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HomeMy WebLinkAbout11-3996This is a non-jury matter Assessment of Damages Hearing not required Not arbitration matter UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Citibank N.A. as Successor Trustee '--COURT OF COMMON PLEAS for the holders of MASTR Adjustable : CIVIL DIVISION Mortgages Trust 2007-HF2 in a : CUMBERLAND County Securitization Transaction Pursuant to Pooling and Servicing Agreement dated r? ?; as of July 1, 2007 NO. 11,31 1661 Worthington Road West Palm Beach, FL 3341 6 ' ; Plaintiff U?'D a v C)i -A n v. John Doe and/or Tenant/Occupant -y ? © 328 Old Stone House Road Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION COMPLAINT IN EJECTMENT 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 'Quo '?Sol (p AVISO Le han demandado a usted en la corte. Si usted quiere defenderse 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 notificacion. Hace falta ascentar 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 avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9107 1. Plaintiff is the corporation or individual named on the caption, and whose address or principal office appears in the caption. 2. Defendant (s) are those named as such on the caption, and occupy the premises (hereinafter "Premises") which address is set forth on the caption. 3. Premises, a legal description of which is attached hereto, was sold at Sheriff's Sale in accordance with law on March 2, 2011, and Plaintiff became owner thereof as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof. A true and correct copy of the deed in favor of Plaintiff is attached hereto as Exhibit "A". 4. The person(s) in possession of Premises are the Defendant(s) herein, and are occupying Premises without right or claim to title. 5. Plaintiff has demanded possession of Premises from Defendant (s) who have refused to deliver up the possession thereof. WHEREFORE, Plaintiff demands judgment for immediate possession of Premises, issuance of a Writ of Possession and a judgment of its costs and disbursement in this action. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF Daniel S. Siedman, Esquire PA ID 306534 VERIFICATION The undersigned an attorney for the Plaintiff and is authorized to make this verification. I verify that the facts set forth in the foregoing pleading are true and correct to the best of my information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Daniel S. Siedman, Esquire PA ID 306534 DATED: April 25, 2011 qqsa ? Know all Men by these Presents Tax Parcel No. 22-28-2401-017 11(1!10.D iii 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 Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 Writ No. 20094560 Civil Term Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a SecuritizationTransaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 Vs Timothy F. Straub Calvin W. Williams, III ALL THAT CERTAIN lot or piece of land situate in the Village of Churchtown, Monroe Township Cumberland County, Pennsylvania, bounded and described in accordance with a Survey and Plan thereof made by William B. Whittock, Professional Engineer, dated May 29,1969, as follows: BEGINNING at a point on the western line of Main Street, said point being one hundred thirty-four (134) feet Southeast of the southeastern line of West Street; thence along the western line of Main Street, South 24 degrees 30 minutes East, ninety-nine and forty hundredths (99.40) feet to the northern line of a ten (10) feet wide alley; thence along the same, South 65 degrees 30 minutes West, forty-two and seventy-four hundredths (42.74) feet to an angle therein; thence continuing along the same, South 38 degrees 24 minutes 45 seconds West, one hundred forty-nine and seventy-nine hundredths (149.79) feet to a corner of land now or late of Sarah Liggett; thence along said land, North 27 degrees 49 minutes West, one hundred sixty- seven and fifty hundredths (167.50) feet to a corner of land now or late of Mrs. K. Lucas; thence along said land, North 65 degrees 30 minutes East, one hundred eighty-six (186) feet to the point and place of Beginning, DWELLING KNOWN AS 328 S. OLD STONE HOUSE ROAD, BOILING SPRINGS, PA 17007. IDENTIFIED as TAX/PARCEL ID#: 094560 CIVIL TERM in the Deed Registry Office of Cumberland County, Pennsylvania. Being the same premises conveyed to Timothy F. Straub and Calvin W. Williams, III, as joint tenants with the right of survivorship, by Deed of Gary J. Loper and Marjorie A. Loper, his wife, dated 2/28/2005 and recorded 3/2/2005 in Cumberland County Deed Book 267, page 3840. The same having been sold by me to the said grantee on the 2nd day of March Anno Dom.ini Two Thousand and Eleven (2011) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 16th of August Anno Domini 2010 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 4560 at the suit of Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a SecuritizationTransaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 vs- Timothy F. Straub And Calvin W. Williams, III In Witness Whereof, I have hereunto affixed my signature this 17 th day March Anno Domini. Two Thousand and Eleven (2011) X - - - y Anderson, Sheriff 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 17 th day of March Anno Domini Two Thousand and Eleven (2011) {4a 1:4t?t€"slf? ti a Y ?? )JI11.1c` ftokn*Wy GaamkaiOnC 8g7i?6R 1h8 W6tt Mft Y Of Jan. 2014 I hereby certify that the residence And Post Office address of the Within Grantee is 1661 Worthington Road West Palm Beach, FL 33409 .a Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 71.7-240-6370 Instrument Number - 201109952 Recorded On 4/1/2011 At 9:53:31 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 84668 User ID - MSW * Grantor - STRAUB, TIMOTHY F * Grantee - MASTR * 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 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT MONROE TOWNSHIP $0.00 TOTAL PAID $63.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D ;DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. nIRIIII0027PK IIB r FILE OF THE PROTHS,43?,...: HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANTS I I KAY 26 F CUMBERLAND COUNT '41 PENNSYLVANNIA CITIBANK NA, as Successor Trustee : IN THE COURT OF COMMON PLEAS OF For the holders of MASTR Adjustable : CUMBERLAND COUNTY, PENNSYLVANIA Mortgages trust 2007-HF2 in a Securiithation Transaction Pursuant to: Pooling and Servicing Agreement : CIVIL ACTION - LAW dated as of July 1, 20070 Plaintiff VS. : NO. 2011 - 3996 CIVIL TERM RAYMOND J. ALLEN and JOHN HITCHCOCK, AKA JOHN DOE and/or TENANT / OCCUPANT, : Defendants NOTICE TO PLEAD TO: CITIBANK NA C/O UDREN LAW OFFICES PC 111 WOODCREST RD STE 200 CHERRY HILL NJ 08003 YOU ARE HEREBY NOTIFIED that you must plead to the within NEW MATTER within twenty (20) days after service, or a default judgment may I* entered against you. HAROLD S. IRWI , III Attorney for Defen 1 64 South Pitt Street Carlisle, Pennsylvania 17013 717-243-6090 Supreme Court I.D. No. 29920 CITIBANK NA, as Successor Trustee : IN THE COURT OF COMMON PLEAS OF For the holders of MASTR Adjustable : CUMBERLAND COUNTY, PENNSYLVANIA Mortgages trust 2007-HF2 In a Securltlzatlon Transaction Pursuant to: Pooling and Servicing Agreement : CIVIL ACTION - LAW dated as of July 1, 2007; : Plaintiff Vs. : NO. 2011 - 5996 CIVIL TERM RAYMOND J. ALLEN and JOHN HITCHCOCK, aka JOHN DOE and/or TENANT / OCCUPANT, : Defendants : IN EJECTMENT DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT IN EJECTMENT NOW, come the defendants, by their attorney, Harold S. Irwin, III, Esquire, and respond to plaintiffs complaint, representing as follows: 1. The averments of paragraph one of plaintiff's complaint are admitted. 2. The averments of paragraph two of plaintiffs complaint are admitted. By way of further response, the actual names of defendants are Raymond J. Allen and John Hitchcock. 3. The averments of paragraph three of plaintiffs complaint are denied by reason that after reasonable investigation defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded; if relevant. By way of further response, the document attached as Plaintiff's Exhibit "A" speaks for itself. 