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HomeMy WebLinkAbout11-1217 "THIS IS NOT AN ARBITRATION CASE" "AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c? US Bank National Association, as trustee for CIVIL DIVISION -'- , the holders of the First Franklin Mortgage ' t == Loan Trust Mortgage Pass-Through NO.: k) ?n Certificates, Series 2006-FF2 ISSUE NO.: - TYPE OF PLEADING:', Plaintiff, vs. CIVIL ACTION - COMPLAINT TN EJECTMENT -- Jenny R. I-Tuber CODE- FILED ON BEHALF OF: Defendant. US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire; Pa. I.D. #55650 Kimberly A. Bonner, Esquire; Pa. I.D. #89705 Joel A. Ackerman, Esquire; Pa I.D. #202729 Ashleigh L. Levy, Esquire; Pa I.D. 4306799 ZUCKER, GOLDBERG & ACKERMAN, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX ofticek-)zucker olg dberg.corn File No.: XCP- 138746-EV/gg TO: Defendant(s) YOU ARE I-IEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire Joel A. Ackerman, Esquire Ashleigh L. Levy, Esquire Attorneys for Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-138746-EV 138746-EVD 1002C0121201IP2???. p0 Pd Q? .............................. . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 Plaintiff, vs. Jenny R. Huber Defendant CIVIL DIVISION NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-138746-EV 138746-EVD1002C01212011P4 i ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the : holders of the First Franklin Mortgage Loan CIVIL DIVISION Trust Mortgage Pass-Through Certificates, Series 2006-FF2 NO.: Plaintiff, vs. Jenny R.ltuber Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escnto sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dietado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para. usted. US"TED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE, A UNO, LLAME A VAYA A LA SIGUETNTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCTA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (7T7) 249-3166 (717) 249-3166 Lucker, Goldberg & Ackerman, LLC XCP-138746-EV 138746-EVD1002C01212011P5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the : holders of the First Franklin Mortgage Loan CIVIL DIVISION Trust Mortgage Pass-Through Certificates, Series 2006-FF2 NO.: Plaintiff, vs. Jenny R. Huber Defendant. CIVIL ACTION - COMPLAINT IN EJECTMENT AND NOW, comes US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Ejectment as follows: I. The Plaintiff, Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, which has its principal place of business at 3815 South Temple Salt Lake City, UT 84115 2. The Defendant, Jenny R. Huber, is an adult individual residing within the Commonwealth of Pennsylvania at 162 EAST CHAPEL AVENUE, CARLISLE, PA 1701.3. 3. By Sheriff's Deed dated January 3, 2011 and recorded on January 10, 2011 Instr# 201101266, the Sheriff of Cumberland County has conveyed to Plaintiff, all that certain lot of piece of ground, with improvements erected thereon, and as more fully described in the Deed and as purchased by Plaintiff at Sheriff Sale on December 8, 2010. 4. During the pendency of the Mortgage Foreclosure Action of US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass- Through Certificates, Series 2006-FF2, predecessor in interest to Plaintiff, on the aforesaid premises docketed at 2010-03538, Defendant was served as owner of the aforesaid premises with Zucker, Goldberg & Ackerman, LLC XCP-138746-EV 138746-EVD1002C01212011P6 i . a true and correct copy of the Complaint in Mortgage Foreclosure by the Sheriff of Cumberland County. 5. Under the same Term and Number, Defendant was served as owner of the aforesaid premises with a Notice of Sheriffs Sale scheduling the sale for December 8, 2010 and Defendant. was served on October 14, 2010, personally by the Sheriff of Cumberland County. A true and correct copy of Plaintiffs Affidavit of Service is marked Exhibit "A", attached hereto and made a part hereof. 6. In addition, the aforesaid premises was posted with the Sheriffs Handbill and Notice of Sale. 7. By letter, dated December 22, 2010, Defendant and all other Current Occupants, if any, were notified by counsel for the Plaintiff to vacate the premises, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, postage: pre-paid, with a Certificate of Mailing. A true and correct copy of the letter, Certified Mail Receipt and Certificate of Mailing are marked Exhibit "B", attached hereto and made a part hereof. 8. To date, Defendant has failed or refused to vacate the premises, and therefore, Defendant is occupying, using and enjoying the premises without right and Claim of Title. 