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HomeMy WebLinkAbout14-0537 Supreme Court zO Qennsylvania Cou of Common'Pleas For Prothonotary Use Only: Ci ill, OVer Sheet r Docket No: Curhberland ' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Wells Fargo Bank, N.A. La Wanda Bragshaw aka Lawanda Bagshaw, et. al. Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes No O (check one) 0outside arbitration limits N Is this a Class Action Suit? 0 Yes X No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Andrew J. Marley, Esquire El Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) E] Employment Dispute: Slander/Libel /Defamation Discrimination El C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 El ' Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005 -FR1, Mortgage Pass - Through Certificates, Series 2005 -FRI C/O Ocwen Loan Servicing, LLC Civil Action: N —s,3 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. La Wanda Bragshaw aka Lawanda Bagshaw COMPLAINT IN EJECTMENT c. ; "> 215 -215 A North Baltimore Avenue Mt. Holly Springs, PA 17065 � rn � ' John Doe (Occupant) cn r - ti ,, c ., 215 -215 A North Baltimore Avenue Mt. Holly Springs, PA 17065 y ' -a -r- c3 c3�; Defendant(s)� { ILI N CIVIL ACTION - EJECTMENT -� This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to' you. YOU SHOULD TAKE THIS PAPER TO A 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. S+ 41& 3 . S' t C� &3 s 44 R, 3ac�ga,$ 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 NOTICE PURSUANT, TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (31231.4) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005 -FRI, Mortgage Pass - Through Certificates, Series 2005 -FRI C/O Ocwen Loan Servicing, LLC Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. La Wanda Bragshaw aka Lawanda Bagshaw COMPLAINT IN EJECTMENT 215 -215 A North Baltimore Avenue Mt. Holly Springs, PA 17065 John Doe (Occupant) 215 -215 A North Baltimore Avenue Mt. Holly Springs, PA 17065 Defendant(s) COMPLAINT CIVIL ACTION - EJECTMENT 1. Plaintiff is Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005 -FRI, Mortgage Pass - Through Certificates, Series 2005 -FRI C/O Ocwen Loan Servicing, LLC (hereinafter referred to as "Plaintiff') with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant is La Wanda Bragshaw aka Lawanda Bagshaw, an adult individual residing at 215 -215 A North Baltimore Avenue, Mt. Holly Springs, PA 17065 (hereinafter Property) which is described in Exhibit "A" attached hereto and incorporated herein by reference. 3. Defendant(s) are also John Doe who are unknown adult individuals residing at the Property described in Exhibit "A" attached hereto and incorporated herein by reference. 4. On Wednesday, November 6, 2013, (the "Property ") was sold by the Sheriff of Cumberland County at Sheriffs Sale after due advertisement according to law and under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, in the case of Wells Fargo Bank NA, as Trustee for Freemont Investment & Loan SABR 2005 -FRI by: Saxon Mortgage Services, Inc. v. La Wanda Bragshaw aka Lawanda Bagshaw at Docket Number 2007 -156. 5. Plaintiff settled with the Sheriff and the Deed in favor of Plaintiff was duly recorded on January 6, 2014 at Instrument Number 201400299. A true and correct copy of the recorded deed is attached as Exhibit "A ". 