4. The averments of paragraph four of plaintiffs complaint are conclusions of law to which no response is required. By way of further response, defendants have occupied the premises by virtue of written leases executed in September, 2009 and January, 20Q9, respectively= 5. The averments of paragraph five of plaintiffs complaint are admitted. WHEREFORE, defendants request that plaintiff's complaint be dismissed and that judgment be entered on behalf of the defendants and against the plaintiff. NEW MATTER 6. Defendants' responses to plaintiff's complaint, paragraphs one through five inclusive, are incorporated herein by reference as if fully set forth at length. 7. Defendants occupy the premises by virtue of written leases executed in September, 2009, and January, 2009, respectively. Copies of these leases are incorporated herein by reference and attached hereto as defendants' Exhibits °A" and B ". 8. Defendants were not offered a continuation of those leases, given notification that the leases were due to terminate, nor given any notice to vacate the premises prior to being served by the sheriff with the complaint in this matter. 9. Plaintiff failed to give defendants proper notice of the sheriff sale pursuant to Rule 3129, which provides, inter alia, that every other person who has any interest in or record lien on the property and whose interest may be affected by the sale and every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale must be notified of the impending sheriff sale prior to the sale. 10. Defendants have not broken any of the provisions of their leases and have continued to properly maintain the premises since their respective occupancy dates. WHEREFORE, defendants request that plaintiffs complaint be dismissed and that judgment be entered on behalf of the defendants and against the plaintiff. May 26, 2011 HAROLD S. IRWIN, Attorney for Defeni Supreme Court ID No. 29920 VERIFICATION I verify that I am one of the defendants in this action and that the facts contained in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to authorities. May 26, 2011 2. 1-2 44f-t? RAM D J. AL EN CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer, new matter, and counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: DANIEL S SIEDMAN ESQ UDREN LAW OFFICES PC 111 WOODCREST RD STE 200 CHERRY HILL NJ.08003 May 26, 2011 HAROLD S. IRWIN, Attorney for Defeni 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 RESIDENTIAL LEASE AGREEMENT ??i/9•'??'' -------------- THIS 1S A RESIDENTIAL LEASE. EACH TENANT SHOULD READ THIS LEASE 13 zq CAREFULLY. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. 1. , NAMES OF LANDLORD AND TENANT(S) Name of the Landlord Timothy Straub and Calvin Williams Name of the tenant(s) n ,n 2. LEASED PROPERTY The leased property lb the place that landlord agrees to lease to tenant. The leased property is 3. STARTING AND ENDING DATES OF LEASE AGREEMENT This lease starts on flzr'- This lease ends on 9A S - g ? 3a 4. RENT The amount of rent is .S .. Tenant agrees to pay the monthly rent in, advance on or before the L_ day of each month. Landlord does not have to. ask (MAKE DEMAND UPON) tenant to pay the rent. Tenant agrees to pay rent by first class mail postage prepaid or in person to landlord at the place specified by landlord. Tenant agrees to pay a LATE CHARGE of $25.00 as of the 60 of the month If tenant does not pay the rent on time. If tenant malls the rent to landlord, the date of payment will be the date the letter is postmarked. 5. SECURITY DEPOSIT Tenant agrees to paya security deposit of S '7 15. Tenant agrees to pay the- security deposit to landlord before the lease starts and before landlord gives possession of the leased property to tenant. Landlord can take money from the security deposit to pay for any damages caused by tenant tenant's family and tenant's guests. Landlord may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent, landlord agrees to send to tenant any security deposit money left over. Landlord will send the remaining security deposit money to tenant no later than 30 days after the lease ends and tenant leaves. Landlord also agrees to send to tenant a written list of damages and amounts of money taken from the security deposit. Page 2 Tenant agrees to give landlord a written forwarding address when tenant leaves and the lease ends. Tenant may not use the security deposit as payment of the last month's rent. 6. ' LANDLORD'S DUTY AT THE START OF THE LEASE Landlord agrees to give tenant possession of the leased property on the starting date of the lease. The lease will start even if landlord cannot give tenant possession of the leased property because the prior tenant is still in the leased property or the leased property Is damaged, IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PROPERTY TO TENANT. 7. , DAMAGE TO LEASED PROPERTY Tenant agrees to notify landlord immediately if the leased property Is damaged by fire or any other cause. Tenant agrees to' notify landlord If there Is any condition in the leased property that could- damage the leased property or harm tenant or others. _ If tenant cannot live In the whole leased property because it Is damaged or destroyed, tenant may. 1. live in the undamaged part of the leased property and pay less rent until the leased property Is repaired. OR 2. end the lease and leave the leased property. Tenant agrees that If the leased property Is damaged or destroyed and tenant ends the lease, landlord has no further responsibility to tenant. 8. INSURANCE Landlord agrees to have Insurance on the building where the leased property is located. Tenant's own property Is not Insured by landlord's Insurance. Tenant Is responsible for tenanrs own property that is located in the leased property. 9. , TRANSFERS BY TENANT Tenant agrees not to. transfer this lease to anyone also without the written permission of landlord. Tenant agrees not to lease all or any part of the leased property to anyone else without written consent of landlord. Tenant agrees that If tenant transfers this lease or leases all or a part of the leased property to another, tenant has broken this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people that is the fault of landlord or people employed by landlord at the leased property. Tenant Is responsible for all damage to the leased property and injury to people caused by tenant, tenant's family or guests. Tenant agrees that landlord is not responsible to tenant, tenant's family or guests for damage or injury caused by water, snow or ice that comes on the leased property unless the landlord was at fault. Page 3 11. USE OF LEASED PROPERTY Tenant agrees to use the leased property only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased property. Tenant agrees not to store any flammable or dangerous things In or around the leased property. Tenant agrees not to do anything in or around the leased property which could harm anyone or damage any property. Tenant agrees that tenant will not allow more than people to live in the leased property without written permission of landlord. 12. RULES AND REGULATIONS Tenant agrees to obey all rules and regulations for the leased property. If tenant breaks any rules or regulations for the leased property, tenant breaks this lease. 13. LANDLORD'S RIGHT TO PUT A MORTGAGE ON THE LEASED PROPERTY Tenant agrees that landlord has the right to put a mortgage on the leased property. U landlord 'has a mortgage on the leased property now, or If landlord gets a mortgage later, tenant agrees that this lease Is lower in right to the mortgage that the landlord has put on the leased property. 14. CARE OF LEASED PROPERTY Tenant is responsible for, and will take good care of the leased property and all of the property In and around the leased property. Tenant agrees to pay for any damage which , Is the fault of tenant, tenant's family and tenanrs guests. Tenant agrees to move out and give back the leased property to landlord when the lease ends. 15. LANDLORD'S RIGHT TO ENTER LEASED PROPERTY Tenant agrees that landlord and people working for landlord may go Into the leased property at reasonable times. Landlord and people working for landlord may inspect, make repairs, do maintenance, and show the leased property to others. 