Loading...
HomeMy WebLinkAbout05-6374 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No.: 5.04502 COURT OF COMMON PLEAS CUMBERLAND COUNTY Wells Fargo Bank, NA as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, No.: OS - wl'fY (!/(,)~l'-r SUr) Vs. Dennis Robinson 610 Erford Road Camp Hill, P A 17011, Defendant. CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************************************** 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. 2. 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. MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, NA as Trustee, 1100 Corporate Center Drive Raleigh, NC 27607 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: O~ - W'1V C:lu.rT~ Vs. Dennis Robinson 610 Erford Road Camp Hill, PA 17011, Defendant. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Well~ Fargo Bank, NA as Trustee (the "Plaintiff"), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1100 Corporate Center Drive, Raleigh, NC 27607. 2. Defendant, Dennis Robinson, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Dennis Robinson, Defendant, resides at 610 Erford Road, Camp Hill, P A 170 II. 4. On July 8, 2003, in consideration of a loan in the principal amount of $79,200.00, the Defendant executed and delivered to First Franklin Financial Corporation, A Delaware Corporation a note (the "Note") with interest thereon at 9.375 percent per annum, payable as to the principal and interest in equal monthly installments of$658.75 commencing September I, 2003. 5. To secure the obligations under the Note, the Defendant executed and delivered to First Franklin Financial Corporation, A Delaware Corporation a mortgage (the "Mortgage") dated July 8, 2003, recorded on July 14,2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1822, Page 3251. Pursuant to Pa.R.c.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 610 Erford Road, Camp Hill, P A 17011. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his /her obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1,2033, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $78,243.93 Accrued but Unpaid Interest from 7/1/05 to $0.00 12/12/05 @ 9.375% per annum ($0.00 per diem) Accrued Late Charges $0.00 Corporate Advance $228.12 Escrow Advance $1,257.98 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 12/12/2005 $81,330.03 Plus, the following amounts accrued after December 12, 2005: Interest at the Rate of9.375 per cent per annum ($0.00 per diem); Late Charges of $32.94 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401 (c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the . Defendant at 6] 0 Erford Road, Camp Hill, P A ] 70] ] as well as to address of residences as listed in paragraph 3 of this document on September 9,2005, the notice pursuant to' 403-C of Act 9], and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "8" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $0.00, plus the following amounts accruing after December ]2, 2005, to the date of judgment: (a) interest of$O.OO per day, (b) late charges of $32.94 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. A TES, LLC d VERIFICA nON I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff 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 Mortgage Foreclosure 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. SCHEDULE "A" 90-01434373 ALL '1'D.T CJ,U',l..tH' Hl.SSUAG:iB, HtmMIClff ~ '!'RAe!! OF CJtCUND s:r'1't.f.\.n III EUi'r ptJllfSllORO '1'OHKSBX't CUM8~ COUIIt''l''f, ~n 07 Pltm'sn,~:tA, RmE PAR'l'.tcuu.N.! DIGCJUBED m ar"'t"'r"IVlU.Kl:Z lJ%'rH 'I'BE SURVEY OF f).p. RAn'lMa"!tlD:R1 NiQtSftRlO SQRY"I:'rOR, CAMP SIn, PE1IIRSTLWoJIn, DJlTED MAY 18. un, AS I'OLLOWS: mEGnnnHG ~ A pO%N'r ON 'rim .RI.S'l'mU.Y LId OF I~ ~ WB'IaI PO:nn' te 'l'MD <>>IK ~D'1'BS (2n. 02) nET:rtt)MD 0-, 'rID NOR'lUASRPJ.'f ClQRNZ!t. Oil' ERFOItD Il:OAtI Am) ca!EJlIIIOCm tlkrW, AMD AT :DrY!DnIG LINB SI1'WEIN r..orS !fOg. .2:!1 AND 231., :ax.ocx ".or, OR '!1m: HCIUI:'J::auJr1"ED. MEHTXOI!IIX:c Pr.N4 0:'- %Me; TIIEJCIi ~ 'ria US'l"ZRLY LntI OF IP.I'OlUl ~, lfOM'II 26 DEiGNBa 30 MINU'l'I:S DS'1', A DU'UaNCE 01' ...0 nl'l 'J'O A POINt "., DIVlJ)I!IG I..INE BETlfl:114' JC'J'S NOS. 23 .ft.m) 22%. Bt.OCX "RW, OR'r'IIZ SArI) 1'2.AN: '1'RZltCIC ltLCRG SAID tJ:tV'J:DIW LINE SQIl7l"II !ilIX'l'Y TDJa': nlQRZSS 'f'I;rllt.'l'Y KIHO'i'I:S D.ST {S 26. 30" M') A Dts41'A24e1 QF' POa'rT (40 FI:Jt't TO A PO:I:)I'l' AT DrvIDINC :t.INI RTNI:!tR LOTS IK)S. 23 Is1U) 23, J,UICIt orB" I .I.FORit~I); 'l'RIl1ICE At.ONC SA:l:D DIV:tnnftii LINE &lID TERCtJCIH 1'KE CJ:1IlT.K.R or A '~Il'IOK 1r.I.LL Ala) nfOND, 1IORm Stx"l'Y rli:PS1I ~.E 'fR:t!t.'lY MINt1TZS ns'l' (H' 63. 30" W) A D:l:8'1'>>101 01' US FEET 'to A pO:l:mt 'llm pLACB; OF U<JI:tn(IHG_ nIllIG 'J'JI1l: UMi' ~!' ClQNYETED 'rO DEdK1"S ROB.:DfSOR BY DIi:In m.otId CUJUoI:D M. B'fRO~ AmI :t.lIQtT D. S'llClJU:CUR, JJ\.. RU'l!BI.ND A1'lD WIn; iclCORDKD 07/U/2QQ~ IN Drum Door:. 2Se PJaQE 54.2, IN '1'D OD'ICE or I'D. m::CORDi:R OF DEIDS QI' CDMBERLARD COCIn'1', PDKSYLVlI.NIA. ~ Ln' 09-1S-1050-27i HOMEQ SERVICING DF785 DENNIS ROBINSON JR 610 ERFORD RD CAMP HILL, PA 17011 September 9, 2005 0320442676 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!3l!e on your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is oTovided in the attached 03l!es. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can helD vou, VOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the counselinl! 