9. Defendant has unjustly and unlawfully retained possession of the premises to the detriment of Plaintiff. WHER-EFORE, Plaintiff demands judgment against Defendant for possession of the premises known as 162 EAST CHAPEL AVENUE, CARLISLE, PA 17013, together with such other relief as this Honorable Court may deem tDiri d appropriate. ZUCKERER & AC RMAN, LC BY: Dated: January 21, 2011 Scott AEsquire; PA T.D. 455650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire:; PA I.D. 4202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XCP-138746-EV/gg 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office ,zuckergolalberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XCP-138746-EV 138746-EVD1o02C01212011P7 LEONARD 6. ZUCKER MICHAEL S!ACKERMAN JOEL ACKERMAN' FRANCES GAMBARDELLA BRIAN C. NICHOLAS 0 STEVEN D. KROL CHRISTOPHER G. FORD DENSE CARLON A MONIKA S. PUNDALIK CHRISTINE C POTTER BRIAN W. BANASIAK RYAN S. MALC JENEE K. CICCARELLI A JAMES R. FREESWICK A ASHLEIGH L LEVY f DOUGLAS J.McDONOUGH TIMOTHYJ. ZIEGLER STEPHANIE WOLCHOK HYUN S. OH ALSO MEMBER OF NY, PA AND CA BAR 0 ALSO MEMBER OF NYAND ME BAR A ALSO MEMBER OF NYBAR E ALSO MEMBER OF PA BAR FCP-138746 Prothonotary of Cumberland County Cumberland County Courthouse Carlisle, PA 17013-3387 November 23, 2010 Re: US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 vs. Jenny R. Huber, single person Premises: 162 EASTCHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE PA 17013. Docket No.: 2010-03538 Sheriff No.: Sheriff Sale #: Dear Sir or Madam: Enclosed for filing please find an original of an Affidavit of Service of Defendant/Owner and Other Parties of Interest regarding the above referenced matter. Please file the original and return a time-stamped copy of the extra face page which is enclosed in the self-addressed stamped envelope. If you have any questions or concerns, please do not hesitate to contact Marie Lindner of our office at (908) 233-8500 ext. 115. Very Truly Yours, ZUCKER, GOLDBERG & ACKERMAN, LLC BY: /?l?r1e.P1?d Marie Lindner, Legal Assistant 200 Sheffield Street, Suite 101 Mountainside, W 07092 Email: Office@zuckergoIdberg.com File No.: FCP-138746 (908) 233-8500; (908) 233-1390 FAX ml enclosures cc: Sheriff of Cumberland Cou.,*v.(w/encl.) ZUCKER, GOLDBERG & ACKERMAN, LLC FOUNDED IN 1923 ATTORNEYS AT LAW AS ZUCKER & GOLDBERG MAURICEJ. ZUCKER 1918 1979 200 SHEFFIELD STREET- SUITE 101 LOUIS D. GOLDBERG 1923.1967 P.O. BOX 1024 LEONARD H. GOLDBERG 1929-1979 1 MOUNTAINSIDE, NJ 07092-0024 BENJAMIN WEISS 1949-1981 TELEPHONE: 908-233-8500 FACSIMILE: 908-233-1390 Pennsyivwla Office: E-MAIL: office@zuckergoldberg.com P.O. Box 650 Hershey, PA 17033 For payoff1m statement figures Please send your request to. zuckergo/dberg.com/pr OF COUNSEL: SCOTr A. BERLY A. BONNER, EESCL. REPLY TO NEW JERSEY ADDRESS KIM M V Y MEMBER OF PA BAR ONLY " EXHIBIT A" k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2D06-FF2, Plaintiff, Vs. CIVIL DIVISION NO.: 2010-03538 Sheriff Sale #: TYPE OF PLEADING Pa. R.C.P. RULE. 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER. AND OTHER PARTIES OF INTEREST CODE: Jenny R. Huber Defendant. FILED ON BEHALF OF: US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006- FF2 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield. Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officei2zuckere0ldbers.com File No.: FCP- 138746/ml Zucker, Goldberg & Ackerman, LLC FCP-138746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH NO.: 2010-03538 CERTIFICATES, SERIES 2006-FF2, Plaintiff, vs. Jenny R. Huber Defendant. Pa R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Jenny R. Huber, is the record owner of the real property. 2. On or about 10/14/10, Jenny R. Huber, was served with Plaintiff's Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE PA 17013. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 10/20/10, Plaintiff's counsel served all other parties in interest with Plaintiffs Notice of Sheriff's Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCP-138746 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Interest were served with Plaintiff's Notice of Sheriffs Sale of Real Property in accordance with Pa,R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: November 23, 2010 MARIE IND ER Paralegal/Legal Assistant Sworn to and subscribed before me 23rd day of mberK2010 Notary Public MY COMMISSION EXPIRES: KERY A. QUINN A NOTARY PUBLIC OF NEWVMe My Commissiori 6xplres 10/23/2012 Zucker, Goldberg & Ackerman, LLC FCP-138746 Zucker. Goldberg & gckerrnan l.LC FCP_138746 Nov, 5. 2010 8:41AM No. 3869 P. 2 SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chlef beputy Richard W Stewart $olicitor ???? ai tGwa6cy??a 'x `-? .rte 0FF1 M OF N9 $hC.MrF US Bank National Association -- Va. Case Humber Jenny R. Huber 2010-3598 SHERIFF'S RETURN OF SERVICE 10/1412010 Shawn Gutshell, Deputy Sheriff, who being duty swom aocording to law, states that on 10-14-10 at 1648 hours, he posted a true copy of the within Real Estate Wtit, {Notice, P03ter and Description, in the above entitled action, upon the property of Jenny R, Huber, located at 162 East Chapel Avenue e/k/s 1$2-Poo Chapel Alley, Carlisle, Cumberland County, Pennsylvanla according to law. 90/1412010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-1440 at 1647 hours, he served a true copy of the within Real Estate Writ, Notice and Desontption, In the above entitled action, upon the within rYamed defendant, to wit: Jenny R. Huber, by making known unto, Jenny R. Huber, personally, aat, 162 East Chapel Avenue, Carisle. Cumberland County, Pennsylvania Its contents and at the some time handing to her personally the said true and correct copy, of the same, SHERIFF COST: $804.82 November 06. 