6. By virtue of Sheriffs Sale, Plaintiff is the rightful owner of the Property and is entitled to possession of the same. 7. Defendants are presently in possession of the Property. WHEREFORE, Plaintiff, Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005 -FR1, Mortgage Pass - Through Certificates, Series 2005 - FRl C/O Oewen Loan Servicing, LLC demands that a Judgment in Ejectment be entered in its favor and against the Defendants. STERN & EISENBERG, PC Date: //C I BY. / S EVEN K. EIS BE , ESQUIRE ❑ M. TROY FRE DM , ESQUIRE ❑ LESLIE J. RA SQUIRE ❑ ,PHRISTINA C. VIOLA, ESQUIRE ff ANDREW J. MARLEY, ESQUIRE Stern & Eisenberg, PC 1581 Main Street, Suite 200 Warrington, Pennsylvania 18976 (215) 572 -8111 Fax: (215) 572 -5025 Counsel for Plaintiff VERIFICATION I, Andrew J. Marley, Esquire, hereby states that he is one of the attorneys for Plaintiff, that he has personal knowledge of the facts averred in the foregoing Complaint insofar as the Complaint is predicated upon a recorded Sheriff's Deed, which is a public record; and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: �9 b a-Q w J. Marley, Es it f Attorney For Plain f \ ` 0034EZ Tax Parcel No 23 -32- 2336 -141 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005 -FRI, Mortgage Pass - Through Certificates, Series 2005 -FRI 2007 -156 Civil Term Wells Fargo Bank NA, as Trustee for Freemont Investment & Loan SABR 2005 -FRI by: Saxon Mortgage Services, Inc. as its Attorney -In -Fact Vs La Wanda Bragshaw, a /k/a Lawanda Bagshaw ALL THOSE TWO CERTAIN TRACTS OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SI'T'UATED IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: 1EGINNING AT A POINT ON THE WESTERN SIDE OF BALTIMORE AVENUE AT THE INTERSECTION OF THE SOUTHERN LINE OF THE LAND NOW OR BERNIE SHELLY, FORMERLY OF HARRY A. BUTTORFF AND LANDS NOW OR FORMERLY OF JAMES I IOOVER AND SAID BALTIMORE AVENUE; THENCE ALONG SAID ALLEY NORTH 3 DEGREES 15 MINUTES WEST, 58 FEET MORE. OR LESS, TO THE INTERSECTION OF THE LAND OF BERNIE SHELLY, FORMERLY OF HARRY A. BUTTORFF, AND LANDS NOW OR FORMERLY OF JULIA J. GOOD AND SAID WOOD ALLEY; THENCE ALONG SAID LAND SOUTH 87 DEGREES 30 MINUTES EAST, THROUGH THE DIVISION WALL OF A DOUBLE BRICK HOUSE ERECTED THERE, A DISTANCE OF 183 FEET, MORE OR LESS; THENCE ALONG THE LINE OF BALTIMORE AVENUE, SOUTH 2 DEGREES 20 MINUTES EAST, 68 FEET MORE OR LESS TO A POINT AT THE INTERSECTION OF THE LAND NOW OF JOSEPH AND JENNIE BRANDS, FORMERLY OF MARTHA E. EARLY, AND SAID BALTIMORE AVENUE; THENCE ALONG SAID LAND, NORTH 86 DEGREES 7 MINUTES WEST, 196 FEET MORE OR LESS TO WOOD ALLEY; TO THE PLACE OF BEGINNING. BEING IMPROVED WITH THE SOUTHERN HALF OF A DOUBLE BRICK DWELLING HOUSE KNOWN AS NO. 215 AND 215A NORTH BALTIMORE AVENUE. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT -OF -WAY, EASEMENTS AND AGREEMENTS VISIBLE OR OF RECORD. BEING KNOWN AS:215 -215A North Baltimore Avenue Mt. Holly Springs, PA 17065 PROPERTY ID NO.: 23 -32- 2336 -141 TITLE TO SAID PREMISES IS VESTED IN LAWANDA BAGSHAW, ADULT INDIVIDUAL BY DEED FROM VICKI M. MICIIOLAS, WIDOW DATED 8/31/2004 RECORDED 9/20/2004 IN DEED BOOK 265 PAGE 1507. EXHfBIT The same having been sold by me to the said grantee on the 6th day of November Anno Domini Two Thousand and Thirteen (2013) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 2nd of October Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 156 at the suit of Wells Fargo Bank NA, as Trustee for Freemont Investment & Loan SABR 2005 -FRI by: Saxon Mortgage Services, Inc. as its Attorney -In -Fact —vs- La Wanda Bragshaw, a /k /a Lawanda Bagshaw In Witness Whereof, I have hereunto affixed my signature this t day of Anno Domini Two Thousand and Thirteen (2013) onn 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 C 9 day of mbu- t—Anno Domini Two Thousand and Thirteen (2013) 0 I Prothonotary, Cumbedand Couly, Cart %, My CommUon EVkes dm Fnt Monday of .2014 1; 'v I hereby certify that the residence And Post Office address of the Within Grantee is 5720 Premier