 m 0) m to UJ G N 0O i N N<_. 3 *c <Z W? o 2 O M L <. CD z O;a ?t M .- fl Q CD N n x xnz O CD Z N m ;a ;V C-7 w N 0 c D Y z x cn :* . O O 0 _ v cn n O 0 CD CD U) co M 0 SD D a M D o (A mn CD N CD 0 m O o T4 .\ v m D a d y m CD 1 ? ? ? ? 0 1 N O 0 CD ` CD CL N I 0 a (C S a p CAD o 0 I Q qD 4 ? ? C I 20v D m 5 F3 ;p + " •n v _ s CD c `j 1 - 1 y ? sTS?r O O 711 7 rn 0 a 3 0 ;o 0 (D 3 Er c m m ' 0 7' ?0 aa3 Noy -• m CD - x0 0 0 m e c3 O N U) `°3 g 0 w= m c d S N o m m m < 3 N 7 S -go n? m•c ? tQ 5- (D CC C 0 (2 ?chp 0 < O, m EA 0 ?m oOm ? " 11 , 0 CD v o m 0 G °3DOOy w0 vOrn ?3 d m `^ of m N C c I CD CH O. M. E 0) O O O 0NO?am' y CD c 3 o 2 O N = d O N m 5D ? ?' o a 0 (D x 0 O ?.my?s3 c c m m may 0- 3 ? lD mnoi ° c - y 3 v a 'a n' 3y? _ 0 r C7 D o a m 0 p1 o "m N a7 co) x x d a ._. J 3 _m m0 0 (n 11 0 ( m ?t y . a 0ao d ooQc° d a D) x m 3 3 .0 3- q o m O 0 '2 cD 10 - .3 CD (D o?yooa co .Zl N a m ? x ?y . O N . any°c= m=c CT -BCDa W O y n> j ? m CD O cOD - 1 [D ;' zdm° 'm D. rn - m @ 3 o m 3 @ ? Z1 fn o ZZCOO si0?o3 CD CD S °? 3?w'3 _ 01 °-' 0 ayE 3' y o 0 ? = - a7 .Z1 3 m °o CD .y. . o H CD o91m - a ? CD MARK J. UOREN, ESQUIRE NJ MANAGING ATTORNEY TINA MARIE RICH OFFICE ADMINISTRATOR UDREN LA W OFFICES, A C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRYHILL, NEW JERSEY 08003-3620 856. 669. 5400 5". 069. FREDDIE MAC PENNSYL VANIA DESIGNATED COUNSEL Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007- NC1 VS. Kenneth Randolph, Jr. & Vivian L. Randolph Cumberland County C.C.P. No. 10-2186 Dear Prothonotary: In connection with the above file, enclosed please find Praecipe to File Proof of Service for filing. Also enclosed is an extra copy of the Praecipe to be time stamped and returned in the enclosed self-addressed stamped envelope. Thank you for your assistance with this matter. /hac rPl v vniirc Enclosure UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 Plaintiff :NO. 10-2186 V. Kenneth Randolph, Jr. Vivian L. Randolph Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: January L? , 2011 UDREN LAW QE944;0, P. C BY• Att ney f ,? C)(H113iT• a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Corporation Asset- Backed Certificates, Series NO. 10-2185 2007-NCI Plaintiff V. I r are y" Kenneth Randolph Jr. rn `W' ^r Vivian L. Randolph Defendant (s) AND NOW, .this day of Y 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Vivian L. Randolph, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Vivian L. Randolph at 112 Breezewood Drive Apt. E Greenville, NC 27858 and by posting the mortgaged premises located at 2735 Ritner Highway Carlisle, PA 17013. BY THE COURT- iJ4 XHJBr Wells Fargo Bank, NA as Trustee, et. al.. Plaintiff(s) VS. Kenneth Randolph, Jr., et. al., Defendant(s) UDREN LAW OFFICES bus. Henni Crommarty I I I Woodcrest Rd, Ste. 200 Cherry Hill, NJ 08003-3610 / --- Service of Process by `, APS International, Ltd. _=- 1-800-328-7171 Apg ?vTERNAT1ONA1 ; APS International Plaza ?. _ 7800 Glenroy Rd. -' Minneapolis, AIN 554139-31122 APS File #: 108207-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: -Vivian L. Randolph, by posting Court Case No. 10-2186 State of: L ss. County of: Name of Server: undersigned, being duly sworn, deposes and says that at the time of service. s/he was of legal age and was not a party to this action; Date/Time of Service: that on the A day of L-W- .) ??`, ??-- ? , at G?::?,Go'clock ,!!?-tM Place of Service: Documents Served: Service of Process on: Person Served, and Method or Service: Description of Person Receiving Documents: t at 2735 Ritner Hithway -in Carlisle. PA 17013 the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property w/ Order A true and correct copy of the aforesaid document(s) was served on: Vivian L. Randolph, by posting By personally delivering them into the han s of the person to be served. By delivering them into the hands of a person ?of suitable age. who verified, or who pon questioning stated, that he/she resides with Vivian L. Randolph, by posting at the place