2010 SO ANSMRS, M)N ANDERSON, SHERIFF t?1Cw i?tystwi>iTmwborLIro, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the CIVIL DIVISION holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, NO.: 2010-03538 Series 2006-FF2, Plaintiff, VS. Jenny R. Huber Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jenny R. Huber 162 East Chapel Avenue a/k/a 162 East Chapel Alley Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/0812010 at 10;00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvemetrts erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 162 East Chapel Avenue alk/a 162 East Chapel Alley, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-03538 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jenny R. Huber Zucker, Goldberg & Ackerman, LLC PCP-138746 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the We, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. T It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment, You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH_ BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE, I. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCP-138746 3. A pe #oa or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's ce, County Courthouse, One Courthouse Square, Carlisle, PA 70 -33 , e sentation of the petition to the Court. ZUCKER L,D E G & X N, LLC Dated: August 31, 2010 BY: Scott A. i n squire; PA I.D. #55650 Kimberl . Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 -(908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA ORDER OF COURT. Zucker, Goldberg & Ackerman, LLC FCP-13 8746 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMTTH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY,, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.. 03-21-0320-116. Zucker. Goldluxgc- Ackcnuan,11C F(T-1.3 8746 EXHIBIT B Zucker, Goldberg & Ackerman, !1C FCP-138746 i UNITED STATES / POST/1 L SERVICEa Thin ctAirrreme orwim provides evfdanee thst mail has been pmox' d to U PS® fa mf6n& TMa sod lotereadwal -9. Prem. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 rMountainside, NJ 07092 PO% a Pllar[Y AOWE5 ?,? .??ry,1, 02 000 282036 CCT20 21010 MAILED FRON4 ZIP CODE 0 70 9 2 FCP-138746/jde TEAM D FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA 2150 NORTH STREET, SUITE 100 SAN JOSE, CA 95131 County of P.Q.: CUMBERLAND PS Forth 3817, April 2007 PSN 7530-02-000-9065 UNITED STWES. POSTAL SERM& This Catitham orMailing provides ovWt a that mail his been prese ded to USPS6 row tatting This K and into maDOeal mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 -*7 APO, 0 w ? .? or?cveawra 02 1M $ 01 '100 0004262038 cCT20 2010 MAILED MM Zip CODE 0'7092 al MounWnside, NJ 07092 FCP-138746/jdc TEAM D T'; CUMBERLAND COUN'T'Y TAX CLAIM BUREAU PostrnarkHere Cumberland County Courthouse' 'fr One Courthouse Square Carlisle, PA 17013 ?"Ian County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02.000-9065 Page 1 of 4 UNITED. STATES POSTAL SERVICEa This Catifiate of Mailing Provides tvdaacv that mall his b- laexnld to USPS® for aul I Ing. n and imNwniorul malt. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 64pses P09" 10 2 V4V Y 02 IM $ 01.100 0004282038 OCT20 2010 MAILF-OFROM 21PC0DE 07032 FCP-138746rdc'TEAM D n Tv' COMMONWEALTH OF PENNSYLVANIA Postmark,11ore DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 tEnnr?QSrarFs nosUtsEI?vX- Es TbbCar4l owa(Magiag provtdas add =that avit rues boo pasarrd to USPSO9rrma11k%' a+l ww"Now adL Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 ? amp . a 02 IM Q 1"? S 0004282036 OCT 20 2010 mAILID FROM ZIP CODE 0 70 92 FCP-138746Jjde TEAM D T" CUMBERLAND COUNTY DOMESTIC RELATIONS Postmark H= OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P. Q,: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-000-9065 C. C' Page 2 of 4 UNITEDST?ITES e JE3 P?T4 - POSTAL SERVICE ? t?rv swnes Tlda Ccalk a of Main prdida evl&r""mal ba bew peaenled ro USM Ar rmfllK. T 0 2 1M $01.100 aid baemc?oanal all. 0004282036 OCT 20 2010 Scott A. Dietterick, Esquire - MAILED FROM ZIP CODE 67092 c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-138746rde TEAM D T' PA DEPT. OF REVENUE- INHERITANCE TAX DIV: Dept. 280601 Harrisburg, PA 17I28-0601 vdi c Here 04-1? County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02.000-9065 UNITEUSTATES 7 .naaa+?+ otrmtr sowts P2POSIALSERVIC& im $ 01.90° a2 000428203e ocTao 2010 This CvtMfl efMelgag pipw a ldeaee iba mall bo b? prewaed to U.V50 far mmls n;3 foCODE 07092 ... and iotematleal mil. aE pl,F,ILED FROM Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-(38746/jde TEAM D o$'f FJ!zZ11 T- UNKNOWN TENANT OR TENANTS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL r ALLEY CARLISLE, PA 17013 County of P.Q. CUMBERLAND PS Form 3817, April 2007 PSN 7530.02.000-9065 Page 3 of 4 UNITED STATES POSTAL SERVICEe This c-ded0*f & I% w-dea wAdatea *k watau b4, pmaged to USPSO %r onw6: Thi and Iacmatimal maiL Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 jg? e, ara[v Bow?tes 0210 $ Bin !aO 0004282036 CCT20 2010 if'r IVAIMD' n! OMWCaDEJ7092 FCP-13874We TEAM D UNKNOWN SPOUSE PostmerkI*m 162 East Chapel Avenue a/Va 162 East Chapel Alley Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Forth 3817, April 2007 PW 7530-02-000-9065 TH1b N;.-., Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH NO.: 2010-33538 CERTIFICATES, SERIES 2006-FF2, Plaintiff, vs. Jenny R. Huber Defendant. NOTICE TO UENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU UNKNOWN SPOUSE Cumberland County Courthouse 162 East Chapel Avenue a/k/a 162 East Chapel One Courthouse Square Alley Carlisle, PA 17013 Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 UNKNOWN TENANT OR TENANTS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY CARLISLE, PA 17013 FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA 2150 NORTH STREET, SUITE 100 SAN JOSE, CA 95131 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC FCP-138746 138746DIO04CIO202010PI I TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 12/08/2010 at 10:00am, the following described real estate which Jenny R. Huber, single person are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 162 EAST CHAPEL. AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCP-138746 138746D1004C10202010P2 The said Writ of Execution has been issued on a judgment in the action of US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 Plaintiff vs. Jenny R. Huber, et al Defendant(s) at EX. NO. 2010-03538 in the amount of $61797.69 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 20, 2010 ZUCICEFtt"rCrrDB!.T& P;CIC.ERI+lIAN LLC Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA T.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-138746 (908) 233-8500; (908) 2.33-1390 FAX E-mail: Office@zuckerf),,oldberg.com Zucker, Goldberg & Ackerman, LLC FCP-138746 138746D1004C1O20201OP3 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. RHINESMIT14 SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RHINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, TRUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-2I-0320-116. Zucker, Goldberg & Ackerman, LLC Field2»-((Field1» « Field l »D 1004C02/12/2008P4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201101266 Recorded On 1/10/2011 At 11:29:23 AM * Total Pages - 5 * Instrument Type - DEED-SHERIFF'S Invoice Number - 80128 User ID - KW * Grantor - HUBER,, JENNY R * Grantee - FIRST FRANKLIN MORTGAGE LN TR SERIES 2006-1772 * Customer - SHERIFF " FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 Certification Page DO NOT DETACH This page is now part of this legal document. ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT CARLISLE BOROUGH $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA t. A RECORDER O D - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OQON2A i!! I?I?illll 11111!1 ?I I Ifl • lye Know all Men by these Presents ???IIYIII?INII Tax Parcel No. 03-21-0320-116 That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to US Bank National Association, as Trustee for the Holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 Writ No. 2010-3538 Civil Term US Bank National Association, as Trustee for the Holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 Vs Jenny R. Huber ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCHBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT, AT LANDS NOW OR FORMERLY OF JOHN PARK AT THE SOUTHERN RIGHT OF WAY LINE OF EAST CHAPEL AVE., 17,5 FEET, MORE OR LESS TO LANDS NOW OR FORMERLY OF CHARLES T. RHINESMITH; THENCE ALONG SAID LANDS OF CHARLES T. R.EINESMITH SOUTHWARDLY 103 FEET, MORE OR LESS TO LANDS FLOWER FORMERLY OF WILLIAM D. RFIINESMITH; THENCE ALONG SAME EASTWARDLY 17.5 FEET, MORE OR LESS, TO LANDS NOW OR FORMERLY OF JOHN PARK; THENCE ALONG SAID LANDS OF PARK NORTHWARDLY 103 FEET, MORE OR LESS TO THE RIGHT OF WAY OF EAST CHAPEL AVE., THE PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 162 EAST CHAPEL AVENUE AKA 162 EAST CHAPEL ALLEY, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MICHAEL C. DIEHL, 'T'RUSTEE FOR COLIN DIEHL, A MINOR UNDER DECLARATION OF TRUST, BY DEED DATED MAY 14, 2004 AND RECORDED MAY 14, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 263, PAGE 65, GRANTED AND CONVEYED UNTO JENNY R. HUBER, SINGLE PERSON. TAX MAP NO.: 03-21-0320-116. The same having been sold by me to the said grantee on the 8th day of December Axn7o Domini Two Thousand and Nine (2010) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 9"' of September Anno Domini 2010. out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 3538 at the suit of US Rank National Association, as Trustee for the Holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 -vs- Jenny R. Huber In Witness Whereof, I have hereunto affixed my signature this 3rd Anno Domini Two Thousand and Eleven (2011) Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 3rd day Of January Anno Domini Two Thousand and Eleven (2011) s f/ J ."Onotaty.Cumberla (?urrt? Carlisle. PA My Commfsaion Exoras a Flrst7rla+daY of Jan 2014 I hereby certify that the residence And Post Office address of the Within Grantee is 3815 South Temple Salt Lake City, UT 84115 Richard W. Stewart Solicitor day of January A. ZUCKER RCHAEL S. AC KERMAN ZUCKER, GOLDBERG & ACKERMAN, FOUNDED IN 1923 JOELACKERMAN• r LC AS ZUCKER&GOLDBERG FRANCFS GAMBARDELLA BRIAN C. MTCHOLAS A L ATTQRNEYS AT LAW 1918.1979) MAURICE J. ZUCKER LOUIS D. GOLDBERG 1923.19671 STEVEN D. KROL FRIC[R. PPARKER A ORD 200 SHEFFIELD STREET- SUITE 301 LEONARD H. 929-1979)) 11,949-1981 BENJA JANET V. KEYMETIAN m P.O. BOX 1024 DENISF CARLON A ANNIE CHA A MOUNTAINSIDE, NJ 07092-0024 Pennsylvania Office: MONIKA S. PUNDALIK CHRISTINE E. POTTER TELEPHONE: 908-233-8500 P.O. Box GSO Hershey, PA 17033 BRIAN W. BANASIAK FACSIMILE: 908-233-1390 RYAN S. MALC JENFE K. CICCARELLI A E-MAIL: office/?'