Park Drive West Palm Beach, FL 33407 Richard W. Stewart Solicitor r REV -183 EX (4 -10) RECORDER'S USE ONLY REALTY TRANSFER TAX State Tax Paid 12 pennsylvania DEPARTMENT aF REVENUE STATEMENT OF VALUE Bumu of InWvidual Taxes PO BOX 280603 Harrisburg PA 17128.0603 See Reverse for Instructions Date Recorded Complete each section and Ole in duplicate with Recorder of Deeds when (1) the full value /consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets. A. CORRESPONDENT — All inquiries may be directed to the following; person. Name Telephone Number: UDREN LAW OFFICES, PC 856 - 669-5700 Street Address rity I State I ZIP Code I t 1 WOODCREST RD., STE 200 _ HERRY HII.L JQ 08003 B. TRANSFER DATA Date of Acceptance of Document Grantor(s) /Lessor(s) Grantee(s) /Lessee(s) Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables LLC Trust 2005 -FRI, Sheriff of Cumberland County Mortgage Pass-Through Certificates, Series 20 05 -FRI Street Address Street Address One Courthouse Square 720 Premier Park Drive City State IP Code ity State ZIP Code Carlisle A 17013 -3387 est Palm Beach 3407 C. REAL ESTATE LOCATION Street Address ity, Township, Borough 215 -215A North Baltimore Avenue Mount Holly S prings County Pchool District Fax Parcel Number Cumberland lCarlisle Area S.D. 3/32/2336/141 D. VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration Total Consideration $ 162 7. 31 +0 $1627.31 4. County Assessed Value 5. Common Level Ratio Factor . Fair Market Value $173,200.00 .97 169,004.00 i E. EXEMPTION DATA — WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? Y ❑ N Ia. Amount of Exemption Claimed lb. Percentage of Grantor's Interest in Real Estate lc. Percentage of Grantor's Interest Conveyed 100% 1100% 1 00% 2.Check Appropriate Box Below for Exemption Claimed Will or intestate succession. ❑ Transfer to Industrial Development Agency. ame o ece en e Fue Number) ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer From a trust. Date of transfer into the trus If trust was amended attach a copy of original and amended trust. ❑ Transfer between principal and agent/straw party. (Attach complete copy of agency /straw party agreement.) ❑ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or In lieu of condemnation, attach copy of resolution.) ® Transfer from mortgagor to a holder of a mortgage In default. (Attach copy of Mortgage and note /Assignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ® Other (Please explain exemption claimed, if other than listed above.) Transfer from the Sheriff to the mortgagee as a result of an action in mortgage foreclosure. Under pena ties of aw, I declare that I have examined this statement, Inc udmg accompany ng [nform atlon, and to the best of my knowledge and bellef It Is true, correct and corRplete Wdle FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. r TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 -d 717 -240 -6370 Instrument Number - 201400299 Recorded On 1/6/2014 At 10:46:35 AM * Total Pages - 5 • Instrument Type - DEED - SHERIFF'S Invoice Number - 154188 User ID - SW • Grantor - BAGSHAW, LAWANDA • Grantee - SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005 -FRI • Customer - CUMBERLAND COUNTY SHERIFF * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES -- $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT NIT. HOLLY SPRINGS $0.00 BOROUGH TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA <� o� CU 1� — +� 0 4 9�'s RECORDER OF DEEDS tyso * - Information denoted by an asterisk may change during the verirication process and may not be reflected on this page. Ilillll I{ IIII II II IIIII I{i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith R , ONO $4t� Chief Deputy 2014 FEB 1 I PM 3 14 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank Case Number vs. La Wanda Bragshaw(et al.) 2014-537 SHERIFF'S RETURN OF SERVICE 01/30/2014 03:50 PM - Deputy Tim Black, being duly sworn 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: La Wanda Bragshaw at 215&215A N. Baltimore Avenue, Mt. Holly Borough, Mt. Holly Springs, PA 17065. TIM BLACK, DEPUTY 01/30/2014 03:50 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be La Wanda Bragshaw, mother of Occupant, who accepted as"Adult Person in Charge"for John Doe at 215 &215A N. Baltimore Avenue, Mt. Holly Borough, Mt. Holly Springs, PA 17065. ,e 71e TIM BLACK, DEPUTY SHERIFF COST: $51.91 SO ANSWERS, January 31, 2014 RONIJY R ANDERSON, SHERIFF STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERG PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) ',I- 10I 20/4 NAY /6 PN J. CUBCry?(�� rr ND A COUNTY C� PENNS I T r IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005-FR1, Mortgage Pass -Through Certificates, Series 2005-FR1 C/O Ocwen Loan Servicing, LLC (Plaintiff) v. La Wanda Bragshaw aka Lawanda Bagshaw John Doe (Occupant) (Defendant(s)) Docket #: 14-537 Civil Term PRAECIPE FOR JUDGMENT IN POSSESSION TO THE PROTHONOTARY: Kindly enter judgment in ejectment for possession of the following described property in favor of the Plaintiff and against the Defendants LA WANDA BRAGSHAW A/K/A LAWANDA BAGSHAW AND JOHN DOE for failure to respond with in twenty (20) days pursuant to the Pennsylvania rule of civil procedure. PREMISES: 215-215 A NORTH BALTIMORE AVENUE, MT HOLLY SPRINGS, PA 17065 BY: STE' ► : IS RG, PC NDREW J. ! Y Attorneys f• P1 Ziff CL � J:\ANGELA\POSSESSIONS\CUMBERLAND\OCWEN.BAGSHAW.5.14.DOC'_kv3)51-7D, STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERG PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572.5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005-FR1, Mortgage Pass -Through Certificates, Series 2005-FR1 CIO Ocwen Loan Servicing, LLC (Plaintiff) v. La Wanda Bragshaw aka Lawanda Bagshaw John Doe (Occupant) (Defendant(s)) Docket #: 14-537 Civil Term CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the Writ and attorney for Plaintiff, hereby certify that a ten-day notice was required, a copy of which is attached hereto. BY: STE REW J. M` " EY Attorneys for" aintiff J:\ANGELA\POSSESSIONS\CUMBERLAND\OCWEN.BAGSHAW.5.14.DOC PC STERN & EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005-FR1, Mortgage Pass -Through Certificates, Series 2005-FR1 C/O Ocwen Loan Servicing, LLC (Plaintiff) v. La Wanda Bragshaw aka Lawanda Bagshaw John Doe (Occupant) (Defendant(s)) Docket #: 14-537 Civil Term TEN DAY NOTICE NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: La Wanda Bragshaw aka Lawanda Bagshaw 215-215 A North Baltimore Avenue Mt. Holly Springs, PA 17065 Date of Notice: Monday, February 24, 2014 John Doe (Occupant) 215-215 A North Baltimore Avenue Mt. Holly Springs, PA 17065 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 NOTICE TO A 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: 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 By: J:\Michaela\Ten Day\Cumberland\Ocwen.Bagshaw.02.14.docx STE & EI BERG, PC Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERG PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY H4Y 16 rlf t��E � ' 3:31 PEN AND NIjU,�,7_ Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005-FR1, Mortgage Pass -Through Certificates, Series 2005-FR1 C/O Ocwen Loan Servicing, LLC (Plaintiff) v. La Wanda Bragshaw aka Lawanda Bagshaw John Doe (Occupant) (Defendant(s)) Docket #: 14-537 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF BUCKS I; the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last -known address is: 215-215 A North Baltimore Avenue, Mt. Holly Springs, PA 17065 2. Are over the age of twenty-one. 3. Are not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. 