Loading...
HomeMy WebLinkAbout13-1409 M1LSTlAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire 11) No. 203145 ' 220 Lake Drive East, Suite 301 Cherry Hill, N.1 08002 (856) 482 -1400 Attorne f Plaintiff File No.:i45,.,f�O8M`IJI The Bank of New York Mellon F /K/A The COURT OF COMMON PLEAS Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS, Inc., Asset - Backed Certificates, Series 2007 -8 475 Crosspoint Parkway Getzville, NY 14068 Plaintiff, . � No.. Vs. Malcolm D. Wertz and Known/Unknown Occupants 320 3rd Street a /k/a 320 Third Street New Cumberland, PA 17070, D efendants CIVIL ACTION (REAL PROPERTY) LEASE OR EJECTMENT You have been sued in Court. If you wish to defend against the claims set forth on 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 an attorney and filing in writing with the Court, your defense or objects 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 claims or relief requested by the Plaintiff. You may lose money or personal or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 -249 -3166 C� ll� 3 C Imo# d &v NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ■■ t t t t ■■ t t t ■■ t t t t t t t t t t t t ■■ t t t ■■ t ■■ t t t t ■■ t/ t t t■ t t t t t t / t t t t t t ■ ■■ t t t t ■■ t t t t ■/■ t t l 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. ?. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment: will be mailed to you by our offices M11_STEAD & ASSOCIATES, LLC BY. Patrick. Wesner, Esquire 11) No. 203145 220 Lake Drive East. Suite 301 Chevy FI111, NJ 08002 (856) 482 - -1400 Attorn for Plaintif File No.: 45.19738EVIC The Bank of New York Mellon F /K/A The COURT OF COMMON PLEAS _ Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS, Inc., Asset - Backed Certificates, Series 2007 -8 475 Crosspoint Parkway (;etzville, NY 14068 Plaintiff, No.: Vs. Malcolm 1). Wertz and Known /Unknown Occupants 320 3rd Street a /k/a 320 Third Street New Cumberland, PA 17070, De COMPLAINT IN EJECTMENT 1. The Bank of New York Mellon F /K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset - Backed Certificates, Series 2007 -8 (herein referred to as ``Plaintiff „ ) is a bank, conducting business under the laws of the Commonwealth of Pennsylvania and brings this Ejectment action against Defendants, Malcolm D. Wertz and Known /Unknown Occupants (The "Defendants "). 2. Defendants are the individuals occupying 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070, (hereinafter referred to as "Premises ") more fully described in the legal description attached as Exhibit "A ". 3. Plaintiff is the record owner of the Premises where Defendants reside having filed a Complaint in Mortgage Foreclosure proceeded to judgment in that action and acquired Title to the Premises by a Sheriff Sale, which took place on December 5, 2012 in favor of Plaintiff. The Deed was recorded on February 22, 2013 in Instrument Number: 201306042. Please see a copy of the Recorded Sheriff s Deed attached hereto as Exhibit "B ". 4. The Defendants have no valid legal right to possession and Title to the Premises. 5. Plaintiff claims the right to possession of the Premises to the exclusion of the Defendants. WHEREFORE, Plaintiff seeks to recover possession of the premises MILSTEAD & ASSOCIATES, LLC By: Patrick J. seer, Esquire ID No. 203145 Attorney for Pain iff t VERIFICATION I, Patrick .I. Wesner, Esquire hereby certify that I am an Attorney for Plainti ff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. MILSTEAD & ASSOCIATES, LLC By: Patrick J. Wesnc . Esquire ID No. 203145 Attorney for Plaintiff ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of Third Street thirty -two (32) feet southwestwardly from the southwest corner of Third Street and Locust Avenue thence in a southwestwardly direction along the easterly line of Third Street a distance on forth- three (43) feet, more or less, to a post; thence on a line at right angles with the line of Third Street, a distance of one hundred forty (140) feet to a post along the westerly line of a twenty (20) foot wide public; alley, a distance of forty -three (43) feet, more or less, to a point; thence on a line at right angles to said public alley, a distance of one hundred forty (140) feet to the place of BEGITvMNG. BEING part of Block A, as laid down in the Plan of Buttorff's Addition to the Borough of New Cumberland. EIAVING THEREON ERECTED a dwelling house Fitle to said Premises vested in Malcolm D. Wertz by Deed from Barbara R. Rohrbaugh and Michael P. Rorhbaugh, h/w dated December 28, 2002 and recorded on January 14, 2003 in the Cumberland County Office of the Recorder of Deeds