16. UTILITY SERVICES Landlord and tenant agree to pay for the charges for utlllties and services supplied to the leased property as follows: Television or Cable Electric to Property Water Service , Natural Gas 7.0 i L Refuse Collection Lawn Maintenance Snow and Leaf Removal Water Softener Charges Sewer Charges Parking Fee Pest Control Charges Other jv*x. r UO+A"-r LL LL LI.,_ LL LL LL Page 4 Landlord has the right to turn off service to the leased property In order to make repairs or to do maintenance. 17. WHAT HAPPENS IF TENANT BREAKS ANY AGREEMENTS IN THIS LEASE When tenant does not do something that tenant has agreed to do, tenant breaks this lease. , If tenant breaks this lease, tenant may lose tenanrs security deposit. If tenant breaks this lease, landlord also can sue tenant for other expenses and may go to court to remove tenant from the leased property. _ If there is only one tenant on this leased, then the landlord can only sue one tenant for that tenant's breaking the agreements made in this lease. If there is more than one tenant, then the landlord can sue all tenants together as a gip. Tenant breaks this lease if tenant: 1. does not pay rent or other charges to landlord on time 2. leaves the leased property before the end of the lease 3. does not leave the leased property at the end of the lease 4. does not do all of the things that tenant agreed to do In this lease if tenant breaks the lease, each tenant agrees to give up the right to have a notice to leave, also known as a notice to quit. This means that the landlord may file a lawsuit in court asking for a court order evicting each tenant from the leased property without giving each tenant notice to quit first. Landlord does not have the right to throw tenant out of the leased property. The landlord can evict tenant only by court action. The landlord does not have the right to sue In court for eviction unless a tenant has broken the agreements in'this lease. Even though each tenant is gives up notice to quit, each tenant will have a chance in court to have a judge decide on landlord's claim for eviction. If tenant breaks the lease agreement, the landlord may sue each tenant in court: 1. To collect overdue rent, late charges and money damages caused by tenant's breaking the agreements in the lease. 2. To get the leased property back (eviction). 3. To collect for unpaid rent until the end of the lease or until another person moves into the leased property as a new tenant. If landlord wins a lawsuit against tenant, landlord can use the court process to take tenant's personal goods, furniture, motor vehicles and money in barks. Tenant agrees that landlord may receive reasonable attorney's fees as part of a court ruling In a law suit against tenant for breaking the agreements of this lease. Page 5 18. SPECIAL CONDITIONS The Attorney General has not pre-approved any special conditions/additional terns added by the landlord or tenant after the plain language pre-approval of this contract. By signing this lease agreement each tenant agrees that the tenant has read and understands all of the agreements In this lease. Date signed by landlord(s) AV Landlord(s) ` , ? ?s . Date signed by tenant(s) 1 Tenant(s) i THIS LEASE HAS BEEN PRE APPROVED BY THE OFACE OF THE ATTORNEY GENERAL OF PENNSYLVANIA Utility Addendum to Lease All utilities (as required for tenant to pay) must be in tenant's name within, three 3 da signing lease or lease may be voided and securit Ys of d i y epos t may be forfeited. Utilit Phone Nu ber Verizon ' 800-660-7111 PPL - electric - 800-342-5775 UGI- gas 717-232-1811 PAWC -water 800-717-7292 Waste Management - trash 800-634-4595 Comcast - cable & internet 717-243-4918 Met Ed 800-545-7741 Oil Comua„ieQ rc»oe.ed; Shipley Energy 717-697-9096 F-shenaur's Fuels 717-236-5031 Keystone. Oil 717-737-3451 By signing below, I agree to the above. This addendum is herby included as lease. part of the original Tenant ignature r D Date Tenant Land ord Signature Date 9? Date 4 i? 99x1 __ Addendum to Lease L Rent is due on or before the 1" of each month. 2. Rent is late at 5:00 p.m. an the S* of each month. Late fees are posted at 5:00 p.m. as of the 5w. 3. ' If not paid (with late fees), eviction process will start on the I i * of the month. 4. Payments to be made by check or money order made payable to Tim Straub or Cal Williams, III 5. Payments to be mailed or delivered to 157 S. 32" St., Camp Hill, PA 17011 6. Tenant is responsible for keeping property in clean condition. 7. Tenant is responsible for all minor repairs that they cause (under $100.00); this includes replacing all light t and smoke detector batteries. 8. If tenant is paying heat and allows the furnace to run dry; tenant is responsible for all repair costs involved. 9. Any work or alteration to the property must be approved by landlord ahead of time. 10. If applicable, tenant is required to keep exterior and yard in well-kept condition. 11. No pets allowed unless previously authorized by landlord. 12. All utilities must be in tenant's name within 3 days of signing lease. 13. All local ordinances regarding noise must be obeyed as well as water usage and any other ordinance passed applicable municipality. 14. There will be a $20.00 lost key charge. 15. Thera will be a $50.00 after hours charge if you lock yourself out of your apartment. During business hour try to accommodate you, if possible. If we are unavailable, you will' need to call Duty's Lock & Key at 717-761-6337 and you assume all responsibility for charges. 16. It is tenant's responsibility to notify landlord immediately upon any change in phone numbers. If landlord not have current phone number or a phone is disconnected and no new number has been given, it constitut violation of the lease. 17. Tenants must supply management with accurate phone numbers at ALL times, if phones are disconnected management cannot get in touch with tenant that is a violation of the lease. 18. If heat is included with your rent, tampering with the thermostat is a violation of the lease. 19. No smoking inside apartment. 20. This property or its management has no affiliation with Straub & Associates Real FAtate GrOup,.tne. By signing below all parties agree to the above terms and the above terms are hereby added as an enforceable part Tenant Signature Tenant S1MWW,7/ Signature '1%Lt* Date Date Date EXHIBIT "B" MAY-25-2011(WEO) 03:56 P.002/006 RESIDENTIAL LEASE AGREEMENT THIS 18 A RESIDENTIAL LEASE. EACH TENANT SHOULD READ THIS LEASE CAREFULLY. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS, IN THIS LEASE. 1. NAMES OF LANDLORD AND TENANT(S) Name of the' Landlord Gd w' ll?a?`S Name of the Tenant(s) fdko% Hit4tock ? kwK,? Cn?C?? a 2. LEASED PROPERTY The leased property Is the place that landlord agrees to lease to tenant. The lowed property is 3a* Old v'o,.w, ;w4jl , t 0;L 3. STARTING AND ENDING DATES OF LEASE AGREEMENT This lease starts on da o, `S 14 ape 1 This lease ends on Fel 4 x,01 4. RENT The amount of rent is 3 '' anant agrees to pay the monthly rent in advance on or before the 1 st day of each month. Landlord does not have to ask (MAKE DEMAND UPON) tenant to pay the rent. Tenant agrees to pay rent by first ale" mall postage prepaid or in person to Isndlord at the place spwA*d by landlord. Tenant agrees to pay a LATE CNARQE d 10li of rent amount as of the 61h of the month if tenant does not pay the rent on time. If tenant malls the rent to landlord, the date of payment will be the date the letter is postmarked. See # 17 regarding Heat Clause. 