?zucker oldber com Li $ g of COUNSEL: • ALSO MEMBER OF NY, PA AND CA BAR SCOTT A. DIETTERICK, ES Q. V 0 AI-SO MEMBER OF NY AND ME BAR For payoff/reinstatement figures KIMBERLY A. BONNER ES i? A ALSO MEMBER OF NY BAR Please send your request to. zuckdyoldberg.com/pr ESQ 0 JAIME R. ACKEftMA . m ALSO MEMBER OF MA AND ND BAR Y MEMBER OF PA BAR ONLY REPLY TO NEW JERSEY ADDRESS FCP-138746-EV December 22, 2010 Former Owner Article Certified And/or Tenant, Known or Unknown (s) at 162 E. Chapel Avenue AKA 162 East Chapel Alley 0 3901 9458 5507 9101 Carlisle, PA 17013 SENDERS RECORD RE: DEMAND FOR POSSESSION OF PROPERTY Dear Occupant: (s) On December 8, 2010 the property located at 162 E. Chapel Avenue Carlisle, PA 17013 was sold before the Courthouse door of Cumberland County, PA during the legal hours of sale. .You are hereby notified that possession is demanded by US Bank National Association, as trustee for the' holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2, which was the highest bidder at the sale, and now owns the property. If you are the former owner of the property, or the child, spouse, or parent of the former owner, and you do not immediately relinquish possession, dispossessory proceedings will be initiated in the Court of Cumberland County, PA to evict you. If you are a tenant of the former owner of the property, and not the child, spouse, or parent of the former owner of the property, you may be entitled to additional rights as provided in the Protecting Tenants at Foreclosure Act of 2009, including the right to remain in the property for 90 days from the date of receipt of this notice, before dispossessory proceedings are initiated against you. In order for us to determine on behalf, US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2 what rights you may have under the Protecting Tenants at Foreclosure Act of 2009, you must immediately forward to us the following: (a) a copy of your written lease (if an oral lease you must provide us a summary of the terms of your oral lease, including: the term of the lease, monthly rental amount, and all other relevant lease terms); (b) proof of your alleged monthly rental amount (proof may be in the form of a copy of your lease showing the rent amount, or, if an oral lease, copies of cancelled checks or money orders); (c) proof that all monthly rental payments due under the lease have been paid to date (proof may be in the form of copies of cancelled checks, money orders, or a signed statement from your landlord stating that you have paid your rent in full as required by your lease); (d) the names of all occupants of the Property who are over 18 years of age; and (e) 'Indicate whether you are a Section 8 tenant. "EXHIBIT B" Effective immediately, your rental payments must be made by money order, cashier's check, or certified check (00 NOT send cash or personal check), and should be made payable to: US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series, 2006-FF2 c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, 301 Mountainside, NJ 07092. On your Cashier's Check or Money Order, clearly indicate your Name and the Property Address, including your Apartment Number or Location. For any questions regarding your rights as a post-foreclosure tenant, contact Appropriate Eviction Processor at 908-233-8500, Ext. 375 Please note that you may wish to consult an attorney to help you determine what rights you may have, if any, under the Protecting Tenants at Foreclosure Act of 2009_ If you are an active member of the United States Armed Forces, you may be entitled to rights as provided in the Servicemembers Civil Relief Act, in such case, you or your attorney should contact this law firm immediately to determine if you fall under the protection of the Act. All questions regarding the property should be addressed to the following Agent: Bob Hoobler at Phone# 717-920-6400 Sincerely, ZUCKER, GOLDBERG & ACKERMAN, LLC Gamalielle Geffrard- ext. 375 T5NA1VT QUESTIONNAIRE Our File #: FCP-138746-EV PROPERTY ADDRESS: 162 E. Chapel Avenue AKA 162 East Chapel Aucy Carlisle, PA 17013 YOUR NAME (Please Print Clearly): TELEPHONE NUMBER WHERE YOU CAN BE EASILY REACHED: ( ) NUMBER OF PEOPLE LIVING WITH YOU: # ADULTS # CHILDREN NAME OF OTHER ADULTS LIVING WITH YOU, 1. 2. 5. 7. 3. 4. 6. 8. YOUR FLOOR/UNIT# DO YOU HAVE A LEASE? HOW LONG HAVE YOU LIVED AT THIS PROPERTY? HOW MUCH DO YOU PAY MONTHLY FOR RENT? DO YOU PAY FOR ANY UTILITIES? WATER GAS PSE&G WHO WERE YOU PAYING YOUR RENT TO? ARE YOU RELATED TO THE FORMER OWNER? DO YOU HAVE HELP FROM SECTION 8 OR OTHER AGENCY TO PAY YOUR RENT? NO YES IF YES, PLEASE PROVIDE COPY OF YOUR SECTION 8 CONTRACT AND NAME/TELEPHONE NUMBER OF YOUR CASE WORKER. ARE YOU INTERESTED IN RECEIVING INFORMATION ABOUT BUYING THIS HOME FROM THE NEW OWNER? (The price of the home would be based on fair market value and the current condition of the home). Yes, I am interested No, I do not want to buy. DO YOU PLAN TO MOVE OUT WITHIN THE NEXT: (please circle one) 15 days 30 days 60 days 90 days ARE YOU INTERESTED IN ENTERING INTO A MONTH TO MONTH LEASE AGREEMENT WITH THE NEW OWNER? -- Yes No Please check here if you have moved out I have moved out and removed all of my personal belongings- you may take possession of my unit. I moved out, but need to get back in to get the rest of my things- please contact me. Please sign and date this form here: Dated: g?Pes Pos 4" • UNITED STATES ? "V ?rN EY 6pWE5 - 02 1M $01-150 0004282036 DEC 23 2010 POSTAL SERVICEn MAILED FROM ZIP CODE 0 70'92 This ceoificsie or Mailing provides evidence that mail has been prexnied to USPS® for mailing This form mar .... ........... _„.._.._ and imemalional mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, N3 07092 XCP-138746-EV/gg'rEAM D T° Former Owner And/Or Current Occupant (s), Known or P ostmark Here Unknown at: 162 East Chapel Avenue &Wa 162 East Chapel Alley Carlisle, PA 17013 County of P.Q-: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 i r. 