in Book 255, Page 1658 as Instrmnent No. 2003 -001774. Being known as 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070 Tax Parcel Number: 25 -25- 0006 -247 E )� 002W5D 'Tax Parcel No. 25 -25- 0006 - 247 That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of S 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to The Bank of New York Mellon F /KJA T'he Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset - Backed Certificates, Series 2007 -8 Writ Nc. 2012 -474 Civil Term The Bank of New York Mellon F /K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset - Backed Certificates, Series 2007 -8 Vs Malcolm D. Wertz ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of Third Street thirty -two (32) feet southwestwardly from the southwest corner of Third Street and Locust Avenue thence in a southwestwardly direction along the easterly line of Third Street a distance on forth- three (43) feet, more or less, to a post; thence on a line at right angles with the line of Third Street, a distance of one hundred forty (140) feet to a post along the westerly line of a twenty (20) foot wide public alley, a distance of forty -three (43) feet, more or less, to a point; thence on a line at right angles to said public alley, a distance of one hundred forty (140) feet to the place of BEGINNING. BEING part of Block A, as laid down in the Plan of Buttorff s Addition to the Borough of New (;timberland. HAVING THEREON ERECTED a dwelling house Title to said Premises vested in Malcolm D. Wertz by Deed from Barbara R. Rohrbaugh and NIichael P. Rorhbaugh, h/w dated December 28, 2002 and recorded on January 14, 2003 in the Cumberland County Office of the Recorder of Deeds in Book 255, Page 1658 as Instrument No. 2003 - 001774. Being known as 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070 Tax Parcel Number: 25 -25- 0006 -247 H, The same having been sold by me to the said grantee on the 5th day of December Anno Domini "Two Thousand and Twelve (2012) after due advertisement accordinb to law, under and by Virtue of a Writ of Execution issued on the 4th of September Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Tcrm, Two Thousand and Twelve (2012) Number 474 at the suit of The Bank of New York Mellon F /K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset - Backed Certificates, Series 2007 -8 -vs- Malcolm D. Wertz fn Witness Whereof, 1 have hereunto affixed my signature this 4th f,0ay o f February Anno Domini Two Thousand and Thirteen (2013) Ronny k. Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 4th day of February Anno Domini Two Thousand and Thirteen (2013) 1 y � 3 Prothonotary. P nifonotary, Cumberland County, Carlisle, PA „ mmission Expires the first Monday of Jan. 2G i4 1 hereby certify that the resicl'nce And Post Office address of the Within Grantee is 475 Crosspoint Parkway Getzville, NY 14068 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = �` 717 - 240 -6370 - d Instrument Number - 201306042 Recorded On 2/22/2013 At 2:16:26 PM * Total Pages - 5 • Instrument Type - DEED - SHERIFF'S Invoice Number - 130059 User ID - KW • Grantor - WERTZ, MALCOLM D • Grantee - CWABS INC • Customer - SHERIFF * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $13.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $0.00 DISTRICT NEW CUMBERLAND BOROUGH $0.00 TOTAL PAID $64.00 I Certify this to be recorded in Cumberland County PA ev'y 9 0 v RECORDER O D EDS 17 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I I 002W5D 11111 11111111111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff EF THE PROTHO' .10 Jody S Smith 2013 APR -2 AM 10� 4 7 Chief Deputy Richard W Stewart CUMBERLAND CouNfy Solicitor OPME OF THE$KRIFr PENNSYLVANIA The Bank of New York Melton Case Number vs. 2013-1409 Malcom D.Weft SHERIFF'S RETURN OF SERVICE 03/26/2013 08:11 PM-Deputy Shawn Gutshall, being duly swam according to law,served the requested Complaint in Ejectment by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Malcom D.Wertz at 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070. 