5. SECURITY DEPOSIT ?v ?i1??10 Tenant agrees to pay a security deposit of 0 Total of S G 4{? Tenant agrees to pay the security deposit to landlord before the lease starts and before landlord gives possession of the leased property to tenant. Landlord can take money from the security deposit to pay for any damages caused by tenant, tenant's family and tenant's guests. Landlord may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent, landlord agrees to send to tenant any security deposit money left over. Landlord wNY rind tho rernaLnlno aecut*v denosk mmneu to tenant no later than -10-dm after the lease ends and tenant loaves. Landlord also agrees to send to tenant a written list of damages and amounts of money taken from the security deposit. MRY-25-2011(WEO) 03:56 P. 003/006 Tenant agrees to give landlord a written fonivarding address when tenant leaves and the lease ends. Tenant may not use the security deposit as payment of the last month's rent. 6. LANDLORD'S DUTY AT THE START OF THE LEASE Landlord agrees to give tenant possession of the leased property on the starting date of the lease. The lease will start even if landlord carrot give tenant possession of the leased property because the prior tenant is still In the leased property or the leased property is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PROPERTY TO TENANT. 7. DAMAGE TO LEASED PROPERTY Tenant agrees to notify landlord immediately if the leased property Is damaged by fire or any other cause. Tenant agrees to notify landlord H there is any condition In the leased property that could damage the leased property or harm tenant or others. If tenant cannot live in the whole leased property because it Is damaged or destroyed, tenant may: 1. Live in the undamaged part of the leased property and pay less rent until leased property is repaired. OR 2. End the lease and Issue the leased property. Tenant agrees that if the leased property is damaged or destroyed end tenant ends the lease, landlord has no further responsibility to tenant, 6. INSURANCE Landlord agrees to have insurance on the building where the leased property Is located. Tenant's own property Is not Insured by landlord's Insurance. Tenant is responsible for tenant's own property that is located in the leased property. 9. TRANSFERS BY TENANT Tenant agrees not to transfer this lease to anyone else without the written permission of landlord. Tenant agrees not to lease all or any part of the leased property to anyone else without written consent of landlord. Tenant agrees that if tenant transfers this lease or leases all or a part of the leased property to another, tenant has broken this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people that is the fault of landlord or people employed by landlord at the leased property. Tenant Is responsible for all damage to the leased property and injury to people caused by tenant, tenant's family or guests. MAY-25-2011(WED) 03:56 P. 004/006 Tenant agrees that landlord is not responsible to tenant, tenant's family or guests for damage or injury caused by water, snow or ice that comes on the leased property unless the landlord was at fault. 11. USE OF LEASED PROPERTY Tenant agrees to use the leased property only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased property. Tenant agrees not to store any flammable or dangerous things in or around the leased property. Tenant agrees not to do anything in or around the leased property which could harm anyone or damage any property. Tenant agrees that tenant will not allow more than person(s) to rlive in the leased property without written permission of landlord. 12. RULES AND REGULATIONS (? A Tenant agrees to obey all rules and regulations for the leased property. If tenant breaks any rules or regulations for the leased property, tenant breaks this lease. Rules and Regulations are attached at the and of this Lease. 13. LANDLORD'S RIGHT TO PUT A MORTGAGE ON THE LEASED PROPERTY Tenant agrees that landlord has the right to put a mortgage on the leased property. If landlord has a mortgage on the leased property now, or If landlord gets a mortgage later, tenant agrees that this lease Is lower In right to the mortgage that the landlord has put on the leased property. 14. CARE OF LEASED PROPERTY Tenant is responsible for, and will take good care of the leased property and all of the property In and around the leased property. Tenant agrees to pay for any damage which Is the fault of tenant, tenant's family and tenant's guests. Tenant agrees to move out and give back the loosed property to landlord when the lease ends. 15. LANDLORD'S RIGHT TO ENTER LEASED PROPERTY Tenant agrees that landlord and people working for landlord may go into. the leased property at reasonable times. Landlord and people working for landlord may inspect, make repairs, do maintenance, and show the leased property to others. 15- UTILITY SERVICES Landlord and tenant agree to pay for the charges for utilities and services supplied to the leased property as follows: Charge or Service Paid By Gas for Stove (If applicable) T' Television or Gable T Electric to Property T Water Service 4 Heat Refuse CollectionlTrash- 4 Lawn Maintenance 4 MR9-25-2011(WEO) 03:56 P.005/006 Snow Removal/Leaves (common aress)T. Sewer Charges Other landlord has the right to turn off service to the leased property in order to make repairs or to do maintenance. 17. WHAT HAPPENS IF TENANT BREAKS ANY AGREEMENTS IN THIS LEASE When tenant does not do something that tenant has agreed to do, tenant brooks this lease. If tenant breaks this lease, tenant may lose tenant's security deposit. If tenant breaks this lease, landlord also can sue tenant for other expenses, administrative costs and legal fees and may go to court to remove tenant from the leased property. If there is only one tenant on this lease, then the landlord can only sue one tenant for that tenant's breaking the agreements made in this lease. If there Is more then one tenant, then the landlord can sue all tenants together as a group. Tenant breaks this lease If tenant; 1. Does not pay rent or other charges to landlord on time 2. Leaves the leased property before the end of the lease 3. Does not leave the leased property at the and of the lease 4. Does not do all of the things that tenant agreed to do in this lease 5. Does not keep leased property in good repair 6. Constantly pays rent after the due date for 2 or more months 7. Has a pet in the apartment unless previously authorized by Landlord. 8. Does not have s working phone number. If tenant brooks the lease, each tenant agrees to give up the right to have a notice to leave, also known as a notice to quit This means that the landlord may file a lawsuit in court asking for a court order evicting each tenant from the leased property without giving each tenant notice to quit first. Landlord does not have the right to throw tenant out of the leased property. The landlord can evict tenant only by court action. The landlord does not have the right to sue in court for eviction unless a tenant has broken the agreements In this lease. Even though each tenant is giving up notice to quit, each tenant will have a chance in court to have a judge decide on landlord's claim for eviction. . If tenant breaks the lease agreement, the landlord may sue each tenant in court: 1. To collect overdue rent, Into charges and money damages caused by tenant's breaking the agreements In tine lease. 2. To got the leased property back (eviction). 3. To collect for unpaid rent until the and of the lease or until another person moves Into the leased property as a new tenant. If landlord wins a lawsuit against tenant, landlord can use the court process to take MA9-25-2011(WED) 03:56 P. 006/006 tenant's personal goods, furniture, motor vehicles and money in banks. Tenant agrees that landlord may receive reasonable attorney's fees as part of a court ruling in a law suit against tenant for breaking the agreements of this lease. MONTH TO MONTH LEASE For a month to month lease, the tenant has bargained only for the continuation of the tenancy for a month at a time and either party has the right to terminate at the end of any month period. (Example: if notice is given January 31, tenant is responsible for February rent and will leave the leased promises at the and of that month) The Landlord can raise rent with 30 days notice. When current lease ends, If a new lease is not signed, this lease will automatically go to a month to month lease. 18. HEAT CLAUSE (If Applicable) ?