3l!enCY. The name. address. and ohone number of Consumer Credit Counselinl! Al!encies servinlZ vour county are listed at the end of this Notice. Ifvou have any Questions. YOU may call the Pennsylvania Housinl! Finance Agencv toll free at I -800-342-2397 (Persons with imDaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Connseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be ahle to help you find a lawyer. LA NOTIFICAlON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICION OBTENGA UNA TRADUCCION IMMEDIAT AMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used ror that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE II WACHOVIA " HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date oftrus notice. During that time you must arrange for and attend a "face-ta-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-ta-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of desilnlated consumer counseling: al!encies for the countv in which your nronerty is located are set forth at the end of this notice. It is necessary to schedule only one face-ta-face meeting. You should advise this lender/servicer immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE .. Pape 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have fIled bankruptcy you can still apply for Emergeucy Mortgage Assistance. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 610 ERFORDRDCAMPHlLL,PAI7011 IS SERIOUSLY IN DEFAULT because: I. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: b) Delinquent Amount Due: c) Late Charges: d) Recoverable Corporate Advances: e) Other Charges and Advances: f) Less funds in Suspense: g) Total amount required as of (due date): 3 $2,238.35 $162.65 $121.68 $25 $121.68 $2,426 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $2,426 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashier's check. certified check. or money order made navable to: Regular Mail HomEq Servicing Corporation P. o. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT , , If you do not cure the default within THIRTY (30) days of this notice, the lender/servicer intends to exercise its ril!hts to accelerate the mortl!3l!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. lffull payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LEITER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose UDon your mort!!a!!ed nronertv. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys' fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY neriod. vou will not be reouired to Dav attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the rieht to cure the default and nrevent the sale at any time UD to one hour before the Sheriff's Sale. You may do so bv Davine the total amount then oast due Dlus any late charees. other charees then due. reasonable attorneys' fees and costs cOlUlected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writine bv the lenderlservicer and bv oerformine any other reauirements under the morteaee. Curing your default in the manner set forth in this Notice wiD restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE lt is estimated that the earliest date that such Sheriff's sale could be held would be approximately five (5) months from the date of this notice. A notice of the actnal date of the Sheriffs Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lenderlservicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name ofLender/Servicer Address HomEq Servicing Corporation Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 1-800-795-5125 Telephone Number: EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 " YOU MAY ALSO HAVE THE RIGHT . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEF AUL TS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR; . TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDERlSERVICER; OR . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. Yeu are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORT ANT DISCLOSURES California As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Colorado For information about the Colorado Fair Debt Collection Practices Act, see www.ago.state.co.us/CAB.HTM [web site maintained by tbe State of Colorado) p p ~ ~ ~ ~ - ~ ~ ~ RJ -() ~ -v ~ ~ f-- J- C'..\...Q ."j- ~/: (. ~ L,_... SHERIFF'S RETURN - REGULAR CASE NO: 2005-06374 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ROBINSON DENNIS RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE ROBINSON DENNIS the DEFENDANT at 2004:00 HOURS, on the 5th day of Janu~., 2006 at 610 ERFORD ROAD CAMP HILL, PA 17011 DENNIS ROBINSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 13.20 .37 10.00 .00 41.57 me this day of Sworn and Subscribed to before "', no- ( A.D. So Answers: "') ,/;;;/ :;> ~;:->"""'/ ~~ .,.':"~ "::.4>"" R. Thomas Kline 01/06/2006 MILSTEAD & ASSOCIATES By: ~F2:/ Deputy Sheriff .. MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 WeIIs Fargo Bank, N.A., as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Attorneys for Plaintiff COURT OF COM:\fON PLEAS CUMBERLAND COUNTY No.: 2005-06374 Vs. Dennis Robinson 610 Erford Road Camp HilI, P A 17011 Defendant. PRAECIPE FOR JUDGMENT FOR FAILURE: TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against Dennis Robinson, Defendant for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Late Charges Escrow Advance Corporate Advance TOTAL $81,330.03 65.88 2,860.77 2,225.50 $86,482.18 I hereby certifY that (I) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance wi e 237.1. c yatt . ed. / 1"...--. Pina S Wertzberger, Er.re Attorney for Plaintiff DAMAG%~ HEREBY ASSESSED AS INDICA TED ' DATE: >> ;)./0b I PRO (00088646} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Wells Fargo Bank, NA as Trustee, Attorney for Plaintiff , COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2005-06374 Dennis Robinson, Defendant(s). TO: Dennis Robinson 610 Erford Road Camp Hill, P A 17011 DATE OF NOTICE: Januarv 30. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT 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. I00084052} Page 1 of 2 , CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, P A 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00084052} Page 2 of 2 -It;).. -7d (:J ....a lj;.T~~ r ~ ~ ~ ~ ~ ~ ~ ?L r r ,-) , ..-;-1 ',.,. ,,,,., C:.' - . I") I"': (. MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482- I 400 Wells Fargo Bank, N.A., as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2005-06374 Vs. Dennis Robinson 610 Erford Road Camp HiII, P A 17011 Defendant. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: I. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors" Civil Relief Act of Congress of 1940, as amended. 2. defendant, Dennis Robinson is over 18 years of age and resides at 610 Erford Road, Camp HiII, PA 17011. (00088646 ) .:~<) "'; ;", c:-. ,- (~,~ ... , In the Court of Common Pleas of Cumberland County, P A Wells Fargo Bank, N.A., as Trustee Plaintiff CIVIL ACTION NO.: 2005-06374 Vs. Dennis Robinson Defendant(s) Praecipe For Writ of Execution (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Dennis Robinson 4. Real property involved: 610 Erford Road Camp Hill, PA 17011 AMOUNT DUE $86,482.18 INTEREST From 2/24/06 to Date of $ Sale at $14.22 per diem TOTAL $ (Costs to be added) February 23,2006 {00088646} ?CJ ~ ,-- [J } () - t ~ ~ ~ ~-.o ~ --l:::~ - ~ ~ .-- lI( -- ~ ~ () V't C> ~ lI( () (l ...{ CY ~ D ~ - <€ .y I \ , D r~: c: I.t) T ~ I I r~ j',. 0-- ~ :: - "'" C', ----f) - - -e. - . . + . ~ ~.~ ~ - - ~ - ., .. ",,:,', l . . ALL THAT CERTAIN messuage, tenement and tract of ground situate in East Pennsboro Township, Cumberland County, Commonwealth of Penru;ylvania, more particularly bounded and described in accordance with the smvey of D.P. Raffensperger, registered smveyor, Camp Hill, Pennsylvania, dated May 18, 1968, as follows: BEGINNING at a point on the easterly line of Erford Road, which point is two one-hundredths (269.02) feet north of the northeasterly comer of Erford Road and Glenwood Drive, and at dividing line between Lots Nos. 23 and 23)(, Block "H", on the hereinafter mentioned plan of lots; thence along the easterly line of Erford Road, north twenty-six degrees thirty minutes east (N 260 30" E) a distance of forty (40) feet to a point at dividing line between Lots Nos. 23 and 22X, Block "H", on the said plan; thence along said dividing line south sixty-three degrees thirty minutes east (S 760 30" W) a distance of forty (40 feet to a point at dividing line between Lots Nos. 23 and 23, Block 'R" aforesaid; thence along said dividing line and through the center of a partition wall and beyond, north sixty-three degrees thirty minutes west (N 630 30" W) a distance of one hundred fifteen (115) feet to a point, the place of Beginning. BEING KNOWN AS 610 Erford Road, Camp Hill, PA 17011 PARCEL ID NO: 09-16-01050-275 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00088646 ) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6374 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE, Plaintill (s) From DENNIS ROBINSON (1) Yon 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) Ifproperty 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 $86,482.18 L.L. $.50 Interest FROM 2/24/06 TO DATE OF SALE AT $14.22 PER DIEM Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $123.57 Plaintiff Paid Date: FEBRUARY 28, 2006 {J~.7 tt'{ r Prothonotary ! By: (Seal) Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 ~ r- MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, N.A., as Trustee Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 2005-06374 Dennis Robinson AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wells Fargo Bank, N.A., as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 610 Erford Road, Camp Hill, P A 17011: 1. Name and address of Owners(s) or Reputed Owner(s): Dennis Robinson 610 Erford Road Camp Hill, P A 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known (00088646} F 4. Name and Address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee (Plaintiff herein) 1100 Corporate Center Drive Raleigh, NC 27607 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of P A 4910 Carlisle Pike Suite 104 - Hampden Center Mechanicsburg, P A 17050 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 610 Erford Road Camp Hill, PA 17011 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PAl 70 13 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to uns om falsification to authorities. 1 /~ , Pin~ S: 'ert;~;fei,~qUire Attorney for Plaintiff Date: February 28. 2006 {00088646} ~tf f~~ () ~ t r~ r --.( r '\:) . I MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, N.A., as Trustee Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 2005-06374 Dennis Robinson Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 610 Erford Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on June 7, 2006 at 10:00 am in the Commi.ssioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $86,482.18 obtained by Wells Fargo Bank, N.A., as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). (00088646) . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THISPAPERTO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 (717) 249-3166 (800) 990-9108 05-5-04502 {00088646} . , ALL TIIAT CERTAIN messuage, tenement and tract of ground situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with the smvey of D.P. lUffensperger, registered smveyor" Camp Hill, Pennsylvania, dated May 18, 1968, as follows: BEGINNING at a point on the easterly line of Erford Road, which point is two one-hundredths (269.02) feet north of the northeasterly comer of Erford Road and Glenwood Drive, and at dividing line between Lots Nos. 23 and 23X, Block "R", on the hereinafter mentioned plan of lots; thence along the easterly line of Erford Road, north twenty-six degrees thirty minutes east (N 260 30" E) a distance offorty (40) feet to a point at dividing line between Lots Nos. 23 and 22X, Block "H", on the said plan; thence along said dividing line south sixty-three degrees thirty minutes east (S 760 30" W) a distance of forty (40 feet to a point at dividing line between Lots Nos. 23 and 23, Block '1I" aforesaid; thence along said dividing line and through the center of a partition wall and beyond, north sixty-three degrees thirty minutes west (N 63030" W) a distance of one hundred frlleen (115) feet to a point, the place of Beginning. BEING KNOWN AS 610 ErfordRoad, Camp Hill, PA 17011 PARCEL ID NO: 09-16-01050-275 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO88646) I, -'."1 r' ,1. , .