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Home My WebLink About02-4882MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION COMPLAINT IN EJECTMENT ACTION NOTICE AVISO 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 an 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 fights important to you. Le han demandado a usted en la corta Si usted quiere defenerse de estas demandos expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defenso o sus objectiones a las demandas en contra de su persona. Sea avisaod que si ustad no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notifcacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede peter dinero o sus propiedades u ostros drechos importantes para usted. You should take this paper to your lawyer at once. lfyou 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. Lleva esta demanda a un abogado inmediatamente. Si no tiene abogado o si no tiene el dinero sufciente de telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir a$istencia legal. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Ielephone: (800) 990-9108 SERVICIO DE REFERENCIA E INFORMACION LEGAL ASSOCIACION DE LICENCIADOS DE CUMBERLAND COUNTY 2 Liberty Avenue Carlisle, PA 17013 Tetefono: (800) 990-9108 MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MAL1NDA S. MEEHAN, f/k/a MAL1NDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. COMPLAINT IN EJECTMENT ACTION 1. The Plaintiff is Credit Based Asset Servicing and Securitization, which has its principal place of business at 5373 W. Alabama, Suite 600, Houston, TX 77056. 2. The Defendant are Malinda S. Meehan f/k/a Malinda S. Rasmussen and Charles Meehan or Occupants, individual(s) residing at 519 Hamilton Street, Carlisle, PA 17013. 3. Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013, (the "property"), a copy of the legal description is attached hereto as "Exhibit A." 4. Plaintiff became owner of the Property by virtue ora Cumberland County Sheriffs Sale, sale was held on Thursday, September 5, 2002. 5. Plaintiff, by virtue of the above, is the owner of the Property and is entitled to possession thereof. 6. Defendant(s) is/are now in exclusive possession of the Property without right and so far so far as the plaintiff is informed, without claim of title. 7. Plaintiffhas demanded possession of the Property from the defendant(s) who have refused to deliver possession of same. WHEREFORE, Plaintiff, Credit Based Asset Servicing and Securitization, seeks the entry of a judgment that the Plaintiff recover damages and possession o£the Property. MARGOLIS EDELSTEIN Date: Tamara Chasan, Esquire Attorney for Plaintiff VERIFICATION I, Tamara Chasan, Esquire, Attorney for the Plaintiff, verifies that she is authorized to sign this verification, that she has reviewed the facts set forth in the foregoing and that the facts set forth therein are true and correct to the best of his knowledge, information and belief These statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date Iolblaa Tamara Chasan, Esquire Attorney for Plaintiff Exhibit A 09/12/02 THU 14:17 FA~ 2155871717 FEDERt~IAN&PHELAN ~ 005 ALL THAT cERTAIN ~ sit~ate~ in ~ne ~orough Of Caddie, Cumberland Count. Pennsylvania, as . 0n ~e e~t by [~ no~r ~ · front on ~id Hami ton S~t and n~ ~ no~ by Hamilton S~ ..... a~.den Confining 2B ~t ~n .... 4 ~half ~ ~ame ~elbng ~e w~ ~y 1~ ~.~ ~aid aile~; and hav~ng er~ ~e~n ~n~g ~n ~p~ ,~u ~ ~ 519 Hamii~n ........ ~ which b~me ve~,~,~ O~ber 7. lg~ in ~emru ~ · · ~. ~ B~ng me ~n~ ~,~,,,~;Z_ 4~+~d o~r ~, ~ a,,~ ......... premium ~u~ Endo~ent 519 DAIKZL~fOI¢ S~F.E~ SEP 12 '02 15:29 2155671919 PAGE.05 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDITT BASED ASSET SERVICING VS MEEHAN MALINDA S ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MEEHAN MALINDA S FKA RASMUSSEN the DEFENDA/qT at 2102:00 HOURS, at 519 HAMILTON STREET CARLISLE, PA 17013 MALINDA S MEEHAN a true and attested copy of COMPLAINT - on the llth day of October 2002 by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /~, ~ day of ~7~ ~ J~ A.D. l~ro£honot ary So Answers: R. Thomas Kline 10/14/2002 MARGOLIS EDELSTEIN Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-04882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDITT BASED ASSET SERVICING VS MEEHAN MALINDA S ET AL REGULAR DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MEEHAN CHARLES the DEFENDANT , at 2102:00 HOURS, on the llth day of October at 519 HAMILTON STREET 2002 CARLISLE, PA 17013 MALINDA S MEEHAN a true and attested copy of COMPLAINT - by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /g ~ day of ~ ~ 2~ A.D. ! ~rothonotary ' ' ~ So Answers: R. Thomas Kline 10/I4/2002 MARGOLIS EDELSTEIN By: Deputy Sheriff Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Defendant CREDIT BASED ASSET SERVICING : AND SECURITIZATION, : Plaintiff : VS. : : MALINDA S. MEEHAN, f/k/a/MALINDA : S. RASMUSSEN and CHARLES : MEEHAN or OCCUPANTS, : Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION AND NOW, comes defendant, Malinda S. Meehan ffrda Malinda S. Rasmussen, through her counsel, Steven C. Courtney, Esquire, and respectfully answers Plaintiff's Complaint in Ejectment as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant Malinda Meehan f/k/a Malinda S. Rasmussen resides at 519 Hamilton Street, Carlisle, Pennsylvania. It is denied that Charles Meehan resides at the aforesaid address. 3. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. 4. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. Document #: 226315.1 5. Denied. After a reasonable investigation, Defendant is without sufficient information to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. 6. Denied. It is denied that Defendant does not have a fight to possession of the property located at 519 Hamilton Street, Carlisle, Pennsylvania. 