'f 701 3S G? LEONARD B. ZUCKER MICHAEL S. ACKERMAN JOEL ACKERMAN* FRAIMCESC,'AABARDELLA BRIAN C. NICHOLAS 0 STEVEN D. KROL CHRISTOPHER G. FORD ERIC R. PARKER A JANET V, KEYMETIAN n DENISE CARLON A ANNIE CHA A MONIKA S. PUNDALIK CHRISTINE E. POTTER BRIAN W. BANASIAK RYAN S. MALC JENEE K. CICCARELLI A * ALSO MEMBER OF NY, PA AND CA BAR 0 ALSO MEMBER OF NY AND ME BAR A ALSO MEMBER OF NY BAR oo ALSO MEMBER OF MA AND ND BAR 41 MEMBER OF PA BAR ONLY XCE-144379-EV ZUCKER, GOLDBERG & ACKERMAN, LLC ATTORNEYS AT LAW 200 SHEFFIELD STREET- SUITE 301 P.O. BOX 1024 MOUNTAINSIDE, N! 07092-0024 TELEPHONE: 908-233-8500 FACSIMILE: 908-233-1390 E-MAIL: office@zuckergoldberg.com For payoff `/reinstatement figures Please send your request to: zuckeigoldberg com/pr REPLY TO NEW JERSEY ADDRESS October 27, 2010 Former Owner And/or Tenant, Known or Unknown (s) at: 3343 Huntingdon Street Philadelphia, PA 19132 RE: DEMAND FOR POSSESSION OF PROPERTY Dear Occupant: (s) ESQ. 0 FOUNDED IN 1923 AS ZUCKER & GOLDBERG MAURICE J. ZUCKER 1918-1979 LOUIS D. GOLDBERG 1923-1967 LEONARD H. GOLDBERG 1929-1979 BENJAMIN WEISS 11949-19811 Pennsylvania Office: P.O. Box 650 Hershey, PA 17033 OF COUNSEL: SCOTT A. DIETTERICK, ESQ * KIMBERLY A. BONNER ESO. * JAIME R. ACK _ MATT, ? 5i!?7 5141., On October 5, 2010 the property located at 3343 Huntingdon Street Philadelphia, PA 19132 was sold before the Courthouse door of Philadelphia County, PA during the legal hours of sale. You are hereby notified that possession is demanded by NovaStar Mortgage, Inc., which was the highest bidder at the sale, and now owns the property. If you are the former owner of the property, or the child, spouse, or parent of the former owner, and you do not immediately relinquish possession, dispossessory proceedings will be initiated in the Court of Philadelphia County, PA to evict you. If you are a tenant of the former owner of the property, and not the child, spouse, or parent of the former owner of the property, you may be entitled to additional rights as provided in the Protecting Tenants at Foreclosure Act of 2009, including the right to remain in the property for 90 days from the date of receipt of this notice, before dispossessory proceedings are initiated against you. In order for us to determine on behalf, NovaStar Mortgage, Inc. what rights you may have under the Protecting Tenants at Foreclosure Act of 2009, you must immediately forward to us the following- (a) a copy of your written lease (if an oral lease you must provide us a summary of the terms of your oral lease, including: the term of the lease, monthly rental amount, and all other relevant lease terms); (b) proof of your alleged monthly rental amount (proof may be in the form of a copy of your lease showing the rent amount, or, if an oral lease, copies of cancelled checks or money orders); (c) proof that all monthly rental payments due under the lease have been paid to date (proof may be in the form of copies of cancelled checks, money orders, or a signed statement from your landlord stating that you have paid your rent in full as required by your lease); (d) the names of all occupants of the Property who are over 18 years of age; and (e) indicate whether you are a Section 8 tenant. Effective immediately, your rental payments must be made by money order, cashier's check, or certified check (DO NOT send cash or personal check), and should be made payable to: . , . NovaStar Mortgage, Inc. c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, 301 Mountainside, NJ 07092 On your Cashier's Check or Money Order, clearly indicate your Name and the Property Address, including your Apartment Number or Location. For any questions regarding your rights as a post-foreclosure tenant, contact Appro iate Eviction Processor at: 906-233-8500 Ext. 375 . Please note that you may wish to consult an attorney to help you determine what rights you may have, if any, under the Protecting Tenants at Foreclosure Act of 2009. If you are an active member of the United States Armed Forces, you may be entitled to rights as provided in the Servicemembers Civil Relief Act. In such case, you or your attorney should contact this law firm immediately to determine if you fall under the protection of the Act. All questions regarding the property should be addressed to the following Agent: Sincerely, ZUCKER, GOLDBERG & ACKERMAN, LLC Gamallelle Geffrard- ext. 375 TENANT QUESTIONNAIRE Our File #. XCE-144458-EV AROPERTYADDRESS: 3343 Huntingdon Street Philadelphia, PA 19132 YOUR NAME (Please Print Clearly): TELEPHONE NUMBER WHERE YOU CAN BE EASILY REACHED: NUMBER OF PEOPLE LIVING WITH YOU: # ADULTS # CHILDREN NAME OF OTHER ADULTS LIVING WITH YOU: 1. 2. S. 7. 3. 4. 6. 