-<: '.; .' " MILSTEAD & ASSOCIATES, L.L.C. BY: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank:, N.A., as Trustee, Plaintiff, Our file No. 05-5-04502 COURT OF COMMON PLEAS CIVIL DNISION vs. Cumberland County Dennis Robinson Defendant. NO. 2005-06374 MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.c.P. 430 TO THE HONORABLE mDGE OF SAID COURT: AND NOW, comes plaintiff, Wells Fargo Bank:, N.A., as Trustee, by its attorney Pina S. Wertzberger, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Dennis Robinson, by posting and tacking a copy of the Notice of Sheriff's Sale upon the property known as 610 Erford Road, Camp Hill, PA 17011 and by certified and regular mail to the Defendant's last known address pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendant, Dennis Robinson (the "Defendant") in Mortgage Foreclosure on or about December 14,2005. 2. Plaintiff, Wells Fargo Bank:, N.A., as Trustee, ("Plaintiff") is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. 4. Plaintiff has made several attempts to effectuate service of the Notice of Sheriff's {OO106833 } ... Sale upon the Defendant pursuant to Pa.R.C.P. 3129.2(c)(l)(i). Personal service was attempted on the Defendant at 610 Erford Road, Camp Hill, P A 17011. The Sheriff's Return of Service is marked "vacant". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "A". Service was also attempted upon the Defendant by certified mail, return receipt requested at 610 Erford Road, Camp Hill, PA 17011. Themail was returned marked "unclaimed." A copy of the returned mail is attached to the Affidavit and made a part hereof as Exhibit "B". 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "C" and made a part hereof. Said investigation provides no new address information for the Defendant. 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Dennis Robinson, by posting and tacking a copy of the Notice of Sheriffs Sale on the property known as 610 Erford Road, Camp Hill, PA 17011 and by certified and regular mail, return receipt requested to the Defendant's last known address. Pin Attorney ID No.: 772 {OO106833} .' .... MILSTEAD & ASSOCIATES, L.L.C. BY: Pin a S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee, Plaintiff, Our file No. 05-5-04502 COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland County Dennis Robinson Defendant. NO. 2005-06374 AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, Pina S. Wertzberger, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant, Dennis Robinson (the "Defendant") in Mortgage Foreclosure on or about December 14,2005. 2. Plaintiff, Wells Fargo Bank, N.A., as Trustee, ("Plaintiff') is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff s sale. 4. Plaintiff has made several attempts to effectuate service of the Notice of Sheriff s Sale upon the Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Personal service was attempted on the Defendant at 610 Erford Road, Camp Hill, PA 17011. The Sheriffs Return of Service is {OO106833} ." .... marked "vacant". A copy of the return is attached to the Affidavit and made a part hereof as Exhibit "A". Service was also attempted upon the Defendant by certified mail, return receipt requested at 610 Erford Road, Camp Hill, P A 170 II. Themail was returned marked "unclaimed." A copy of the returned mail is attached to the Affidavit and made a part hereof as Exhibit "B". 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "C" and made a part hereof. Said investigation provides no new address information for the Defendant. 6. Plaintiffhas attempted to ascertain the present address of the Defendant, but has been unable to do so. /' {OO106833 } -. .' Exhibit A {OO106833 } S ~Otts Od-. "" . -, Wells Fargo Bank, N.A., as Trustee VS Dennis Robinson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6374 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Dennis Robinson, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Dennis Robinson. The house located at 610 Erford Road, Camp Hill, PAis vacant. The power is also shut off. The neighbor advised Deputies that the defendant moved several months ago, but the Post Office advises they still deliver mail to the given address. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2006 at 6:24 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis Robinson located at 610 Erford Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Dennis Robinson by regular mail to his last known address of 61 0 Erford Road, Camp Hill, P A 17011. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. Sworn and subscribed to before me S~~ ~~~ l. Th;mas Kline, She~ This _ day of Prothonotary 2006, A.D. -, .' Exhibit B {OOI06833} , ,.- . ~ I't-' f ,,' ., t.r" .! ...:/f:-" ".. ,~.. C ,: ~ -i: 'm .0 - - -- - I -- - - -- ~ o~ Cf)n)> DODD 'ZZ~Z c: CI CI -II:" z-tenmc: i:~g~~ l;!:::%~~ -t~~C1~ CI:II;!I:z-t -ni:mCl> CI....m-tCl ~m~:C1 >=~CI~ :II lIE en o>~zen om ~-t m en ~ 0 o ~ ~. ~ ~. 8 CI -t :% m :II <:: .-" 0:::- ..;)0= ol;9:~ i~a~ .... .<0"S20 z ~. ~ )> S:<1>(/)iS . moo ~mgg. rot- "0 a o I 0 (1) (1)cn~(/) o c. a.r 0;:+(1) 1\)(1)-05 ~~ .....'^ :II ~ :II Z :II m n m :!i :II m o c m ~ g ~ l.&.l ~ .. .z: .JI ~ r ~ . :s: 0 0 UNlTf'o ~ ~gl'0 ~ ~ r- 1'0 ~ .l"~ W. mu.>u~... '" ~ ~l '~\i_ s SI'0 I~->;'$- ~ ~iR. 8?UQ~ ~I 0-' oAt ~i~ ~ ~ o,~. II agoAt~ I ~ 0> 0 " Exhibit C {OO106833 } " Confidential Investigative Services, Inc. Plaintiff: Wells Fargo County: Cumberland vs. Term #: 2005-06374 Defendant: Dennis Robinson Locate: Dennis Robinson Address Given: 610 Erford Road, Camp Hill, PA 17011 ATTENTION: Greg Wilkins Michael Milstead, LLC 220 Lake Drive, East Suite 301 Cherry Hill, NJ 08002 File #: 5.04502 AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 610 Erford Road, Camp Hill, PA 17011 INQUIRY OF THE CREDIT BUREAU The credit bureau reports that the most current address of the subject is 610 Erford Road, Camp Hill, PA 17011. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation - Division of Motor Vehicles reports that operator license number 24038876 is issued to Dennis Robinson Jrof 610 Erford Rd, Camp Hill, PA 17011. Note the subject's license is expired as of March 31, 1997. INQUIRY OF THE U.S. POST OFFICE (FOIA) A request has been forwarded to the Camp Hill Post Office. I will forward their response immediately upon my receipt. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports a non-published number issued to the subject at 610 Erford Rd. CONTACTS No neighbors could be contacted to confirm the subject's residency. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. , / AFFIANT: ~ ?-. ~OWAN, eLl 235 South 13th Street Philadelphia, P A 19107 (215) 546-7400 (800) 503-7400 Fax (215) 985-0169 ME THIS I f5y". ...WMMONWEAL TH OF PENNSYLV ANtA [ NOTARIAL SEAL . SUSAN L ROSENFELD, Notary Public City of Philadelphia, Phi/a. County . My Comm",eion El!eLrn~ March 11, 2008 . . .. ........._._----J Report Results - This Form Produced by Equifax I User Reference: DIANE Inquiry Information: . . Page 1 of 1 Date of Inquiry: UserID: 05/09/2006 DIANE Subject Information: Name: SSN: robinson, dennis 199-68-4266 Current Address: 610 erford RD camp hill, PA 17011 Report Results ***************************************************************************** * ADDRESS DISCREPANCY - NO SUBSTANTIAL DIFFERENCE OCCURRED * ***************************************************************************** * 199 EQUIFAX INFORMATION SERVICES LLC, ,ATLANTA,GA,30374-0241,800/685-1111 POBOX 740241, *ROBINSON,DENNIS"JR SINCE 12/28/92 FAD 04/19/06 610,ERFORD,RD,CAMP HILL,PA,17011,TAPE RPTD 11/03 229,JEFFERSON,ST,STEELTON,PA,17113,TAPE RPTD 02/03 68,LAKEPOINT,DR,HARRISBURG,PA,17111,TAPE RPTD 07/03 TELEPHONE NUMBER (717) 561-0055 SPEC 08/03 FN-ROBINSON,DENNIS,E AGE-~ SSS-199-68-4266 ""7>68 = 1/, h3 01 ES-,ENDLESS VENDING II 02 EF-,MID-ATLANTIC WATERPROOFNG& FN-764 END OF REPORT EQUIFAX AND AFFILIATES - 05/09/06 https:/ /www.eport.equifax.com/edat/servlet/com.equifax.gt.edat. ui.ResultRouter 5/9/2006 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION MAY 10 2006 DRIVER: DENNIS ROBINSON JR 610 ERFORD RO CAMP HILL, PA 17011 DRIVER LICENSE NO OATE OF BIRTH SEX RECORD TYPE 24038876 MAR 02 1974 MALE REG LIC/ID DRIVER LICENSE (OL) COMMERCIAL DRIVER LICENSE (CDL) LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES ORIG ISSUE DATE MED RESTRICTIONS LEARNER PERMITS LICENSE STATUS C OCT 18 1993 MAR 31 1997 OCT 18 1993 NONE COL LICENSE CLASS CDL LICENSE ISSUED : COL LICENSE EXPIRES: CDL ENDORSEMENTS NONE CDL RESTRICTIONS NONE CDL LEARNER PERMITS: COL LICENSE STATUS SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** END OF RECORD *** '. Marc Schoen d) /VO lonCl Qr ;ss I../tcl 616 Erford Rd I Camp Hill, PA 17011-1124 -f() --It-IS addKJSS- 717-728-9844 Cindric. P I 613 Erford Rd NO' OJ? S . Camp Hill, PA 17011-1123 co..tud baCIL - Ji tJ&f ;35 ued +0 fR(3 6r-{2J,d fcl Dorrele!-Iy, 717-732-4584 Hershev. Amandal-{S . HfYsLrJfld:2tJes 717-732-7174 613 Erford Rd B v ~ _--IL /) / Lf2r ',j /...... Camp Hill, PA 17011-1123 1)11(5).) 'eurL/T 1JC2(CfI'--.i.Yt:S: Il.e -f-eleplulu..- [t). oparc:d-d/ rjY::s. ~ AJ~ publbud .# Iss-ued -10 +LZ (5'J{6ie'-f @ (Q/O Er-fCJrd R4 MILSTEAD & ASSOCIATES, L.L.C. BY: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee Our file No. 05-5-04502 COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland County Dennis Robinson NO. 2005-06374 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR AL TERNA TIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the motion of plaintiff, Wells Fargo Bank, N.A., as Trustee, for an order permitting substituted service ofthe Notice of Sheriffs Sale pursuant to Pa. R.C.Pro. 430(a) upon the Defendant, Dennis Robinson. II. FACTS Plaintiff filed suit against the Defendant, Dennis Robinson (the "Defendant") in Mortgage Foreclosure on or about December 14,2005. Plaintiff, Wells Fargo Bank, N.A., as Trustee, ("Plaintiff') is the mortgagee. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. Plaintiff has made several attempts to effectuate service of the Notice of Sheriff's Sale upon the Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Personal service was attempted on the Defendant at 610 Erford Road, Camp Hill, P A 17011. The Sheriff s Return of Service is marked "vacant". A copy of the return is attached to the Affidavit and made a part hereof as {OO106833 } . . Exhibit "A". Service was also attempted upon the Defendant by certified mail, return receipt requested at 610 Erford Road, Camp Hill, P A 17011. Themail was returned marked "unclaimed." A copy of the returned mail is attached to the Affidavit and made a part hereof as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "c" and made a part hereof. Said investigation provides no new address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. III LEGAL ARGUMENT According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made." Pa.R.c.Pro. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. {OO106833 } . . Pa.R.Civ.P.430(a). It is well settled that, pursuant to Pa.R.Civ.P. 430(a), a method of substituted service which is reasonable calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant by posting the mortgaged premises and sending certified and regular mail to the Defendant last known address is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in the instant matter is appropriate under Pa.R.Civ.P. 430(a). IV CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sheriffs Sale by certified and regular mail to the Defendant's last known address and by posting of the mortgaged premises. {OOI06833} ..