4,21404 STERN ISE ' •, PC NOTARIAL SEAL ANGELA HARRIDAN. Notary Public BY: Warrington Twp., Bucks County My Commission Expires November 26, 2016 ANDREW J. • ' EY Attorneys for`,' amtiff Sworn to and subscribed before me this /31 -day of `�' W" ! , 2014. J:\ANGELA\POSSESSION CUMBERLAND \OCWEN.BAGSHAW.5.14.DOC Department of Defense Manpower Data Center Results as of : May -13-2014 07:39:56 AM SCRA 3.0 Statue Report Pursuant to ,Sere cen embers Civil Relief Act Last Name: BAGSHAW First Name: LAWANDA Middle Name: Active Duty Status As Of: May -13-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No • NA This response reflects the Individuals' a. olive duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA i • This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA . NA . - No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERG PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005-FR1, Mortgage Pass -Through Certificates, Series 2005-FR1 C/O Ocwen Loan Servicing, LLC (Plaintiff) v. La Wanda Bragshaw aka Lawanda Bagshaw John Doe (Occupant) (Defendant(s)) Docket #: 14-537 Civil Term Notice is hereby given that a judgment in the above captioned matter has been entered against LA WANDA BRAGSHAW A/K/A LAWANDA BAGSHAW AND JOHN DOE on , 2014. Deputy If you have questions concerning the above, please contact: ANDREW J. MARLEY, ESQ. STERN & EISENBERG, PC 1581 Main Street, Suite 200 Warrington, PA 18976 Telephone: (215) 572-8111 J:\ANGELA\POSSESSIONS\CUMBERLAND\ OCWEN.BAGSHAW.5.14.DOC STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERG PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) 7' y`f % '' C�t�G PAi' 3: ,:52 ENNSY� COUNTY TNN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivables, LLC Trust 2005-FR1, Mortgage Pass -Through Certificates, Series 2005-FR1 C/O Ocwen Loan Servicing, LLC (Plaintiff) v. La Wanda Bragshaw aka Lawanda Bagshaw John Doe (Occupant) (Defendant(s)) Docket #: 14-537 Civil Term PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue the Writ of Possession in the above matter in favor of the Plaintiff and against the Defendants LA WANDA BRAGSHAW A/K/A LAWANDA BAGSHAW AND JOHN DOE. PREMISES: 215-215 A NORTH BALTIMORE AVENUE, MT HOLLY SPRINGS, PA 17065 Mt Aws- -FA ovck,,a, 6 57, 1( s'- F iI , so 10 3.7s ti BY: STERN: EN : ' C PC 1' ABREWJ.MAtor Y Attorneys for Pl. (tiff veclle J:\ANGELA\POSSESSIONS\CUMBERLAND\OCWEN.BAGSHAW.5.14.DOC lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES, LLC TRUST 2005-FR1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR1 C/O OCWEN LOAN SERVICING, LLC VS. No. 2014-537 Civil Term LA WANDA BRAGSHAW AKA LAWANDA BAGSHAW JOHN DOE (OCCUPANT) Costs Attorney's $ 200.66 PD ATTY Plaintiff's $ Prothonotary $ 2.25 DUE CO COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) WELLS FARGO BANK, NATIONAL ASSOCIATION being: (Premises as follows): 215-215 A NORTH BALTIMORE AVENUE, MT. HOLY SPRINGS, PA 17065 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 5/16/14 • (Seal) David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA. 2 of 2 No 14-537 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NATIONAL ASSOCIATION VS. LA WANDA BRAGSHAW AKA LAWANDA BAGSHAW JOHN DOE (OCCUPANT) WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 200.66 P1ff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: Andrew J. Marley, Esquire Stern & Eisenberg, PC 1581 Main Street, Suite 200 Warrington, PA 18976 