8. YOUR FLOOR/UNIT# DO YOU HAVE A LEASE? HOW LONG HAVE YOU LIVED AT THIS PROPERTY? HOW MUCH DO YOU PAY MONTHLY FOR RENT? DO YOU PAY FOR ANY UTILITIES? WATER GAS PSE&G WHO WERE YOU PAYING YOUR RENT TO? ARE YOU RELATED TO THE FORMER OWNER? DO YOU HAVE HELP FROM SECTION 8 OR OTHER AGENCY TO PAY YOUR RENT? NO YES IF YES, PLEASE PROVIDE COPY OF YOUR SECTION 8 CONTRACT AND NAME/TELEPHONE NUMBER OF YOUR CASE WORKER. ARE YOU INTERESTED IN RECEIVING INFORMATION ABOUT BUYING THIS HOME FROM THE NEW OWNER? (The price of the home would be based on fair market value and the current condition of the home). Yes, I am interested No, I do not want to buy. DO YOU PLAN TO MOVE OUT WITHIN THE NEXT: (please circle one) 15 days 30 days 60 days 90 days ARE YOU INTERESTED IN ENTERING INTO A MONTH TO MONTH LEASE AGREEMENT WITH THE NEW OWNER? Yes No Please check here if you have moved out I have moved out and removed all of my personal belongings- you may take possession of my unit. I moved out, but need to get back in to get the rest of my things- please contact me. Please sign and date this form here: Dated: VERIFICATION Scott A. Dietterick, esquire hereby states that he is attorney for Plaintiff in this matter. That Plaintiff is outside the jurisdiction of the court and or the Verification could not be Obtained within the time allowed for the filing of the pleading, that he is authorized to Make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action Complaint In Ejctement are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a Verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties Of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Scott A Dietterick, EsquirePA I.D.. 455650 Kimberly A. Bonner, Esquire- PA l.D. Joel A. Ackerman- PA I.D. 9202729 Ashleigh L. Levy- PA I.D. #306799 ' Dated: 1 I i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Serie: 2006-FF2, Plaintiff, vs. Jenny R. Huber Defendant. CIVIL DIVISION NO.: 2011-01217 U,)r -- LD -4c:) C) v c- -v c) o --n =F ZG rQ O PRAECIPE TO SUBSTITUTE VERIFICATION PURSUANT TO PaR.C.P. 1024(c) To the Prothonotary: Please substitute the Verification of Co sel attached to iff's Complaint in the above captioned-matter with the attached Verifi tion P ' t' f. ZUCKER, B G A RfAAN, LLC BY: Dated: February 8, 2011 Scott . Die terick, Esquire; PA I.D. #55650 Kimbe Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. 4202729 Ashleigh L. Levy, Esquire; PA I.D. 4306799 Attorneys for Plaintiff FCP-138746/gg 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VERIFICATION Adam Shields, Document Control Officer I, , (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: US Bank National Association, as trustee for the holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Thr ugh c es, S 2 2 Name- Title: Our File No: Loan No.: Borrower Name: 138746-EV 0011552163 Jenny R. Huber Zucker, Goldberg & Ackerman, LLC XCP-138746-EV 138746-EVQ1002C01212011P8 4. RECORDING REQUESTED BY: Select Portfolio Servicing, Inc. Document ControIDepartment P.O. Box 65250 Salt Jake City, UT 84165-0250 SPACE ABOVE THIS LINE FOR RECORDER'S USE LIMITED POWER°OF ATTORNEY U.S. BANK NATIONAL Assoculaox ("U.S. Bank'), a national banking association organized and existing under the laws of the United States of A.taerica, with an office at 180 East Fifth Street, Corporate Trust, 2nd Floor, St Paul, MN 55101 hereby constitutes and appoints SELECT Poiiwouo Stttevtpmtc, b;C. ("SPS"), and in its name, aforesaid Attomcy-litiFact, by and through any officer appointed by the Board of Directors of SPS, to execute and acknowledge in writing or by facsimile stamp all documents ,cuatomarily and reasonably necessary and appropriate for the tasks described is the items (1) through (4) beiov, provided, however, that the documents described below may only be executed and delivered by such Attomeys-In Fact if such documents are required or permitted under the terms of the Seamtization Servicing Agreement dated as of February 1, 2006, among SPS, successor servieer to National City Horne Loan Services, Inc., as Servicer, Lehman Brothers Holdings Inc., as Seller, Aurora Loan Services LLC, as Master Servioer, and U.S. Bank, as Trustee, relating to First Franklin Mortgage Loan Trust Mortgage Psss-Through Certificates, Series 2006-M and no power is granted hereunder to take any action that would be adverse to the interests of the Trustee. This Limited Power of Attorney is being issued in connection with SPS's responsibilities to service certain mortgage loans (the "Loanel held by U.S. Bank in its capacity as Trustee. These Loans are comprised of Mortgages, Deeds of Trust, Deeds to Secure Debt and other form of Security instruments (collectively, the "Security Instruments!) and the Notes secured thereby. Demand, sue for, recover, collect and receive each and every sum of money, debt, account and interest (which now is, or hereafter shall become due and payable) belonging to or claimed by U.S. Bank, and to use or tape any lawful means for recovery by legal process or otherwise. Transact business of any kind regarding the Loans, and obtain an interest therein and/or building thereon, as U.S. Bank act and deed, to contact for, purchase, receive and take possession and evidence of title in and to the property and/or to secure payment of a promissory note or performance of any obligation or agnc=nt Execute