HomeMy WebLinkAbout11-8153? t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER CIVIL DIVISION
TO WACHOVIA BANK, N.A.
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NO
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Plaintiff, ?' ` ((
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VS. TYPE OF PLEADING c - _
Rodrigo M. Alvarado; CIVIL ACTION -COMPLAINT
~
IN MORTGAGE FORECLOSURE
Defendant.
FILED ON BEHALF OF:
TO: DEFENDANT Wells Fargo Bank
N.A.
successor by m erger
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ,
,
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS to Wachovia Bank, N.A.
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED
AGAINSTYOU. COUNSEL OF RECORD FOR THIS PARTY:
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3476 STATEVIEW BLVD.
MAC # X7801-013. FT. MILL. SC 29715
AND THE DEFENDANT:
806 Sherwood Road
New Cumberland, PA 17070
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
806 Sherwood Road, New Cumberland PA 17070
Munici alit : NEW CUMBERLAND
ATTORNE IFF
ATTY FILE NO.: XFP 158552
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Joel A. Ackerman, Esquire
Pa I.D. #202729
Ashleigh Levy Marin, Esquire
Pa I.D. #306799
Ralph M. Salvia, Esquire
Pa I.D. #202946
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
office@zuckergoldberg.com
File No.: XFP- 158552/pl
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Zucker, Goldberg & Ackerman, LLC
XFP-158552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A. ,
Plaintiff
vs.
c
MR _
CIVIL DIVISION
r- -,
I
? > ?
No.: 11-8153
ISSUE NUMBER: yam; 9
TYPE OF PLEADING:
Rodrigo M. Alvarado;
Defendant(s).
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
I Hereby certify that the last known address
of Defendant(s) is/are:
806 Sherwood Road
New Cumberland, PA 17070
444!442. A444s
Attorney for Plaintiff
FILED ON BEHALF OF:
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A.
Plaintiff
COUNSEL OF RECORD FOR THIS PARTY:
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire- Pa I.D.# 55650
Kimberly A. Bonner, Esquire- Pa I.D. #89705
Joel A. Ackerman, Esquire- Pa I.D. #202729
Ashleigh L. Marin, Esquire-Pa I.D. #306799
Ralph M. Salvia, Esquire- Pa I.D. #202946
Jaime R. Ackerman, Esquire- Pa I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
Atty File No.: XFP-158552
* 110. So PO PUFF'
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A.
Plaintiff,
vs.
CIVIL DIVISION
NO.: 11-8153
Rodrigo M. Alvarado;
Defendant(s).
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a default judgment in the above-captioned case in favor of Plaintiff and against
Defendant(s), Rodrigo M. Alvarado,in the amount of $151,455.78 which is itemized as follows for
failure to file an Answer:
Principal $144,256.08
Interest through 12/20/11 $5,768.53
Late Charges $ 248.76
Escrow $1,122.41
Inspection Fees $ 40.00
Corporate Advance $ 20.00
TOTAL $151,455.78
plus interest on the principal sum ($144,256.08) from December 21, 2011, at the rate of $19.76 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
ZUCKER, GOLDBERG & ACKERMAN, LLC
BY: zfig
Dated:' . (, Scott A. letteric , Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP-158552/pn
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Zucker, Goldberg & Ackerman, LLC
XFP-158552
AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF
NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
STATE OF NEW JERSEY
COUNTY OF UNION
SS:
Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth,
personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel A. Ackerman, Esquire,
Ashleigh L. Marin, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for and
authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant is not in the military service of the United States of America to the best of his/her knowledge,
information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in
accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
ZUCKER, GOLDBERG & ACKERMAN, LLC
Dated: /A By: 0 fi/V'a/t??
Scott A. ietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Atty File No.: XFP-158552
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
Email : Office@zuckergoldberg.com
(908) 233-8500; (908) 233-1390 FAX
Sworn to and subscribed before me
This Z 0 day of December, 2011
Public
My Commission Expires:
EMARD J. SCHWAHL II
Commission # 2383239
Notary Public:, State of New Jersey
My Commission Expires
March 09, 2014
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Request for Military Status
Department of Defense Manpower Data Center
4D Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Dec-20-2011 13:18:38
< Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
ALVARADO RODRIGO Based on the information you have furnished, the DMDC does not
M possess any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
Aft
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL httn://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.drrdc.osd.mil/appj/scra/popreport.do 12/20/2011
TV
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCR,4 is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:TVI543R6DV
https://www.drr,.de.osd.mil/appj/scra/popreport.do 12/20/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
VS.
Rodrigo M. Alvarado;
Defendant(s).
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Rodrigo M. Alvarado
806 Sherwood Road
New Cumberland, PA 17070
( ) Plaintiff
(X) Defendant
( ) Additional Defendant
You are hereby notified that an order, Decree or Judgment was entered in the above
captioned proceeding on
( ) A copy of the Order or Decree is enclosed,
or
(X) The judgment is as follows: $151,455.78
plus interest on the principal sum ($144,256.08) from December 21, 2011, at the rate of $19.76
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure sale of the mortgaged premise
no4
Zucker, Goldberg & Ackerman, LLC
X FP-158552
?.?
?,. ? -
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
SherNf
caftigm-
b
Jody S Smith
C W Deputy .........
Richard W Stewart
SONGRor oFrvorf OFlfli 811iRIRF
Wells Fargo Bank, NA.
VS. Case Number
Rodrigo M. Alvarado 2011-8153
SHERIFF'S RETURN OF SERVICE
11/0112011 08:15 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to I , states. that on
'November T2 11 at 2015 hours, he served. a true copy cf the within Complai n Foreclosdre,
upon the within named defendant; to wit: Rodrigo M. Alvarado, by making k to himself personally,
at 806. Sherwood Road, New Cumberland, Cumberland County.. Penn 17 0 its contents and at
the,same. time handing to him personally the said true and correct sa e.
SHERIFF COST: $45.00
November 02, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
vs.
Rodrigo M. Alvarado
Defendant.
IMPORTANT NOTICE
TO: Rodrigo M. Alvarado
806 Sherwood Road
New Cumberland, PA 17070
DATE OF NOTICE: 11/23/2011
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 (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association Cumberland County Bar Association
32 S. Bedford Street 32 S. Bedford Street
Carlisle, PA 17013 Carlisle, PA 17013
Phone (800) 990-9108 Phone (800) 990-9108
(717) 249-3166 (717) 249-3166
M
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
VS.
Rodrigo M. Alvarado
Defendant.
AVISO WFORTANTE
TO: Rodrigo M. Alvarado
806 Sherwood Road
New Cumberland, PA 17070
FECHA DEL AVISO:11/23/2011
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INIMI)IATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association Cumberland County Bar Association
32 S. Bedford Street 32 S. Bedford Street
Carlisle, PA 17013 Carlisle, PA 17013
Phone (800) 990-9108 Phone (800) 990-9108
(717) 249-3166 (717) 249-3166
ZUCKER, GOLDBERG &ACKERMAN
BY: Scatt a. .9mettet!&
Scott A. Dietterick, Esquire
Attorneys for Plaintiff
PA I.D. # 55650
200 Sheffield Street, Suite 301
P.O. Box 1024
Mountainside, NJ 07092-0024
(717) 533 -35 60
FIRST CLASS U.S. MAIL, POSTAGE PREPAID 158552
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF
WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE
DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT
OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF
THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING
FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW
PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE
MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR
RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION
OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU
SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A
DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER CIVIL DIVISION
TO WACHOVIA BANK, N.A. ,
NO.:
Plaintiff,
vs.