4— 6-TSHAL-L'-,TtPUTY 03/27/2013 Sheriff Ronny R Anderson, being duly swom according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant,but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as"Not Served"at 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070.There are occupants other than the defendant, Malcom D.Wertz residing at this address. SHERIFF COST: $61.00 SO ANSWERS, March 27, 2013 ROW?R ANDERSON, SHERIFF (c)Coun[ySuits Sheriff,Teleosoff ]ric, MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 FILED-O FFICE 220 Lake Drive East, Suite 301 OF F HE PROTHONOTARY Cherry Hill,NJ 08002 20031MAY 10 PM 3: 28 (856)482-1400 Attorney for Plaintiff Our file number: 43UM&RDAM COUNTY The Bank of New York Mellon F/K/A The COURT OF COMMO Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS,Inc., Asset-Backed Certificates, Series 2007-8, No.: 13-1409 Civil Plaintiff, Vs. PRAECIPE TO ENTER JUDGMENT FOR POSSESSION Malcolm D.Wertz and Known/Unknown Occupants, Defendants. TO THE PROTHONOTARY Kindly enter Judgment in favor of Plaintiff, The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8, and against the Defendants, Malcolm D. Wertz and . Known/Unknown Occupants, (collectively the "Defendants") occupant of 320 3rd Street a/k/a 320 Third Street,New Cumberland, PA 17070, for failure to Answer the Complaint in Civil Action-Ejectment. Service made on Defendants via Sheriff of Cumberland County on March 26, 2013. Kindly enter Judgment as to Possession of the property located at 320 3rd Street a/k/a 320 Third Street,New Cumberland, PA 17070. MILSTEAD & A � A C y By: Patrick J. We er, E qui e ID No. 203145 Attorney for Plai tiff � Ll�a5��� bra 1 MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff Our file number: 45.15785EVIC The Bank of New York Mellon F/K/A The COURT OF COMMON PLEAS Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8, No.: 13-1409 Civil Plaintiff, Vs. AFFIDAVIT OF ADDRESSES Malcolm D. Wertz and Known/Unknown Occupants, Defendants. I, Patrick J. Wesner, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiff's address is 475 Crosspoint Parkway, Getzville,NY 14068. 2. I certify that the Defendants' address is 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070. 3. I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. MILSTEAD & ASSOCIATES, LLC E ID No. 203145 er quir Attorney for Plaintif MILSTEAD&ASSOCIATES, LLC BY: Patrick J. Wesner,Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff Our file number: 45.15785EVIC The Bank of New York Mellon F/K/A The f COURT OF COMMON PLEAS Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS,Inc., Asset-Backed Certificates, Series 2007-8, No.: 13-1409 Civil 0 Plaintiff, Vs. Malcolm D.Wertz and Known/Unknown AFFIDAVIT OF NON-MILITARY Occupants, SERVICE Defendants. 1, Patrick J. Wesner, Esquire,hereby certifies: I I am an associate with the law firm of Milstead&Associates, LLC, attorneys for The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8,the Plaintiff in the above entitled action. 2. Inquiry has been made with the Department of Defense as to the military status of each of the defendants in this action. The results of those inquiries are as follows: Malcolm D. Wertz,the debtor in this action, is not currently on active military duty. See attached report. 3. For Known/Unknown Occupants, Plaintiff is unable to determine the status, as Plaintiff is unaware of date of birth or social security number, in order to complete the inquiry, as he/she was not an original applicant of the loan. 4. 1 hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Milstead&Associates, LLC Patrick J. Wesn r, q e Attorney I.D.V. 2 3145 Department Of Defense Manpower Data Center SCRA 3.0 Stools Report r pursuant to Se vice-me—mbers Civil Relief tact Last Name: WERTZ First Name: MALCOLM Middle Name: Active Duty Status As Of: Apr-26-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Activa Duty End Dale Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Not cation End Data Status Service Component NA NA No NA This response reflects whether the individual or hisJher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)uan organization mthe Department m Defense(DoD)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 Servicemembers Civil Relief Act(50 USC App.§501 etmq.us amended)(scnA)(formerly known ax the Soldiers'and Sailors'Civil Relief Act ox1e4o. oMoo has issued hundreds of thousands m"does not possess any information indicating that the individual/u currently no active duty"responses,and has experienced only a small error rate. m the event the individual referenced above,o,any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entided'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 ^uemnaminx.m/runL:xnpmwww.umvnoaonk.m/vfan/pis/pooyuLon.mm. n you have evidence the person was un active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA maybe invoked against you. See5ouanppn.O521("). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within n*rdays preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty vo the Active Duty Status Date. More information On "Active Duty Status" Active duty status na reported in this certificate/e defined m accordance with 1nuao§101(u)(1). Prior mzo/n only some w the active duty periods less than nn consecutive days m length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defenseunder 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported uy Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(epxo). Active Duty status also applies ma Uniformed Service member who/suo active duty commissioned officer w the us. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRAim Broader iDSome 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 asom Active Duty under this certificate. aonA protections are for Title 10 and Title 14 active duty records for all the um m nmmmo=�i cemperiods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). 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 o,actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates m active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that ail rights guaranteed m Service members under the aoRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,andactive duty status date provided uy the requester. Providing erroneous information will cause un erroneous certificate muoprovided. Certificate ID: <32TBP588404CM70 MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff Our file number: 45.15785EVIC The Bank of New York Mellon F/K/A The COURT OF COMMON PLEAS Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8, No.: 13-1409 Civil Plaintiff, Vs. Malcolm D. Wertz and Known/Unknown AFFIDAVIT OF SERVICE Occupants, Defendants. ' I, Patrick J. Wesner, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Milstead & Associates, LLC, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendants, Malcolm D. Wertz and Known/Unknown Occupants, (collectively the "Defendants") at their place of residence by regular mail on April 18, 2013 and has not been returned to this office, so it can be assumed that same has been delivered to Defendants. MILSTEAD & ASSOCIATES, LLC f B ne Esgi re ID No. 203145 Attorney for Plain f MILSTEAD &ASSOCIATES,LLC BY: Patrick J. Wesner,Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff Our file number: 45.15785EVIC The Bank of New York MelFo—nF/K/A The :-—COURT OF COMMON PLEAS Bank of New York as Trustee for the CUMBERLAND COUNTY Certificatcholders of the CWABS,Inc., Asset-Backed Certificates, Series 2007-8,, No.: 13-1409 Civil Plaintiff, Vs. Malcolm D. Wertz and Known/Unknown Occupants, Defendants. TO: Malcolm D. Wertz Known/Unknown Occupants 320 3rd Street a/k/a 320 Third Street, 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070 New Cumberland, PA 17070 DATE OF NOTICE: April 18,2013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING.TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED To HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims Set forth against you. Unless you act within ten(10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. {00020971} Page 1 of 2 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE,PA 17013 717-249-3166 MILSTEAD &ASSOCIATES, LLC F` By: Patrick J. Wesner, P,4ure ID No. 203145 1 Attorney for Plaintiff {000209711 Page 2 of 2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY Prothonotary To: Malcolm D. Wertz and Known/Unknown Occupants 320 3rd Street a/k/a 320 Third Street New Cumberland, PA 17070 The Bank of New York Mellon F/K/A The COURT OF COMMON PLEAS Bank of New York as Trustee for the CUMBERLAND COUNTY Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8, No.: 13-1409 Civil Plaintiff, Vs. NOTICE PURSUANT TO RULE 236 Malcolm D. Wertz and Known/Unknown Occupants, Defendants. Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary JUDGMENT AS TO POSSESSION IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Patrick J. Wesner, Esquire Milstead &Associates, LLC 856-482-1400 Sl�o�i3 4 a PRAECIPE TO ISSUE WRIT OF POSSESSION Commonwealth of Pennsylvania County of Cumberland COURT OF COMMON PLEAS The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS,Inc.,Asset-Backed Certificates, Series 2007-8, �.. CASE NO. 13-1409 Civil e3 vs. :K ,, ._ =M :00 r " Malcolm D. Wertz -< tr r Known/Unknown Occupants Praecipe to Issue Writ of Possession ' ' TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of- 320 3rd Street a/k/a 320 Third Street, New Cumberland,PA 17070 (see attached description) Patr' q ire omey for Plaint' f Attorney ID#2031 5 � Q 220 Lake Drive E t, S it 301 Cherry Hill,NJ 080 (856)482-1400 Ili .Sp« < < C L#& S� p,_i4 Po TS s ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the easterly line of Third Street thirty-two (32)feet southwestwardly from the southwest corner