of service. and whose relationship to the person is: The person receiving documents is described as follows: Sex ; Skin Color ; Hair Color Facial Hair Approx. Age ; Approx. Height Approx. Weight To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature or Server: Undersigned declares under penalty of perjury that f e in a and correct. / l APS Int national, Ltd. COMMONWEALTH OF PENNSYLVANIA Notarial Seal M. Michelle Guyton, Notary Public Carlisle Boro, Cumberland County My Commission Expires July 1, 2012 Member. Pennsylvania AssoGation of Notaries ,, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed € CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series - 2007-NC1 _r- Plaintiff : NO. 10-2186 a-, a 3 V . ti Kenneth Randolph, Jr. --?' Vivian L. Randolph - _= Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: October 29, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys foT--P1-A1`nEiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE (00:)tV1V E*1181-1- b, l? Wells Fargo Bank,"NA as Trustee, et. al., Plaintiff(s) Vs. Kenneth Randolph, Jr., et. al., Defendant(s) Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 APS File #: 107384-0001 UDREN LAW OFFICES Ms. Henni Crommarty 111 Woodcrest Rd., Ste. 200 Cherry Hill, NJ 08003-3620 AFFIDAVIT OF SERVICE -- Individual Service of Process on: --Kenneth Randolph, Jr. Court Case No. 10-2186 State of- 1? .Ct _ , - - - -- - -) ss. -- - - - -- - - - - - - - - -- - - -- - - - - - ---- County of. ` e n1n t a ) A Name of Server: N C E L f? A L-. n e-k , undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the day of 9 CZb 1e -IL , 20 ?D__, at = O o'clock _?-M Place of Service: at 112 Breezewood Drive aQ't E. , in Greenville. NC 27858 Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property Service of Process on: Person Served, and Method of Service: A true and correct copy of the aforesaid document(s) was served on: Kenneth Randolph, Jr. ? By personally delivering them into the hands of the person to be served. VBy delivering them into the hands of ,?o_S?u anc? nl o1n a person of suitable age, who verified, or who upon questioning stated, that w/? she resides with Kenneth Randolph, Jr. at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex NI ; Skin Color N1?1 ; Hair Color-a& Facial Hair 14 O Approx. Age )AS - -'-:k Q Approx. Height In r n"' ; Approx. Weight I :(S li?,To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury that the foregoing is true and correct. Signature of erver APS International, Ltd. Subscribed and sworn to before me this 2j, k day of O c V. Oe,( , 20 10 Notary Public (Commission Expires) 1.1S1 o.W AIL4k,,R fta-I i s o t5 la tnrw?ls$1o.. ?1 qcA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??;t?xtr at ?stanbr?„f???? OF, CE OF Wells Fargo Bank, NA vs. Case Number Kenneth Randolph, Jr. (et al.) 2010-2186 SHERIFF'S RETURN OF SERVICE 10/15/2010 04:15 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1611 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth & Vivian Randolph, Jr., located at, 2735 Ritner Highway, Carlisle, Cumberland County, Pennsylvania according to law. SHERIFF COST: $908.92 SO ANSWERS, October 27, 2010 RON R ANDERSON, SHERIFF (c) Cou,'iySuite Sheriff. Teieosoft. In . W SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson !LFCj-CPPIC- Sheriff TI-TE PP,0T11M0TA- ry ?gyti??lttCt ?.?t?rabr????¢ Jody S Smith .,, Chief Deputy Richard W Stewart CUMBERLAND COUIq `Y Solicitor PEWil10d 'L1 ANIA Wells Fargo Bank, NA Case Number vs. Kenneth Randolph, Jr. (et al.) 2010-2186 SHERIFF'S RETURN OF SERVICE 10/15/2010 04:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1611 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth & Vivian Randolph, Jr., located at, 2735 Ritner Highway, Carlisle, Cumberland County, Pennsylvania according to law. 12/01/2010 As directed by Alan M Minato, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/01/2011 As directed by Alan M Minato, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Udren