7. Denied. Defendant denied that Plaintiff has demanded possession of the property located at 519 Hamilton Street, Carlisle, Pennsylvania. WHEREFORE, Defendant respectfully prays that this Court dismisses Plaintiff's Complaint in Ejectment. GODFREY &~ Courtm ,E qni h P.O. BOX 6280 ~ Harrisburg, Pennsylvania 17112 717.540.3900 Document #: 184896.1 2 CERTIFICATE OF SERVICE I, Steven C. Courtney, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Tamera Chasan, Esquire The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106 TNEY Steven C. Courtney, Esquire P.O. BOX 6280 Harrisburg, PA 17112 Document #: 184896.1 3 MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE Identification No. 74416 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5899 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff Vo MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 02-4882 MOTION FOR SUMMARY JUDGMENT Plaintiff, Credit Based Asset Servicing and Securitization by and through its undersigned attorney, hereby submits the following motion for summary judgment, pursuant to 1035(b) of the Pennsylvania Rules of Civil Procedure: 1. Plaintiff is Credit Based Asset Servicing and Securitization. Plaintiff's address is 5373 West Alabama, Suite 600, Houston, TX 77056. 2. Defendants, Malinda S. Meehan, f/k/a Malinda S. Rasmussen and Charles Meehan or Occupants, are individuals residing at 519 Hamilton Street, Carlisle, PA 17013. However in debtor's answer to paragraph 2 of the Complaint, it is admitted that Malinda S. Meehan, f/k/a Malinda S. Rasmussen resides at 519 Hamilton Street, Carlisle, Pennsylvania, but denied that Charles Meehan resides at the aforesaid address. True and correct copies of Plaintiff's Complaint in Ejectment Action and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits A and B, respectively. 3. Plaintiff is the owner of the premises located, at 519 Hamilton Street, Carlisle, PA 17013 (the "Property"). 4. Plaintiff became owner of the Property by Assignment from Conti Mortgage Corporation and pursuant to a foreclosure sale whereafter a Deed was lodged at the Department of Records and Settlement made with the Sheriff of Cumberland County. 5. Defendants are now in exclusive possession of the Property without right, and so far as the plaintiff is informed, without claim of title. 6. On September 13, 2002, Plaintiff sent notice by regular and certified mail return receipt requested to defendants to vacate the property. 7. Plaintiff has thus demanded possession of the Property from the defendants who have refused to deliver up possession of the same. 8. Plaintiff by virtue of the above, is the owner of the property, and is entitled to back rent including late charges from February 11, 2000 until present. 9. In Defendant's answer it is denied that Defendant is/are now in exclusive possession of the Property without the right and so far as the plaintiff is informed, without claim of title. 10. Since there are no genuine issues as to any n'taterial facts, Plaintiff is entitled to summary judgment for eviction as a matter of law. WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against defendants to enable Plaintiff to recover damages and possession of the Property. MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE Attorney for Plaintiff Dated: IOJctlOc)-. MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE Identification No. 74416 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5899 Attorney for Plaintiff CREDIT BASED ASSET SERVICiNG AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Plaintiff Vo NO. 02-4882 MALINDA S. MEEHAN, f/k/a MAL1NDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants MEMORANDUM OF LAW Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013 (the "Property") by Assignment from Conti Mortgage Corporation and pursuant to a foreclosure sale held on September 5, 2002, whereafter a Deed was lodged and Settlement made with the Sheriff of Cumberland County. Defendants are now in exclusive possession of the Property without right, and without claim of title. Plaintiff has properly demanded possession of the Property from the defendants who have refused to vacate. Plaintiff is the owner of the Property, and is entitled to have the defendants; evicted from the Property. Additionally, Plaintiff is entitled to back rent including late charges from February 11, 2000 until present. I. ARGUMENT Plaintiff is entitled to summary judgment in its favor for ejectment, because it is the rightful and sole owner of the Property and there are no eenuine issues as to any material f-qct. Plaintiff is entitled to summary judgment because there are no genuine issues as to any material fact and is entitled to judgment as a matter of law. Pa. R. C. P. 1035(b) states: ·.. the judgment sought shall be rendered if... there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Summary judgment is appropriate in an ejectment action if there are no factual issues to be decided. See Moore v. Smith 343 Pa. Super. 326, 494 A.2d 1107 (1985). Here, there are no factual issues to be decided. Under Pennsylvania law, when a new owner has property acquired property by deed involving a mortgage foreclosure and sale, and the previous owner maintains possession of such property, summary judgment for ejectment should be entered in favor of the new owner because no right, title or interest remains vested in the previous owner. See e.g. Id; see also Pennsylvania Co. v. Broad Street Hospital, 354 Pa. 123, 47 A.2d 281 (1946). (no right of redemption after foreclosure in Pennsylvania). In the instant case, Plaintiff became the new owner of the Property after a mortgage foreclosure and Sheriff's sale. The defendants have without right unlawfully maintained possession of Plaintiff's Property. Because there are no genuine issues as to any material fact, summary judgment for ejectment should be granted in favor