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Home My WebLink About10-5314Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018- (610) 328-2887 Attorney I.D. #52634 26409-CFC-VJ Attorney for Plaintiff 20i 1 A U G 13 4'111: 37 WELLS FARGO BANK, N.A. AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-OP1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP1 4600 Regent Blvd., Ste 200 Irving, TX 75063 : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff . V. NO. / L t ROHAN DOOKHARAN OR OCCUPANTS ?? S 3 d 7 2 Lilac Drive (' Mechanicsburg, PA 17050 Defendant(s) CIVIL ACTION - EJECTMENT NOTICE ADVISO c? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le han demandado a usted en la corte. Si usted quiere defender"se de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 6Ya, od pd c--f`7 a4; X"".1Y4 Sys Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-OP1, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-OP 1 4600 Regent Blvd., Ste 200 Irving, TX 75063 . 26409-CFC-VJ Attorney for Plaintiff : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff . V. . NO. ROHAN DOOKHARAN OR OCCUPANTS 2 Lilac Drive Mechanicsburg, PA 17050 Defendant(s) : CIVIL ACTION - EJECTMENT 1. Plaintiff, Wells Fargo Bank, N.A. as Trustee for Securitized Asset Backed Receivables LLC Trust 2005-OP I, Mortgage Pass-Through Certificates, Series 2005-OP I, is the owner of premises known as 2 Lilac Drive, Mechanicsburg, PA 17050, more fully described in the legal description, a true and correct copy is attached hereto, made part hereof and marked as Exhibit L 2. Plaintiff claims title to the aforesaid property by virtue of a Sheriffs sale held on May 05, 2010, in the execution of a judgment in mortgage foreclosure obtained in the Court of Common Pleas of Cumberland County, Docket No. 09-7098 where Plaintiff was the successful bidder. 3. The Plaintiff became the owner of the said property by a sheriff's deed recorded on July 27, 2010 in the Office of the Recorder of Cumberland County at Instrument No. 201020292. 4. Pursuant to Protecting Tenants at Foreclosure Act of 2009 ("PTFA" ), the Plaintiff has either determined that PTFA is not applicable in this matter or has sent notice to the Defendants/Occupants pursuant to PTFA. 5. Plaintiff, by virtue of the aforesaid title, is the owner in fee of the said premises, and is entitled to possession thereof. The Defendants Rohan Dookharan or Occupants are occupying the said premises without right, and so far as the Plaintiff is informed, without claim of title. WHEREFORE, plaintiff demands judgment for possession of 2Z6lac Drive, Mechanicsburg, PA 17050. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: August 05, 2010 EXHIBIT I ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOW NSH IP OF 81LVER SPRING IN THE C'OUlT1TY OF CUMBERLAND, AND CO MtC)NWF.ALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGI)MIRG AT A POINT ON THE NORTHWESTERLY SIDE OF LILAC DRS (50 FEET WIDE) AT THE DIVIDING LINE BETWEEN LOT NOS. 27 AND 28 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVIDING LINE BWrW= TATS NOS. 27 AND 28, NORTH 28 DEGREES 38 MINUTES 43 SECONDS WEST, THE DISTANCE OF 137.00 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOT NOS. .28 AM 29 ON SAID FLAN; THENCE ALONG SAID DIVIDING LINE, NORTH 61 DEGREES 21 MINUTES 17 SECONDS FMT, THE DISTANCE OF 81.00 FEET TO A POINT ON THE WESTERLY SIDE OF BAYBERRY DRIVE; THENCE ALONG THE SAID SIDE OF BAYBERRY DRIVE, SOUTH 28 DEGREES 38 MINUTES 43 SECONDS EAST, THE DISTANCE OF 125.130 FEET; THMFCB.ALONG THE SAME AND ALONG THE ARC OF A CURVE HAVING A RADIUS OF 12.00 FEET, THE ARC DISTANCE OF 18.85 FEET TO A POINT ON THE SAID BIDE OF LILAC'. DRIVE; THENCE ALONG SAID SIDE OF LILAC DRIVE, SOUTH (ERRONEOUSLY REFERRED TO A NORTH IN THE PREVIOUS. DZED) 61 DEGREES 21 MINUTES 17 SECONDS NEST (ERRONEOUSLY REFERRED TO AS EAST IN THE PREVIOUS DEED ), THE DISTANCE OF 69.00 FEET TO A POINT THE PLACE OF BEGINNING. BERING LOT NO. 28 ON THE PLAN OF MULBERRY CROSSING, AS RECORDED IN FLAN BOOR 40, PAGE 142. BRING KNOWN AS NC?. 2 LILAC DRIVE, ME3CHANICSBURG, PENNSYLVANIA AND BEING the same premises which were sold to WELLS FARGO BANK, N.A. AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-OP1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP1, as Trustee by the Sheriff of CUMBERLAND County on May 05, 2010 in execution of a judgment in mortgage foreclosure entered in the Court of Common Pleas of CUMBERLAND County Docket No. 09- 7098. MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, UNIT 7 SECANE, PA 19018 PHONE (610) 328-2887 Martha E. Von Rosenstiel, Esquire FAX (610) 328-2649 Jacqueline F. McNally, Esquire July 29, 2010 TO: ROHAN DOOKHARAN OR OCCUPANTS 2 Lilac Drive Mechanicsburg, PA 17050 NOTICE OF FORECLOSURE & TENANT'S RIGHTS UNDER FEDERAL LAW NOTICE IS HEREBY GIVEN THAT Wells Fargo Bank, N.A. as Trustee for Securitized Asset Backed Receivables LLC Trust 2005-OP I, Mortgage Pass-Through Certificates, Series 2005-OP, or its predecessor in interest, acquired title to the Premises at a foreclosure sale held May 05, 2010 and perfected title by deed recorded on July 27, 2010 at Instrument No. 201020292 in the Office of the Recorder of Cumberland County. NOTICE IS FURTHER GIVEN THAT the Federal "Protecting Tenants at Foreclosure Act of 2009" ("PTFA") grants certain rights and protections to any occupant of the Premises who is a "bona fide" tenant, as defined by the PTFA. Wells Fargo Bank, N.A. as Trustee for Securitized Asset Backed Receivables LLC Trust 2005-OP I, Mortgage Pass-Through Certificates, Series 2005-OP is informed and believes that no occupant of the Premises is a "bona fide" tenant as defined by the PTFA. This Notice is given, in part, to provide any occupant the opportunity, prior to the commencement of the eviction action for possession, to provide acceptable evidence to show that the occupant is entitled to the protection of the PTFA. OCCUPANT ASSISTANCE NOTICE A provides relocation assistance programs to occupants of its foreclosed properties, for both former owners and tenants. It also provides a tenant information hotline, to allow you to claim tenant status as explained below. To discuss these programs, your options under them, or to claim tenant protections, please call (866) 612-3746. PARA ASISTENCIA EN ESPANOL LLAME AL (866) 612-3746. TEN (10) DAY NOTICE TO VACATE. If you are a former owner or a person who is not a "bona fide" tenant under the PTFA, A terminates any and all rights to occupancy and instructs you to vacate the Premises no later than ten (10) days following delivery of this letter. ALTERNATIVE NINETY (90) DAY NOTICE In the event any occupant of the Premises is a bona fide tenant as defined by PTFA, this letter is the NINETY (90) DAYNotice to Vacate as required by PTFA. Thus, all occupants are required within ten (10) days after receipt by you of this Notice EITHER to produce acceptable evidence to this law firm that the occupant is entitled to the protections of the PTFA OR to vacate and surrender possession of the Premises to Wells Fargo Bank, N.A. as Trustee for Securitized Asset Backed Receivables LLC Trust 2005-OP I, Mortgage Pass-Through Certificates, Series 2005-OP. Failure to supply the acceptable evidence or to vacate within that time will result in an eviction proceeding for possession of the Premises being filed. Please see the next paragraph for instructions on how to supply this evidence. THE EVICTION WILL BE FILED WITHIN TEN (10) DAYS OF YOUR RECEIPT OF THIS LETTER UNLESS THIS FIRM AGREES IN WRITING NOT TO COMMENCE THE EVICTION. BONA FIDE TENANT INFORMATION IF YOU BELIEVE YOU QUALIFY AS A BONA FIDE TENANT UNDER PTFA of the prior owner, you must provide the following documents: • A copy of your lease (or, if your lease is oral, proof of rent payment) • A return phone number and the best time to reach you • The receipt for the last six (6) payments made to the landlord for the residence (or the length of time you have resided in the property, if less than six (6) months) OR by mail, fax: Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 Fax: 610-328-2649 For any questions, please call 610-328-2887 ext 27 s Martha E, Vary ltosensti- Attorney for Plaintiff i' If you have any questions regarding this Notice or your rights please contact your own attorney as we cannot provide legal advice to you. You could also contact lawyer referral service at the below contact information if you need legal advice. Please be guided accordingly. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 SHERIFF'S OFFICE OF CUMBERLAND COUNTY '' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~$~;~,rr of ~~G~k~r~#~~~ `' ~_ C?FP ~E C` "r.c '_"RIFF Rt.,~ TAB' ~~ ~~ ~`~'~ ~~ ~~ 11 ~ 19 CUMP~~~V G Wells Fargo Bank, NA Case Number vs. 2010-5314 Rohan Dookharan SHERIFF'S RETURN OF SERVICE 08/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 2 Lilac Drive, Mechanicsburg, PA 17050, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Request for service at 2 Lilac Drive, Mechanicsburg, PA 17050 is vacant. 08/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Rohan Dookharan, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Rohan Dookharan. Request for service at 2 Lilac Drive, Mechanicsburg, PA 17050 is vacant. SHERIFF COST: $63.00 August 26, 2010 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF ;c} CountySuite Shenff. Teleosoft. Inc. 26409- CPG -VJ (disc & end) Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 WELLS FARGO BANK, N.A. AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-OPl, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-OP 1 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-5314 CIVIL PLAINTIFF VS. ROHAN DOOK:HARAN OR OCCUPANTS DEFENDANTS ~ ~ ~ _,~ -a \.,P./ • wy 1 t ~ C ~ ~ / r. ~v~r" ~ i :ate, .~.., ,_,_ ,ra , ._, ~, ~, : W ~~ ~ ~ ~~; . ~ `-, ` • • r ; -- . _ ~~ e _- PRAECIPE TO MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark this action discontinued and ended without prejudice. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: October 27, 2010