/ Tenant agrees to pay an additional $75.00 per onth for increased heating expenses during the months of October, November, December, January and February; of the leased period. The $75.00 is considered additional rent for those months and is treated as rent. All other conditions and terms of this Lease related to rent apply to this fee 19. SPECIAL CONDITIONS The Attorney General has not pr"pproved any special conditions/additionel terms added by the landlord or tenant after the plain language pro-approval of this contract. By signing this lease agreement, each tenant agrees that the tenant has read and understands all of the agreements in this lease DATE SIGNED BY ////// d DATE SIGNED BY TENAI LANDLORD: I ZU /d UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(?udren.com Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and/or Tenant/Occupant Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Northampton County " =- - ' 2 .ry. NO. 11-3996 Civil EZ.. M, 5 M 1 ?_C) C) PRAECIPE TO CORRECT TYPOGRAPHICAL ERROR TO THE PROTHONOTARY: Kindly correct the inadvertent typographical error in Plaintiffs Complaint as follows: Correcting the Property Address of Defendant's from 328 Old Stone House Road, Boiling Springs, PA. 17007 to 328 Old Stone House Road A/K/A 328 S. Old Stone House Road, Boiling Springs, PA 17007. UD LAW O FICES, P' BY Attrney for Pla tiff S!oli I 0 9E167?r UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings@udren.com Citibank N.A., as Successor Trustee for the ' COURT OF COMMON PLEAS holders of MASTR Adjustable Mortgages ' CIVIL DIVISION Trust 2007-HF2 in a Securitization = Northampton County Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 € Plaintiff € NO. 11-3996 Civil v. John Doe John Hitchcock, Unit B, Upstairs r n?-,' Raymond Allen, Unit A, Downstairs and/or Tenant/Occupant Defendants CERTIFICATE OF SERVICE ? 4= C The undersigned attorney hereby certifies that I have served or caused to be sere i trj? and correct copies of the Praecipe to Correct Typographical Error upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: September I2 , 2011 TO: John Hitchcock 328 Old Stone House Road A/K/A 328 S. Old Stone House Road Boiling Springs, PA 17007 Defendant John Doe and/or Tenant/Occupant 328 Old Stone House Road A/K'A 328 S. Old Stone House Road Boiling Springs, PA 17007 Defendant Raymond Allen 328 Old Stone House Road A/K/A 328 S. Old Stone House Road Boiling Springs, PA 17007 Defendant UD LAW,O FICESTP". BY: At mey. for Plaintiff Shy 3. A u 90675 wire CITIBANK, NA, as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1,, 2007, Plaintiff V. JOHN HITCHCOCK and/or Tenant/Occupant, Defendant 1! - 349(0 No. M! 396 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IN EJECTMENT RULE TO SHOW CAUSE AND NOW, this 24th day of January, 2012, upon consideration of Plaintiff's Motion for Leave To File an Amended Complaint in Ejectment, and it appearing to the court that Defendant has not responded to Plaintiff's C.C.R.P. 208.3(a) Request of Concurrence/Non-Concurrence, which had been filed upon Defendant on January 6, 2012, a Rule is issued upon Defendant to show cause why the relief requested, to wit: leave to amend its October 5, 2011 Complaint to correct the subject property's address to read "328 Old Stone House Road a/k/a 328 S. Old Stone House Road, Unit B, Upstairs, Boiling Springs, PA 17007," should not be granted. RULE RETURNABLE by 12 February 2012. VgjN1111XsNN38 ffid or IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT Thom A. Placey C.P.J. Distribution List: i/Sherri J. Braunstein, Esq. Urden Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 For Plaintiff John Hitchcock and/or Tenant/Occupant 328 Old Stone House Road a/k/a 328 S. Old Stone House Road, Unit B, Upstairs, Boiling Springs, PA 17007 Defendant CITIBANK, NA, as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007, Plaintiff V. JOHN HITCHCOCK and/or Tenant/Occupant, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2011-3996 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this ZS day of April, 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, and it appearing that Defendant has not filed a response of record, despite a Rule directing Defendant to file a response having been entered on January 24, 2012, Plaintiff's Motion to Amend Caption is GRANTED. PLAINTIFF IS GRANTED LEAVE, pursuant to Pennsylvania Rule of Civil Procedure 1033, to amend the caption of its Complaint in Ejectment. ? e la ? Thomas k ?lacey n C .J. Distribution List: ? Sherri J Braunstein Esq ^ n .y v ' r , . . Urden law Offices, P.C. r zf-- ?, } Woodcrest Corporate Center cn c 111 Woodcrest Road, Suite 200 P" C-) 3 Cherry Hill, NJ 08003 _.. pc"s ?; For Plaintiff ' r? John Hitchcock and/or Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant John Hitchcock and/or Tenant/Occupant 328 S. Old Stone House Road, Unit B, Upstairs Boiling Springs, PA 17007 Defendant ('led F es yea . ???a -r r• This is a non jury matter Assessment of Damages "..! ° h L r f C G U Hearing not required E_ pR ?k y LV f Not arbitration matter UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 1.11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Citibank, NA, as Successor Trustee for the € COURT OF COMMON PLEAS holders of MASTR Adjustable Mortgages ` CIVIL DIVISION Trust 2007-HF2 in a Securitization Cumberland County Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 € 166 1. Worthington Road NO. 11-3996 Civil West Palm Beach, FL 33409 Plaintiff V. John Hitchcock and/or Tenant/Occupant 328 Old Stone House Road a/k/a 328 S. Old Stone House Road, Unit B, Upstairs Boiling Springs, PA 17007 Defendant(s) CIVIL ACTION AMENDED COMPLAINT IN EJECTMENT PURSUANT TO COURT ORDER 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 maybe 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse 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 notificacion. Hace falta ascentar 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 avisado que si usted no se dafiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, St NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 I . Plaintiff is the corporation or individual named on the caption, and whose address or principal office appears in the caption. Defendant(s) are those named as such on the caption, and occupy the premises (hereinafter "Premises") which address is set forth on the caption. 3. Premises, a legal description of which is attached hereto, was sold at Sheriffs Sale in accordance with law on March 2, 2011, and Plaintiff became owner thereof as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof. A true and correct copy of the deed in favor of Plaintiff is attached hereto as Exhibit "A". 4. The person(s) in possession of Premises are the Defendant(s) herein, and are occupying Premises without right or claim to title. 5. Plaintiff has demanded possession of Premises from Defendant(s) who have refused to deliver up the possession thereof. WHEREFORE, Plaintiffdemands judgment for immediate possession of Premises, issuance of a Writ of Possession and a judgment of its costs and disbursement in this action. Respectfully submitted, Denise Lundquist UD N LAW OFFICES, P.C A ORNE FOR PLAINTIFF Sherri I Braunstein, Esquire VERIFICATION PAID90675 I, _ , Contract Management Coordinator for Ocwen Loan Servicing, LLC (hereinafter "Oewen"), the mortgage-servicing agent for the Plaintiff in this matter, state I am authorized to make this Verification for Ocwen, and do hereby verify on behalf of Ocwen the facts set forth in the foregoing pleading are true and correct based on information and belief I understand the false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 1=? ,?) w I OCWEN LOAN SERVICINIG, LLC, wxlo_t?T Name: Denise n Title: Contract Management Coordinator Ocwen Loan Servicing, LLC Straub/Williams vi I t #1 1 01 0495-4 Amended Complaint In Ejectment ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201109952 Recorded On 4/1/2011 At 9:53:31 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 84668 User ID - MSW * Grantor - STRAUB, TIMOTHY F Grantee - MASTR * 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 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT MONROE TOWNSHIP $0.00 TOTAL PAID $63.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland! County P.A c4 a"qe RECORDER () ' I) !EDS - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111111111111 Know all Men by these Presents Tax Parcel No, 22-28-2401-017 litl!1127111 That 1, 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 Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 Writ No. 2009-4560 Civil Term Citibank N.A., as Successor. Trustee for the holders of MASTR Adjustable Mortgages Trust 20074AF2 in a SecuritizationTransaction Pursuant to Pooling and. Servicing Agreement dated as of July 1, 2007 Vs Timothy F. Straub Calvin W. Williams, III ALL THAT CERTAIN lot or piece of land situate in the Village of Churchtown, Monroe Township Cumberland County, Pennsylvania, bounded and described in accordance with a Survey and Plan thereof made by William B. Whitlock, Professional Engineer, dated May 29,1969, as follows: BEGINNING at a point an the western tine of Main. Street, said point being one hundred thirty-four (134) feet Southeast of the southeaster line of West Street; thence along the western line of. Main Street, South 24 degrees 30 minutes East, ninety-nine and forty hundredths (99.40) feet to the northern line of a ten (10) feet wide alley; thence along the same, South 65 degrees 30 minutes West, forty-two and seventy-four hundredths (42.74) feet to an angle therein.; thence continuing along th.e same, South 38 degrees 24 minutes 45 seconds West, one hundred forty-nine and seventy-nine hundredths (149.79) feet to a corner of land now or late of Sarah Liggett; thence along said land, North 21, degrees 49 minutes West, one hundred sixty- seven and fifty hundredths (167.50) feet to a comer of land now or late of Mrs. K. Lucas; thence along said land, North 65 degrees 30 minutes East, one hundred eighty-six (186) feet to the point and place of Beginning, DWELLING KNOWN AS 328 S. OLD STONE HOUSE ROAD, BOILING SPRINGS, PA 17007. IDENTIFIED as TAX/PARCEL ID#i: 09-4560 CIVIL TERM in the Deed Registry Office of Cumberland County, Pennsylvania. Being the same premises conveyed to Timothy F. Straub and Calvin W. Williams, III, as joint tenants with the right of survivorship, by Deed of Gary J. Loper and Marjorie A. Loper, his wife, dated 2/28/2005 and recorded 3/2/2005 in Cumberland County Deed Book 267, page 3840. EXHIBIT The same having been sold by me to the said grantee on. the 2"d day of March Anno Domini Two Thousand and. Eleven (2011) after due advertisement according to law, under and by Virtue of a. Writ of Execution issued on the 16th of August Anno Domini 2010 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 4560 at the suit of Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a SecuritizationTransaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 -vs- Timothy F. Straub And Calvin W. Williams, III In Witness Whereof, I have hereunto affixed my signature this 17th dayX March A.nn.o Domini Two Thousand and Eleven (2011) Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personalty 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 17 th day of March Anno Domini Two Thousand and Eleven (2011) .4 Y,eks?'il.f.Pft c ? h + Syr ?.o -t i. :? y Pro t CurrbwUmd Counrt?yy, rude, PA MY Coam*iian & *as the Firstid ay d Jan. MI4 I hereby certify that the residence And Post Office address of the Within Grantee is 1661 Worthington Road West Palm Beach, FL 33409 r-^" r RR l rd W. Stewart Solicitor UDREN LAW OFFICES, P. C. WOOD CREST CORPORATE CENTER Ill WOODCREST ROAD MARX J. UDREN, ESQUIRE NMANAGINGATORNEI SUE 200 CRERR YHILL, NE W JERSEY 08003-3620 856. 669. 5400 TINA MARTS RICH FAX., 856. 669. 5399 OFFICE A AVIN)STRA TOR FREDDIE MAC PENNSI'LVANIA DESIGNATED COUNSEL September 14, 2011 Tenant/Occupant 328 S. Old Stone House Road, Unit A Boiling Springs, PA 17007 NOTICE UNDER PROTECTING TENANTS AT FORECLOSURE ACT Dear Tenant/Occupant: The above identified property was sold at Sheriff s Sale on March 2. 2011 and our client, Citibank N.A., as Successor Trustee for the Holders of MASTR Adjustable Mortgage Trust 2007-HF-2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007, is owner of the property in accordance with the Deed recorded on April 1, 2011 in the County Office of the Recorder of Deeds at. Instrument# 201109952. If you are not a bona fide tenant, please accept this as a formal demand for possession of the property. If you do not surrender possession of the property to Plaintiff within ten (10) days, an action for possession may be commenced against you. If you are a bona fide tenant under a lease term that will expire within 90 days from the date of this notice, this is notice under the Protecting Tenants at Foreclosure Act of 2009 of our intention to begin a legal action to obtain possession of the property, after- the passage of at least 90 days from the date of this notice. If you are a bona fide tenant with a lease term that will extend beyond 90 days from the date of this notice, the terms of your lease will be honored. Also, if you are such a tenant, this is notice that, at the end of the term of your lease, your lease will not be renewed and it will be tenninated. Tf you are a bona fide tenant who is a Section 8 voucher holder receiving government sponsored assistance, the terms of your lease and the housing assistance payment contract between the former owner and the public housing agency remain binding. To establish that you are a bona fide tenant, kindly send the following proof to this firm within ten (10) days of the date on this notice: A copy of your written lease or other proof that you have a lease agreement (for example, if lease is verbal, you may produce proof of rent payment and advise us of the terms of your lease); 2. You are not the former mortgagor or a child, spouse or parent of the former mortgagor; and 3. That the lease provides for payment of fair market rent or you are receiving Section 8 government sponsored assistance. You have the right to consult an attorney of your choosing with regard to the contents of this notice and your rights and responsibilities under Protecting Tenants at Foreclosure Act of 2004, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Your anticipated cooperation is appreciated. Sincerely, UDREN LAW OFFICES, P.C. By. Mark J. Udren, Esquire Lorraine Gazzara Doyle, squire Stuart Winneg, Esquire Alan Minato, Esquire Sherri Braunstein, Esquire Adam Kayes, Esquire Daniel Siedman, Esquire Heather Riloff, Esquire /CXE ' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Citibank, NA, as Successor Trustee for the € COURT OF COMMON PLEAS holders of MASTR Adjustable Mortgages CIVIL DIVISION Trust 2007-HF2 in a Securitization Cumberland County Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 € Plaintiff V. John Hitchcock /l - 3 99G G-"'? and/or Tenant/Occupant NO. 1+-764-2 Civil Defendant(s) CERTIFICATE OF SERVICE I, Sherri Braunstein, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Amended Complaint in Ejectment upon the following person(s) named herein at their last known address or their attorney of record. XXXXXX Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: May 7 , 2012 TO: John Hitchcock and/or Tenant/Occupant 328 Old Stone House Road a/k/a 328 S. Old Stone House Road, Unit B, Upstairs, Boiling Springs, PA 17007 UDR LAW OFFICES, P. By: Att for Plaintiff Sherri I Braunstein, Esquire PA ID 90675 UDREN LAW OFFICES, P.C. A t?1NEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 n.' A;6D NUN'Fi pleadings@udren.com c P,« LVrAill Citibank N.A., as Successor :COURT OF COMMON PLEAS Trustee for the holders of :CIVIL DIVISION MASTR Adjustable Mortgages :CUMBERLAND County Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and "NO. 11-3996 Civil Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and/or Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant(s) . PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff and against the Defendant(s), John Doe, John Hitchcock, Unit B Upstairs; Raymond Allen, Unit A Downstairs, and Tenant/Occupant, for possession of the premises appearing in the caption, for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof. I hereby certify that notice has been given in accordance with Rule 237.1, a copy of which is attach hereto. Attorney for Plaint i fdlZABETH SSALL, ESQ DEFAULT JUDGMENT ENTERED AS INDICATED V E PAID 788 DATE : \Q ' O L 4. '? 