of Plaintiff. II. CONCLUSION Accordingly, based on the foregoing and Pennsylvania law, Plaintiff is the rightful and sole owner of the Property and summary judgment for ejectment should be entered in favor of plaintiff. Respectfully submitted, Tamara Chasan, Esquire Attorney for Plaintiff VERIFICATION Tamara Chasan, Esquire, hereby stats that she is the attomey for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Memorandum of Law are tree and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C..S. §4904 relating to unsworn falsification to authorities. Date Tamara Chasan, Esquire Attorney for Plaintiff Exhibit A MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney fl~r Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION COMPLAINT IN EJECTMENT ACTION NOTICE AVISO You have been sued in Court. If you wish to defend against the clain~ set forth in the following pages, you must take action within twenty (20) days after this Complaint end Notice am served, by entering a written appearance personally or by an 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 onee~ 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. Le hah demandado a usted en la corte. Si ustad quiere defenerse de cstas dcmandos cxpucstas cn las paginas sigaientes, ustad ticnc vcintc (20} dieu dc plazo al pa~ir dc fa fccha dc la dcmanda y fa nofificaclon. Hacc falta ascntar una comparcncia cserita o en persona o con un abogado y enffegar a la corte en forma escrita sus defenso o sus objeetiones a las demandas en contra de su persona. Sea avisaod que si usted no se defiende, la coae tomara medidas y puede cont'n aar la dcmanda cn contra suya sm prcvlo avLso o notifcacion. Ademas, la corte pucdc deeidir a favor del dcmandantc y requicrc quc ustcd cumpla con todas las provisioncs de csta dcmanda. Ustcd pucdc peter dincro o sus propicdades u ostros drechos importantas para ustad. Lleva esta demanda a un abogado inmediatamente. Si no ttene ahogado o s:i no tiene el dinero sufciente de telefono a la oficina cuya direccion se enenentra escrita abajo para averiguar donde se puede conseguir asistencia legal. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Libeely Avenue Carlisle, PA 17013 Telephone: (800) 990-9108 SERVICIO DE ILEFERENCIA E FNFORMACION LEGAL ASSOCIACION DE LICENCIADOS DE CUMBERLAND COUNTY 2 Liberty Avenue Carlisle, PA 17013 Telefono: (800) 990-9108 TRUE-' COPY FROM RECORD In Testimony whereof, I here unto set my t~nd and the ami of said Court at Carlisle, P~. This %~,- da" of~ I~othonotary ' ~ MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MAL1NDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney tbr Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. COMPLAINT IN EJECTMENT ACTION 1. The Plaintiffis Credit Based Asset Servicing and Securitization, which has its principal place of business at 5373 W. Alabama, Suite 600, Houston, TX 77056. 2. The Defendant are Malinda S. Meehan f/k/a Malinda S. Rasmussen and Charles Meehan or Occupants, individual(s) residing at 519 Hamilton Street, Carlisle, PA 17013. 3. Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013, (the "property"), a copy of the legal description is attac]hed hereto as "Exhibit A." 4. Plaintiff became owner of the Property by virtue of a Cumberland County Sheriffs Sale, sale was held on Thursday, September 5, 2002. 5. Plaintiff, by virtue of the above, is the owner of the Property and is entitled to possession thereof. 6. Defendant(s) is/are now in exclusive possession of the Property without right and so far so far as the plaintiff is informed, without claim of title. 7. Plaintiff has demanded possession of the Property from the defendant(s) who have refused to deliver possession of same. WHEREFORE, Plaintiff, Credit Based Asset Servicing and Securitization, seeks the entry of a judgment that the Plaintiff`recover damages and possession of the Property. MARGOLIS EDELSTEIN Date: Tamara Chasan, Esquire Attorney for Plaintiff VERIFICATION I, Tamara Chasan, Esquire, Attorney for the Plaintiff, w~rifies that she is authorized to sign this verification, that she has reviewed the facts set forth in the foregoing and that the facts set forth therein are true and correct to the best of his knowledge, information and belief These statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date Tftmara Chasan, Esquire Attorney for Plaintiff Exhibit B Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney LD. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Defendant CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN, f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND CgUN~Y, PENNSYLVANIA c:_ ~-o NO. 02-4882 CIVIL ACTION AND NOW, comes defendant, Malinda S. Meehan f/k/a Malinda S. Rasmussen, through her counsel, Steven C. Courmey, Esquire, and respectfully answers Plaintiff's Complaint in Ejectment as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant Malinda Meehan f/k/a Malinda S. Rasmussen resides at 519 Hamilton Street, Carlisle, Pennsylvania. It is denied that Charles Meehan resides at the aforesaid address. 3. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. 4. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. Document #: 226315.1 5. Denied. After a reasonable investigation, Defendant is without sufficient information to form a belief to the matters averred and the same ils therefore denied. Proof is demanded at the time of trial. 