Rodrigo M. Alvarado;
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-158552
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER CIVIL DIVISION
TO WACHOVIA BANK, N.A.
NO.:
Plaintiff,
vs.
Rodrigo M. Alvarado;
Defendant.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a,
los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de
dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante
puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0
propiedad u otros derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-158552
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER CIVIL DIVISION
TO WACHOVIA BANK, N.A. ,
Plaintiff,
NO.:
vs.
Rodrigo M. Alvarado;
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, N.A., and successor by merger to Wachovia Bank, N.A. ,
by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure
as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. ,
(hereinafter "plaintiff") having its principal place of business at 3476 STATEVIEW BLVD., MAC #
X7801-0131 FT. MILL, SC 29715.
2. Defendant, Rodrigo M. Alvarado, is an individual whose last known address is 806
Sherwood Road, New Cumberland, PA 17070.
3. On or about May 19, 2005, Rodrigo M. Alvarado executed a Note in favor of Cardinal
Financial Corporation in the original principal amount of $131,725.00.
4. On or about May 19, 2005, as security for payment of the aforesaid Note, Rodrigo M.
Alvarado made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as
nominee for Cardinal Financial Company, LTD Partnership a Mortgage in the original principal amount
of $131,725.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on May 27, 2005, in Mortgage Book Volume
1908, Page 3952. A true and correct copy of said Mortgage containing a description of the premises
subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof.
5. The note and mortgage was assigned to plaintiff by Assignment of Mortgage dated
09/07/2011 from Mortgage Electronic Registration Systems, Inc., as nominee for Cardinal Financial
Company, LTD Partnership to Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A..
Said assignment was recorded on 09/09/2011 as Instrument # 201125090.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
6. The aforesaid Mortgage was amended and increased in principal amount of
$144,643.97 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA
and Defendant, Rodrigo M. Alvarado, which is unrecorded at this time. The terms of said
modification set forth the interest rate at 5.000% with a new monthly payment and interest amount
of $ 776.48 commencing February 1, 2011 and continuing thereon with the due date of obligation
January 1, 2041. A true and correct copy of said Modification Agreement is marked Exhibit B,
attached hereto and made a part hereof.
7. Rodrigo M. Alvarado, marred man is the record and real owner of the aforesaid
mortgaged premises.
8. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
9. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S.
§1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to
commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal
Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1707 - 1715(z) - 18) [35
P.S. §1680.401(a)(3).].
10. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention
to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of
this action for the reason that the original principal balance of the aforesaid Mortgage is more than
the original principal balance threshold of the Act, and therefore:
(a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101;
(b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S.
§101, and;
(c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101.
11. The amount due and owing Plaintiff by Defendant is as follows:
Principal $144,256.08
Interest through 10/17/2011 $4,523.65
Late Charges $ 165.84
Escrow/Advance $1,122.41
Inspection Fees $ 40.00
Corporate Advance $ 20.00
Total $150,127.98
Zucker, Goldberg & Ackerman, LLC
XFP-158552
plus interest on the principal sum ($144,256.08) at the daily per diem amount of $19.76, and all other
additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff,
including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys'
fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add
such additional sums to the above amount due and owning when incurred.
12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not
seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a
separate legal action if such right exists. If Defendant(s) have received a discharge of personal
liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to
re-establish such liability.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$150,127.98, with interest thereon at the daily per diem amount of $19.76 plus additional late
charges, and costs (including additional escrow advances), additional attorneys' fees and costs and
for foreclosure and sale of the mortgaged premises.
ZUCKE G(OLDBERG & ACKERMAN, LLC
1
i BY:
Dated: Octobe 011 Scott A. ietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh Levy Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Attorneys for Plaintiff
XFP-158552/pl
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Q l r.
?1iiY 2'l Pn 2
; l
Prepared By:
ROBERT HARRISON
444 JACKSONVILLE ROAD
WARMINSTER, PA 18974
800-327-0969
Return To:
CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP
444 JACKSONVILLE ROAD
WARMINSTER, PA 18974
800-327-0969
Parcel Number: 26-23-0543-176
[Space Above This Line For Recording Data)
FIIA Case No.
Commonwealth of Pennsylvania MORTGAGE 441-7667232-703
310007114
MIN 100092200000054521
THIS MORTGAGE ("Security lnstruniciit") is given on MAY 19TH, 2005
The Mortgagor is RODRIGO M. ALVARADO
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc.
("HERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as
mortgagee. MFRS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS.
CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP
("Lender') is organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA, and
has an address of 444 JACKSONVILLE ROAD, WARMINSTER, PA 18974
. Borrower owes Lender the principal sum of
ONE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED TWENTY FIVE AND NO1100.
Dollars (U.S. $ 131,725.00
).
FRA Pennsylvania Nfortgape with NIERS - 419
?-4NWA) -04C7 Amend
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VMP M,a,`:p" Sn:.ewnx. Inr., ISCO152
8K1903i`b-3952
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the ftdl debt, if not paid earlier, due and payable on
JANE 1ST, 2035 . This Security Instrument secures to Lclider: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications
of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements
under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to HERS (solely -,is: nominee for Lender and Lender's successors and assigns) and to the successors
and assigns of ME•RS, the following described property located in
CUMBERLAND County, Pennsylvania:
SEE ATTACHED LEGAL DESCRIPTION.
which has the address of 806 SHERWOOD ROAD [sveet)
NEW CUMBERLAND [t::ity;. Pennsvlvania 17070 [zip coda)
("Property Address'");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
casements, appurtenances and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title
to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or
custom, VIERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and
to take any action required of Lender including, but not limited to, releasing or canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has
the right to mortgage. grant autd convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use Ind nun-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
W ides:
C -ANWA) ioew) PiN,, 2 col 10
SK 19 06Pri, X953
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal. Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with tine principal and interest as set forth in the Note and any late charges, a
suns for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and
Urban Development ("Secretary"), or in any year in which such premium would have been required if
Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the
annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) it monthly charge instead
of a mortgage insurance premium if this Security instrument is held by the Secrerary, in a reasonable
amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are
called "Escrow Items" kind the sums paid to Lender are called "Escrow Funds."
Lender may. at any time. collect and hold amounts for Escrow items in an aggregate amount not to
exceed the maxim'
amount that may be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 er seq. and implementing regulations, 24 CPR
Part 3500, as they may be amended from time to time CRESPA" ), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
Witte amounts held by Lender for Escrow Items exceed the annotnts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. I f the a?rnounts of funds held
by Lender at any time are not sufficient to pay the Escrow items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
If Borrower tenders to Lender the full payment of gill such sutras, Borrower's account shall be credited with
the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund
any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by
Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a),
(b), and (c).
3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as
follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and tire, flood and
other hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
A. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the
Property. whether now in existcn(ze or subsequently erected, against any hazards, casualties, and
contingencies, including tire. for which Lender requires insurance. This insurance shall be maintained in
C -ANIPA) roaon Page 3 or io
6K 19 08FG3954
the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the
Property, whether now in existence or subsequently erected. against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance
policies and any renewals ',hall be held by Lender and shall include loss payable. clauses in favor of, and in
a form acceptable to. Lender.
