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Home My WebLink About11-7612This is a non-jury matter Assessment of :Damages Hearing not required 3ERLA D GUUNT Not arbitration matter UDREN LAW Oii??YVVMIA ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Citibank, NA, 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. Servicing Agreement dated as of July 1, 2007 1661 Worthington Road West Palm Beach, FL 33409 Plaintiff V. John Doe and/or Tenant/Occupant 328 S. Old Stone House Road, Unit A 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. QG?)'gampd ? «eaa ? a 1? sN 8D 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 n17T -q(1 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 torte 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 torte tomara medidas y puede continuar 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 provisiones 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 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 PLA IF ?? e ctA- KQ ? l o-F4? 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 PA R ECORDER O *jj' * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111 iN III iu Tax Parcel No. 22-28-2401-017 Know ?dl Men by these Presents 7PK That t, 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 duly 1, 2007 Writ No. 2009-4560 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 comer 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. IDENTIFIF,D as TAX/PARCEL ID#: 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 3/2,12005 in Cumberland County Deed Book 267, page 3840. The same having been sold by me to the said grantee on the 2'd day of March Anno Doniini 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 At3no 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 SecuritizationTrausaction 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 ray signature this 17th dayof March Anno 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, 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) W ( 1 a is it om"im 6 to I hereby certify that the residence And. Post Office address of the Within Grantee is 1661 Worthington Road West Palm Beach, FL 33409 Richard W. Stewart Solicitor 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. DATED: October 3, 2011 i ?? ;3OC19 SHERIFF'S OFFICE OF CUMBERLAND COUNTY c Ronny R Anderson Sheriff ';'. }_. , .. ' .. ; otti?t4, qt ?u?tikr?l ? Jody S Smith 2- I -T20 Chief Deputy Richard W Stewart Solicitor air E u,c 331`; L J'- Citibank, NA Case Number vs. 2011-7612 John Doe SHERIFF'S RETURN OF SERVICE 10/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John Doe, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant John Doe. Deputies were advised by neighbors, the occupants of 328 Old Stone House Road South, Unit A, Boiling Springs, Pennsylvania 17007 have not been seen at this residence in months. 10/18/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 328 Old Stone House Road South, Unit A, Boiling Springs, Pennsylvania 17007, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Deputies were advised by neighbors, the occupants of 328 Old Stone House Road South, Unit A, Boiling Springs, Pennsylvania 17007 have not been seen at this residence in months. SHERIFF COST: $66.00 October 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (cj GountySuite Sheriff. Telecsoft. Inc. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 l? tLEI7-i?c ?1Ct U?? .?U4 ?RCTHONJTAR` ATTORNEY FOR PLAINTIFF 2712 JAN 31 AM 10* Z0 r.UMBERLAND COUNT' PENNSYLVANIA 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 and/or Tenant/Occupant NO. 11-7612 Civil Defendant(s) CERTIFICATE OF SERVICE I, Sherri Braunstein, Esquire, hereby certify that I have served true and correct copies of the Rule to Show Cause 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: January 30, 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 UD LAW OFFICES, P.C. By: A ey for Pl ' if f Sherri I Braunstein, Esquire PA ID 90675 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 --dowtw* f *."N"04 &OW 4h" nfit IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2011-3966 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. d?hd???s??? a?t10 Thom A. Placey C.P.J. Distribution List: Sherri J. Braunstein, Esq. Urden Law Off=ices, 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