6. Denied. It is denied that Defendant does not have a right to possession of the property located at 519 Hamilton Street, Carlisle, Pennsylvania. ' T Denied. Defendant denied that Plaintiff has demanded possession of the property located at 519 ~amilton Street, Carlisle, Pennsylvania. WHEREFORE, Defendant respectfully prays that this Court dismisses Plaintiff's Complaint in Ejectment. GODFREY & COURTNE~//~ By ~~ ~"N ~ C. Courtney, EsquireX-,.,~ ) P.O. BOX 6280 Harrisburg, Pennsylvania 17112 717.540.3900 Document #: 184896. I 2 CERTIFICATE OF SERVICE I, Steven C. Courtney, Esquire, do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Tamera Chasan, Esquire The Curtis Center, 4th Floor Independence.Square West Philadelphia, PA 19106 TNEY Steven C. Courtney, Esquire P.O. BOX 6280 Harrisburg, PA 17112 Document #: 184896.1 3 MARGOLIS EDELSTEIN BY: Tamara Chasan IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff Vo MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 02-4882 CERTIFICATE OF SERVICE I hereby certify that on. ~ // ,2002, Ann-Marie A. Owens, a paralegal at Margolis Edelstein, served the Motion for Summary Judgment in Ejectment Action upon the person(s) and in the manner indicated below. Service by regular mail, postage prepared as follows: MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN 519 Hamilton Street Carlisle, PA 17013 Steven C. Courtney, Esquire Godfrey & Courtney, P.C. P.O. Box 6280 Harrisburg, PA 17112-0280 Date: Tamara Chasan, Esquire Attorney for Plaintiff 82180-0465 MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE Identification No. 74416 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5899 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 02-4882 MOTION FOR SUMMARY JUDGMENT Plaintiff, Credit Based Asset Servicing and Securitization by and through its undersigned attorney, hereby submits the following motion for summary judgment, pursuant to 1035(b) of the Pennsylvania Rules of Civil Procedure: 1. Plaintiff is Credit Based Asset Servicing and Securitization. Plaintiff's address is 5373 West Alabama, Suite 600, Houston, TX 77056. 2. Defendants, Malinda S. Meehan, f/k/a Malinda S. Rasmussen and Charles Meehan or Occupants, are individuals residing at 519 Hamilton Street, Carlisle, PA 17013. In defendant's Answer to paragraph 2 of the Complaint, it is admitted that Malinda S. Meehan, f/k/a Malinda S. Rasmussen resides at 519 Hamikon Street, Carlisle, Pennsylvania, but denied that Charles Meehan resides at the aforesaid address. True and correct copies of Plaintiff's Complaint in Ejectment Action and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits A and B, respectively. 3. Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013 (the "Property"). 4. Plaintiff became owner of the Property by Assignment from Conti Mortgage Corporation and pursuant to a foreclosure sale after which sale a Deed was lodged at the Department of Records and Settlement made with the Sheriff of Cumberland County. 5. Defendants are now in exclusive possession of the Property without right, and so far as the plaintiff is informed, without claim of title. 6. On September 13, 2002, Plaintiff sent notice by regular and certified mail return receipt requested to defendants to vacate the property. 7. Plaintiff has thus demanded possession of the Property from the defendants who have refused to deliver up possession of the same. 8. Plaintiff by virtue of the above, is the owner of the property, and is entitled to back rent including late charges from February 11, 2000 until present. 9. In Defendant's Answer it is denied that Defendant is/are now in exclusive possession of the Property without the right and so far as the plaintiff is informed, without claim of title. 10. On December 3, 2002, defendant Malinda S. Meehan, filed a Chapter 13 Bankruptcy Petition. By Order of December 19, 2003, the Automatic Stay was modified by the U.S. Bankruptcy Trustee thereby permitting Plaintiff permission to obtain possession of the premises of 519 Hamilton Street, Carlisle, PA 17013. A true and correct copy of the Order Modifying Automatic Stay is attached as Exhibit "C;". 11. Since there are no genuine issues as to any material facts, Plaintiff is entitled to summary judgment for eviction as a matter of law. WI-~FO~, Plaintiff respectfully requests that judgment be entered in its favor and against defendants to enable Plaintiff to recover damages and possession of the Property. MARGOLIS EDELSTEIN Dated: TAMARA CHASAN, ESQUIRE Attorney for Plaintiff Plaintiff is entitled to summary judgment because there are no genuine issues as to any material fact and is entitled to judgment as a matter of law. Pa. R. C. P. 1035(b) states: ·.. the judgment sought shall be rendered if... there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Summary judgment is appropriate in an ejectment action if there are no factual issues to be decided. See Moore v. Smith 343 Pa. Super. 326, 494 A.2d 1107 (1985). Here, there are no factual issues to be decided. Under Pennsylvania law, when a new owner has property acquired property by deed involving a mortgage foreclosure and sale, and the previous owner maintains possession of such property, summary judgment for ejectment should be entered in favor of the new owner because no right, title or interest remains vested in the previous owner. See e.g. Id; see also Pennsylvania Co. v. Broad Street Hospital, 354 Pa. 123, 47 A.2d 281 (1946). (no right of redemption after foreclosure in Pennsylvania). In the instant case, Plaintiff became the new owner of the Property alter a mortgage foreclosure and Sheriff's sale. The defendants have without right unlawfully maintained possession of Plaintiff's Property. Because there are no genuine issues as to any material fact, summary judgment for ejectment should be granted in favor of Plaintiff'. II. CONCLUSION Accordingly, based on the foregoing and Pennsylvania law, Plaintiff is the rightful and sole owner of the Property and summary judgment for ejectment should be entered in favor of plaintiff. Respectfully submitted, Tamara Chasan, Esquire Attorney for Plaintiff MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE Identification No. 74416 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5899 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Plaintiff NO. 02-4882 MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants MEMORANDUM OF LAW Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013 (the "Property") by Assignment from Conti Mortgage Corporation and pursuant to a foreclosure sale held on September 5, 2002, after which sale a Deed was lodged and Settlement made with the Sheriff of Cumberland County. Defendants are now in exclusive possession of the Property without right, and without claim of title. Plaintiff has properly demanded possession of the Property from the defendants who have refused to vacate. Plaintiff is the owner of the Property, and is entitled to have the defendants evicted from the. Property. Additionally, Plaintiff is entitled to back rent including late charges from February 11, 2000 until present. 