In the event of loss. Borrower sliall give Lender immediate notice by mail. Lender may make proof of
loss if nut made promptly by Burrower. Each insurance company concerned is hereby authorized and
directed to ?nake payment for such loss directly to Lender, instead of to Borrower and to Lender jointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security instrument. first to any delinquent amounts
applied in the order in paragraph 3. and then to prepayment of principal, or (b) to the restoration or repair
of the dan?aged Property. Any application of the proceeds to the principal shall not extend or postpone the
due date of the monthly payments which are referred to in paragraph Z. or change the amount of such
payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness
under (lie Note and this Security Instrument shall be paid to the entity legally untitled thereto.
In the event of foreclosure of this Security instrurnew or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish. and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of it later
safe or transfer of the Property) and shall continue to occupy the Property as Borrower's principal
residence for at least one year utter the date of occupancy. unless Lender determines that requirement will
cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned
or the loan is in default. Lender may talks reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower. during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with
any material information) in connection with the loan evidcnccd by the Notc, including, but not htnited to.
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Jnstrununt is on a Icaschold. Borrower shall comply with the provisions of the lease. If Borrower acquires
fee title to the Property. the leasehold and fee title shall not be merged unless Lender agrees to the merger
in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full unount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the tnontbly
payments. which are referred to in paragraph Z, or change the amount of such payments. Any excess
prouxds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
IMTIRIS:
40 4NIPA? I0407: Pago 4 of 10
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7. Charges to Borrower and Protection of Lender's Rights in the Property.. Borrower shall pay all
governmental or municipal charges, titres and impositions that are not included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish
to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2; or fails to
perform any other covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to protect the value of the Property and Lender's rights in the Property, including payment of
taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear interest from the date of
disbursc7ncnt, at the Note rate, and at the option of Lender, shall be immediately due and payable.
Burrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by. or defends against enforcement of the lien in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures
from the holder of the lien art agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to it lien which may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may. except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in full of all sums secured by this Security
Instrument if:
0) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by tailing. for it period of thirty days, to pert-orm any other obligations
contained in this Security Instrument.
(h) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including
Section 341(4) of the Garn-St. Gernutin Depository Institutions Act of 1982, 12 U.S.C.
170lj-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all
sums secured by this Security instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,
or the purchaser or grantee does so occupy the Property but his or tier credit has not been
approved in accordance with the requirements of the Secretary.
(e) No Waiver. If circumstances occur that would pert-nit Lender to require immediate payment in
full. but Lender dues not require such payments, Lender does not waive its rights with respect to
subsequent events.
40 4NIPA) cc4071 Page s M to
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BK1908F'IG 3956
(d) Regulations of HUD Secretary. In unany circumstances regulations issued by the Secretary
will limit Lender's rights, in the case of payment defaults, to require immediate payment in full
and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if
not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the
date hereof. Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the
Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this
option may not be exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender hits rcquired immediate payment
in full because of Borrower's failure to pay an aunount due under the Note or this Security Instrument.. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Burrower under this Security instrument, forcclosurc costs and
reasonable and custonnary attorneys' fees and expenses properly associated with the foreclosure proceeding.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required immediate payment in full. However, Lender is not required to
permit reinstatement if. (i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or iiii)
reinstatement will adversely affect the priority of the lien created by this Security instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument gnutted by Lender
to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's: successor in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements of this Security instrument shall bind and benefit the successors and assigns of Lender and
Borrower. subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint
and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is
co-signing this Security instrument only to mortgage, grant and convey that Borrower's interest in the
Property tinder the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to
extend; modify, forbear or snake any accommodations with regard to the terms of this Security instrument
or the Note without that Borrower's consent.
1a:nal% 21
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BK 1908PG 3957
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
deliveriug it or by mailing it by first class mail unless applicable law requires use of another methoxd. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any
address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions
of this Security Instrument or the Note which can be given effect without the conflicting provision. To this
end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
or relcasc of any Hauu•dous Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding
two sentencew shall not apply to the presence, use, or storage on the Property of small quantities of
i-lv-ardous Substances that arc generally recognized to be appropriate to normal residential uses and to
mtuntenance of the Property,
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,
or is notified by any governmental or regulatory authority, that any removal or other remcdiation of any
Hamsrdous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents. materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
"Environmental Law" means funeral laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,
prior to Lender's notice to Borrower of Borrower's breach of tiny covenant or agreement in the Security
Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the
benefit of Lender and Borrower. This assignment of rents constitutes aui absolute assignment and not an
tusignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security
instrument; (b) Lender shAl be entitled to collect and receive all of the rents of the Property; and (c) each
Initials
?ANIPA) toad, Papa 7 of to
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8K 19081110958
tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written
demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However. Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but
not limited to, attorneys' fees and costs of title evidence.
If the Lender's interest in this Security instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Ant") (12 U.S.C.
3751 et .ieq.) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument. this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one
hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security
instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security instrument shall be it purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into
and shall amend and supplemoit the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. ]Check applicable box(es)].
E] Condominium Rider ? Growing Equity Rider El Other specify]
[] Planned Unit Development Rider Graduated Payment Rider
1, 11411F:
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BKI908PG3959
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security
Instrument and in any rider(s) executed by Borrower acid recorded with it.
i
Wit ?esscx
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40-4N(PA) 10407)
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_ (Seal)
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RODRZGO M. ALVARADO -Borrower
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8K1908•RG3960
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss:
On this, 19TH day of MAY 2005 before me, the undersigned officer,
personally appeared RODRIGO M. ALVARADO
known to me (or satisfactorily proven) to be the
person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged that he/shc/thcy
executed the same for the purposes herein contained.
IN WITNESS WHERE-017, I hereunto set my hand and official sea).
My Commission Expires:
FCamp OTARIAL SEAL
MCBETH. Notary Pujb oro Cumberland Cn Expires Soptembe Title (.f 01
11ce.
Certificate of Residence
1, ROBERT HARRISON , do hereby certify that
the correct address of the within-named Mortgagee is P.U. Box 2026. Flint, VII 48501-2026.
Witness my hand this 19TH day of MAY 2005
Agent of Mortgagee
=-WPA) 104071
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Pay.: 10 d 10
hutiala•
B1( I908PG396I
ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County
of Cumberland. Commonwealth of Pennsylvania being more particularly described
according to survey of Roy M. H. Benjamin, Registered Professional Engineer, dated
February 16, 1970, as follows, to wit.
BEGINNING at a point on the southerly line of Sherwood Road, at the westerly line of
Lot No. 4, Block "A", on the hereinafter mentioned Plan of Lots, said point being located
one hundred ninety-tight and sixty-one one-hundredths (198.61) feet West of the
Southwest corner of the southerly intersection of Locust Street and Sherwood Road;
thence South thirty-one (31) degrees, thirty (30) minutes East along said line of Lot No.
4, Block "A", one hundred nineteen and ninety-three one-hundredths (119.93) fleet to a
point on line of lands now or formerly of Elmer E. Zimmerman, known as "Zimmerman
Acres"; thence along the latter lands, South fifty-eight (58) degrees West, seventy-one
and three one-hundredths (71.03) feet to a point at corner of Lot No. 6, Block "A" on said
Plan of hots; thence North twenty-six (26) degrees West along the easterly line of Lot
No. 6, Block "'A", one hundred twenty and eighty-six one-hundredths (120.86) feet to a
point on the southerly line of Sherwood Road aforesaid: thence northeastwardly by a
curve to the left having it radius of one hundred (100) feet, nine and eight one-hundredths
(9.08) lest to a point; thence continuing along Sherwood Road, northeastwardly fifty and
ninety-two one-hundredths (50.92) feet to a point, the place of BEGINNING.
BEING Lot No. 5. Block "A", on the Plan of Lots of Highland Park Extension, recorded
in Plan Book 5. Page 59, Cumberland County records.
HAVING thereon erected a one-story frame dwelling known as No. 806 Sherwood Road.
13ETNG THE SAME PREMISES which Paul M. Stokes, as Executor of the Estate of
Eleanor M. Stokes, by deed dated March 24. 2000 and recorded April 19, 2000 in the
Office ol'the Recorder of Deeds in and for Cumberland County, Pennsylvania in Decd
Book 219, Page 639, granted and conveyed unto Nancy L. Smith, single person, Grantor
herein.
raurded
COLUAY PA
Recorder of Deeds
B11(I908FIG3962
.- I ,
EXHIBIT B
Wells Fargo Home Mortgage
MAC X9999-o1N
1000 Blue Gentian Rd
Ste 300
Eagan, MN 55121
LOAN MODIFICATION
LOAN F?UMBER
PROPERTY ADDRES Sherwood Road
New Cumberland PA 17070
MIN: 100092200000054521 MERS Phone: 1-888-679-6377
THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on
December 15, 2010, by and between Rodrigo M Alvarado and
and (the "Borrower(s)") and
Wells Fargo Bank, N A (the "Lender",
And Mortgage Electronic Registration Systems, Inc. (Mortgagee)
together with the Borrower(s), the "Parties").
WITNESSETH
WHEREAS, Borrower has requested and Lender has agreed, subject to the
following terms and conditions, to a loan modification as follows:
NOW THEREFORE, in consideration of the covenants hereinafter set forth
and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the Parties, it is agreed
as follows (notwithstanding anything to the contrary in the Note and
Security Instrument dated 05/19/2005.)
1. BALANCE. As of December 15, 2010, the amount payable under the Note
and Security Instrument (the "Unpaid Principal Balance") is U.S.
$ 135,675.00.
2. EXTENSION. This Agreement hereby modifies the following terms of the
Note and Security Instrument described herein above as follows:
A. The current contractual due date has been extended from 04-01-10
to 02/01/2011. The first modified contractual due date is on
02/01/2011.
B. The maturity date has been extended from 09-37 (month/year) to
01/01/2041.
C. The amount of interest to be included (capitalized) will be U.S.
$ 6,783.80.
The amount of the Escrow Advance to be capitalized will be U.S. $2,452.47
The amount of Recoverable Expenses* to be capitalized will be
U.S. $0.00.
The modified Unpaid Principal Balance is U.S. $ 144,643.97.
* Recoverable Expenses may include, but are not limited to: Title,
Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/
Property Inspections
D. The Borrower(s) promises to pay the Unpaid Principal Balance plus
interest, to the order of the Lender. Interest will be charged on the
Unpaid Principal Balance of U.S. $ 144,643.97. The Borrower(s) promises
to make monthly payments of principal and interest of U.S. $ 776.48,
at a yearly rate of 5.000s, not including any escrow deposit, if
applicable. If on the maturity date the Borrower(s) still owes an amount
under the Note and Security Instrument, as amended by this Agreement,
Borrower(s) will pay this amount in full on the maturity date.
LM521/H2H/1
Weas Fargo Home Mortgage is a dkision of Wells Fargo Bank NA.
Together we'll go far
?..,. F:.:: M..
.w
' S
Wells Fargo Home Mortgage
MAC X9999-olN
1000 B1Ue Gentian Rd
Ste 300
Eagan. M N 55121
3. NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be
understood or construed to be a satisfaction or release, in whole or in
part of the Borrower's obligations under the Note or Security Instrument.
Further, except as otherwise specifically provided in this Agreement, the
Note and Security Instrument will remain unchanged, and Borrower and
Lender will be bound by, and shall comply with, all of the terms and
provisions thereof, as amended by this Agreement.
4. The undersigned Borrower(s) acknowledge receipt and acceptance of the
Loan Modification Settlement Statement. Borrower(s) agree with the
information disclosed in and understand that I/we am/are responsible for
payment of any outstanding balances outlined in the Loan Modification
Settlement.
5. The undersigned Borrower(s) acknowledge receipt and acceptance of the
Borrower Acknowledgements, Agreements, and Disclosures Document (BAAD).
6. If included, the undersigned Borrower(s) acknowledge receipt and
acceptance of the Truth in Lending statement.
7. If included, the undersigned Borrower(s) acknowledge receipt and
acceptance of the Special Flood Hazard Area (SFHA).
8. That (he/she/they) (is/are) the Borrower(s) on the above-referenced
Mortgage Loan serviced by Wells Fargo Bank, N A.
That (he/she/they) have experienced a financial hardship or change in
financial circumstances since the origination of (his/her/their)
Mortgage Loan.
That (he'/she/they) did not intentionally or purposefully default on the
Mortgage Loan in order to obtain a loan modification.
LM521/H2H/2
Together we'll go far
Wells Fargo Home Mortgage Is a dlvisim of%*Bs Fargo Bank Nr. _. _...._
Y
. !
Wills Fargo Home Mortgage
MAC X9999o1N
1000 Blue Gentian Rd
Ste 300
Eagan, MN 55121
CORRECTION AGREEMENT. The undersigned borrower(s), for and in
consideration of the approval, closing and funding of this
modification, hereby grants Wells Fargo Bank, N A, as
lender, limited power of attorney to correct and/or initial all
typographical or clerical errors discovered in the Modification
Agreement required to be signed. In the event this limited power of
attorney is exercised, the undersigned will be notified and receive
a copy of the document executed or initialed on their behalf. This
provision may not be used to modify the interest rate, modify the
term, modify the outstanding principal balance or modify the
undersigned's monthly principal and interest payments as modified by
this agreement. Any of these specified changes must be executed
directly by the undersigned. This limited power of attorney shall
automatically terminate in 12 d s from the closing date of the
undersigned's Modification. (Borrower(s) initial)
i
IN WITNESS WHEREOF, the Pa i hereto have executed this Agreement as
the date first above written.
By signing this Agreement I hereby consent to being contacted concerning
this loan at any cellular or mobile telephone number I may have. This
includes text messages and telephone calls including the use of
automated dialing systems to contact my cellular or mobile telephone.
You will not be billed by your cellular or mobile carrier for any text
messages you may receive from Wells Fargo, however, any calls we place
to your cellular or mobile phone will incur normal airtime charges
assessed by your mobile carrier.
Dat as of his da Hof
Ro ri M Alv r o
Signature
Decez4 64, , 20__Lo_.
Signature
Halimo Y. Adem
Wells Fargo Banc, N A ce President Loan Documentation
Mortgage Electronic Registration Systems, Inc.
Name:
Its:
LM527 H2H 3
Together we'll go far
Wells Fargo Home Mortgage is a division of Welts Fargo Bank N.A.
J 11 . !
VERIFICATION
Justina Luna, hereby states that h /she s Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that hs&s authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of his he nformation and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
0 I r Name: Justina Luna
DATE: _ I
Title: Vice President. Loan Documentation
032-PA-V3.1 XFP-158552
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-8153 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SUCCESSOR BY
MERGER TO WACHOVIA BANK, N.A. Plaintiff (s)
From RODRIGO M. ALVARADO
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him; her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $151,455.78 L.L.: $.50
Interest FROM 12/21/2011 TO DATE OF SALE - $3,319.68
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $184.50 Other Costs:
Plaintiff Paid:
Date: 2/28/12
David D. B ell, Prothono
(Seal)
Deputy
REQUESTING PARTY:
Name: ASHLEIGH L. MARIN, ESQUIRE
Address: ZUCKER, GOLDBERG & ACKERMAN, LLC
200 SHEFFIELD STREET, SUITE 101
MOUNTAINSIDE, NJ 07092
Attorney for: PLAINTIFF
Telephone: 908-233-8500
Supreme Court ID No. 306799
1 i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
vs.
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A. ,
Plaintiff,
Rodrigo M. Alvarado;
Defendant.
File No. 11-8153
PRAECIPE FOR EXECUTION
Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the
following described property of the defendant(s):
See Exhibit "A" attached
PRAECIPE FOR ATTACHMENT EXECUTION
Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description;
supply four copies of lengthy personality list):
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE:
V Cat,
sag, Sa V 0
L45-(X) UP
99. ao l
1G. SO
as<<k_
/
r
Signature: (411 C A
Print Name: Scott A..ietterick, Esquire
Kimberly A. Bonner, Esquire
Joel Ackerman, Esquire
Ashleigh L. Marin, Esquire
Ralph M. Salvia, Esquire
Jaime R. Ackerman, Esquire
Address: Zucker, Goldberg & Ackerman, LLC
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
Attorney for: Plaintiff
Telephone: 908-233.8500
Supreme Court ID No.:
TO THE PROTHONOTARY OF THE SAID COURT:
Amount Due $151,455.78 `--
Interest from 12!21/2011 to date of sale $3-,J168,"
CU
-
QJ ,
Cn
Costs r\)
cc)
CDT
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of
1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
55650
89705
202567
306799
202946
311032
/ucker. G?Irlhcrp< & ,lckcrma.n. 1.1 C
XI1-1?'R>5'
a- K-3 u C_
6, s
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN,
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(31) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMMERMAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO. 5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED
IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRANTED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
bucker. (koldbcrE> & Ackerman, I.LC
XHI-{5855,2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A.
VS.
Plaintiff,
Rodrigo M. Alvarado;
Defendant(s).
C")
Fri
CIVIL DIVISION
NO.: 11-8153 "-
C)
0
Execution No.: >
AFFIDAVIT PURSUANT TO RULE 3129.1
L-
tV C"
Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. , Plaintiff in the
above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at 806 Sherwood Road, New Cumberland, PA
17070.
1. Name and Address of Owner(s) or Reputed Owner(s):
RODRIGO M. ALVARADO, MARRIED MAN
806 Sherwood Road
New Cumberland, PA 17070
2. Name and Address of Defendant(s) in the Judgment:
RODRIGO M. ALVARADO
806 Sherwood Road
New Cumberland, PA 17070
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A.
Plaintiff
CHILDRENS SCHOOL OF NEW CUMBERLAND
617 16th Street
New Cumberland, PA 17070
/ucka. G ldbers 4 Ackerman. I.i <
KIT-I>`i?5.'
4. Name and Address of the last record holder of every mortgage of record:
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK,
N.A.
Plaintiff
MERS AS NOMINEE FOR CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP
PO Box 2026
Flint, MI 48501-2026
AND
444 Jacksonville Road
Warminster, PA 18974
5. Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF WELFARE
P.O. Box 2675
Harrisburg, PA 17105
7. Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE
Domestic Relations Section
13 N. Hanover Street
PO Box 320
Carlisle, PA 17013
UNKNOWN TENANT OR TENANTS
806 Sherwood Road
New Cumberland, PA 17070
UNKNOWN SPOUSE
806 Sherwood Road
New Cumberland, PA 17070
Lucka (;oldh,-rst & Ackerm.in. I 1 C
., x1.17_, y!(5
PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION
Dept. 280601
Harrisburg, PA 17128-0601
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
ZUCKER GOLDBERG & ACKERMAN, LLC
}
V
Dated: V 11 BY:
Scott A. Die r c , squire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. 4311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
File No.: XFP-158552
(908) 233-8500; (908) 233-1390 FAX
E-mail: Office@zuckergoldberg.com
Aicker. (ioldhvrg & Ackuman_ I I C
x1:11-1 iRi51
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN,
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(31) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMMERMAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO.5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED
IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRANTED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
Zockc:-. (ioldboa & Ackerman, H,C
NIT-158552
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
VS.
Rodrigo M. Alvarado;
Defendant(s).
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Rodrigo M. Alvarado
806 Sherwood Road
New Cumberland, PA 17070
TAKE NOTICE:
rso
-'? > C?7
C ?l
C)
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 6/6/2012
at 10:00am prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a
brief mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
806 Sherwood Road, New Cumberland, PA, 17070
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 11-8153
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Rodrigo M. Alvarado
Zucker, Goldberg & Ackerman, LLC
XFP-158552
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks
that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff
thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with
this schedule will, in fact, be made unless someone objects by filing exceptions to it,
within ten (10) days of the date it is filed. Information about the Schedule of Distribution
may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Lawyer Referral Service of the
Cumberland County Bar Association
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious defense against
the person or company that has entered judgment against you. You may also file a
petition with the same Court if you are aware of a legal defect in the obligation or the
procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly inadequate
price or for other proper cause. This petition must be filed before the Sheriffs Deed
is delivered.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common Pleas of
Cumberland County. The petition must be served on the attorney for the creditor or
on the creditor before presentation to the Court and a proposed order or rule must be
attached to the petition. If a specific return date is desired, such date must be
obtained from the Court Administrator's Office, Cumberland County Courthouse,
One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the
petition to the Court.
ZUCKER GOLDBERG & ACKERMAN, LLC
Dated: \ BY: _
Scott A. Dietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
File No.: XFP-158552
(908) 233-8500; (908) 233-1390 FAX
E-mail: Office@zuckergoldberg.com
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND
VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN,
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(31) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMMERMAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO.5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED
IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRAN'T'ED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
locker, Goldberg & Ackerman, LL.C
Y
%
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAfl1f l 'C ''? ?`
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION ?'' tL f4(Q COUNTY
Wachovia Bank, N.A., r' YL VA141A
NO.: 11-8153
Plaintiff,
VS. TYPE OF PLEADING
Rodrigo M. Alvarado; Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE
OF DEFENDANT/OWNER AND
Defendant. OTHER PARTIES OF INTEREST
FILED ON BEHALF OF:
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A.
COUNSEL OF RECORD FOR THIS PARTY:
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire PA I.D. #55650
Kimberly A. Bonner, Esquire- PA I.D. #89705
Joel A. Ackerman, Esquire- PA I.D. #202729
Ashleigh L. Marin, Esquire- PA I.D. #306799
Ralph M. Salvia, Esquire- PA I.D. #202946
Jaime R. Ackerman, Esquire- PA I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
officeCcDzuckereoldbere.com
File No.: XFP- 158552/dsc
Zucker, Goldberg & Ackerman, LLC
XFP-158552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff,
NO.: 11-8153
VS.
Rodrigo M. Alvarado;
Defendant.
Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF
DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST
I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys
for Plaintiff, Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. , being duly sworn
according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of
Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as
follows:
1. Defendant, Rodrigo M. Alvarado, married man, is the record owner of the real property.
2. On or about March 21, 2012, Defendant Rodrigo M. Alvarado was served with Plaintiffs
Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of
Cumberland County, at the address of the mortgaged premises, being 806 Sherwood Road, New
Cumberland, PA 17070. A true and correct copy of said Notice and Proof of Service are marked Exhibit
"A", attached hereto and made a part hereof.
3. On or about April 3, 2012, Plaintiff's counsel served all other parties in interest with
Plaintiffs Notice of Sheriffs Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Class
U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and
Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of
Interest were served with Plaintiffs Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P.
3129.2.
ZUCKER, GOLDBERG & ACKERMAN, LLC
Attorneys for Plaintiff
Dated: April 18, 2012
Sworn to and subscribed
me this ¢dy of April, 2012
Notary Pu lic`
- MISSION EXPIRES:
SHEREZA DEONARINE
Notary It)?I2407261 Je?11
My Commission Expires 411212016
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Paralegal/Legal Assistant
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP-158552
a
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICE OFTAR 5NEWF
Wells Fargo Bank, N.A. Case Number
vs. 2011-8153
Rodrigo M. Alvarado
SHERIFF'S RETURN OF SERVICE
03/2112012 12:00 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting
a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the
property located at 806 Sherwood Road, New Cumberland Borough, New Cumberland, PA 17070,
Cumberland County.
03/21/2012 12:00 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be Celeste Jack, Adult in charge,
who accepted as "Adult Person in Charge" for Rodrigo M. Alvarado at 806 Sherwood Road, New
Cumberland Borough, New Cumberland, PA 17070, Cumberland County.
SHERIFF COST: $916.20
March 27, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CoWyWto sheen. 7eleosofi. Im.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
VS.
Rodrigo M. Alvarado;
Defendant(s).
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Rodrigo M. Alvarado
806 Sherwood Road
New Cumberland, PA 17070
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 6/6/2012
at 10:00am prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a
brief mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
806 Sherwood Road, New Cumberland, PA, 17070
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 11-8153
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Rodrigo M. Alvarado
Zucker, Goldberg & Ackerman, LLC
XFP-158552
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks
that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff'
thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with
this schedule will, in fact, be made unless someone objects by filing exceptions to it,
within ten (10) days of the date it is filed. Information about the Schedule of Distribution
may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Lawyer Referral Service of the
Cumberland County Bar Association
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious defense against
the person or company that has entered judgment against you. You may also file a
petition with the same Court if you are aware of a legal defect in the obligation or the
procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly inadequate
price or for other proper cause. This petition must be filed before the Sheriffs Deed
is delivered.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common Pleas of
Cumberland County. The petition must be served on the attorney for the creditor or
on the creditor before presentation to the Court and a proposed order or rule must be
attached to the petition. If a specific return date is desired, such date must be
obtained from the Court Administrator's Office, Cumberland County Courthouse,
One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the
petition to the Court.
ZUCKER GOLDBERG & ACKERMAN, LLC
Dated: W"Wo BY:
Scott A. Diette '&, Esquire; PA T.D. #55650
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
File No.: XFP-158552
(908) 233-8500; (908) 233-1390 FAX
E-mail: Office@zuckergoldberg.com
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND
VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Exhibit w,
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN,
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(31) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMM[ERNIAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO.5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED
IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRANTED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
Zuckcr, Goidb"g & Ackerman, LLC:
XFP-158532
EXHIBIT 6
Zucker, Goldberg & Ackerman, LLC
XFP-158552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
VS.
Rodrigo M. Alvarado;
Defendant(s).
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO PaILC.P. 3129(b)
TO:
UNKNOWN TENANT OR TENANTS
806 Sherwood Road
New Cumberland, PA 17070
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF WELFARE
P.O. Box 2675
Harrisburg, PA 17105
CUMBERLAND COUNTY TAX CLAIM
BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
MERS AS NOMINEE FOR CARDINAL
FINANCIAL COMPANY, LTD.
PARTNERSHIP
PO Box 2026
Flint, MI 48501-2026
UNKNOWN SPOUSE
806 Sherwood Road
New Cumberland, PA 17070
PA DEPT. OF REVENUE- INHERITANCE
TAX DIVISION
Dept. 280601
Harrisburg, PA 17128-0601
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
Domestic Relations Section
13 N. Hanover Street
PO Box 320
Carlisle, PA 17013
CHILDRENS SCHOOL OF NEW
CUMBERLAND
617 16th Street
New Cumberland, PA 17070
MERS AS NOMINEE FOR CARDINAL
FINANCIAL COMPANY, LTD.
PARTNERSHIP
444 Jacksonville Road
Warminster, PA 18974
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in:
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013
On 6/62012 at 10:00am, the following described real estate which Rodrigo M. Alvarado, married man
are the owners or reputed owners and on which you may hold a lien or have an interest which could be
affected by the sale of.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
158552DIO04CO3212012P1
806 Sherwood Road,
New Cumberland, PA 17070
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
Zucker, Goldberg & Ackerman, LLC
XFP-158552
158552D1004C03212012P2 1.
The said Writ of Execution has been issued on a judgment in the action of
Wells Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A.
Plaintiff
VS.
Rodrigo M. Alvarado, et al
Defendant(s)
at EX. NO. 11-8153 in the amount of $151455.78 plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should
contact your attorney as soon as possible.
ZUCKER, GOLDBEgg-& ACKERMAN, LLC
Dated: BY: 4??
?p- Sco ietterick, Esquire, P I.D. #55650
Ki erly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA T.D. #202729
Ashleigh L. Marin, Esquire; Pa T.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA T.D. #311032
200 Sheffield Street, Suite 301
Mountainside, NJ 07092
File No.: XFP-158552
(908) 233-8500; (908) 233-1390 FAX
E-mail: Office@zuckergoldberg.com
Zucker, Goldberg & Ackerman, LLC
XFP-158552
158552DI004C03212012P3
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN, -
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(3 I) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMMERMAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO.5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRANTED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
Zucker, Goldberg & Ackerman, LLC
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XFP-158552/sde TEAM C
MERS AS NOMINEE FOR CARDINAL FINANCIAL
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XFP-158552/sde TEAM C
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c/a Zucker, Goldberg & Ackerman, LLC ?-
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
XFP-158552/sde TEAM C
To* CHILDRENS SCHOOL OF NEW CUMBERLAND Postmark Here
617 16th Street
New Cumberland, PA 17070
County of P.Q.: CUMBERLAND
Ps Form 3817, April 2007 PSN 7530-02-000-9065
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13 N. Hanover Street
County of P.Q.; CUMBERLAND
PS Form 3817, April 2007 PSN 7530-02-000-9065
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XFP-158552/sda TEAM C
PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Ponmrk Here
Dept. 280601
Harrisburg, PA 17128-0601
County of P.Q.: CUMBERLAND
PS Form 3817, April 2007 PSN 7530-02-000-9065
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vo. UNKNOWN SPOUSE Pogmar« Here
806 Sherwood Road
New Cumberland, PA 17070
County of P.Q.: CUMBERLAND
PS Form 3817, April 2007 PSN 7530-02-000-9065
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
LON„tV d1 411?rt?r???y?
OFFICE,, °° T-E SkERIFF
"_! ED-QFFICE
C I HE PROTHIDgOTARY
2012 JUN 27 AN 8: b S
CUMIE?„ANd COUNTY
PEN SYLVANIA
Wells Fargo Bank, N.A.
vs.
Rodriqo M. Alvarado
Case Number
2011-8153
SHERIFF'S RETURN OF SERVICE
03/21/2012 12:00 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by postinc
a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the
property located at 806 Sherwood Road, New Cumberland Borough, New Cumberland, PA 17070,
Cumberland County.
03/21/2012 12:00 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be Celeste Jack, Adult in charge,
who accepted as "Adult Person in Charge" for Rodriqo M. Alvarado at 806 Sherwood Road, New
Cumberland Borough, New Cumberland, PA 17070, Cumberland County.
05/29/2012 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012
06/22/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $947.04
June 22, 2012
SO ANSWERS,
r,z -, ? ?2 za? ?
RON R ANDERSON, SHERIFF
sV Pw-
(c) CeuntySuite Sher!ft, Te,eosoft. Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A. ;
NO.: 11-8153
Plaintiff, ;
vs. Execution No.:
Rodrigo M. Alvarado;
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. , Plaintiff in the
above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at 806 Sherwood Road, New Cumberland, PA
17070.
1. Name and Address of Owner(s) or Reputed Owner(s):
RODRIGO M. ALVARADO, MARRIED MAN
806 Sherwood Road
New Cumberland, PA 17070
2. Name and Address of Defendant(s) in the Judgment:
RODRIGO M. ALVARADO
806 Sherwood Road
New Cumberland, PA 17070
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A.
Plaintiff
CHILDRENS SCHOOL OF NEW CUMBERLAND
617 16th Street
New Cumberland, PA 17070
/.ucker. G 01dk-re & Ackerman. H.(-
XFP-158152
4. Name and Address of the last record holder of every mortgage of record:
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK,
N.A.
Plaintiff
MERS AS NOMINEE FOR CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP
PO Box 2026
Flint, MI 48501-2026
AND
444 Jacksonville Road
Warminster, PA 18974
5. Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF WELFARE
P.O. Box 2675
Harrisburg, PA 17105
7. Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE
Domestic Relations Section
13 N. Hanover Street
PO Box 320
Carlisle, PA 17013
UNKNOWN TENANT OR TENANTS
806 Sherwood Road
New Cumberland, PA 17070
UNKNOWN SPOUSE
806 Sherwood Road
New Cumberland, PA 17070
7_ucker. Goldberg & Ackerman. H-C
XFP-158i52
PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION
Dept. 280601
Harrisburg, PA 17128-0601
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities.
ZUCKER GOLDBERG & ACKERMAN, LLC
Dated: l k Al- 1 I BY: /
Scott A. ie 4c, I.D. #55650
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
File No.: XFP-158552
(908) 233-8500; (908) 233-1390 FAX
E-mail: Office@zuckergoldberg.com
Zucker. Goldberg & Ackerman, L.LC
XFP453552
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN,
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(31) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMMERMAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO.5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED
IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRANTED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
bucker, GoldberV- B Ackerman, LLC
aFP_tSRii7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION
Wachovia Bank, N.A.
Plaintiff, NO.: 11-8153
VS.
Rodrigo M. Alvarado;
Defendant(s).
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Rodrigo M. Alvarado
806 Sherwood Road
New Cumberland, PA 17070
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 6/6/2012
at 10:00am prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a
brief mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
806 Sherwood Road, New Cumberland, PA, 17070
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 11-8153
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Rodrigo M. Alvarado
Zucker, Goldberg & Ackerman, LLC
XFP-158552
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or. corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks
that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff
thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with
this schedule will, in fact, be made unless someone objects by filing exceptions to it,
within ten (10) days of the date it is filed. Information about the Schedule of Distribution
may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
CAN GET FREE LEGAL ADVICE.
Lawyer Referral Service of the
Cumberland County Bar Association
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious defense against
the person or company that has entered judgment against you. You may also file a
petition with the same Court if you are aware of a legal defect in the obligation or the
procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly inadequate
price or for other proper cause. This petition must be filed before the Sheriffs Deed
is delivered.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common Pleas of
Cumberland County. The petition must be served on the attorney for the creditor or
on the creditor before presentation to the Court and a proposed order or rule must be
attached to the petition. If a specific return date is desired, such date must be
obtained from the Court Administrator's Office, Cumberland County Courthouse,
One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the
petition to the Court.
ZUCKER GOLDBERG & ACKERMAN, LLC
Dated: r? `l 1 BY:
Scott A. Dietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
File No.: XFP-158552
(908) 233-8500; (908) 233-1390 FAX
E-mail: Office@zuckergoldberg.com
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND
VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO.
Zucker, Goldberg & Ackerman, LLC
XFP-158552
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND,
COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA BEING MORE
PARTICULARLY DESCRIBED ACCORDING TO SURVEY OF ROY M. H. BENJAMIN,
REGISTERED PROFESSIONAL ENGINEER, DATED FEBRUARY 16, 1970. AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHERWOOD ROAD, AT THE
WESTERLY LINE OF LOT NOA. BLOCK "A", ON THE HEREINAFTER MENTIONED PLAN OF
LOTS, SAID POINT BEING LOCATED ONE HUNDRED NINETY-EIGHT AND SIXTY-ONE ONE-
HUNDREDTHS (198.61) FEET WEST OF THE SOUTHWEST CORNER OF THE SOUTHERLY
INTERSECTION OF LOCUST STREET AND SHERWOOD ROAD; THENCE SOUTH THIRTY-ONE
(31) DEGREES, THIRTY (30) MINUTES EAST ALONG SAID LINE OF LOT NO. 4, BLOCK "A",
ONE HUNDRED NINETEEN AND NINETY-THREE ONE-HUNDREDTHS (119.93) FEET TO A
POINT ON LINE OF LANDS NOW OR FORMERLY OF ELMER E. ZIMMERMAN. KNOWN AS
"ZIMMERMAN ACRES"; THENCE ALONG THE LATTER LANDS, SOUTH FIFTY-EIGHT (58)
DEGREES WEST, SEVENTY-ONE AND THREE ONE-HUNDREDTHS (71.03) FEET TO A POINT
AT CORNER OF LOT NO.6. BLOCK "A" ON SAID PLAN OF LOTS THENCE NORTH TWENTY-
SIX (26) DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO.6, BLOCK "A", ONE
HUNDRED TWENTY AND EIGHTY-SIX ONE-HUNDREDTHS (120.86) FEET TO A POINT ON
THE SOUTHERLY LINE OF SHERWOOD ROAD AFORESAID: THENCE NORTHEASTWARDLY
BY A CURVE TO THE LEFT HAVING A RADIUS OF ONE HUNDRED (100) FEET, NINE AND
EIGHT ONE-HUNDREDTHS (9.08) FEET TO A POINT; THENCE CONTINUING ALONG
SHERWOOD ROAD, NORTHEASTWARDLY FIFTY AND NINETY-TWO ONE-HUNDREDTHS
(50.92) FEET TO A POINT, THE PLACE OF BEGINNING.
BEING LOT NO.5. BLOCK "A", ON THE PLAN OF LOTS OF HIGHLAND PARK EXTENSION,
RECORDED
IN PLAN BOOK 5. PAGE 59, CUMBERLAND COUNTY RECORDS.
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE BEING
KNOWN AND NUMBERED AS 806 SHERWOOD ROAD, NEW CUMBERLAND, PA, 17070.
BEING THE SAME PREMISES WHICH NANCY L. SMITH, SINGLE WOMAN, BY
DEED DATED MAY 19, 2005 AND RECORDED MAY 27, 2005 IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 269, PAGE 397, GRANTED AND
CONVEYED UNTO RODRIGO M. ALVARADO, MARRIED MAN.
TAX MAP NO.: 26-23-0543-176.
Zucker, Goldherg R Ackerman, I.LC
XHP-158552
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-8153 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SUCCESSOR BY
MERGER TO WACHOVIA BANK, N.A. Plaintiff (s)
From RODRIGO M. ALVARADO
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $151,455.78 L.L.: $.50
Interest FROM 12/21/2011 TO DATE OF SALE - $3,319.68
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $184.50 Other Costs:
Plaintiff Paid:
Date: 2/28/12
David D. B ell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: ASHLEIGH L. MARIN, ESQUIRE
Address: ZUCKER, GOLDBERG & ACKERMAN, LLC
200 SHEFFIELD STREET, SUITE 101
MOUNTAINSIDE, NJ 07092
Attorney for: PLAINTIFF
Telephone: 908-233-8500 TRUE COPY FR0%P -, EC0RD
lrljestlmony whereof, I here unto set my hand
Supreme Court ID No. 306799 apd th11 -eal of said Court at Carlisle, Pa.
Tbis 70 day of _&_i2-, 20 / a
Prot onotary
On March 14, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in New
Cumberland Borough, Cumberland County, PA, known
and numbered 606 Sherwood Road, New Cumberland,
PA 17070 more fully described on Exhibit"A" filed with
this writ and by this reference incorporated herein.
Date: March 14, 2012
By:
For Claudia Brewbaker, Real Estate Coordinator
Z 1 :E C bZ 931 ZIUZ
CUMBERLAND LAW JOURNAL
Writ No. 2011-8153 Civil Term
Wells Fargo Bank, N.A. successor
by merger to Wachovia Bank, N.A.
VS.
Rodrigo M. Alvarado
Atty.: Ashleigh L. Marin
ALL THAT CERTAIN tract of land
situate in the Borough of New Cum-
berland, County of Cumberland.
Commonwealth of Pennsylvania
being more particularly described
according to survey of Roy M. H.
Benjamin, registered professional
engineer, dated February 16, 1970.
as follows, to wit:
BEGINNING at a point on the
southerly line of Sherwood Road, at
the westerly line of Lot No.4. Block
"A", on the hereinafter mentioned
plan of lots, said point being located
one hundred ninety-eight and sixty-
one one-hundredths (198.61) feet
west of the southwest comer of the
southerly intersection of Locust
Street and Sherwood Road; thence
South thirty-one (31) degrees, thirty
(30) minutes East along said line of
Lot No.4, Block "A", one hundred
nineteen and ninety-three one-hun-
dredths (119.93) feet to a point on
line of lands now or formerly of Elmer
E. Zimmerman. known as "Zimmer-
man Acres"; thence along the latter
lands, South fifty-eight (58) degrees
West, seventy-one and three one-
hundredths (71.03) feet to a point at
comer of Lot No.6. Block "A" on said
plan of lots thence North twenty-six
(26) degrees West along the east-
erly line of Lot No.6, Block "A", one
hundred twenty and eighty-six one-
hundredths (120.86) feet to a point
on the southerly line of Sherwood
Road aforesaid: thence northeast
wardly by a curve to the left having a
radius of one hundred (100) feet, nine
and eight one-hundredths (9.08) feet
to a point; thence continuing along
Sherwood Road, northeastwardly
fifty and ninety-two one-hundredths
(50.92) feet to a point, the place of
BEGINNING.
BEING Lot No. 5. Block "A", on the
Plan of Lots of Highland Park Exten-
sion, recorded in Plan Book 5. Page
59, Cumberland County Records.
HAVING THEREON ERECTED
a one story frame dwelling house
being known and numbered as 806
Sherwood Road, New Cumberland,
PA, 17070.
BEING THE SAME PREMISES
which Nancy L. Smith, single woman,
by deed dated May 19, 2005 and
recorded May 27, 2005 in and for
Cumberland County, Pennsylvania,
in Deed Book Volume 269, Page 397,
granted and conveyed unto Rodrigo
M. Alvarado, married man.
TAX MAP NO.: 26-23-0543-176.
33
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 27, May 4, and May 11, 2012
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r
isa ari
e Coyne, E for
SWORN TO AND SUBSCRIBED before me this
da of Ma 2012 _
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot-News Co.
2020 Technology Pkwy
Suite 300 ,
Mechanicsburg; PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
This ad ran on the date(s) shown below:
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The PaWWWW"nd The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither s nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations oft is statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
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04/27/12
05/04/12
05/11/12
Sworn to anAubscribed\befork me
Notary Pub icl
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Now you know
May, 2012` A.D.
J - BUJ
COMMONWEALTIJ OF PENNSYLVANIA
Noterlel Seal
Sherrie L. Owens, Notary Pubik
[__L'Paxton Twp., Dauphin County
y Comml?lon Nov. 26, 2015
MEMBER PENNSYLVANU ASSOCL?TION OF NOTARIES
2011-8153 Civil Term
`,yells Fargo Bank, N.A.
successor by merger to
Wachovia Bank, N.A.
VS
Rodrigo M. Alvarado;
Atty: Ashlelgh L. Merin
All That Certain Tract Of Land Situate In
The Borough Of New Cumberland,
County Of Cumberland. Commonwealth
Of Pennsylvania Being More
Particularly Described According To Survey
Of Roy M. H. Benjamin,
Registered Professional Engineer, Dated
February 16.1970. As Follows, To
Wit:
Beginning At A Point On The Southerly
Line Of Sherwood Road, At The
Westerly Line Of Lot NoA Block `A', On
The Hereinafter Mentioned Plan Of
Lots, Said Point Being Located One
Hundred Ninety-Eight And Sixty-One
One-Hundredths (198.61) Feet West Of
The Southwest Comer Of The Southerly
Intersection Of Locust Street And
Sherwood Road; Thence South Thirty-One
(31) ID:grees, Thirty (30) Minutes East
Along Said Line Of Lot No.4, Block A',
bne Hundred Nineteen And Ninety-Three
OnE-dundredths (119.93) Feet To A
Point On Line Of Lands Now Or Formerly
Of Elme. E. Zimmerman. Known As
"Zimmerman Acres"; Thence Along The
Latter ],ands, South Fifty-Eight (58)
Degrees West, Seventy-One And Three
One-Hundredths (71.03) Feet To A Point
At Corner Of Lot No.6. Block 'A' On Said
Plan Of Lots Thence North Twenty-
Six k26) Degrees West Along The Easterly
Line Of Lot NoA Block 'A', One
Hundred Twenty And Eighty-Six One-
Hundredths (120.86) Feet To A Point On
The Southerly Line Of Sherwood Road
Aforesaid: Thence Northeast Wardly
By A Curve To The Left Having A Radius
Of One Hundred (100) Feet, Nine And
Eight One-Hundredths (9.08) Feet To A
Point; Thence Continuing Along
Sherwood Road, Northeast Wardly Fifty
And Ninety-Two One-Hundredths
(50.92) Feet To A Point, The Place Of
Beginning. Being Lot No.5. Block 'A',
On The Plan Of Lots Of Highland Park
Extension, Recorded In Plan Book 5. Page
59, Cumberland County Records.
Having Thereon Erected A One Story
Frame Dwelling House Being Known And
Numbered As 806 Sherwood Road, New
Cumberland, Pa, 17070.
Being The Same Premises Which Nancy L.
Smith, Single Woman, By
Deed Dated May 19, 2005 And Recorded
May 2:', X005 In And For Cumberland
County, Pennsylvania, In Deed Book
%bune 269, Page 397, Granted And
Cocveyed Unto Rodrigo M. Alvarado,
Married Man.
]ha Map No.: 26-23-0543-176.