on 4/5/11. SHERIFF COST: $746.84 April 08, 2011 SO ANSWERS, RON ' R ANDERSON, SHERIFF -;?LS 'f- QS-7778 jc?COUntySuite Sheri i. -eleoso?t. In,. F I vi UDREN LAW. OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- `Cumberland County Backed Certificates, Series 2007-NC1 =MORTGAGE FORECLOSURE Plaintiff V. Kenneth Randolph, Jr. -:NO. 10-2186 Vivian L. Randolph Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., as Trustee for the Asset Backed Funding Coproration Asset-Backed Certificates, Series 2007-NC1, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kenneth Randolph, Jr Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 112 Breezewood Drive Greenville, NC 27858 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Unemployment Compensation Fund 16th Floor, L&I Building Harrisburg, PA 17121 Breneman Company 3642 Blue Rock Road Lancaster, PA 17603 4. Name and address of the last recorded holder of every mortgage of record: Name Address Wells Fargo Bank, N.A., as 4828 Loop Central Drive Trustee for the Asset Backed Houston, TX 77081 Funding Coproration Asset-Backed Certificates, Series 2007-NC1 Farmers Trust Co. Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address 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: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlise, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlise, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address Tenants/Occupants 2735 Ritner Highway (West Pennsboro Township) 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. sec. 4904 relating to unsworn falsification to authorities. DATED: July 21, 2010 UDREN LAW OFFICES-,-_PC. BY Attorneys for'Plaintiff MARK J. UDREN;"E-SQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com Wells Fargo Bank, N.A., as `COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- ::Cumberland County Backed Certificates, Series 2007-NC1 :MORTGAGE FORECLOSURE Plaintiff V. Kenneth Randolph, Jr. NO. 10-2186 Vivian L. Randolph Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Randolph, Jr. 112 Breezewood Drive Greenville, NC 27858 Your house (real estate) at 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $424,795.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: _(856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) r I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PARCEL OF LAND AND IMPROVEMENTS THEREIN SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, AND DESIGNATED AS PARCEL NO. 46-09- 0521-052C AND MORE FULLY DESCRIBED IN A DEED DATED MARCH 23, 1988 AND RECORDED MARCH 23, 1988 IN CUMBERLAND COUNTY IN DEED BOOK 33-F, PAGE 1130, GRANTED AND CONVEYED UNTO KENNETH RANDOLPH, JR AND VIVIAN L. RANDOLPH, HUSBAND AND WIFE. BEING KNOWN AS: 2735 RITNER HIGHWAY (WEST PENNSBORO TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 46-09-0521-052C TITLE TO SAID PREMISES IS VESTED IN KENNETH RANDOLPH, JR. AND VIVIAN L. RANDOLPH, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES BY DEED FROM DONALD E. MUNRO AND LINDA R. MUNRO, HUSBAND AND WIFE DATED 3/23/88 RECORDED 3/23/88 IN DEED BOOK F-33 PAGE 1130. f 1 a UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for the Asset Backed :CIVIL DIVISION Funding Coproration Asset- :Cumberland County Backed Certificates, Series 2007-NC1 :MORTGAGE FORECLOSURE Plaintiff V. Kenneth Randolph, Jr. :NO. 10-2186 Vivian L. Randolph Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Vivian L. Randolph 112 Breezewood Drive Greenville, NC 27858 Your house (real estate) at 2735 Ritner Highway (West Pennsboro Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $424,795.70, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PARCEL OF LAND AND IMPROVEMENTS THEREIN SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, AND DESIGNATED AS PARCEL NO. 46-09- 0521-0520 AND MORE FULLY DESCRIBED IN A DEED DATED MARCH 23, 1988 AND RECORDED MARCH 23, 1988 IN CUMBERLAND COUNTY IN DEED BOOK 33-F, PAGE 1130, GRANTED AND CONVEYED UNTO KENNETH RANDOLPH, JR AND VIVIAN L. RANDOLPH, HUSBAND AND WIFE. BEING KNOWN AS: 2735 RITNER HIGHWAY (WEST PENNSBORO TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 46-09-0521-052C TITLE TO SAID PREMISES IS VESTED IN KENNETH RANDOLPH, JR. AND VIVIAN L. RANDOLPH, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES BY DEED FROM DONALD E. MUNRO AND LINDA R. MUNRO, HUSBAND AND WIFE DATED 3/23/88 RECORDED 3/23/88 IN DEED BOOK F-33 PAGE 1130. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2186 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as Trustee for the ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2007-NCI, Plaintiff (s) From KENNETH RANDOLPH, JR & VIVIAN L. RANDOLPH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $424,795.70 L.L.$.50 Interest from 7/20/10 to 12/8/10 Ongoing per diem of $73.81 to actual date of sale including if sale is held at a later date --$10,481.02 Atty's Comm % Atty Paid $191.90 Plaintiff Paid Date: 7/26/10 Due Prothy $2.00 Other Costs n-L'yo David D. Buell, Prothonotary (Seal) REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC By: WOODCREST CORPORATE CENTER 111 WOODCREST RD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 75860 Deputy r On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 2735 Ritner Highway, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estat? dinator 0 .E d 8z Tl GIV PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E *or SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 4ZI. ?4a? I Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2186 Civil Wells Fargo Bank, NA, As Trustee for Asset Backed Funding Corporation Asset-Backed Certificates, Series 2007-NC1 VS. Kenneth Randolph, Jr., Vivian L. Randolph Atty.: Alan M. Minato ALL THAT CERTAIN parcel of land and improvements therein situate in the Township of West Pennsboro, County of Cumberland, and Com- monwealth of Pennsylvania, and designated as Parcel No. 46-09-0521- 052C and more fully described in a deed dated March 23, 1988 and recorded March 23, 1988 in Cumber- land County in Deed Book 33-F, Page 1130, granted and conveyed unto Kenneth Randolph, Jr. and Vivian L. Randolph, husband and wife. BEING KNOWN AS: 2735 Ritner Highway (West Pennsboro Township), Carlisle, PA 17013. PROPERTY ID NO.: 46-09-0521- 052C. TITLE TO SAID PREMISES IS VESTED IN Kenneth Randolph, Jr. and Vivian L. Randolph, husband and wife, as tenants by the entireties by deed from Donald E. Munro and Linda R. Munro, husband and wife dated 3/23/88 recorded 3/23/88 in Deed Book F-33 Page 1130. 99 _ The Patriot-News Co. ^2620 Technology Pkwy Suite 300 Mechanicsburg, *PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otA1vXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That :she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Markel: Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 =Sworn subscribed ore/m t?is'CO "f November, 2010 A.D. Notary Pubic COMMONWEALTH OF PENNSYLVANIA Notarial Seal - Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County MY Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notane= 2010-2186 CNN'Awm 11YbNe Fargo dank, NA, As Trust" for Asset g1"" Funding Corporetlon Asset- Backsd Coeds, 0+rae 2007-MCI vs Kenneth Randolph, Jr. Vhdan L. Randolph Atty: Alan M Mhwto ALL THAT CERTAIN PARCEL OF LAND AND IMPROVEMENTS THEREIN SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. AND DESIGNATED AS PARCEL NO. 46-09-0521-052C AND MORE FULLY DESCRIBED IN A DEED DATED MARCH 23, 1988 AND RECORDED MARCH 23, 1988 IN CUMBERLAND COUNTY IN DEED BOOK 33-F, PAGE 1130, GRANTED AND CONVEYED UNTO KENNETH RANDOLPH, JR AND VIVIAN L. RANDOLPH, HUSBAND AND WIFE. BEING KNOWN AS: 2735 RITNER HIGHWAY (WEST PENNMR0 TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO 4609-0521-052C TITLE TO SAID PREMISES IS VESTED IN KENNETH 'KWWLPH, JR. AND VIVIAN L: RANDOLPH, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES BY DEED FROM DONALD E. MUNRO AND LINDA R. MUNRO, HUSBAND AND WIFE DATED 3/23/88 RECORDED 3/23/88 IN DEED BOOK F-33 PAGE 1130.