'I. ARGUMENT Plaintiff is entitled to summa~ judgment in its favor for ejectmenh because it is the rightful and sole owner of the Property and there are no genuine issues as to any material fact. VERIFICATION Tamara Chasan, Esquire, hereby sta~that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Memorandum of Law are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 31 ol Date Tamara Chasan, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE ! hereby certify that on March 10, 2003, Ann-Marie A. Owens, a paralegal at Margolis Edelstein, served the Motion for Summary Judgment in Ejectment Action upon the person(s) and in the manner indicated below. Service by regular mail, postage prepared as follows: Malinda S. Meehan, f/k/a Malinda S. Rasmussen 519 Hamilton Street Carlisle, PA 17013 Steven C. Courtney, Esquire Godfrey & Courtney, P.C. P.O. Box 6280 Harrisburg, PA 17112-0280 Date: Tamara Chasan, Esquire Attorney for Plaintiff 82180-0465 MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street ~ Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DMSION COMPLA~T IN EJECTMENT ACTION NOTICE You have be~n Sued in Court. ff you wish to defend against the clain~ a~t forth in the following pages, you must take action within twenty (20) days after this Complaint and..Noti? are served, by ente~n$ a mitten appearance pemonauy or Dy an attorney and filing in writing with the Court your defenses or objections to thc claims set for$a against yo.u..Y, pu .are warn.ed that if you fail to do so the case may procee~ Mmout you uno a judgment may be ente~l, .agai,ns.t y..ou b_.y the. c~. u. rt wi~'~o__u!, ofof~er notice for any money cl~ m me [OmplMBt or lot any v claim or relief~quested by the Plaintiff. You may lose money or propen'y or other rights important to you. You should take this paper to your lawyer at once. If you do not have s lawyer or ennnot afford one, go to or telephone the offiee set forth below to find out where you e~n get legal help. AVISO Le hun demandado a usted en la cone. Si usted quiere defenerse dc estas demandos expuems en I~ p.ag~u? sisu!~t~s: us?l__ ~tievn~a veint~ (20) dias dc plazo al partir oc ta tee. ns oc t.a oem?n, aa y notificacton. Hace falut asentar una comparcn~aa escrlta o en p~ona o con un abogado y emrega~ a ia torte en fo .mia eserita sus ,fenso o s~ objectiones * laS .d?an.d~. ,. co,ira ~l~ ~Um~.~cl~a_. Sea avi~aod .que si usted no se denOn~, la co~ toma .~. m.~ y pue,~ continuas la dea~mda en conUa, su.ya .~.m. p?lo ay.? o . nofifcacion. Ad, maS, la co~ lme~-e oecttm' a favor de~umdant~ y r. quio~ qu~ amd cm~p!.a con todas laS d~ ~ta demands. UV,~! pued~ pet~ um~o o ~ptupleoa~ ostms dre~hos importante~ pa~a us~u. IAeva eats demandn ann abogado iamedlatamente- $1 no tleae abogado o si no tieue el dlnero aufelente de tdefono a la oflehza euya direeeion se eneue~tra eacrita aba]o para averiguar doade se puede eomeguir zat~tenela legal. LAWYF-~ REFERRAL SERVICE CUlVlB~ COUNTY BAR ASSOCIATION 2 I..ib~ Avenue Cadisl¢, PA 17013 Telephone: (800) 990-9108 SERVICIO DE P. EFERI~ICIA E INFORMACION LEGAL ASSOCIACION DE LICENCIADOS DE CUMBERLAND COUNTY 2 Libel/Avenue Carlisle, PA 17013 Tdefoao: (800) 990-9108 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand an~ the s~al of said Court at Carlisle, P~. MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Indepeadence Square West Philadelphia, PA 19106-3304 (215) 931-5519 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DMSION NO. COMP~T IN EJECTMENT ACTION 1. The Plaintiff is Credit Based Asset Servicing and Securitization, which has its principal place of business at 5373 W. Alabama, Suite 600, Houston, TX 77056. 2. The Defendant are Malinda S. Meehan f/k/a Malinda S. Rasmussen and Charles Meehan or Occupants, individual(s) residing at 519 Hamilton Street, Carlisle, PA 17013. 3. Plaintiff is the owner of the premises located at 519 Hamilton Street, Carlisle, PA 17013, (the "property"), a copy of the legal description is attached hereto as "Exhibit A." 4. Plaintiff became owner of the Property by virtue of a Cumberland County Sheriffs Sale, sale was held on Thursday, September 5, 2002. 5. Plaintiff, by virtue of the above, is the owner of the Property and is entitled to possession thereof. 6. Defendant(s) is/are now in exclusive possession of the Property without right and so far so far as the plaintiff is informed, without claim of rifle. 