bonds, notes, mortgages, deeds of trust and other contracts, agreements and instruments regarding the Borrowers and/or the Property, including, but not limited to, the execution of releases, satisfactions, assignments, sud other insrments pcrtauui ag to mortgages or deeds of trust, and execution of deeds and associated instruments, if any, conveying the Property, in the interest of U.S. Bank_ 4. Endorse on behalf of the undersigned all checks, drafts and/or other negotiable instruments made payable to the undersigned . The Trustee shall be entitled to the indemnification provided by the Servicer in the Pooling and Servicing Agreement as if set forth herein in connection with the actions of the Servicer under this Limited Power of Attorney. WITNESS my hand and seal this 17'h day of October 2008. Witness: D Witness: Joan CUbb Attest Paul J. Gobin, Account Administrator U.S. Bank tioud soci , as Trustee' By: J B Vice Presi de?- By: vid clos, , Vice resident FOR CORPORATE ACKNOWLEDGMENT State of Massachusetts County of Suffolk On this 172' of October 2008, before me, the undersigned,' a Notary Public in and for said County and State, personally appeared Jams H. Byrnes and David Duclos, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President and Vice President of U.S. Bank National Association, and known to me to be thepetson who executed the within instrument on behalf of the corporation therein named, and acknowledge to me that such corporation executed the within iastnrment pursuant to its by-laws or a resolution ofits Board of Directors. offic" 60M. 4 WITNESS my hand and ate`gpA ('U {otiV tt.$ Signature: Y uo i - off/ My commission expir /1112014 s -s,"L? ROftato 1' pll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH NO.: 2011-01217 CERTIFICATES, SERIES 2006-FF2, Plaintiff, vs. Jenny R. Huber Defendant. PRAECIPE TO REINSTATE COMPLAINT IN-EJECTMENT TO THE PROTHONOTARY: Please mark the Complaint In-Ejectment filed at the above-captioned term and number reinstated. G - --t rn '10 - C Zr N n c- -- G TUCKER, GOLDB RG & CKER AN, LLC BY: Dated: February 18, 2011 Scott A. Dietteri , Esquire; PA I.D. 455650 Kimberly A. Bonner, Esquire; PA I.D. 489705 Joel A. Ackerman, Esquire; PA I.D. 4202729 Ashleigh L. Levy, Esquire; PA I.D. 4306799 Attorneys for Plaintiff FCP-l 38746-EV/gg 200 Sheffield Street, Suite 101 Mountainside. NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com OL.0 il6 06 t'd atkr 55 U 01 ws' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??3ttttt, of 41P1r1?iP??/??? 4? _ T Richard W Stewart Solicitor US Bank National Association vs. Jenny R. Huber Case Number 2011-1217 SHERIFF'S RETURN OF SERVICE 02/25/2011 02:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2011 at 1425 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Jenny R. Huber, by making known unto herself personally, at 162 E. Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 28, 2011 NOAH CLINE, DEPUTY SO ANSWERS, RON Y R ANDERSON, SHERIFF .,.? Cou!ify ?.iite S^e ff. Te eosoft. I %-. W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF VS. No. 11-1217 Civil Term JENNY R. HUBER, Costs Attorney's $ 173.40 Plaintiff s $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF, 3815 SOUTH TEMPLE, SALT LAKE CITY, UT 84115 being: (Premises as follows): 162 EAST CHAPEL AVENUE, CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. David D uell, Protho tary, Common Pleas Court o Cumberland County, PA Date April 4, 2011 (Seal) 2of2 No 11-1217 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF VS. JENNY R. HUBER WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 173.40 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SCOTT A. DIETTERICK, ESQUIRE, ZUCKER GOLDBERG & ACKERMAN, LLC, 200 SHEFFIELD STREET, SUITE 101, MOUNTAINSIDE, NJ 07092 t#9o?-a33-SAC) Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as trustee for the j holders of the First Franklin Mortgage Loan Docket No.: 2011-01217 ' Trust Mortgage Pass-Through Certificates, Series 2006-FF t'?i Execution No.: - Plaintiff, rn v 1 cn r" ? ?-? Vs. -<> . - r- C) C Cl. j r . . Jenny R. Huber Defendant. ' PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary of Cumberland County: Please issue a Writ of Possession in the above-referenced matter for Plaintiff's possession of the;real property known and numbered as 162 EAST CHAPEL AVENUE, CARLISLE, PA 17013 and more particularly described on Exhibit "A" attached hereto. ZUCKER GOt'DBE0 & ACKERMAN, LLC Dated: March 28, 2011 50 tSO 'tu Vol u u pc1 ?t BY: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-1 3 8746-EV (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-138746-EV a57 ----------- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?d?ttl? G? ?tt#Ibp?f??? 'F 5 '-E ?i - -»R;?F FILED-OFFICE OF THE PPOTHONOTARY 2011 APR 12 AM 9: 13 CUMBERLAND COUNTY PENNSYLVANIA US Bank National Association Case Number vs. Jenny R. Huber 2011-1217 SHERIFF'S RETURN OF SERVICE 04/08/2011 02:55 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2011 a 1455 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Jenny R. Huber, by making known unto Jenny R. (Huber) Richwine, personally, at 162 E Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $36.00 SO ANSWERS, April 11, 2011 RON R ANDERSON, SHERIFF T' ack, Deputy io CountySuite Sheriff, Teleosoft, Inc