3 PRO PTMYql?Y al" 7? G 0 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Citibank N.A., as Successor :COURT OF COMMON PLEAS Trustee for the holders of :CIVIL DIVISION MASTR Adjustable Mortgages :CUMBERLAND County Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and 'NO. 11-3996 Civil Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff v. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant (s) TO: John Doe 328 Old Stone House Road Boiling Spacings, PA 17007 DATE of Notice: May 30, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS 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 SDD-990-9107 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 TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 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 800-990-9107 plk AR 0 3 8367 NU V 0,1 g62 1 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003•-3620 856 669-5400 pleadingsCudren.com Citibank N.A., as Successor 'COURT OF COMMON PLEAS Trustee for the holders of :CIVIL DIVISION MASTR Adjustable Mortgages :CUMBERLAND County Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and NO. 11-3996 Civil Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant(s) TO: Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 DATE of Notice: May 30, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR. DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS 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. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-•3620 856-669-5400 pleadings@udren.com Citibank N.A., as Successor ;COURT OF COMMON PLEAS Trustee for the holders of ;CIVIL DIVISION MASTR Adjustable Mortgages ;CUMBERLAND County Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and NO. 11-3996 Civil Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant (s) TO: John Hitchcock, Unit B, Upstairs 328 Old Stone House Road Boiling Springs, PA 17007 DATE of Notice: May 30, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS 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 800-990-9107 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 0 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 PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 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 800-990-9107 ANXY CrL, ESQ. PA # 308367 NJ BAR # 13862010 WOODCREST CORPORATE CENTER 11-L WOODCREST ROAD, SUITE 200 CHERRY HILL NEW JERSEY 08003-3620 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9107 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO L_A ACCION REQUIRIDA DE SIT PARTS EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPAR.A.RECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNF., DICTAR SENTENCIA EN SIT CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DTNERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA. AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL =L,AWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9107 MAY GLANS ? ESQ. PA -# 30836 r 1KI3 BAR. h 1386201ti WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NEW JERSEY 08003-3620 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003••3620 856 669-5400 pleadings@udren.com Citibank N.A., as Successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 11-3996 Civil TO: Raymond. Allen, Unit A, Downstairs 328 Old Stone House Road Boiling Springs, PA 17007 DATE of Notice: May 30, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS 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 800-990-9107 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 0 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 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--9107 Al WY G ASS, ESQ• P.a g # 308367 tSj T TkAK " 13862010 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NEW JERSEY 08003-3620 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy' Richard W Stewart Solicitor acs 0r PE so=airp Citibank, NA vs. John Doe Case Number 2011-3996 SHERIFF'S RETURN OF SERVICE 05/09/2011 04:10 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 9, 2011 at 1610 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: John Hitchcock, by making known unto himself personally, current occupant at 328 S. Old Stone House Road, Unit B Upstairs, Boiling Springs, Cumberand County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WO THINGTO EPUTY 05/09/2011 07:14 PM - Gerald Worthington, Deputy Sheriff, who being duly swom according to law, states that on May 9, 2011 at 1914 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Raymond Allen, by making known unto himself personally, current occupant at 328 S. Old Stone House Road, Unit A Downstairs, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTH INGTO , EPUTY SHERIFF COST: $72.00 May 10, 2011 SO ANSWERS, RONOY R ANDERSON, SHERIFF P OouY,y&xo Shenk I cieos-,fT !n;;. UDREN LAW OFFICES, P.C. - ATTORNEY FOR PLAINTIFF E 21Pa,4 j, 111 WOODCREST ROAD, SUIT r 13 CHERRY HILL, NJ 08003 856-669-5400 F.-' ELI D ?.l Jr pleadings@udren. com P1 s- YL'dANIA Citibank N.A., as Successor :COURT OF COMMON PLEAS Trustee for the holders of :CIVIL DIVISION MASTR Adjustable Mortgages :CUMBERLAND County Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and :NO. 11-3996 Civil Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and/or Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant(s) PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter, for possession of the property captioned under Defendants above, a description of which is attached hereto: 0U CI F aW -ISO It 1? aPr, ?a a11?_ z/L t Attorney for Plaintiff ELIZABETH L WASSALL, ES(, PA ID 77788 P ?. 'UZ CV'# 309 r7 C* 3m 12,141- Z-1 70 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Citibank N.A., as Successor :COURT OF COMMON PLEAS Trustee for the holders of :CIVIL DIVISION MASTR Adjustable Mortgages :CUMBERLAND County Trust 2007-HF2 in a. Securitization Transaction Pursuant to Pooling and NO. 11-3996 Civil Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs and/or Tenant/Occupant 328 Old Stone House Road Boiling Springs, PA 17007 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states, upon information and belief, 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 Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: John Hitchcock, Unit B, Upstairs Raymond Allen, Unit A, Downstairs Age: Over 18 Residence: As captioned above Employment: Unknown The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATED: June 8, 2012 _ Attorney for Plaintiff ELIZABETH L WASSALL, ES( PA ID 77788 Department of Defense Manpower Data Center J r , Status Kart Pursuant to Servicemembers Civil Fief ?k Last Name: ALLEN First Name: RAYMOND Active Duty Status As Of: Jun-07-2012 Results as of : Jun-07-2012 12:49:00 SCRA 2.2.1 Active Duty Start Date Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Data Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yji 00 04, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report P uant to SerN'icememb s Civil Relief Pict Last Name: HITCHCOCK First Name: JOHN Active Duty Status As Of: Jun-07-2012 Results as of : Jun-07-2012 12:48:39 SCRA 2.2.1 Active Duty Start Date Active Duty End Data Status Service Component On Active Duty On Active Duty Status Date NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. )011 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status R.cpwt Pursuant to Senicememben Civil Relief 4et Last Name: DOE First Name: JOHN Active Duty Status As Of: Jun-07-2012 Results as of : Jun-07-2012 12:48:07 SCRA 2.2.1 Active Duty Start Date Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ALL THAT CERTAIN lot or piece of land situate in the Village of Churchtown, Monroe Township Cumberland County, Pennsylvania, bounded and described in accordance with a Survey and Plan thereof made by William B. Whittock, Professional Engineer, dated May 29,1969, as follows: BEGINNING at a point on the western line of Main Street, said point being one hundred thirty-four (134) feet Southeast of the southeastern line of West Street; thence along the western line of Main Street, South 24 degrees 30 minutes East, ninety -nine and forty hundredths (99.40) feet to the northern line of a ten (10) feet wide alley; thence along the same, South 65 degrees 30 minutes West, forty-two and seventy-four hundredths (42.74) feet to an angle therein; thence continuing along the same, South 38 degrees 24 minutes 45 seconds West, one hundred forty-nine and seventy-nine hundredths (149.79) feet to a corner of land now or late of Sarah Liggett; thence along said land, North 27 degrees 49 minutes West, one hundred sixty- seven and fifty hundredths (167.50) feet to a corner of land now or late of Mrs. K. Lucas; thence along said land, North 65 degrees 30 minutes East, one hundred eighty-six (186) feet to the point and place of Beginning DA>TELLING KNOWN AS 328 S. OLD STONE HOUSE ROAD. BOILING SPRINGS, PA 17007. IDENTIFIED as TAX/PARCEL ID-#: 09-4560 CIVIL TERM in the Deed Registry Office of Cumberland County, Pennsylvania. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK N.A., as successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 VS. No.ll-3Q91o O"iviI Term JOHN DOE, JOHN HITCHCOCK, UNIT B,UPSTAIRS RAYMOND ALLEN,UNIT A, DOWNSTAIRS AND/OR TENANT/OCCUPANT Costs Attorney's $ 209.00 Plaintiff's $ Prothonotary $ 2.25 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)) CITIBANK N.A., as successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 being: (Premises as follows): 328 OLD STONE HOUSE ROAD, BOILING SPRINGS, PA 17007 (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. 1?2 ?-.IOZL David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA Date 6/13/1G / (Seal) 2of2 No 11-3996 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK N.A., as successor Trustee for the holders of MASTR Adjustable Mortgages Trust 2007-HF2 in a Securitization Transaction Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 VS. JOHN DOE, JOHN HITCHCOCK, UNIT B,UPSTAIRS RAYMOND ALLEN,UNIT A, DOWNSTAIRS AND/OR TENANT/OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 209.00 Plff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: ELIZABETH L. WASSALL, ESQUIRE - ID#77788 UDREN LAW OFFICES I I 1 Wooderest Road, Suite 200 Cherry Hill, NJ 08003 856-669-5400 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 So Answers, Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ??i xtn a[?r?Grly y?r Jody S Smith Chief Deputy Richard W Stewart Solicitor F REF T FF ?..{, Citibank, NA vs. Case Number John Doe (et al.) 2011-3996 SHERIFF'S RETURN OF SERVICE 06/18/2012 08:00 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 2000 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupant, of 328 Old Stone House Road, Unit B, Boiling Springs, Cumberland County, Pennsylvania 17007. The only resident of 328 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17050 is defendant Raymond Allen in Unit A. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. 06/18/2012 08:00 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 2000 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: John Doe, of 328 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17007. The only resident of 328 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17050 is defendant Raymond Allen in Unit A. Therefore, the within Writ of Possession is being returned with no service as the defendant, John Doe was NOT FOUND. 06/18/2012 08:00 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 2000 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: John Hitchcock, of 328 Old Stone House Road, Unit B, Boiling Springs, Cumberland County, Pennsylvania 17007. The only resident of 328 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17050 is defendant Raymond Allen in Unit A. Therefore, the within Writ of Possession is being returned with no service as the defendant, John Hitchcock was NOT FOUND. 06/18/2012 08:00 PM - Deputy Ryan Burgett, being duly sworn according to law, states that on June 18, 2012 at 2000 hours, he served the requested Writ of Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Raymond Allen at 328 Old Stone House Road, Unit A, Monroe Township, Boiling Springs, PA 17007, Cumberland County. Defendant was verbally advised he has 10 days to vacate the premises. June 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c: GountySuite Sheriff. Teleosoft. Inc. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadinas@udren.com Citibank N.A., as Successor :COURT OF COMMON PLEAS Trustee for the holders of :CIVIL DIVISION MASTR Adjustable Mortgages :CUMBERLAND County Trust 2007-HF2 in a Securitization Transaction NO. 11-3996 Civil Pursuant to Pooling and Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33416 Plaintiff V. John Doe John Hitchcock, Upstairs RavmonH Allan RHO, Unit B, TTn i t a ARM v` 02 zip "r nn E Pei P?, 7? 7 uV <. ?? c s t r r Y !-4 ?. ii 9ti ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES. P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 :COURT OF COMMON PLEAS pleadings@udren.com Citibank N.A., as Successor CIVIL DIVISION the holders of ° CUMBERLAND County Trustee for the Mortgages MASTR Adz HF2 in a Trust 2007- Transaction 11-3996 Civil NO. Securitizolpooling and pursuant Servicing Agreement dated as of July 1, 2007 1661 Worthington Road33416 West Palm Beach, FL plaintiff v. John Doe Unit B, John Hitchcock, > PnSifii. Awe. X. 'i ZIP ; 0 $ ®®a t 4 +C? z7 6 \ i'v ? A i C T s T, c lti Z A ` ' ? \ f ? iv ^ t . , •?. 3 ':_ t-4 !3._'r- s- to z? f i n n ? - _ .. _ y n ? f ¢ rt US P_)STAGQ> .qtr ? r _+ q ,-,m :yrt ZIP ?0? 02 ?i < < 0007 sF??c?. ;? s4r?< NIXIE 176 CE 1 84 oCi RETURN TO SidiER NOT DELIVERARLE AS ADDR&M, A SHERIFF'S OFFICE OF CUMBERLAND COUNTY my R Anderson leriff 1�it�� i f�tti ii Gt +rah 4 9 . Jody S Smith Chief Deputy 2013 APP 10 AM 8: t �, Richard W Stewart °x °. Solicitor aMCE OF rr�E SHERIFF CU S Y�VA I I� I t Citibank, NA Case Number vs. John Doe(et al.) 2011-3596 SHERIFF'S RETURN OF SERVICE 06/18/2012 08:00 PM-Deputy Ryan Burgett, being duly sworn according to law, states that on June 18,2012 at 2000 hours, he served the requested Writ of Possession by"personally"handing a true and attested copy to a person representing themselves to be the Defendant,to wit: Raymond Allen at 328 Old Stone House Road, Unit A, Monroe Township, Boiling Springs, PA 17007, Cumberland County. Defendant was verbally advised he has 10 days to vacate the premises. 06/18/2012 08:00 PM-Ronny R.Anderson, Sheriff,who being duly svvty6m according to law, states that on June 18, 2012 at 2000 hours a true copy of the within writ of possession was attempted to be served upon the defendant,to wit:John Doe, of 328 Old Stone House Road, Boiling Springs,Cumberland County, Pennsylvania 17007. The only resident of 328 Old Stone House Road Soiling Springs, Cumberland County, Pennsylvania 17050 is defendant Raymond Allen in Unit A. ThVrefore,the within Writ of Possession is being returned with no service as the defendant, John Doe was NOT FOUND. 06/18/2012 08:00 PM-Ronny R.Anderson, Sheriff,who being duly sworn according to law, states that on June 18, 2012 at 2000 hours a true copy of the within writ of possession was attempted to be served upon the defendant,to wit: John Hitchcock,of 328 Old Stone House Road, Unit B, Boiling Springs, Cumberland County, Pennsylvania 17007. The only resident of 328 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17050 is defendant Raymond Allen in Unit A. Therefore,the within Writ of Possession is being returned with no service as the defendant, John Hitchcock was NOT FOUND. 06/18/2012 08:00 PM -Ronny R.Anderson, Sheriff,who being duly sworn according to law, states that on June 18, 2012 at 2000 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupant, of 328 Old Stone House Road, Unit B, Boiling Springs, Cumberland County, Pennsylvania 17007. The only resident of 328 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania 17050 is defendant Raymond Allen in Unit A. Therefore,the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. 06/27/2012 Received a call from Claudine Giordano requesting to put on"hold"as Mr.Allen has apparently hired an attorney and they do not want any disputes. Advised she needs to send a fax. Fax never sent or received; placed on"hold"pending further instructions from attorney's office. 04/09/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law,states this writ of possession is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $83.34 SO ANSWERS, April 09, 2013 RbNtrY R ANDERSON, SHERIFF AA �raor� ;c)C;ountySu:ie Sneriff.'S'eleosoft,Iric � � ����� i