- ". MILSTEAD & ASSOCIATES, L.L.C. BY: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our file No. 05-5-04502 Wells Fargo Bank, N.A., as Trustee, Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland County Dennis Robinson, Defendant. NO. 2005-06374 CERTIFICATE OF SERVICE I, Pina S. Wertzberger, Esquire, counsel for Plaintiff, Wells Fargo Bank, N.A., as Trustee, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court was served on the following persons by first class mail, postage pre-paid, on the 5th day of June, 2006: Dennis Robinson 610 Erford Road Camp Hill, PA 17011 {OOI06833} -,.. I (I ( ........, .:~ ,::,::1'"\ o ." -~ -r fil~ fJ:~ '~- I C) ,--" !...~j "'I; .. -1-1 ::l ?;~ ~:i '"l;'~ :.:1 .< -0 (,) i "~..) r " .) I~:.~-:(~ -p~ 'l;.\i ~, " JUN 1 3 Z006 BY: . MILSTEAD & ASSOCIATES, L.L.C. BY: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Wells Fargo Bank, N.A., as Trustee Plaintiff, Our file No. 05-5-04502 COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland County Dennis Robinson NO. 2005-06374 Defendant. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Pina S. Wertzberger, Esquire, attorney for Wells Fargo Bank, N.A., as Trustee, Plaintiff, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection With this matter and good cause shown: ITIS on this / ,5fhday of J '-'AI L ,2006 ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sheriffs Sale upon the Defendant, Dennis Robinson, shall be made by posting and tacking the Notice of Sheriffs Sale on the mortgaged premises known as 610 Erford Road, Camp Hill, PA 1701 I (the "Premises") and by certified and regular mail to the Defendant's last ~~~ known address of 610 Erford Road, Camp Hill, P A ~ ~ fv.-~ 'l '30 . J. {OOl06833} ~ " ;" it !/ \ '," <\',,~:3.J :"'iF;8 8;; :(, hl~ S I I':!I gOaZ :10 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney 10# 77472 Woodland Fal1s Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, N.A., as Trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Vs. : No.: 2005-06374 Dennis Robinson Defendant : AFFIDAVIT PURSUANT TO : Pa.R.c.P. 3129.2 STATE OF PENNSYL V ANlA COUNTY OF CUMBERLAND ) ) I, Pina S. Wertzberger, Esquire, offul1 age, being duly sworn according to law, upon my oath, depose and say, 1. The Notice of Sheriff's Sale of Real Property was served upon the defendant, Dennis Robinson, in accordance with the court order dated June 15,2006 as follows: Certified and Regular Mail: Property posting: Publication: June 21, 2006 June 28, 2006 June 30, 2006 and July 6, 2006 A proof of the mailings are attached hereto and made a part hereof as Exhibit "A". 2. On March 22, 2006, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". Pina S. Wertzberger Attorney 10 No. 77 {OOIl8601} , . . / J -.. MILSTEAD & ASSOCIATES, L.L.C. BY: Pina S. Wertzberger, Esquire Attorney 10# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FORPLAlliTITF Wells Fargo Bank, N.A., as Trustee Plaintiff, , JUN 1 ~ 2006 I \1I'-' ~._ ___ j '-' . ---- - - - -..---- ~. ._- --~.. Our file No. 5-5-04502 COURT OF COM ON PLEAS CNIL DNISION vs. Cumberland County Dennis Robinson NO. 2005-06374 Defendant. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYL VANIA R.C.P. 430 This matter being opened to the Court by Pina S. Wertzberger, Esquire, attorney for Wells Fargo Bank, N.A., as Trustee, Plaintiff, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania RC.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this /5fhday of J tLA/ L ' 2006 ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sheriff's Sale upon the Defendant, Dennis Robinson, shall be made by posting and tacking the Notice of Sheriff's Sale on the mortgaged premises known as 610 Erford Road, known address of 61 0 Erford Road, Camp Hill, P A ~~rv...~ -+'30. Camp Hill, PA 1701 1 (the "Premises") and by certified and regular mail to the Defendant's last 'g~~ J. ~~ ~:!.. ~~ g ~ 00 :\"~~::~ l1:~~NO \,\~ (:) ~i 8 r)-~~' \~~:" ~ ~ <!) 0 ~), lJ.10:: ~ , 'J' u.. / 0'0 (1'. .... Q.....) '{':. :'Q_ .,,-.......l:! t;. "IIiiiI Q d: ~6' NO ~ Q3.uW.Cl ClC) ~ . ~ ....1 Yi N :S1a8 ~lil~ <4)1""t .?;:Z; lAS -g~:I: ~ i ~~,.c::l """U D III 5 ~ t: iiI g IE: Z IE: i 1l'1"~ &, g g . ~C")N'" ~ . '" 0' .... Ili2:::8 ',;~: ~ N & <:'J2: ,1' ~~ "'0 ~'l t 1,1.) 0::. C <il u.. Q. :j on 0 , ... a...""lU..l ,:. .... ..-("4 ~ t> ""ii o~ ~6' C'-l I":) 0]~1Il(\ '"' C> :;< - - '" ... d-g- ,t~~ .g"d~ li::!;\1l .~i ... ,,0 ~ A:QU - - '" .... d...- 0,"< .il~p.. ~"E~ .~! ~ A-oU ::e..... '""0 U\\l", ;:Jll.Q)C\I ;...sQ)~0 -1ii ::l 0 III -- 1/)(1;) ~OlO \\l0- '0'" Ui...., oOalZ ",0 Ul _ ~.lI!Q);;: ... 'i\i .~ :J: cllu..'""i:=' '0""00... alc:Q)Q) CPal-'ffi.c: ]i:o;...s0 .- o~ 'a 0 . 3:" " ~~ o' '" g -:: E '" en1l'" ., ~-o " - a. .. ~c.oiL r-e ,)j'3 U ~a " en " o i! .. co ... ... <r' - ..J I 0 / N S-' ("\ C. i t - f a-- (j) ~1l ~o r ~'I ~~ ~ii1 s:.?' "1l N "'m ~;:o ~ I "T1i ;la'~3 ..a.~ ~Sl.a:08!!l~2,!!,.,;t SD I O' 3'o~ 01 ~:r!!l o-<e 8iiiD2' aD>> Q.lD::r3 ::J ibS-"S. It .j r; ~L- iil~ll!!U-2.5 ~~ i:l$ {,03'S U' ~ P<iiO'~~,,[!I;tg -2"~ ."e-e"o Z. fit S-3"lDS:i 3- ~i iHS.l!=!!l~ ~ i5.::Ji'i'S'3:3i .!=J . s:~ g ! ~ ~ uS" ...,,'" Cil P en~~ (!Iil.~~.Q p ien..-e!l.~"~ P Ulf!t::ih o a.il,;r;:pa~g m m_*_2':J'tJ ~ iiT~:::oglDDI ;2 -<"'8 3.",,~a. ~ a. l'PCD",ug m 1Il5' g.~25"ii1 p <fOi3'1D2na'rn :0. n,g.~"1!o';;1l' z GlD;;oa=::!::::IOIU o J'i~.(D(Jlj=r;:1 ~ ofPfs'i~8~ :1l ~,~;;~. ;9.;- ,AI Sl."Oa.iiJ~::Jii"3 m &.'<3:= 5fil2:1b (IJ :g!!!.2 0,(Dg: c o.<--(ii" Sf !: o~ - r- 8 ... '" '" co ... co en "II' o4'~POe~ ~ {d.'i::---- ...- ? ~~...,.""..-.- I'lIUtlt'te.oWE .. .'. 0" 10 s. . . ,)J. :.~02333S62 l!pO~O,9.00 N1nlLED F....''"''U., P....... .:!Jf)6 N.VI~1 ",lP CODE n ~ <,.~ ,", - - ~",),;;. : iU,:\.:<< ~~ .~i~ '''''' ,,:", i:::. C:: (;>1 ~ ,'"\ : J...; ,0 f/'" ,.\ ". -, ".'"",. ...,P...' "~,<., . ..I .. ~::;;Q\(:I::~tHl :::Z3-ol!lO-o"O "" c:r" ;:j < :3 j;~!lg~~e:.3 '1:l::l..n5i><Elg >~ 8.;1." Ng ~ _q(')o,"=~;~ ClClloa>v>"'~ ::;; if.~ g:::i ~ 0 ('D"< ~ - -....., .... n ~ 0 ~,., '1:l O - V. " _. ::l C Cl ::l e.1;" ~ 0- <' ~ ~. g o 0 -. ::l .. '" - I o~ ia. c= "il ~:::o. e.-" .if'" c ::i -l: i& "'en P!lC pQ.; 0" < ~ ~;>I .,;>1 i'~ ."en 1;'= ~ ~ ~ .. li' =- ,... I: r- :I . 9~~3:z Ql 02- r=)Io ~(;1!,!!lii: i!iiB~ ,0 OZ t:~.!rgoO o 0>)10 o;,~oC/)O EJe.! ~i cniSoCl ~~~en ~1lenmO om- ." .....~~m nZ o m ;0 Z :o.~ h ., ~ 2. Z ~ ".. 02. . ~i "iI ~i 8:" !j .. :I a. " CICICIXZ 'gi f.?n3'n~ ~OthQl> ~oUiil ,,;: iD~ I ~ ~;g =0 ~."" ii: :0. ;= CICI H :r:r 0" Si ~11 ..- 113' -. -e iiliil e" ~lil 2 o lffi -, () !!l.;ll; .:0. i" ;:" ,,;0 _,0 ~"'tJ ~ III ,... o () ;ll; " o ;0 g~~ cr5ficn ~. .... l!.11ii: 8:3~ g:1::l " ~i> !!..iiJz 8..0 H"g ..e.... !l.l!.m :rmo ~i~ ~ :- . n m 1l~ Sl. 3 !!!, 5' "' ~ . ~ en-o'" tD -. 0 ~ .,. 5,Qi .. .. CO .~ 0 .... '" '" ~ i ~fI)Z ... Co> C '" ~ r'~ i ~ N jjS' 3 ~i :::l ~s. % ~c ~3 2.16 ..~ 2. .. Y' '" ~ S .,.-.~.:;II"--'~ , ,,"- "" ..',.~ ~ r ,%-0 ,,0 3en ;J i~ ".;0 5<'0 "'m ~;o '\l. ~ .. -!. ,tr:J !0~ ~ . 'i5'" ',~ ~ \ ;II ;0 5" 0 qtio't 3';,!?-'" ~~~g~~.~g~.! ........O'::l;;g~I>'" !ll~;!.;;;>=.i~H ",Ii ?- 0 3 a ~ ~ 3 Il. .P 2" D) 0 ~ to ~,:J e. I>> __:JG:I 3~D.:-'; z::r~:J "=, CD e UJ_.,.o. "'-10 cag~~~~U'i~ iI\~~g[~-i~ 3-; .Prno!t~~Si=~~ fl~;;:;",..g;::3" p-.r,: ~.zg ~g~ or p~i: ,,'O~~a.';'! ;:; is.~ '" g is. ~ "'0 (63:,,,,...oc3"3'" iifG:lcrct- CD " ,_"ji'_4I'tt ~ Q. ::t (f):-'{i"al ~a.~g ~ lt~~~n" !!!.o;'-gii"''''g. !Z ~;og. ~ gq c 1i'ig-~ ~ a:~~ m ..<_."o.co:JP ?d 5'S'(ii"=l,:;,olD :;0 ~~cg.~~~i6. :::tl. ::r r;. ~" 0 c!O -. ~ SOlI.V~~;O;' _ .a!....",g'3 a ~lll "i\i"''' ~ 0" ii .....g. r' ~Fijj" ~ '< - I 'S:rJ>"'e:o;()""O nc::\GI_CDa......--, (') ....~..... {O ".<ioiOaLEoiil ~ ..... () 0; i:!lf" tI:l::> (I' ~ ~ g $' ~, ~ a tf.I \ fij' CD -i-F a (') [l:Ei"i:!l()"" " ril a ::EE~ >~.g ""'B.ri'S:~::;p..a >" "" 0 .... '=' ;+...- ....() ~ ti..... c::> CD (Jl;l-' VI '=' ~ ~ os 0 .., rJ,;: P S- o () :;;0 >.g ~ " " ,;-0;$ POSr"lc;, Q'" 'i!' . ~ I, ~~-:_. - ~_ ~ ~~_ Ol1;;V_e.O'A'l.;'. 02 1P $ 01.900 . ::\<:}(~.?~-a::,6c: i,\k!:...'? 2'2 2:,('6 ht~\\..EO FEor...1 zrp- coot. 'J 8,}Q"2 f .. -00 ~i ;it g.. ~~ a. en H r ~~~~~ ~~i~s ~~~IJ:~ '-0-0% Z~"-:ooo '-& 9f~~" gmo(i) ~~~ g ~ (/)g~cn ia~cn co(llmO ~~!J1-rt ~~r-U> b! '" ;0 .. '" a. z " o '8 DDD><~ i figi~~ .. iO!t~ ~ ti ~ ~ fis ~~ ~" r .,. : g~ :i~ fi .." '" m b 0 DO " - l~ ~~>>- ~~ -" .." .. -i ~ <O~ ,e- o'" s.d' ~:!! -o~ ;:~ ~~ ~!!!. ~rn iPS' -u> i!! ii 5'Si .... 0 ~g ~ .,. "'en & 0 0"0 ;0 o~c. . i' CD p~ .. g .,.;0 3~i! :;0 ~jil~ -" " iSi ",Ill g ~ Ii:> 0'''' c -r .,.1Il .. ) a. . It;': ~=- r c'ij'l "" . "c. r ~~i i ~ ~i 3 0 -;$ !!l .. ~~ '" ,.. ",I> .. ... =0 I " - o ~ -r.li;:-! rflf' -;P' ,.. ~ .' , ~~'::;', r.......,.- 'P;;,-:,", !;.t: ~; .-< , ~ = a' ~ C co' ~ ~:n -oFii 'oQ ~~~ ():D .0 am ~ -< -J -<:> :; w " o -J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Wells Fargo bank NA Tr is the grantee the same having been sold to said grantee on the 9th day of Aug A.D., 2006, under and by virtue of a writ Execution issued on the 28th day ofFeb, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 6374, at the suit of Wells Fargo Bank N A Tr against Dennis Robinson is duly recorded in Deed Book No. 276, Page 3110. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this )~ day of ~ , A.D. d-D00 \.rY\CV~ {~; ti~-c\ ck~ corder of Deeds =" 0NiI, CwnbIIIInd CcIunlf. CIIIIII. PA ~ IIIIIaII e.,.. '" FilII MGIIdIrd.. 2D1O F AMENDED Wells Fargo Bank, N.A., as Trustee VS Dennis Robinson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6374 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Dennis Robinson, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Dennis Robinson. The house located at 610 Erford Road, Camp Hill, PA is vacant. The power is also shut off, The neighbor advised Deputies that the defendant moved several months ago, but the Post Office advises they still deliver mail to the given address. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April II, 2006 at 6:24 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis Robinson located at 610 Erford Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Dennis Robinson by regular mail to his last known address of 61 0 Erford Road, Camp Hill, P A 17011. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. Douglas E. Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28,2006 at 12:25 o'clock P,M., he served a true and correct copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, upon the following named defendant, to wit: Dennis Robinson, pursuant to order of court, by posting a true and correct copy of the Real Estate Writ, Notice of Sheriffs Sale and Description upon the premises located at 610 Erford Rd., Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on August 09,2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Pina Wertzberger for Wells Fargo Bank, NA as Trustee under Pooling and Servicing Agreement dated as of February 1,2004, First Franklin Mortgage Loan Trust Mortgage Loan Asset-Backed Certificates, Series 2004-FFl. It being the highest bid and best price received for the same, Wells Fargo Bank, NA as Trustee under Pooling and Servicing Agreement dated as of February 1,2004, First Franklin Mortgage Loan Trust Mortgage Loan Asset-Backed Certificates, Series 2004- FFI of 1100 Corporate Center Drive, Raleigh, NC 27607, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$827.17. . " Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 15.82 15.00 15.00 30.00 10,00 .50 1.00 26.40 .98 15.00 20.00 20,00 317.00 226.40 19,57 25.00 39.50 n $ 827.17 Ii JO!&6!O{, -r SO~~ ~, R. Thomas Kline, Sheriff BY Jo~J~. Real Estat ergeant ~~ ll"0 ~ D " '\)V \ " Ck. !{s'33i f2>>.--. / f 3 ~ fj 7 l . . .. l' MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, N.A., as Trustee Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. : No.: 2005-06374 Dennis Robinson : AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wells Fargo Bank, N.A., as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 610 Erford Road, Camp Hill, P A 17011: 1. Name and address ofOwners(s) or Reputed Owner(s): Dennis Robinson 610 Erford Road Camp Hill, P A 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00088646} 4. Name and Address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee (Plaintiff herein) 1100 Corporate Center Drive Raleigh, NC 27607 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of P A 4910 Carlisle Pike Suite 104 - Hampden Center Mechanicsburg, P A 17050 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 610 Erford Road Camp Hill, PA 17011 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to uns om fal~j1ication to authorities. . Date: February 28. 2006 {OOO88646} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Wells Fargo Bank, N.A., as Trustee Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. : No.: 2005-06374 Dennis Robinson Defendant(s) : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO P A.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 610 Erford Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on June 7, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $86,482.18 obtained by Wells Fargo Bank, N.A., as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered, You may also ask the Court to postpone the Sale for good cause, 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale, (See Notice on next page and how to obtain an attorney). {OOO88646} YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fInd out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To fInd out if this has happened you may call Milstead and Associates, LLC at 856-482-1400, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened, 5, You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be fIled by the Sheriff on a date specifIed by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are fIled with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE TIDS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S, Bedford Street Carlisle, P A 17013(717) 249-3166 (800) 990-9108 05-5-04502 {00088646} ALL THAT CERTAIN messuage, tenement and tract of ground situate in East Pennsboro Township, Cumberland County, Commonwealth of pennsylvania, more particularly bounded and described in accordance with the sUlVey of D.P. Raffensperger, registered sUlVeyor, Camp Hill, Pennsylvania, dated May 18, 1968, as follows: BEGINNING at a point on the easterly line of Elford Road, which point is two one-hundredths (269.02) feet north of the northeasterly comer of Erford Road and Glenwood Drive, and at dividing line between Lots Nos. 23 and 23X, Block "H", on the hereinafter mentioned plan of lots; thence along the easterly line of Erford Road, north tWenty-six degrees thirty minutes east (N 260 30" E) a distance offorty (40) feet to a point at dividing line between Lots Nos. 23 and 22X, Block "11'\ on the said pIan; thence along said dividing line south sixty-three degrees thirty minutes east (S 760 30" W) a distance of forty (40 feet to a point at dividing line between Lots Nos. 23 and 23, Block "H" aforesaid; thence along said dividing line an9 through the center of a partition wall and beyond, north sixty-three degrees thirty minutes west (N 63030" W) a distance of one hundred ftfteen (115) feet to a point, the place of Beginning. BEING KNOWN AS 610 Erford Road, Camp Hill, P A 17011 PARCEL ill NO: 09-16-01050-275 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO88646} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6374 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N,A" AS TRUSTEE, Plaintiff (s) From DENNIS ROBINSON (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 $86,482.18 L.L. $,50 Interest FROM 2/24/06 TO DATE OF SALE AT $14,22 PER DIEM Arty's Comm % Atty Paid $123,57 Plaintiff Paid Due Prothy $1.00 Other Costs Date: FEBRUARY 28, 2006 (Seal) By: Deputy REQUESTING PARTY: Name PINA S, WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No, 77274 "~ ",;;:,\ !""~ c:-.::::a ~ ~ ~ .' Real Estate Sale # 72 On March 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 610 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 06, 2006 By: 9 f1 :01 'V Z - HVH qUOl Vd 'AINi1uJ UdV"Ii:U8J,.JnJ .:J.:JIH3HS 3H1 .:JO 3JI.:J.:JO 0~~S~ Rea'i'-E'Jate Sergeant f ~ 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 Joseph A, Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he 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 S ALE #72 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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 7, 14,21,2006 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. 7L SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Bnro, Cumberland County MIf Corrmis;;:;cf1 F ..'ps rViarch 5, 2009 REAL ESTATE SALE NO, 72 Writ No. 2005-6374 CMl Wells Fargo Bank. N.A. as Trustee vs. Dennis Robinson Atty.: P1na Wertzberger ALL TIiAT CERTAIN messuage. tenement and tract of ground situ- ate in East Pennsboro Township. Cumberland County. Common- wealth of Pennsylvania. more par- ticularly bounded and described in accordance with the sUIvey of D.P. Raffensperger. registered surveyor. Camp Hill. Pennsylvania. dated May 18. 1968. as follows: BEGINNING at a point on the easterly line of Erlord Road. which point is two one-hundredths (269.02) feet north of the northeast- erly corner of Erford Road and Glenwood Drive. and at dividing line between Lots Nos. 23 and 23X. Block "HM. on the hereinafter men- tioned plan of lots; thence along the easterly line of Erford Road. north twenty-six degrees thirty minutes east (N 260 30" E) a distance of forty (40) feet to a point at dividing line between Lots Nos. 23 and 22X. Block "H". on the said plan; thence along said dividing line south sixty- three degrees thirty minutes east (S 260 30" W) a distance of forty (40 feet to a point at dividing line be- tween Lots Nos. 23 and 23. Block "H" aforesaid; thence along said di- viding line and through the center of a partition wall and beyond. north sixty-three degrees thirty minutes west (N 630 30" W) a distance of one hundred fIfteen (115) feet to a point. the place of Beginning. BEING KNOWN AS 610 ErfordhRoad. Camp Hill, PA 17011. PARCEL ID NO: 09-16-01050- 275. IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling.