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HomeMy WebLinkAbout03-2926Stephen D. Tiley, Esquire Frey and Tiley Attorneys for the Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court No. 32318 Tel.: 717-243-5838 Fax.: 717-243-6441 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, : (Internal Revenue Service), : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND · COUNTY, PENNSYLVANIA NO. 2003- .~-~5~C CIVIL ACTION TO QUIET TITLE 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 Bar Association 32 South Bedford Street Carlisle, pennsylvania 17013 Telephone: (717) 249-3t66 1-800-990.9108 Higgins and Pickens vs. Long Beach Mortgage Company, et. a/. Complaint - Action to Quiet Title - Notice Page 1 of 2 Higgins and Pickens vs, Long Beach Mortgage Company, et. al. Comp)aint - Action to Quiet Title - Notice Page 2 of 2 Stephen D. Tiley, Esquire Frey and Tiley Attomeys for the Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants Supmme Court No. 32318 TeL: 717-243-5838 Fax.: 717-243-6441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- .2 ~.z ~. CIVIL ACTION TO QUIET TITLE COMPLAINT - ACTION TO QUIET TITLE AND NOW, comes Michael J. Higgins and Lynne D. Pickens, Plaintiffs, by their attorneys, Frey and Tiley, and file this Complaint - Action to Quiet Title, of which the following is a statement: 1. Plaintiffs are Michael J. Higgins and Lynne D. Pickens, husband and wife, of 332 Warm Springs Road, Landisburg, PA 17040. 2. Defendant Long Beach Mortgage Company is a corporation organized under the laws of the State of Delaware, of both or either of the following two addresses: ~1100 Town & Country Road Orange, CA 92868 or Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Complaint- Action to Quiet Title Page 1 of 8 P.O, Box 11490 Santa Ana, CA 92711 3. Defendant The Chase Manhattan Bank is a corporation organized under the laws of the State of Delaware, of both or either of the following two addresses: 450 West 33~ Street, 14t~ Floor New York, New York, 10001-2697 or cio Frank L. Majczan, Esquire 3644 Route 378, Suite "E" Bethlehem, PA 18015 4. Defendant Washington Mutual is an unknown entity, of both or either of the following two addresses: P.O. Box 1900 Northridge, CA 91328-1900 or 19900 Plummet Street N180104 Chatsworth, CA 19311 5. Defendant LERETA is an unknown entity of 1123 South Parkview Drive, Covina, CA 91724, Attn.: Mr. Frank Masongson. 6. Defendant United States of America is a governmental entity having an address relevant to these proceedings of: Internal Revenue Service, Pittsburgh Office, Room 808, 1000 Liberty Ave., Pittsburgh, PA 15222-9974. 7. This Quiet Title Action concerns the land and improvements situate in Cumberland County, Pennsylvania, known as Tax Parcel No. 04-22-0483-072, also known as 515 South Pitt Street, Carlisle, Pennsylvania 17013, and more particulaHy described as follows: Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Complaint- Action to Quiet Title Page 2 of 8 ALL THOSE TWO CERTAIN lots of ground situate on the East aide of South Pitt Street in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: LOT NO, '1: BEGINNING at a point on the eastern building line of South Pitt Street, said point being lf6.2 feet South of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers, et al; thence through the center of said partition, South 83 degrees 47 minutes East 1 '10 feet to the western line of a ten-foot public alley; thence along said line, South 6 degrees '13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partition, North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street; thence along said line, North 6 degrees '13 minutes East 16 feet to the Place of BEGINNING. SAID lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street, and being attached on the North and South to Nos. 513 and 517 South Pitt Street, respectively. LOT NO. 2: BEGINNING at a point on the eastern side of the aforesaid public alley, said point being 128.83 feet South of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers, et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formedy of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line, North 6 degrees f3 minutes East 15 feet to the Place of BEGINNING. SAID lot having a frontage' on said alley of 15 feet and extending at an even width 70 feet to the land now or formedy of meals' Estate, and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT, HOWEVER, to such easements, restrictions, and conditions that may apply to the afore-described tract of )and, recorded or unrecorded. The said real estate and improvements are referred to herein as the "Property." 2001. The Property was sold as the property of Chase Manhattan Bank. acquired title to the Property by virtue of a Tax Claim Bureau Deed dated November 19, 2001, and recorded December 6, 2001, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania (hereinafter the "Recorder's Office") in Deed Book 249, Page 2511. A reduced Plaintiff purchased the Property at a tax sale on September 27, Plaintiff Higgins and Pickens vs. Long Beach Mortgage Company, eL a/. Complaint - Action to Quiet Title Page 3 of 8 copy of said deed is attached hereto, marked Exhibit "A," and is incorporated herein as if fully set forth herein. 9. Defendant Long Beach Mortgage Company had acquired a mortgage on the Property by instrument from Gary O. Wardecker dated December 11, 1998 and recorded December 14, 1998 in the Recorder's Office in Mortgage Book 1505, Page 757, which mortgage is incorporated herein by reference thereto pursuant to Pa. R.C.P, 1019(g). 10. The said mortgage was thereafter assigned to Defendant The Chase Manhattan Bank by instrument dated December 16, 1998 and recorded April 24, 2000, in the Recorder's Office, in Miscellaneous Record Book 642, Page 1020, which assignment is incorporated herein by reference thereto pursuant to Pa. R.C.P. 1019(g). 11. Long Beach Mortgage Corporation, servicer for The Chase Manhattan Bank filed a Complaint in mortgage foreclosure to No. 2000-2529 Civil Term, in the above captioned Court. The proceedings in that mortgage foreclosure are incorporated herein by reference thereto pursuant to Pa. R.C.P. 1019(g). 12. As a result of such foreclosure action there was a Sheriffs sale of the Property on January 10, 2001 at which the Chase Manhattan Bank was the successful bidder and as a result of which Defendant The Chase Manhattan Bank acquired title to the Property by Sheriff's Deed dated January 17, 2001 and recorded January 18, 2001 in the Recorder's Office in Deed Book 237, Page 1142. A reduced copy of said Sheriff's deed is attached hereto, marked Exhibit "B," and is incorporated herein as if fully set forth herein. The mortgage referred to at paragraph 9 of this Complaint was discharged, and its lien was extinguished, by the said mortgage foreclosure action. HiggJns and Pickens vs, Long Beach Mortgage Company, et. al. Complaint- Action to Quiet Title Page 4 of 8 13. Any interest in the Property which Defendant Long Beach Mortgage Company or Defendant The Chase Manhattan Bank had was extinguished by the September 27, 2001 tax sale, the Court proceedings confirming that sale, and the deed to the Plaintiffs attached hereto as Exhibit "A." 14. Defendant Washington Mutual is a defendant in this action as it contacted the Tax Claim Bureau after the tax sale, and therefore Plaintiffs believe, and therefore aver, that it may have had an interest in the Property. Any interest in the Property which Defendant Washington Mutual had was extinguished by the September 27, 2001 tax sale, the Court proceedings confirming that sale, and the deed to the Plaintiffs attached hereto as Exhibit "A." 15. Defendant LERETA is a defendant in this action as it contacted the Tax Claim Bureau after the tax sale, and therefore Plaintiffs believe, and therefore aver, that it may have had an interest in the Property, Any interest in the Property which Defendant LERETA had was extinguished by the September 27, 2001 tax sale, the Court proceedings confirming that sale, and the deed to the Plaintiffs attached hereto as Exhibit "A." 16. Defendant United States of America is a defendant in this action as it held an Internal Revenue Service lien on the Property, when it was owned by Gary O. Wardecker. The said lien was filed in the Office of the Prothonotary, Cumberland County, Pennsylvania, on September 8, 2000, to Number 00-6157 FTL, which lien is incorporated herein by reference thereto pursuant to Pa. R.C.P. 1019(g). Any interest in the Property which Defendant United States of America had was extinguished by above described mortgage foreclosure action, resulting in the Sheriff's deed attached hereto as Exhibit "B.' 17. None of the Defendants are in actual physical possession of the Property. Plaintiff has taken actual 'physical possession and control of the Property, although Plaintiff does not reside there or continuously occupy the Higgins and Pickens vs, Long Beach Mortgage Company, et. a/. Complaint - Action to Quiet Title Page 5 of 8 Property. Plaintiff has changed the Hocks at the Property and renovated the Property. The Property is a residential structure which Plaintiff has rented to third parties. 