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So Answers, Sheriff By Prothonotary Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF ICEi OF TI- E fii! .RIF - I THE PROTHONO1.F i `4 201 i MAY 21 PM 3: 17 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank National Association vs. La Wanda Bragshaw (et al.) Case Number 2014-537 SHERIFF'S RETURN OF SERVICE 05/20/2014 04:20 PM - Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 20, 2014 at 1622 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: LaWanda Bragshaw, by making known unto Tammy Bragshaw, Adult in Charge, at 215 N. Baltimore Avenue, Mt. Holly Springs, PA, its contents and at the same time handing to her personally the said true and correct copy of the same. NOTE: Per Tammy Bragshaw, daughter of defendant La Wanda Bragshaw, advised that La Wanda died in February 2014. Tammy and her fiance Steven Wert live at 215 N. Baltimore Avenue; her mother La Wanda lived in 215 A N. Baltimore Avenue. No one lives at 215A N Baltimore Avenue now. 05/20/2014 04:20 PM - Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 20, 2014 at 1622 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: John Doe, by making known unto Tammy Bragshaw, Adult in Charge, at 215 N. Baltimore Avenue, Mt. Holly Springs, PA, its contents and at the same time handing to her personally the said true and correct copy of the same. NOTE: Per Tammy Bragshaw, daughter of defendant La Wanda Bragshaw, advised that La Wanda died in February 2014. Tammy and her fiance Steven Wert live at 215 N. Baltimore Avenue; her mother La Wanda lived in 215 A N. Baltimore Avenue. No one lives at 215A N Baltimore Avenue now. SO ANSWERS, May 21, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherif, Teleosott, nc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson HALED -OF FiCE Sheriff OF THE PROTHOE O AR`; Jody S Smith Chief Deputy Richard W Stewart Solicitor co,om et ClIf br, OFFICE OF THE SHERIFF 20R JUL 25 AM ,,9,; CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank National Association vs. La Wanda Bragshaw (et al.) Case Number 2014-537 SHERIFF'S RETURN OF SERVICE 05/20/2014 04:20 PM - Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 20, 2014 at 1622 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: LaWanda Bragshaw, by making known unto Tammy Bragshaw, Adult in Charge, at 215 N. Baltimore Avenue, Mt. Holly Springs, PA, its contents and at the same time handing to her personally the said true and correct copy of the same. NOTE: Per Tammy Bragshaw, daughter of defendant La Wanda Bragshaw, advised that La Wanda died in February 2014. Tammy and her fiance Steven Wert live at 215 N. Baltimore Avenue; her mother La Wanda lived in 215 A N. Baltimore Avenue. No one lives at 215A N Baltimore Avenue now. 05/20/2014 04:20 PM - Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 20, 2014 at 1622 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: John Doe, by making known unto Tammy Bragshaw, Adult in Charge, at 215 N. Baltimore Avenue, Mt. Holly Springs, PA, its contents and at the same time handing to her personally the said true and correct copy of the same. NOTE: Per Tammy Bragshaw, daughter of defendant La Wanda Bragshaw, advised that La Wanda died in February 2014. Tammy and her fiance Steven Wert live at 215 N. Baltimore Avenue; her mother La Wanda lived in 215 A N. Baltimore Avenue. No one lives at 215A N Baltimore Avenue now. 08/10/2014 By virtue of this writ, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 215-215 A North Baltimore Avenue, Mount Holly Springs, PA 17065. SHERIFF COST: $97.99 SO ANSWERS, July 24, 2014 RONR ANDERSON, SHERIFF 'C44 973 z3 3o980A (c) CountySuite Sheriff, Toleosoft, Inc.