7. PlaintS'has demanded possession of the Property from the defendant(s)who have refused to deliver possession of same. WHEREFORE, Plaintiff, Credit Based Asset Servicing and Securitization, seeks the entry of a judgment that the Plaintiff recover damages and possession of the Property. MARGOLIS EDELSTEIN Tamara Chasan, Esquire Attorney for Plaintiff 3/ERIlqCATION I, Tamara Chasan, Esquire, Attorney for the Plaintiff, verifies that she is authorized to sign thi~ verification, that she has reviewed the facts set forth in the foregoing and that the facts set forth therein are tree and correct to the best of his knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to un.qwom falsification to authorities. T~mara Chasan, ESc[u~e Attorney for Plaintiff Date 101 Godfrey & Courtney, P.C. BY: Steven C. Courtney, E~quire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 CnT) s4o-39oo AHorney for Defendant CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN, f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA · NO. 02-4882 -~ : CIVIL ACTION ~ AND NOW, comes defendant, Malinda S. Meehan f/k/a Malinda S. Rasmussen, through her counsel, Steven C. Courtney, Esquire, and respectfully answers Plaintiff's Complaint in Ejectment as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant Malinda Meehan f/k/a Malinda S. Rasmussen resides at 519 Hamilton Street, Carlisle, PennsylVania. It is denied that Charles Meehan resides at the aforesaid address. 3. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. 4. Denied. After a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. Document #: 226515.1 5. Denied. After a reasonable investigation, Defendant is without sufficient information to form a belief to the matters averred and the same is therefore denied. Proof is demanded at the time of trial. 6. Denied. It is denied that Defendant does not have a right to possession of the prOperty located at 519 Hamilton Street, Carhsle, Pennsylvania. Denied. Defendant denied that Plaintiff has demanded possession of the property located at 519 Hamilton Street, Carlisle, Pennsylvania. WHEREFORE, Defendant respectfully prays that this Court dismisses Plaintiff's Complaint in Ejeetment. Dated: GODFREY & . By P.O. BOX 6280 Harrisburg, Pennsylvania 17112 717.540.3900 Document #: 184896.1 2 CERTIFICATE OF SERVICE I, Steven C. Courtney, Esquire, do hereby Certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Tamera Chasan, Esquire · The Curtis Center, 4th Floor Independence.Square West Philadelphia, PA 19106 Steven C. Courmey, Esquire P.O. BOX 6280 Harrisburg, PA 17112 Document #: 184896. ! 3 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Malinda S. Meehen BKY CASE NO. 02-06571ffUW CHAPTER NO.: 13 Credit Based Asset Servicing and Securitization MOVANT, 11 U.S.C. SECTION 362 VS. Malinda S. Meehen RESPONDENT(S)/DEBTOR(S) Charles J. Dehart, III, Trustee ~ ........... _~.:.:::~:e,-,~..-.. RESPONDENT/TRUSTEE i ~- 'Offil~ ] ORDER MODIFYING AUTOMATIC ~,~[;-~~~7'~'~.~rt This cause coming to be heard on the Motion of Credit Based S~rvicing and Securitization for Relief from the Automatic Stay to Permit Possession of Mortgaged Premises occupied by Debtor in the above-captioned case, and the :Court having cOnsidered responses thereto, if any: .... AND NOW, this 19th day of l~ebrua~j2003, ORDERED AND DECREED that the Automatic Stay of all proceedings, as provided under {}362 of the Bankruptcy Reform Act of 1978 (The Code) 11, U.S.C. is modified to allow the above named Movant, its successors or assigns to take action by suit or otherwise as permitted by law, inits own name or the name of its assignee, to obtain possessiOn of said premises located at 519 Hamilton Street, Carlisle, PA 17013. FURTHER, this order shall take effect immediately without regard to the Bankamptcy Rule 4001 (a) (1). 11t~ JOhll&'i'h~ i CC: Lawrence J. Bunis, Esquire MARGOLIS EDELSTEIN Curtis Center, 4th Fl. Independence Square West Philadelphia, PA 19106 (215) 931-5815 Malinda S. Meehen, Debtor ~ 519 Hamilton Street Carlisle; PA 17013 UNITED STATES BANKRUPTCY JUDGE Charles J. Dehart, III P.O. Box 410 Hummelstown, PA 17036 Steven C. Courtney, Esquire P.O. Box 6280 Harrisburg, PA. 17112 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff VS. MAL1NDA S iV[EEHAN, ffk/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUIVIBERLAND COUNTY CIVIL DIVISION NO. 02-4882CNil 2003 State matter to be argued (i.e., plaintiff's motion for new trail, defendant's demurrer to Complaint, etc.): Motion for Summary Judgment. 2. Identify counsel who will argue case: (a) for plaintiff.' Barry Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (b) for defendant: Steven C. Courtney, Esquire Godfrey & Courtney, P.C P.O. Box 6280 Harrisburg, PA 17112 Date: I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: Wednesday~03 ~laintiff CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this /7~/~ay of July, 2003, served a true and correct copy of the Praecipe for Listing Case for Argument upon the person(s) and in the manner indicated below: Service b_v First Class Mail. Postage Prepaid. Addressed as Follows: Steven Courtney, Esquire P.O. Box 6280 Harrisburg, PA 17112 By: MARGOLIS EDELSTE1N Carol Moose D:\Carol\Cettificate of Service,wpd Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire A1torney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-390~ Attorney for Defendant CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN, f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION PETITION TO WITHDRAW APPEARANCE AND NOW, Defendant's Counsel, Steven C. Courtney, Esquire, hereby respectfully petition this Honorable Court pursuant to Pennsylvania Rule of Civil Procedure 1012(b) for leave to withdraw as counsel for Defendant and, in support thereof, aver as follows: 1. On or about November 13, 2002, Defendant retained the undersigned for purpose of preparing and filing a Chapter 13 Bankruptcy petition. 2. An Answer was prepared and filed by the undersigned relative to the mortgage foreclosure action instituted by Plaintiff. 3. A Chapter 13 Bankruptcy petition was filed on or about December 7, 2002. 4. On or about April 14, 2003 an Order was entered dismissing the Defendant's bankruptcy petition as a result of her failure to attend the required 341 meeting. 5. Due to recent events, communications have broken down between Defendant and Petitioner since the beginning of the year. Moreover, Defendant has refused to cooperate and communicate with Petitioner making Petitioner's representation unreasonably difficult. 