18. The within action is authorized by Pa. R.C.P. 1061(b). WHEREFORE, Plaintiff prays Your Honorable Court for an Order: (a) Declaring that any lien or interest of Defendants Long Beach Mortgage Company, The Chase Manhattan Bank, Washington Mutual, and LERETA in the Property was extinguished by the September 27, 2001 tax sale and forever barring them from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757, or on the basis of the Sheriff's Deed recorded in Cumberland County Deed Book 237, Page 1142, or on any other basis predating this Complaint. (b) Directing the Cumberland County Recorder of Deeds to mark the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757 satisfied of record. (c) Declaring that any lien or interest of Defendant United States of America in the Property was extinguished by the Sheriff's sale of the Property and forever barring~it from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Federal Tax Lien filed to Number 00-6157 FTL, in the Office of the Prothonotary, Cumberland County, Pennsylvania, or on any other basis predating this Complaint. Higgins and Pickens vs, Long Beach Mortgage Company, et. al, Complaint - Action to Quiet Title Page 6 of 8 (d) Directing the Cumberland County Prothonotary to mark the the Federal Tax Lien filed to Number 00-6157 FTL satisfied of record. (e) Entering a Final Judgment that the Tax Claim Bureau Deed to Plaintiffs Cumberland Deed Book 249, Page 2511 is valid. (f) proper. Dated ~?.~., Such other and further relief as the Court may deem just and Respectfully submitted, By /Stephen D. Tiley, Esquire Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Higgins and Pickens vs, Long Beach Mortgage Company, et, a/. Complaint - Action to Quiet Title Page 7 of 8 UPSET PRICE SALE Bureau Dee 515 B. P~t Street House. ~o~ .06 ~ pemel no, 04-22-0483-073 Owner or reputed owner u returr~d to ~ld ]1~4~ Manhaffan Bank c/o Long Beach Mo~lgaga Co. 110 Town & Cou~ Road 20.....Ri between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, M chael J. Higgins and Lynne D. Picken~ ORAHTOR, and ............................................................................................................... ~.~, that in conslderatlo, of ~....~:~:~..... in hand ~id, receipt whereo~ is . their~ hereby acknowledged, the said Ora~tor does hereby ~aat ~ convey unto thc ~l~ Grantee, ....~......~ heJrz and azs~s, the certain premises situate i. ............................ ~ste.~b ....................... ~.....~ S~ App~nd~ A for ~g~ Descmp~ ~ the ,a,n. of ...... .~f .............................. Anno Domiai two ~housand and .......... 9fl9. .................. after due advertisement according to law, the period of redemptioo for th~ payment of ta~ claims having expired without the pro~rty having been redeemed, or any tax judgements heretofore having of th~ within described property having been entered into, or the within described real estate no )onger remaining in possession of a sequestrator, by Upset Price Sale. under and by v~rtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), D/rector the day and year first above wr/tten, TAX CLAIM BUREAU OF Si~ned, Sealed a,d Delivered CUMBERLAND COUNTY, PENNSYLVANIA, in the presence ut: TRUSTEE COM,%IONWI':AI.TH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jamb L He~y fl~strument and acknowledged that he executed the same ~ '~tt~.~.~ ~$ted and ~or the pur- poses therein contained. / -~'~ ~li.',..~~ '/I Parcel No, 04-22-0483-0?2 AI~ those two cert-in lots of ground a/tlmte on the east side of South Pitt Street in the Third Ward of the Borough of Carlisle, Cumberland County, Pemnsylvania, bounded and dceewibed as follows; LOT NO, 1: BEGINI~II~G at a point on the eastern btfilding line of South Pitt Street, ~aid point being 116.2 feet south of the southern Imilding line of Wiliow Street and being in the center of part/tlon between the property herein conveyed and the property ~ow or formerly of Seibert A. Myers, et al; thence through the center of sidd partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line, South 6 degrees 13 minutes West 16 feet to the center of part/fion bet'ween the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through t_ke center of ~ald parlition, North 83 degrees 47 m~nutes West 110 feet to the eastern btl/ldfllg line of South Pitt Street; thence ~lon~ s~id l/ne, North 6 degrees 13 minutes East 16 feet W the place of BENINNI~N. Said lot being improved with a two and one*h-lf story frame house known as No, 515 South Pitt S~rect, and being attached on the north and south to Nos. 513 and 517 South Pitt Street, respectively. LOT I~O. 2:' B~INNINO at a point on the eastern ~ide of the a~orceaid public alley, ~/d point bek~ 128.83 feet south of the southern buflc~,~g line of Wliow Street and being at the southwestern corner of a lot owned now or formerly by Se/bert A. Myers, et al; thence South 83 de~rees 47 m~nutes East 70 feet to the land now or formerly of Meals' Estate; thence South 5 deErees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H. Boisvert and wife; thence along asme, North 83 degrees 47 mlm2tes West 70 feet to the eastern line of -~/d alley; thence along said line, North 6 degrees 13 mlm~tes East 15 feet to the place Of BEGINNING. Said lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or foirmerly of Meals' Estate, and being located southeastwardiy from the rear of Lot No. 1 herein. 8~, HOwi~'VRR, to such easements, restrictions, and conditions that muy apply to the a/ore-deecribed tract of ~1, recorded or unrecorded. nEI~G THI~ ~ PRF, MIBE8 which R. Thomas Kline, Sheriff of Cumberland County, Pennsylwni~ granted and conveyed to The Chime Mar~hattan Bank by deed dated January 10, 2001 and recorded in the office of the Recorder of Deeds, Cumberland County, Pe~,nsylvania in Deed i~ook 237, Page 1142. B00 £4V County P,A Title!' Chase ~nh~tt;~n Tm~tt~#1 Sca~e: I inch = lg feet ]File: Untitled Date: Title: Chaee ~nh~t~al~ SCale: I inch = l0 feet IF/lc: Untitled 1/'27101 REALTY TRANSFER TAX STATEMENT OF VALUE RECORDER'$ USE ONLY Complete each sectlor~ and file in duplicate with Recorder af Deeds when (t) the full value)consideration is not set forth in the deed, (2) when the deed Is without consideration, or by gift, or 13) a tax exemption is daimed. A Statement of V~ue I* not required if the transfer is wholly exempt fram tax ba~ed on: IT) family relationship or (2~ public ut~l/ty ememext. If mare spa~e f* needed, attach addflionat sheet(s). Meliss~ Mixell ~ C~, I 7t 7 ) ~r)'~3o~ PA 17013 · 87 . etreetAddre~ Iynn I'~ Plrk~n~ 332 Warm ~prft'~ Rr~d .Zip Code Lafldisburg, PA 17040 + 0.00 = $8,400.00 5. Common Level Ratio Feeler 6. ~air MuPKet Value Check Appropriate Box h|ow for Exemption Claimed [] Transfer to thdustricd gevldopment Agency. [] Transfer to a trust. (Affach complete copy of trust agreement identifying all benefldaries.) [] Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) [] Transfen to the Cammonweahh, the United States and instrumentalities by gift, dedication, condemnation ar in lleu of condemnation. (If condemnation or in lleu of condemnation, attach copy of resolution.) [] Tree,er from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number_ [] Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or canf~rmed.~ .~ Statutory corporate consolidation, merger or dJvJsJo~n. IAttach copy of articles.) [] Other (Please explain exemption daimed, if other than listed above.) 240 Under penaltlms of law, I declare shat I have examh~ed thi~ Statement, including accempem/tng Information, and to Ihe IMst of my Imowiedge and belief, tt J~ true, coKect and complete. ~ E~UM TON~ UL IN THE RECORDER S ~FUSAL RECORD THE DEED. Know all Men by these Presents RIALTY TRANSPIR TAX ceabe~,~m e, .~,.v,~ STATEMENT OF VALUE 3~4 R~TE 378, SUITE E 6ETHLEHEH PA. )8015 B T~N~ER DATA ~M ~,~ ~ S~R~FF ~ C~BERLANO COUNTY T~ CHA~ ~NHATT~ ON[ C~RT HOUS6 SQUARE 11~ TOWN & COUNTY C~LI~E PA 17013 ~E CA 92~6 SHERIFF'S RETURN CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LONG BEACH MORTGAGE COMPAIqY , by United States Certified Mail postage prepaid, on the 24th day of June ,2003 at 0000:00 HOURS, at 1100 TOWN & COUNTRY ROAD OR3LNGE, CA 92868 , and attested copy of the attached COMPLAINT -QUIET TITLE with receipt card was signed by SIGNATURE ILLEGIBLE 06/30/2003 Additional Comments: a true Together The returned on Sheriff's Costs: Docketing 18.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 33.11 Paid by FREY & TILEY Sworn and subscribed to before me this ~ ~ day of ~l~" ~a3 A.D. R. Thomas Kline Sheriff of Cumberland County on 07/21/2003 ~ ~' SHERIFF'S RETURN - U.S. CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LONG BEACH MORTGAGE COMPANY , by United States Certified Mail postage prepaid, on the 24th day of June ,2003 at 0000:00 HOURS, at PO BOX 11490 SANTA ANA, CA 92711 , and attested copy of the attached COMPLAINT -QUIET TITLE with receipt card was signed by 00/00/0000 Additional Comments: RETURNED TO SHERIFF STANPED "UN]DELIVERABLE AS ADDRESSED FORWARDING ORDER EXPIRED." Additional Comments Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 a true Together The returned on R. Thomas Kline Sheriff of Cumberland County Paid by FREY & TILEY Sworn and subscribed to before me this ~-" day of O~ ~L~ A.D. notary on 07/21/2003 SHERIFF'S RETURN CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVA/qIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT prepaid, on the 24th day of 450 WEST 33RD STREET NEW YORK, NY 10001-2697 , and attested copy of the attached COMPLAINT -QUIET TITLE with , Sheriff of Curaberland who being duly sworn according to law served the ,CHASE MANHATTAN BANK THE , by United States Certified Mail postage June ,2003 at 0000:00 HOURS, at 14TH FLOOR receipt card was signed by PAULETTE WILSON 07/07/2003 Additional Comments: a true Together The returned on Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 Paid by FREY & TILEY Sworn and subscribed to before me this ~ day of ~ ~3 A.D. ~othonotary ; So~ers.~__~ / _~ Sheriff of Cumberland County on 07/21/2003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS LONG BEACH MORTGAGE COMPANY ET R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , CHASE MANHATTAN BANK THE but was unable to locate Them in his bailiwick. deputized the sheriff of NORTHAMPTON County, serve the within COMPLAINT -QUIET TITLE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On July 21st , 2003 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Northampton 52.00 .00 77.00 07/21/2003 FREY 7 TILEY So answe.rs :/~.~ J/~/~ Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of A.D. Prothonotary 'In The Court of Common Pleas of Cumberland County, Pennsylvania Michael J. Hie§ins et al VS. Long Beach Mortgage Ccmpany SERVE: The Chase Manhattan Bank 03-2926 c/o Frank L. Majczan No. ]qow, June 23, 2003 hereby deputize the Sheriff of Northampton deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Now, / within /at.)~,/~t~' -~, Affidavit of Service ,200 ~, at/tO~ Z o'clock__ by handing to a copy of the original and made known to So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff'of Nortb/~r~h County, PA SERVICE $ MILEAGE AFFIDAVIT ORDER FOR' SERVICE REQUEST TO BE COMPLETED BY THE REQUESTING ATI'ORNEY All information from the attorney must be filled-in before service can be made. 2. Prepare a separate Order for Service form for each defendant to be served by the Sheriff. 3. When comoleting location for service, be certain to have a valid address or directions. Do not use P.O. Boxes or 1LD. - ADDRESSES ONLY. Provide the townshin, if annlicable. 4. When a Deputy Sheriff levys or attaches property, he or she will leave the property without a watchman and in custody of whomever is found in possession, after notifying the person the property is under a Sheriff's levy. The Sheriffor Deputy is not liable in any way for protecting property, 5. Service will be executed in accordance'with Rule 402 and Title 231, Pennsylvania Rules of Civil Procedure. 6. The attorney must certify all copies of process. 7. Supply a self-addressed stamped envelope for return of service. PLAINTIFF: DEFENDANT: MICHAEL J. HIGGINS ET AL LONG BEACH MORTGAGE COMPANY SERVE UPON: THE CHASE MANHKITAN BANK TYPE OP WRIT: NOTICE mmv Cot~fPLAimt - ACTION TO QUIET TITLE ArpoRNE¥ (NAME, AODRESS, P~ONB) LOCATION: c/o FRANK L. MAJCZAN, ESQ. 3644 ROUTE 378 SUITE E BETHLEHEM, PA 18015 A'FrORNEY SIGNATURE: DOCKET NUMBER: INDIVIDUAL SERVED: LOCATION: (IF DIFFERENT FROM ABOVE'f Served in the following manner: t~.~ t~fendant personally served ( ) Adult family member with whom said defendant resides ) Adult in charge of defendant's residence ) Manager/Clerk of place of lodging in which defendant resides ) Agent or person in charge of defendant's office or usual place of business ) Officer of said defendant company ) Posted property ) Levy on property FOR PROTHONOTARY USE ONLY I LAST DAY FOR SERVICE: FEES PAID: ~.~ ~ 52.00 RETURN OF SERVICE (to be completed by Sheriff) DATE: TIME: ( ) BOROUGI~I OF: ( ) CITY OF,~ TOWNSHIP OF: ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown (Comments) SO ANSWERS: JEFFREY K HAWBECKER SHERIFF OF NORTHAMPTON COUNTY BY: I accept service of the authorized to do so. I hereby deputize the Sheriff of County, To execute and make a return on the above and attached action according to law. Badge # Sheriff of Northampton County ACCEPTANCE OF SERVICE Date onbehalfof and certify that I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) SHERIFF'S RETURN - U.S. CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAi~D HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT prepaid, on the 24th day of PO BOX 1900 NORTHRIDGE, CA 91328-1900 and attested copy of the attached COMPLAINT -QUIET TITLE with , Sheriff of Cumberland who being duly sworn according to law served the ,WASHINGTON MUTUAL , by United States Certified Mail postage June ,2003 at 0000:00 HOURS, at receipt card was signed by KENT C FIETS~4 06/30/2003 Additional Comments: , a true Together The returned on Sheriff's Costs: Docketing 6 Service 5 Affidavit Surcharge 10 21 00 11 00 00 00 11 Paid by FREY & TILEY Sworn and subscr~ed to before me this 6~ day of~ ~..~ A.D. R. Thomas Klihe Sheriff of Cumberland County on 07/21/2003 · Complete items 1, 2, and 3. Also oomplete item 4 if Re~td~ed Delivery is de,ired. · Print your neme ~ address on the reverse so the! we can return the card to you. · Attach this card to the back of the mailpteca, or on the front if space permits. Washington Mutual PO Box 1900 Northridge, CA 91328-1900 3. Se*vice Typ~ ~ Ce~lified MaIi r-I Express Mail ~ Registered i-~ Return Recetpt for Merchandise I~ Insure~3 Mail i'-I C.O,D. 4. Reetr'~ted Delivery? (Extra Fee) ~"'~ 2 7002 2410 0007 8504 6587 PS Form 3811, August 2001 Domestic Return Receipt 03-2926 civil SHERIFF'S RETURN - U.S. CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,WASHINGTON MUTUAL , prepaid, on the 24th day of June ,2003 19900 PLI/MMER STREET N180104 CHATSWORTH, CA 91311 and attested copy of the attached COMPLAINT -QUIET TITLE with receipt card was signed by ORTIZ 06/30/2003 Additional Comments: by United States Certified Mail postage at 0000:00 HOURS, at The , a true Together returned on Sheriff's Costs: Docketing 6 Service 5 Affidavit Surcharge 10 21 00 11 00 00 00 11 Paid by FREY & TILEY Sworn and subscribed to before me this ¢~ day of _=~D_~_A. D. / othonotary Sheriff of Cumberland County on 07/21/2003 SHERIFF!~ETURN - U.S. CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA/~D HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LERETA , prepaid, on the 24th day of June ,2003 at 0000:00 HOURS, ATTN: MR FRANK MASONGSON 1123 SOUTH PARKVIEW DRIVE COVINA, CA 91724 and attested copy of the attached COMPLAINT -QUIET TITLE with receipt card was signed by E. 06/27/2003 Additional Comments: by United States Certified Mail postage at , a true Together The returned LOPEZ on Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 Paid by FREY & TILEY Sworn and subscribed to before me this L~ day of ~ ~ A.D. I~r6thonot ary So answers: ~. Thomas Kline Sheriff of Cumberland County on 07/21/2003 · ~e items 1, 2, and 3. Also c~ptete item 4 if Restricted Delive~j is de~ired. ~ can return the card to you. ~ card to the back of the mailpiece, 1123 South ParkvieW Drive C~W~ ~ CA 91724 Ps Form 3811, August 2001 r'3No 0007 8504 Dorneat~c Return ~ 0 In~ M~ 0 C,O.D. 4, ~ ~l~ ~ ~) ~y~ 6600 03-2926 civil SHERIFF'S RETURN CASE NO: 2003-02926 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS LONG BEACH MORTGAGE COMPANY ET - OUT OF COIINTY Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE but was unable to locate Them in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT -QUIET TITLE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On July 21st , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 78.O0 07/21/2003 FREY & TILEY Sworn and subscribed to before me this L~ day of ~ A.D. Prothon~t&ry this office was in receipt of the So answ~w~2f~ j/ ~-~ R.z Thomas Kline Sheriff of Cumberland County -In The Court of Common Pleas of Cumberland County, Pennsylvania ~icha~l J. Higgins et alys. ' ' ~C~'(~ Long Beach ~ortgage O:mpany SERVE: T~e Unlt~d Srd[~-J~ ~iCaNo' 03-2926 In~o~ R~enue ~ice J~e , I, S~FF OF C~E~ CO~Y, PA, do ~Now, 23, 2005 hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sherfffof Cumberland CounW, PA Affidavit of Service within upon /~(~//.~~ iY handing to and made known to ,2t~Q~ , at. ii ~o'clock F~'~Vl. served the copy /~~'~ the contents ~ereof. Sworn and subscribed before me this day of JUl 1,4207.003 Notarial Seal Sheila R. O'Brien, Notary Public City of Pittsburgh, Allegheny County 1 My Comnfission Expires Sune 19, 2004[ Member, Pennsylvania Association ot Notaries SERVICE MILEAGE AFFIDAVIT Stephen D. Tiley, Esquire Frey and Tiley Attorneys for the Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants Supreme Court No. 32318 Tel.: 717-243-5838 Fax.: 717-243-6441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2926 CIVIL ACTION TO QUIET TITLE ORDER AND NOW, this ~-"~' day of ~.,~ ,2003, upon Motion for Final Judgment - Action to Quiet Title filed by the Plaintiffs, and concerning the following property: ALL THOSE TWO CERTAIN lots of ground situate on the East side of South Pitt Street in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: LOT NO. 1: BEGINNING at a point on the eastern building line of South Pitt Street, said point being 116.2 feet South of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers, et al; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line, South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partition, North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street; thence along said line, North 6 degrees 13 minutes East 16 feet to the Place of BEGINNING. Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Order Page 1 of 3 SAID lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street, and being attached on the North and South to Nos. 513 and 517 South Pitt Street, respectively. LOT NO. 2: BEGINNING at a point on the eastern side of the aforesaid public alley, said point being 128.83 feet South of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers, et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastern line of said alley; thence along said line, North 6 degrees 13 minutes East 15 feet to the Place of BEGINNING. SAID lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of meals' Estate, and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT, HOWEVER, to such easements, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unrecorded. (The said real estate and improvements are referred to herein as the "Property.") It is hereby ORDERED that: (a) Any lien or interest of Defendants Long Beach Mortgage Company, The Chase Manhattan Bank, Washington Mutual, and LERETA in the Property was extinguished by the September 27, 2001 tax sale and they are forever barred from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757, or on the basis of the Sheriffs Deed recorded in Cumberland County Deed Book 237, Page 1142, or on any other basis predating the Complaint in this Action; (b) The Cumberland County Recorder of Deeds shall mark the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757 satisfied of record; Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Order Page 2 of 3 (c) Any lien or interest of Defendant United States of America (Internal Revenue Service) in the Property was extinguished by the Sheriffs sale of the Property on January 10, 2001 and it is forever barred from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Federal Tax Lien filed to Number 00-6157 FTL, in the Office of the Prothonotary, Cumberland County, Pennsylvania, or on any other basis predating the Complaint in this Action; (d) The Cumberland County Prothonotary shall mark the Federal Tax Lien filed to Number 00-6157 FTL satisfied of record; (e) The Tax Claim Bureau Deed to Plaintiffs Cumberland Deed Book 249, Page 2511 is valid; and (f) Defendants shall bring an action in ejectment within thirty (30) days from the entry of this Order or be forever barred from asserting a claim or interest in or to the Property, or any part thereof. BY THE COURT, Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Order Page 3 of 3 Stephen D. Tiley, Esquire Frey and Tiley Attorneys for the Plaintiffs 5 South Hanover Street Carlisle. Pennsylvania 17013 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants IN THE CC PLEAS OF COUNTY, NO. 2003-; ACTION T( Supreme Court NQ 32318 MOTION FOR FINAL JUDGMENT - ACTION TO QUIET TITLE AND NOW, comes Michael J. Higgins and Lynne D. Pickens, Plaintiffs, by their attorneys, Frey and Tiley, and file this Motion for Final Judgment - Action to Quiet Title, of which the following is a statement: 1. Movants are the Plaintiffs, Michael J. Higgins and Lynne D. Pickens, husband and wife, of 332 Warm Springs Road, Landisburg, PA 17040. 2. Movants filed the within Action to Quiet Title on June 20, 2003. Pa. R.C.P. 1066(a)provides, interafia.: "The court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer..." Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Motion for Final Judgment - Action to Quiet Title Page 1 of 5 4. The Complaint, containing a notice to defend, was served upon each of the Defendants. For Defendants for which the Complaint listed alternate addresses, the Complaint and notice were served at either one or both of the alternate addresses. Attached as Exhibit "^" is an affidavit of counsel for the Plaintiffs/Movants and a copy of the Sheriff's returns received by said counsel. 5. All Defendants received service of a Complaint with notice to defend by July 7, 2003. 6. On August 13, 2003 counsel for Plaintiffs/Movants mailed to each Defendant a Memorandum Re Notice of Intent to Take Default Judgment and a Notice of Intention to File Default Judgment. Attached as Exhibit "B" is an affidavit of counsel for the Plaintiffs/Movants and a copy of the form of notices sent by said counsel. 7. None of the Defendants has filed an answer, or any other pleading, in the within action. 8. Counsel for Plaintiff/Movants has not been contacted by any of the Defendants except as follows: (a) (b) Telephone call from Attorney Majczan, Jr., as memorialized by letter from him dated July 3, 2003, a copy of which is attached as Exhibit "C." Attorney Majczan was served as counsel for Chase Manhattan Bank. That Defendant was separately served at its corporate address in New York, New York. Telephone calls from a paralegal for Washington Mutual indicating first that they would file an answer to the Complaint, but then that they would not file an answer as it was LERETA who had failed to pay the taxes, resulting in the loss of the property at tax sale to the Plaintiffs, and that LERETA had recently paid Washington Mutual in full, and therefore Washington Mutual had no interest in the matter. LERETA was separately served in this Action. In any event, counsel for Plaintiffs advised the said paralegal, in each telephone Higgins and Pickens vs. Long Beach Mortgage Company, et. aL Motion for Final Judgment - Action to Quiet Title Page 2 of 5 conversation, that a default judgement would be taken if no answer or other responsive pleading was filed. 9. Pa. R.C.P. 1066(b) provides, inter alia.: (b) (1) (2) (3) (4) (Note omitted.) Upon granting relief to the plaintiff, the court shall order that the defendant be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the plaintiff set forth in the complaint, unless the defendant takes such action as the order directs within thirty days thereafter. If such action is not taken within the thirty-day period, the prothonotary on praecipe of the plaintiff shall enter final judgment; shall enter a final judgment that a document, obligation or deed affecting a right, lien, rifle or interest in the land is cancelled or is valid, invalid or discharged or that a copy of a lost plan, document, obligation or deed is an authentic copy; shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any document, obligation or deed necessary to make the decree effective; or shall enter any other order necessary for the granting of proper relief. 10. This action concerns the following real property: ALL THOSE TWO CERTAIN lots of ground situate on the East side of South Pitt Street in the Third Ward of The Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: LOT NO. '1: BEGINNING at a point on the eastern building line of South Pitt Street, said point being 116.2 feet South of the southern building line of Willow Street and being in the center of partition between the property heroin conveyed and the property now or formerly of Seibert A. Myers, et al; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line, South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partition, North 83 degroes 47 minutes West 110 feet to the eastern building line of South Pitt Street; Higgins and Pickens vs. Long Beach Mortgage Company, et. aL Motion for Final Judgment - Action to Quiet Title Page 3 of 5 thence along said line, North 6 degrees 13 minutes East 16 feet to the Place of BEGINNING. SAID lot being improved with a two and one-half story frame house known as No. 515 South Pitt Street, and being attached on the North and South to Nos. 513 and 517 South Pitt Street, respectively. LOT NO. 2: BEGINNING at a point on the eastern side of the aforesaid public atley, said point being 128.83 feet South of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers, et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to ttie eastern line of said alley; thence along said line, North 6 degrees 13 minutes East 15 feet to the Place of BEGINNING. SAID lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of meals' Estate, and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT, HOWEVER, to such easements, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unrecorded. The said real estate and improvements are referred to herein as the "Property." WHEREFORE, Plaintiff prays Your Honorable Court for an Order: (a) Declaring that any lien or interest of Defendants Long Beach Mortgage Company, The Chase Manhattan Bank, Washington Mutual, and LERETA in the Property was extinguished by the September 27, 2001 tax sale and forever barring them from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757, or on the basis of the SherifFs Deed recorded in Cumberland County Deed Book 237, Page 1142, or on any other basis predating the Complaint. (b) Directing the Cumberland County Recorder of Deeds to mark the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757 satisfied of record. Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Motion for Final Judgment- Action to Quiet Title Page 4 of 5 (c) Declaring that any lien or interest of Defendant United States of America (Internal Revenue Service) in the Property was extinguished by the Sheriff's sale of the Property on January 10, 2001 and forever barring it from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Federal Tax Lien filed to Number 00-6157 FTL, in the Office of the Prothonotary, Cumberland County, Pennsylvania, or on any other basis predating the Complaint. (d) Directing the Cumberland County Prothonotary to mark the Federal Tax Lien filed to Number 00-6157 FTL satisfied of record. (e) Entering a Final Judgment that the Tax Claim Bureau Deed to Plaintiffs Cumberland Deed Book 249, Page 2511 is valid. (f) Requiring Defendants to bring an action in ejectment within thirty (30) days from the entry of the Court's Order or be forever barred from asserting a claim or interest in or to the Property, or any part thereof: (g) Such other and further relief as the Court may deem just and proper. Dated: Respectfully submitted, /Stel~hen D. Tiley, Esqui e Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Higgins and Pickens vs. Long Beach Mortgage Company, et, aL Motion for Final Judgment - Action to Quiet Title Page 5 of 5 MICHAEL J. HIGGINS, and : LYNNE D. PICKENS : Plaintiffs : : VS, -' : LONG BEACH MORTGAGE : COMPANY, : : THE CHASE MANHATTAN BANK, : : WASHINGTON MUTUAL, : : LERTA, and : : THE UNITED STATES OF AMERICA, : (Internal Revenue Service), : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2926 CIVIL ACTION TO QUIET TITLE AFFIDAVIT CONCERNING SERVICE THE UNDERSIGNED, Stephen D. Tiley, Esquire, counsel for the Plaintiffs in the above captioned action, states as follows: 1. Each of the Defendants in the above captioned action was served with a Complaint containing a notice to defend by the Cumberland County Sheriff's Office, or by others deputized by the Cumberland County Sheriff's Office; and 2. Attached hereto are true and correct copies of the Sheriff's Returns mailed to the undersigned by the Cumberland County Sheriff's Office. I verify that the statements made in this 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. {}4904 relating to unsworn falsification to authorities. iley, Esquire Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Affidavit Concerning Service Page 1 of I SHERIFF'S RETURf~ - U'.S. CASE NO: 2003-02926 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LONG BEACH MORTGAGE COMPANY , prepaid, 1100 TOWN & COUNTRY ROAD ORANGE, CA 92868 and attested copy of the with by United States Certified Mail postage on the 24th day of June ,2003 at 0000:00 HOURS, at attached COMPLAINT -QUIET TITLE receipt card was signed by SIGNATURE ILLEGIBLE 06/30/2003 Additional Comments: , a true Together The returned on Sheriff's Costs: Docketing 18.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 33.11 Paid by FREY & TILEY Sworn and subscribed to before me this day of A.D. Prothonotary R. Thomas Kline Sheriff of Cumberland County on 07/21/2003 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver, is desired. I~ Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Long Beach Mortgage Ccr~pany 1100 Town & Country Road Orange, CA 92868 7002 2410 0007 8504 PS Form 3811, August 2001 ~ s~lNery,addr~d~t~rnitem 17 ?-I 'Fee If YES, enter dellve~ a~'ess below: ~ No 3. Service Type r-] Registered [] Return Receipt for Merchandise [] Insured Mail [-1 C.O.D. 4. Restricted Delivery? (Extra Fee) r"l Yes 6556 03-2926 civil Domestic Return Receipt 102595*02-M-1035 SHERIFF'S RETUR~ - U[S. CASE NO: 2003-02926 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LONG BEACH MORTGAGE COMPANY , prepaid, on the 24th day of June PO BOX 11490 SANTA ANA, CA 92711 and attested copy of the attached COMPLAINT with receipt card was signed by 00/00/0000 Additional Comments: RETURNED TO SHERIFF STAMPED FORWARDING ORDER EXPIRED." Additional Comments Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 by United States Certified Mail postage ,2003 at 0000:00 HOURS, at -QUIET TITLE "UNDELIVERABLE AS ~DDRESSED · a true Together The returned on So answers: // / ~ ~ R. Thomas Kline Sheriff of Cumberland County Paid by FREY & TILEY Sworn and subscribed to before me this day of A.D. on 07/21/2003 Prothonotary SHERIFF'S RETUP~ - U'.S. CASE NO: 2003-02926 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,CHASE MANHATTAN BANK THE , prepaid, on the 24th day of June ,2003 450 WEST 33RD STREET 14TH FLOOR NEW YORK, NY 10001-2697 and attested copy of the attached COMPLAINT with by United States Certified Mail postage at 0000:00 HOURS, at receipt card was signed by PAULETTE WILSON 07/07/2003 Additional Comments: -QUIET TITLE , a true Together The returned on Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 Paid by FREY & TILEY Sworn and subscribed to before me this day of A.D. Prothonotary So answers: ~ /.~ ~ R. Thomas Kline ' Sheriff of Cumberland County on 07/21/2003 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. m~ Print your name and address on the reverse · so that we can return the card to you, · Attach this card to the back of the rnailpJece, or on the front if space permits. 1. Article Addressed to: The Chase Manhattan Bank 450 West 33rd Street 14th Floor New York, NY 10001-2697 7002 2410 0007 PS Fotm 3811, ^ugust 2001 A. Signature 0 Agent [~ .Addressee D. Is del~e~ ~~m ~ 17 0 Yes if YES, d 'ye addm Iow: 8504 6570 E~3mestic Return Receipt 03-2926 civil 102595-02-M~1035 SHERIFF'S RETURN i OUT OF COUNTY CASE NO: 2003-02926 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS LONG BEACH MORTGAGE COMPANY ET R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT CHASE MAN~ATTANBANK THE but was unable to locate Them in his bailiwick. deputized the sheriff of NORTHAMPTON County, serve the within COMPLAINT -QUIET TITLE Sheriff or Deputy Sheriff who being a diligent search and · to wit: He therefore Pennsylvania, to On July attached return from NORTHAMPTON 21st , 2003 , this office was in receipt of the Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Northampton 52.00 .00 77.00 07/21/2003 FREY 7 TILEY Sworn and subscribed to before me this day of A.D. So answers: R. Thomas Kline Sheriff of Cumberland County Prothonotary ORDER FOK SERVICE REQUEST TO BE COMPLETED BY THE REQUESTING ATTORNEY 1. Ail information from the attorney must be filled-in before service can be made. 2. Prepare a separate Order for Service form for each defendant to be served by the Sheriff. 3. When comnletimt location for service, be certain to have a valid address or directions. Do not use P.O. Boxes or R.D. - ADDRESSES ONLY. Provide the townshio, if al}plicable. 4. When a Deputy Sheriff levys or attaches property, he or she will leave the property without a watchman and in custody of whomever is found in possession, after notifying the person the property is under a Sheriff's levy. The Sheriff or Deputy is not liable in any way for protecting property. 5. Service will be executed in accordance.with Rule 402 and Title 231, Pennsylvania Rules of Civil Procedure. 6. The attorney must certify all copies of process. 7. Supply a self-addressed staroped envelope for return of service. PLAINTIFF: DEFENDANT: SERVE UPON: MICHAEL J. HIGGINS ET AL LONG BEACH MORTGAGE COMPANY THE CHASE MANIqATrAN BAi~ TYPE OF WRIT: NUIiCE AND o)MPLAIIwi - ACfION TO QUIET TITLE ATTORNEY (NAME, ADDRESS. PHONE) LOCATION: c/o FRANK L. MAJCZAN~ ESQ. 3644 ROUTE 378 SUITE E BETHI.k~, PA 18015 ATTORNEY SIGNATURE: DOCKET NUMBER: INDIVIDUAL SERVED: LOCATION: (IF DIFFERENT FR~M/~B-ovL'~' Served in the following manner: (~) A~fendant personally served ult family member with whom said defendant resides ) Adult in charge of defendant's residence ) Manager/Clerk of place of lodging in which defendant resides ) Agent or person in charge of defendant's office or usual place of business ) Officer of said defendant company ) Posted property ) Levy on property FOR PROTHONOTARY USE ONLY I LASTDAY FOR SERVICE: I FEES PAID: ('~r..'-- ~-- 52.00 RETURN OF SERVICE (To ~ completed by Sheriff} DATE: { TIME: ( ) BOROUGI4 OF: ( ) CITY OE~nf~ TOWNSHIP OF: ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown (Commenm) SO ANSWERS: JEFFREY K HAWBECKER SHERIFF OF NORTHAMPTON COUNTY I accept service of the authorized to do so. I hereby deputize the Sheriffof County, To execute and make a return on the above and attached action according to law. Badge # Sheriff of Northampton County ACCEPTANCE OF SERVICE Date on behalf of and certify that [ am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA lg042-TZ183 (610) 559-308g (610) 559-3781 (REAL ESTATE) In The Court of Cnmmon Pleas of. Cumberla' -1 County, PennsylVania Michael .J. Higg~ns et al VS. Long Beach Mortgage Cu~pany SERVE: The Chase Manhattan Bank 03-2926 c/o Frank L. Majczan No. Now, June 23, 2003 hereby deputize the Sheriff of Northampton deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now, / within ,,/~;~r~' -~- ,200 9, at/oJ~/- o'clock __ by handing to M. served the a copy of the original and made lmown to the contents thereof. So answers, Sworn and subscribed before me this day of ,20__ SERVICE $ MILEAGE AFFIDAVIT SHERIFF ' S P..ETUR2~ - CASE NO: 2003-02926 _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI~tND HIGGINS MICHAEL dr ET AL VS. LONG BEACH MORTGAGE COMPANY ET U:S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,WASHINGTON MUTUAL , prepaid, on the 24th day of June PO BOX 1900 NORTHRIDGE, CA 91328-1900 and attested copy of the attached COMPLAINT -QUIET TITLE with ,2003 at 0000:00 HOURS by United States Certified Mail postage at receipt card was signed by KENT C FIETS~4 06/30/2003 Additional Comments: a true Together The returned on Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 5.11 .00 10.00 .00 21.11 Paid by FREY & TILEY Sworn and subscribed to before me this day of A.D. Prothonotary So ans~er~ ~/~ R. Thomas Kline Sheriff of Cumberland County on 07/21/2003 · Complete items 1, 2, and 3. A~so complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Washington Mutual ~O Box 1900 Northridge, CA 91328-1900 ~ 7002 2410 0007 PS Form 3811, August 2001 A. Signature · i"l Age x KENT C. FJETSAM ~ ~. if YES, enter daiivery address below: [~/No 3. Service Type ~ Certified Mail [~ Express Mail [] Registered [2] Return Receipt for Merchandise [] Insured Mai[ [] C.O.D. 4. Restricted Delivery? (Extra Fee) 8504 6587 03-2926 civil Qornssti¢ Return Receipt ~0Z595-Oa-M-10S5 SHERIFF'S RETUFiW - CASE NO: 2003-02926 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,WASHINGTON MUTUAL , prepaid, on the 24th day of June ,2003 19900 PLUMMER STREET N180104 CHATSWORTH, CA 91311 and attested copy of the attached COMPLAINT with receipt card was signed by ORTIZ 06/30/2003 Additional Comments: by United States Certified Mail postage at 0000:00 HOURS, at -QUIET TITLE · a true Together The returned on Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 Paid by FREY & TILEY Sworn and subscribed this day of A.D. Prothonotary to before me ~~So answers: ~ R. Thomas Kline Sheriff of Cumberland County on 07/21/2003 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Washington Mutual 19900 Pl~ner Street N180104 Chatswo~'~, CA ].9311 7002 2410 0007 PS Form 3811, August 2001 ~: A. Signature ~i Addressee B. Received by ( Printed Narne) D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 8504 6594 03-2926 civil Domestic Return Receipt 102~95-02-M-10~5 SHERIFF'S RETURN - U.S. CASE NO: 2003-029261[ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI2~ND HIGGINS MICHAEL J ET AL VS. LONG BEACH MORTGAGE COMPANY ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LERETA , prepaid, on the 24th day of June ,2003 at 0000:00 HOURS, ATTN: MR FRANK MASONGSON I123 SOUTH P~_RKXzIEW DRIVE COVINA, CA 91724 and attested copy of the attached COMPLAINT -QUIET TITLE with receipt card was signed by E. 06/27/2003 Additional Comments: by United States Certified Mail postage at , a true Together The returned LOPEZ on Sheriff's Costs: Docketing 6.00 Service 5.11 Affidavit .00 Surcharge 10.00 .00 21.11 Paid by FREY & TILEY Sworn and subscribed to before me this day of A.D. Prothonotary So answ~e~: ,~j ~/ 3~ /R. Thomas Kline Sheriff of Cumberland County on 07/21/2003 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS, LONG BEACH MORTGAGE COMPANY, THECHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2926 CIVIL ACTION TO QUIET TITLE AFFIDAVIT CONCERNING NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT THE UNDERSIGNED, Stephen D. Tiley, Esquire, counsel for the Plaintiffs in the above captioned action, states as follows: 1. He mailed to each of the Defendants in the above captioned action a Memorandum Re Notice of Intent to Take Default Judgment and a Notice of Intention to File Default Judgment to their address(s) as set forth in the Complaint on August 13, 2003; and 2. Attached hereto is true and correct copy of the form of notices mailed. I verify that the statements made in this 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. {}4904 relating to unsworn falsification to authorities. Date: Stephen D. Tiley, Esquire Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Affidavit Concerning Notice of Intent to Take Default Judgment Page 1 of 1 FREY & TILEY ATTORNEYS -AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013-3385 Telephone: (717) 243-5838 Facsimile: (717) 243-6441 Of Counsel: ROBERT M. FREY STEPHEN D. TILEY ROBERT G, FREY MEMORANDUM TO: Long Beach Mortgage Company The Chase Manhattan Bank Washington Mutual Lerta The United States of America (Internal Revenue Service FROM: Stephen D. Tiley, Esquire DATE: August 13, 2003 RE: Notice of Intent to Take Default Jud.~lment Dear SidMadam: You are hereby notified that the Plaintiff in the Action to Quiet Title filed against you, to No. 2003;2926 in the Court of Common Please of Cumberland County, Pennsylvania, intends to take a default judgment against you for failure to file an Answer to the Complaint in the said action. If you fail to file an Answer, or other responsive pleading, within 10 days of the date of this notice, A Praecipe will be filed to enter judgment against you. Sincerely yours, Stephen D. Tiley SDT/tl Stephen D. Tiley, Esquire Fray and Tiley Attorneys for the Plaintiffs 5 South Hanover Street Carlisle, Pennsyrvania 17013 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants Supreme Court No. 32318 Tel.: 717-243-5838 Fax.: 717-243-6441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL ACTION TO QUIET TITLE NOTICE OF INTENTION TO FILE DEFAULT JUDGMENT I. You are hereby notified that the Plaintiff in the Action to Quiet Title filed against you, to No. 2003-2926 in the Court of Common Pleas of Cumberland County, Pennsylvania, intends to take a default judgment against you for failure to f'de an Answer to the Complaint in the said action. If you fail to file an Answer, or other responsive pleading, within 10 days of the date of this notice, A Praecipe will be filed to enter judgment against you. 2. To Defendant Long Beach Mortgage Company of both or either of the following two addresses: 1100 Town & Country Road Orange, CA 92868 or P.O. Box 11490 Santa Ana, CA 92711 3. To Defendant The Chase Manhattan Bank, of both or either of the following two addresses: Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Notice of Intention to File Default Judgment Page 1 of 2 450 West 33r~ Street, 14~h Floor New York, New York, 10001-2697 or c/o Frank L. Majczan, Esquire 3644 Route 378, Suite "E" Bethlehem, PA 18015 4. To Defendant Washington Mutual, of both or either of the following two addresses: P.O. Box 1900 Northridge, CA 91328-1900 or 19900 Plummet Street N180104 Chatsworth, CA 19311 5. To Defendant LERETA of 1123 South Parkview Drive, Covina, CA 91724, Attn.: Mr. Frank Masongson. 6. To Defendant United States of America, Internal Revenue Service, Pittsburgh Office, Room 808, 1000 Liberty Ave., Pittsburgh, PA 15222-9974. 7. This Notice is given pursuant to Pennsylvania Rule of Civil Procedure 237.1. NOTICE IS HEREBY GIVEN AS STATED ABOVE. Dated: Ster3her~ D. Tiley, Esquire Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Higgins and Pickens vs. Long Beach Modgage Company, et. al. Notice of Intention to File Default Judgment Page 2 of 2 /~~~,~ · ~r 'N~OrYR "~ ~INV~_-I 's~no~ ~ 'aLU ~oe),uoo ol e~e~!saq ),ou op eSeald 'p~el~eJ s!q), u! suop, senb ,~ue e^eq no,~ plnoqs ',{lUO sasod~nd leuop, eLU~OjU! ~oJ ~,U!eld~uoo Jno~ p,e/vuoj ~eLU I ,,,oq~ o~,{~ed a~,e!Jdo,dde eq~ u!e~eose o), ~Jo~je/ue^e e~leLu I1!~ ~,nq ~,U!eldu~oo ~no~ o~, I)u!peeld ~^!suods~J e cig )ou I1!~ I gOO~ 'g ,~lnr o~1 e~ed MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2926 CIVIL ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Court's Order of August 27, 2003 upon each of the Defendants named at paragraphs 2 through 6 of the Complaint: (a) By providing to the Prothonotary, upon filing the Motion for Final Judgment - Action To Quiet Title with its proposed Order, regular United States mail, postage pre-paid, envelopes addressed to each of the addresses listed at paragraphs 2 through 6 of the Complaint. The return address on the envelopes was the law firm for the undersigned and only the envelope to Long Beach Mortgage Company, P.O. Box 11490, Santa Aha, CA 92711 was returned. (b) By mailing on September 2, 2003 the Memorandum attached hereto as Exhibit "A" and a copy of the Court's Order of August 27, 2003, by regular United States mail, postage pre-paid, to each of the addresses listed at paragraphs 2 through 6 of the Complaint. The return address on the envelopes was the law firm for the undersigned and only the envelope to Long Beach Mortgage Company, P.O. Box 11490, Santa Ana, CA 92711 was returned. (c) Upon receipt of the September 9, 2003 letter from JP Morgan Chase Bank which included a copy of the Court's Order of August 27, 2003, a copy of which is attached hereto as Exhibit "B," a reply letter was sent on September 17, 2003, together with the enclosures mentioned in the letter. A copy of the reply letter, without its enclosures, is attached hereto as Exhibit "C." The reply letter of Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Certificate of Service Page 1 of 2 September 17, 2003 (together with its enclosures) was sent regular United States mail, postage pre-paid, to the address set forth on the letter and was not returned to the undersigned. Date: September 30, 2003 ley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 ^ttorney I.D.#32318 Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Certificate of Service Page 2 of 2 FREY & TILEY ATTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013-3385 FILE Telephone: (717) 243-5838 Facsimile: (717) 243-6441 Of Counsel: ROBERT M. FREY STEPHEN D. TILEY ROBERT G. FREY MEMORANDUM TO: Long Beach Mortgage Company The Chase Manhattan Bank Washington Mutual Lerta The United States of America (Internal Revenue Service) FROM: Stephen D. Tiley, Esquire DATE: September 2, 2003 RE: Order of Court Quiet Title Action No. 2003-2926 Civil Cumberland County, Pennsylvania Dear Sir/Madam: By now you should have received a copy of the Court Order dated August 27, 2003 by means of envelopes which I provided to the Court when I requested the Order. Enclosed please find another copy of that Order dated August 27, 2003. Note that Paragraph (f) of that Order requires an Action in Ejectment within 30 days of the date of that Order or you will be forever barred from asserting any claim or interest in the Property. Stephen D. Tiley SDT/tl Enclosure cc: Mr. and Mrs. Michael J. Higgins JPMorgan Sep 09,2003 JPMorgan Chase Bank 4 New York Plaza, 6th Floor New York, NY 10004 Fax: 212.623.5932 MML Control # 3358 Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 USA. Case No: Property Address: Court Notice / Pleading Michael J. Higgins and Lynne D. Pikens vs Long Beach Mortgage et al 20032926 Lot 1 and 2 Carlisle PA To Whom It May Concern: Enclosed please find the document or pleading described above;. Such document or pleading does not contain sufficient information for JPMorgan Chase Bank, successor by merger to The Chase Manhattan Bank, to determine the basis for its interest in this matter. In order for the bank to properly address the issue(s) raised, PLEASE RE-SUBMIT THE ENCLOSED ITEM, by mail or fax, along with a copy of this letter, and one of the following: - Copy of assignment of mortgage / deed of trust; - Title search; or - Similar document indicating the basis of the bank's interest. If no further information is available, you may remm the enclosed item to the my attention with an indication as such. Ideally the requested documemation would contain language similar to the following; "The Chase Manhattan Bank as Trustee for XYZ Mortgage Pass-Through Securities, Series 1998-2". We appreciate your assistance and should you have any questions regarding this request, please contact me at (212)623-5240. Sincerely, JPMorgan Chase Bank, as Trustee (formerly The Chase Manhattan Bank) By: Paul Savitsky encl. Stephen D¢,Tiley, Esquire Frey and Tiley Attorneys for the Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, (Internal Revenue Service), Defendants Supreme Coud No. 32318 Tel.: 717-243-5838 Fax.: 717-243-6441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2926 CIVIL ACTION TO QUIET TITLE ORDER AND NOW, this 27 E" day of ~ ,2003, upon Motion for Final Judgment-Action to Quiet Title filed by the Plaintiffs, and concerning the following property: ALL THOSE TWO CERTAIN lots of ground aituate on the East side of South Pitt Street in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: LOT NO. 1: BEGINNING at a point on the eastern building line of South Pitt Street, said point being 116.2 feet South of the southern building line of Willow Street and being in the center of partition between the property herein conveyed and the property now or formerly of Seibert A. Myers, et al; thence through the center of said partition, South 83 degrees 47 minutes East 110 feet to the western line of a ten-foot public alley; thence along said line, South 6 degrees 13 minutes West 16 feet to the center of partition between the property herein conveyed and the property now or formerly of Warren H. Boisvert and wife; thence through the center of said partition, North 83 degrees 47 minutes West 110 feet to the eastern building line of South Pitt Street; thence along said line, North 6 degrees 13 minutes East 16 feet to the Place of BEGINNING. Higgins Order and Pickens vs. Long Beach Mortgage Company, et. al. Page 1 of 3 SAID lot being improved with a two and one-half sloB, frame house known as No. 515 South Pitt Street, and being attached on the North and South to Nos. 513 and 517 South Pitt Street, respectively. LOT NO. 2: BEGINNING at a point on the eastern side of the aforesaid public alley, said point being 128.83 feet South of the southern building line of Willow Street and being at the southwestern corner of a lot owned now or formerly by Seibert A. Myers, et al; thence South 83 degrees 47 minutes East 70 feet to the land now or formerly of Meals' Estate; thence South 6 degrees 13 minutes West 15 feet along said lands to the line of lot owned now or formerly of Warren H. Boisvert and wife; thence along same, North 83 degrees 47 minutes West 70 feet to the eastem line of said alley; thence along said line, North 6 degrees 13 minutes East 15 feet to the Place of BEGINNING. SAID lot having a frontage on said alley of 15 feet and extending at an even width 70 feet to the land now or formerly of meals' Estate, and being located southeastwardly from the rear of Lot No. 1 herein. SUBJECT, HOWEVER, to such easements, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unrecorded. The said real estate and improvements are referred to herein as the "Property,") It is hereby ORDERED that: (a) Any lien or interest of Defendants Long Beach Mortgage Company, The Chase Manhattan Bank, Washington Mutual, and LERETA in the Property was extinguished by the September 27, 2001 tax sale and they are forever barred from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757, or on the basis of the Sheriffs Deed recorded in Cumberland County Deed Book: 237, Page 1142, or on any other basis predating the Complaint in this Action; (b) The Cumberland County Recorder of Deeds shall mark the Mortgage recorded in Cumberland County Mortgage Book 1505, Page 757 satisfied of record; Higgins and Pickens vs. Long Beach Mortgage Company, eL al. Order Page 2 of 3 (c) Any lien or interest of Defendant United States of America (Internal Revenue Service) in the Property was extinguished by the Sheriff's sale of the Property on January 10, 2001 and it is forever barred from asserting any right, lien, title, or interest in the Property inconsistent with the interest of the Plaintiffs, on the basis of the Federal Tax Lien filed to Number 00-6157 FTL, in the Office of the Prothonotary, Cumberland County, Pennsylvania, or on any other basis predating the Complaint in this Action; (d) The Cumberland County Prothonotary shall mark the Federal Tax Lien filed to Number 00-6157 FTL satisfied Of record;: (e) The Tax Claim Bureau Deed to Plaintiffs Cumberland Deed Book 249, Page 2511 is valid; and (f) Defendants shall bring an action in ejectment within thirty (30) days from the entry of this Order or be forever barred from asserting a claim or interest in or to the Property, or any part thereof. BY THE COURT, tRUE OOPy FROM RECORD I,., *ri;~tlrln~y whereof, I hera un~o set my ~d ~no Beach Mortgage Company, et. al. der - Page 3 of 3 OjpMorgan JPMorgan Chase Bank 4 New York Ptaza New York, NY 10004-2697 FREY & TILEY AI-I'ORN EYS-AT- LAW 5 SOUTH HANOVER STREET CARLISLE. PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL STEPHEN D. TILEY ROBERT G. FREY TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 September 17, 2003 JP Morgan Chase Bank 4 New York Plaza, 6m Floor New York, NY 10004 Attn.: Mr. Paul Savitsky Re: Higgins and Pickens vs. Long Beach Mortgage, et. al. Cumberland County, PA No. 2003-2926 Action to Quiet Title Dear Mr. Savitsky: Your letter of September 9, 2003, which is returned to you along with the return to you of the certified copy of the Court's order of August 27, 2003 asks a bit much of an adverse party. Nevertheless, as a courtesy, you will find enclosed a copy of the Complaint - Action to Quiet Title together with its Notice on the front thereof, which was filed in this action on June 20, 2003, and which you previously received service of. You have already had the Order of August 27, 2003 entered against you. If you fail to take action a further final judgment will be entered against you pursuant to sub-paragraph (f) of the August 27, 2003 Order. Sincer.ely yours, Stephen D. Tiley SDT/tl Enclosures CC: Mr. Michael J. Higgins Ms. Lynne D. Pickens Stephen D. Tiley, Esquire Frey and Tiley Attomeys for the Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 MICHAEL J. HIGGINS, and LYNNE D. PICKENS Plaintiffs VS. LONG BEACH MORTGAGE COMPANY, THE CHASE MANHATTAN BANK, WASHINGTON MUTUAL, LERTA, and THE UNITED STATES OF AMERICA, : (Internal Revenue Service), : Defendants : Supreme Court No. 32318 Tel.: 717-243-5838 Fax.: 717-243-6441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2926 CIVIL ACTION TO QUIET TITLE PR/ECIPE TO THE PROTHONOTARY, All Defendants having failed to respond, or otherwise bring an action in ejectment as required by the Court's Order of August 27, 2003, pursuant to Pa. R.C.P. 1066, and pursuant to said Order, please enter final judgment in favor of the Plaintiffs and against all Defendants. Dated:.~'~/~/~~ ~/ ,:,~p,~__~ Respectfully submitted, Stephen D. Tiley, Esquire Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Higgins and Pickens vs. Long Beach Mortgage Company, et. al. Praecipe for Final Judgment Page 1 of 1 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS J. HILBERT, Plaintiff YVONNE K. HILBERT, Defendant No. 2004 - 2926 CIVIL ACTION - LAW (In Divorce) ACCEPTANCE OF SERVICE I, Yvonne K. Hiblert, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on June 24, 2004. Dated: ~ %2,.7- O/-// By: ~,~'g~"'~° ,,t'. /'(-~d'c~'J ~rvonne K. Hilbert, Defendant 907 Chester Street, Apt. D Enola, Pennsylvania 17025 JUN ~ 9 2004.