of Third Street and Locust Avenue thence in a southwestwardly direction along the easterly line of Third Street a distance on forth-three(43)feet,more or less, to a post;thence on a line at right angles with the line of Thud Street, a distance of one hundred forty(140)feet to a post along the westerly line of a twenty(20) foot wide public alley, a distance of forty-three(43) feet,more or less,to a point;thence on a line at right angles to said public alley, a distance of one hundred forty(140) feet to the place of BEGR-ITNI NIG. BEING part of Block A, as laid down m the Plan of Buttorff s Addition to the Borough of New Cumberland. HAVING THEREON ERECTED a dwelling house Title to said Premises vested in Malcolm D_Wertz by Deed from Barbara R..Rohrbaugh and TN ichael P.Rorhbaugh,h/w dated December 28,2002 and recorded on January 14,2003 in the Cumberland County Office of the Recorder of Deeds in Book 255,Page 1658 as Instrument No. 2003-001774. Being known as 320 3rd Street a/k/a 320 Third Street,New Cumberland,PA 17070 Tax Parcel Number:25-25-0006-247 Commonwealth of Pennsylvania County of Cumberland Court of Common Pleas The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8 Case No.: 13-1409 Civil Vs. Malcolm D. Wertz Known/Unknown Occupants Writ of Possession To the Sheriff of Cumberland County: (1) To Satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070 (see attached description) (2) To satisfy costs against the defendants, you are directed to levy upon the property of the defendants and sell his/her/their interest therein Malcolm D. Wertz Known/Unknown Occupants 320 3rd Street a/k/a 320 Third Street New Cumberland, PA 17070 Patrick J. Wesner,Esquire #203145 �,� s ee�Q Prothonotary �1 Deputy (Seal) Court of Common Pleas Case No.: 13-1409 Civil The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8 Plaintiff, Vs. Malcolm D. Wertz Known/Unknown Occupants 320 3rd Street a/k/a 320 Third Street New Cumberland, PA 17070 Defendants, Writ of Possession Patrick J. Wesner, Esq. Milstead & Associates, LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 SHERIFF'S OFFICE OF CUMBERLAt,, ? C.� NTY t ' . l'� S..... Ronny R Anderson ,.. tCk�C `QTA%;,�, Sheriff 2 � 13 ,JUN 'Jody S Smith U Chief Deputy Richard W Stewart CUMBERLAND COOTY °'�� -� " Solicitor OFF CE CiF T"E$1=wR1F= The Bank of New York Mellon Case Number vs. Malcom D. Wertz 2013-1409 SHERIFF'S RETURN OF SERVICE 06/07/2013 08:19 PM- Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Malcom D.Wertz at 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County, and informed Defendant of contents of same. 06/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070, but was unable to locate the Defendant in his bailiwick. The only resident of 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070 is defendant Malcom D.Wertz. The Sheriff therefore returns the within requested Writ of Possession as"Not Found"as to Occupant. SO ANSWERS, June 10, 2013 RONNY R ANDERSON, SHERIFF �cunty5ui;c 6hariti,Teleoscff,Inc. ' ^ SHERIFF'S OFFICE O� CUMBERLAND o���UU��TY . � Ronny RAnderson ~ - Sheriff � � _- p�DT ��]T��� JodyS Smith ~, �" - ' Chief Deputy 2013- JUL - . . .. 2' 31 Richard VVStewart -�4rA ��� Solicitor * eop��e���pp CUM Ty PENNSYLVANIA The Bank of New York Mellon Case Number vs. | %O13-14OS Malcom D. Wertz | SHERIFF'S RETURN OF SERVICE 06/07/2013 08:19 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendont, to wit: yNo|cnm O. Wertz at32OThird Etnoat, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County, and informed Defendant of contents of same. 06/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070, but was unable to locate the Defendant in his bailiwick. The only resident of 320 Third Street, New Cumberland Borough, New Cumberland, PA 17070 is defendant Malcom D.Wertz. ThoSheriffthereforevetunnathevvithinvequeotedVVritofPoaoeuuionaa''NotFound^aotoOoouponL 06/10/2013 Possession scheduled tobe held June 27. 2O13ot3:OOp.m. 06/24/2013 At the direction of Patrick J. Wesner, Attorney for the Plaintiff, possession cancelled. 06/25/2013 Possession rescheduled for July 10. 2O13at3:OOp.m. 06/25/2013 At the direction of Patrick J. Wesner, Attorney for the Plaintiff, possession cancelled. 07/08/2013 Possession rescheduled for July 31. 2O13at3:0Op.m. 07/30/2013 At the direction of Patrick J. Wesner,Attorney for the Plaintiff, possession cancelled- property has since been sold. Ronny R.Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. SHERIFF COST: $66.21 SO ANSWERS, July 30, 2013 RONNYRANDERSON, SHERIFF ~� ~' ~�� « � v ]������ =^��^� e=~ (c.)Coun(ySOe Sheriff,Toleosoft,Inc.