6. Petitioner, in accordance with their ethical obligations, has performed the required legal services on behalf of Defendant. 7. Pennsylvania Rule of Civil Procedure No. 1012 provides that an attomey's appearance for a party may not be withdrawn without leave of Court unless another attorney has entered or simultaneously enters an appearance for the party and the change of the attorneys does not delay any stage of the litigation. 8. Petitioner has rendered certain legal opinions on various aspects of Defendant's case and Petitioner expressly states the attorney/client privilege and will not divulge in the context of this Petition the legal opinions which were provided to Defendant. 9. Defendant has been provided with a complete copy of her file. 10. Pennsylvania Rule of Professional Conduct 1.16 provides, in pertinent part, that a lawyer may withdraw if the cliem has rendered the representation unreasonably difficult. 11. Petitioner's representation has become unreasonably difficult because Defendant has failed to reply to Petitioner's correspondence and telephone calls and Defendant has failed to communicate with Petitioner. Petitioner has communicated to Respondent its intention of withdrawing as 12. counsel. 13. A withdrawal of counsel at this point will not delay the litigation as long as the Court inslmcts the Defendant to immediately retain other counsel. Petitioner will cooperate with any newly retained counsel in ensuring that they have the necessary documents. 14. There will be no prejudice to Defendant under the circumstances since she will have adequate time to retain new counsel to represent her. WHEREFORE, Petitioner, Steven C. Courmey, Esquire of Godfrey & Courmey respectfully requests that this Court grant its Petition for Leave to Withdraw its appearance in this action. Dated: Respectfully Submitted, GODFREY & COURTNEY, P.C. By ~? quire P.O. BOX-b'280 Harrisburg, Pennsylvania 17112 717.540.3900 VERIFICATION I, Steven Courtney, Esquire, of the law finn of Godfrey & Courtney hereby certify that I have read the foregoing document and believe it to be true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Steven C. Cou~ Date: Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorney for Defendant CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN, f/Ma/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION CERTIFICATE OF SERVICE ~ow, t~i~yo~ ~/ , ~00~, ~, Stewn ~ou~n~y, h~r~by certify that I served a copy of the within Petition To Withdraw Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Barry Kronthal, Esquire P.O. Box 932 Harrisburg, PA 17108 Malinda Meehan 519 Hamilton Street Carlisle, PA 17013 Steven Court~yey J CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MAL1NDA S. MEEHAN f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4882 CIVIL CIVIL ACTION - LAW IN RE: MOTION TO WITHDRAW AS COUNSEl, ORDER AND NOW, this /o°P day of July, 2003, a rule is issued on the all parties to show cause why the petition of Steven C. Courtney, Esquire, ought not to be granted. This role returnable twenty (20) days after service. BY THE COURT, K~( Hess, J. Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION -LAW PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant's counsel, Steven C. Courtney, Esquire and files the within Petition stating the following: 1. On or about July 80, 2003, Defendant's counsel filed a Petition to Withdraw Appearance as counsel. 2. Pursuant to the above Petition, a Rule was issued on July 18, 2003, to show cause why the Motion should not be granted. (A true and correct copy of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A"). On July 20, 2003, Plaintiff served a copy of the Rule to Show Cause on all parties. 4. As of the date of this Petition, no interested party has filed any responses to the aforesaid Rule to Show Cause. WHEREFORE, Defendant's counsel respectfully requests this Honorable Court to make its Rule absolute and enter an Order allowing Steven Courtney to withdraw as counsel for the Defendant. Respectfully submitted, GODFREY & COURTNEY, P.C. Dated: By: Steven C. Cou~y,~'gqu'n~ Attorney I~." --No. 7_4~66~ P.O. H~isb~g~A 17112 (717) 540-3900 Attorneys for Pl~nfiff CREDIT BASED ASSET SERVICiNG AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN f/k/a MAL1NDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendants AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4882 CIVIL CIVIL ACTION - LAW iN RE: MOTION TO WITHDRAW AS COUNSEL ORDER t'o~* day of July, 2003, a role is issued on the all parties to show cause why the petition of Steven C. Courtney, Esquire, ought not to be granted. This role returnable twenty (20) days after service. BY THE COURT, CERTIFICATE OF/SERVICE AND NOW, this _~_ day of ~ 2003, I, Steven C. Courtney, hereby certify that I served a copy of the within Petition to Make Rule Absolute this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Malinda Meehan 519 Hamilton Street Carlisle, PA 17013 Barry Kronthal, Esquire 3510 Trindle Road Camp Hill, PA 17011 AUG 1 5 003 Godfrey & Courtncy, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 62~0 Harrisburg, PA 17112 t717) 540-3900 CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff VS. MALINDA S. MEEHAN f/k/a/MALINDA S. RASMUSSEN and CHARLES MEEHAN or OCCUPANTS, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4882 CIVIL ACTION -LAW ORDER AND NOW, to-wit, this /f~' day of' ,q~f~,~'" , 2003, upon consideration of the Plaintiff's Petition to Withdraw as counsel for the Defendant, it is hereby ORDERED that the Petition is granted whereby Steven Courmey, Esquire is permitted to withdraw as counsel for the Defendant. BY THE COURT: ess~ ,J. MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE DENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-33'04 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 02-4882 PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Credit Based Asset Servicing and Securitization Plaintiff, and against the Defendant(s) Malinda S. Meehan, f/k/a Malinda S. Rasmussen and Charles Meehan and/or Occupants for possession of the premises 519 Hamilton Street, Carlisle, PA 17013, for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written 10 day notice of Plaintiff's intention to file a Praecipe for Entry of Default Judgment was mailed to Defendant(s), a tree and correct copy of which is attached hereto. Tamara Chasan, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. Date: ~ ~ 02o-o.3 PROTHONOT3~I(~r MARGOLIS EDELSTEIN BY: TAMARA CHASAN, ESQUIRE IDENTIFICATION NO: 74416 The Curtis Center, 4th Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 CREDIT BASED ASSET SERVICING AND SECURITIZATION MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 02-4882 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Malinda S. Meehan f/k/a Malinda S. Rasmussen or Occupants 519 Hamilton Street Carlisle, PA 17013 Date of Notice: November 1, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT JUDGMENT 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 AND DAMAGES ASSESSED 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: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (800) 990-9108 MARGOLIS EDELSTEIN TAMARA CHASAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 02-4882 PRAECIPE FOR WRIT OF POSSESSION TO THEPROTHONOTARY: Issue Writ of Possession in the above matter, for possession of (describe property): 519 Hamilton Street, Carlisle, PA 17013 ***(Please see attached legal description)*** Tamara Chasan, Esquire Attorney for Plaintiff Identification No. 74416 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 Being Known as: 519 Hamilton Street, Carlisle, PA 17013 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA CREDIT BASED ASSET SERVICiNG AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff MALiNDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CWIL DIVISION NO. 02-4882 PRAECIPE FOR WRIT OF POSSESSION TO THEPROTHONOTARY: Issue Writ of Possession in the above matter, for possession of (describe property): 519 Hamilton Street, Carlisle, PA 17013 ***(Please see attached legal description)*** Tamara Chasan, Esquire Attorney for Plaintiff Identification No. 74416 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 931-5819 Being Known as: 519 Hamilton Street, Carlisle, PA 17013 ALL THAT CERTAIN trac'~ situated in bhe Borough of Carlisle, Cumberlar~d County, Pennsylvania, as fol$ows: ON t~e north by Hamilton Street; on t~e east, by ~ now or formerly of Laura West; on U~e south ~ an alley; on the we. st by lot now or formerly of John Benc]e~, Containing 28 feet in fi.one on said Hamilton St~aet a~d exto~cling in depth 120 feet to saki eileyl and having erected thereon a two end o~e-half story frame c~,elling house, known and numbered as 519 Hamilton StreeL Being the same premises which became vested in Malinda $. Rasm~_~.en by deed from Robert H. Rasmussen and France~ .R. Rasmussen dated October 7, 1994 and recorded Octol0er 7, '1994 in Record Book 11 $, page 50. Parcel Premium Amount ~04.60. Endorsement $150.00.~/~ 519 g~'rL~Ol~ S~ SEP 12 '02 15:29 2155671717 ~GE.05 Ejectment Quiet Title COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO 02-4882 MALINDA S. MEEHAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Defendants WRIT OF POSSESSION TO THE SHERIFF OF PHILADELPHIA COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: '~* (Please see attached legal description)** (2) To satisfy the costs against MALINDA S, MEEHAN, f/kda MAL1NDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 Directed to levy upon any property of MALINDA S. MEEHAN, f/k/a MAL1NDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 You are interest therein and sell JOHN J. PETT1T, IR. Prothonotary Date: Prothonotary: By: Deputy COURT OF COMMON PLEAS NO. 02-4882 CREDIT BASED ASSET SERVICING AND SECURITIZATION 5373 West Alabama, Suite 600 Houston, TX 77056 MALINDA S. MEEIIAN, f/k/a MALINDA S. RASMUSSEN and CHARLES MEEHAN OR OCCUPANTS 519 Hamilton Street Carlisle, PA 17013 WRIT OF POSSESSION ALL THAT CERTAIN b-act situated in the Borough of Cadiste, Cumberland County, Pennsyk, ania, as follows: ON the north by Hamii[on Street; on the east by lot now ar formerly of Laura West, on the south by an alley; on the weot t~y lot now or fo~nerly of John Bendec ~ontaining 28 feet in front on said Hamilton Sb'eet extel3ding irt depth 12Q feet to sai¢l alley; and having erected ther~n a two and one-half stary flame dweltin9 house, known and numbered as 519 Hamilton $~,,et. Being the same premises which became vested in Malinda S. Rasmussen by deed from Robert H, Rasmussen and Fmnce~ A. Rasmussen dated October 7. 1994 and reco~ed OCtober 7, 1994 in Record Book 113. page Parcel ~6/20/18001061 Premium Amount ~604.60. Endorsement $150.00. 519 HAMILTON STKEET SEP 12 '02 15:29 2155671717 PRGE.05 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) ~it ~.qed ~qset ~_~-viclng And Securit izaticm 5373 West ~]_~h~na, Suite 600 Houston, Tx, 77056 VS. Mm] inda S. Meehan f/k/a Mal ~qda S. ~se~ and Charles Meehan ~r Occupants 519 H~nilton S;.~et Carlisle, Penna. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.02-4882 civil Term No. Term Costs Att'y. $ $ 124.45 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Ct.nhorl aha 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: Credit Based Asset Servicing And Securitization 5373 West glahema, Suite 600, Houston, Texas 77056 being: (Premises as follows): 519 Hamilton Street, Carl~,le, Pa.17013 Plaintiff(s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date Novomhe'r 7. 2003 (SEAL) Orri-i.q R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and , to Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy