HomeMy WebLinkAbout07-3812
GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 MELLON INDEPENDENCE CENTER
701 Market Street
PHILADELPHIA, PA 19106
(215) 627-1322
ATTnRNFV FOR PLAINTIFF
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE ON BEHALF OF
THE CERTIFICATE HOLDERS OF MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2004-
HE9, MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF EJECTMENT
Term
No.
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendants
CIVIL ACTION EJECTMENT
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 the 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 claim in the Complaint of 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
2 Liberty Avenue, Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row. Carlisle, PA 17013
717-243-9400
AVI O
LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 26 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO. REOSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE
USTED Y CUALQUIER OBIECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI LISTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION.
ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL, DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS
LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION; ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U
OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMEN' E.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215)
238-6300.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle. PA 17013
LEGAL SERVICES INC
8 Irvine Row, Carlisle, PA 17013
717-243-9400
COMPLAINT IN EJECTMENT
1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON
BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004
HE9, 7105 Corporate Drive, PTX C-35, Plano, TX 75024.
2. Defendants are SCOTT CARVER, and OCCUPANTS.
3. Plaintiff is the equitable owner of premises 1196 Newville Road, Carlisle/North
Middleton, PA 17013 a legal description of which is attached. ("Property")
4. Plaintiff became the equitable owner of the Property as a result of foreclosure and
judicial sale by the Sheriff of Cumberland County. The sheriff's sale of the property was held
on June 13, 2007.
5. Plaintiff, by virtue of the its purchase of the property, is the equitable owner of said
Property and is entitled to immediate possession' thereof. The Defendants, SCOTT CARVER
and OCCUPANTS, are occupying the Property without right, and so far as the Plaintiff is
informed, without claim of title.
6. Plaintiff has demanded possession of the Property from the said Defendants, who have
refused to deliver up possession of the same.
WHEREFORE, Plaintiff requests judgment for possession of the Property.
GOLDBECK McCAFFERTY & McKEEVER
B?-Jose h A. Gold eck, Jr., Esq.
i
r
VERIFICATION
I, Joseph A. Goldbeck, Jr. as the Attorney of the Plaintiff corporation within named do
hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff
corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements therein are made subject to
the penalties of 18 Pa. C.S. 4904 relating to unswoin falsification to authorities.
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Date:
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JsshhUAf Goldbeck, Jr.
#35414551 - SCOTT CARVER
All that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania,
bounded and described in accordance with survey made by Thomas A. Neff, Registered Surveyor, on
August 29, 1968, a Draft of which is attached hereto and incorporated herein by reference, as follow:
Beginning at a stake on the southern line of fifty (50) feet wide Pennsylvania Route 641 known as
Newville Road, which stake at the place of beginning is three thousand three hundred eighty-eight
(3.388) feet west of the center line of Legislative Route 21033, and which stake at the place of beginning
is the north-western corner of Lot No. 35 as shown on the hereinafter mentioned plan of lots now or
formerly of Lester Kotzmoyer; thence from said stake at the place of beginning along the western line of
said Lot No. 35, now or formerly of Lester Kotzmoyer, South 5 degrees west, a distance of one hundred
eight-two (182) feet to a stake on the northern line of sixteen (16) feet wide alley; thence along the
northern line of said sixteen (16) feet wide alley, north degrees west, a distance of eighty (80) feet to a
stake at the southeastern corner of land now or formerly of Earl B. Swarner, Jr.; thence along the eastern
line of said land now or formerly of Earl B. Swarner, Jr., North 5 degrees east, a distance of one hundred
eighty-two (182) feet to a stake on the southern line of fifty (50) feet wide Pennsylvania, Route 641
known as Newville Road; thence along the southern line of said Pennsylvania Route 641 known as
Newville Road, south 86 degrees east, a distance of eighty (80) feet to a stake, the place of beginning.
Containing eighty (80) feet in front along the southern line of fifty (50) feet wide Pennsylvania Route
641 known as Newville Road and extending southwardly therefrom at an even width a distance of one
hundred eighty-two (182) feet to the northern line of sixteen (16) feet wide alley, and being all of Lot
No. 36 and the eastern twenty-five (25) feet of Lot No. 37 as shown on the plan of lots known as
Westminis Manor as recorded in the hereinafter mentioned Recorder's Office in Plan Book No. 3, page
67 on which there is erected a one story brick dwelling house known as and numbered 1196 Newville
Road.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 1196 Newville. Road
Carlisle, PA 17013
SOLD as the property of SCOTT CARVER
TAX PARCEL #29-20-1790-018
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GOLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Michael T. McKeever, Esq.
Attorney I..D. #56129
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
No. 07-3812
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
MOTION FOR SUBSTITUTED SERVICE
UNDER PA.R.C.P. 430(a)
Plaintiff, by and through its attorney, Michael T. McKeever, Esq., in support of its
Motion for Substituted Service, represents as follows:
Plaintiff is the legal owner of the premises 1196 Newville Road, Carlisle/North
Middleton, PA, 17013 pursuant to a deed from the Sheriff of Cumberland County.
2. Plaintiff filed a Complaint in Ejectment on June 25, 2007.
Sheriff has been unable to effect service of the Complaint upon Defendants despite
numerous attempts and despite the fact that Plaintiffs inspection of the premises indicates it is occupied.
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
4. As this is an action for possession, further investigation is unnecessary.
Defendants have no right, title or interest in the premises, 1196 Newville Road,
Carlisle/North Middleton, PA, 17013. Plaintiff believes and therefore avers that Defendants are
deliberately avoiding service.
6. Plaintiffs inability to affect personal service upon Defendants has deprived, and
continues to deprive Plaintiff of the use and enjoyment of which it is the lawful owner.
WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to
serve the Complaint/Writ upon Defendants by posting the premises and certified and regular mail to the
Defendants' last known address.
BY: Michael T. McKeever, sq.
GOLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Michael T. McKeever, Esq.
Attorney I..D. #56129
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
VERIFICATION
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 07-3812
I, Michael T. McKeever, Esq., Attorney for Petitioner do hereby verify that the facts set forth in
the foregoing Motion for Substituted Service are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein are made subject to the penalties of 18
Pa. C.S. 4904 relating to unsworn falsification to authorities.
c
BY: Michael T. McKeever, Esq.
GOLDBECK WCAFFERTY & WKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Michael T. McKeever, Esq.
Attorney I..D. #56129
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024"
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
Term
No. 07-3812
MEMORANDUM OF LAW IN SUPPORT OF MOTION
FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a)
Plaintiff has filed a Complaint in Ejectment, against Defendants which the Sheriff has
been unable to personally serve upon Defendants. As noted in the attached Motion, Plaintiff has made a
good faith attempt to ascertain Defendants whereabouts without success. Accordingly, the Court may
approve alternative means of service. See Pa.R.C.P. 430(a).
CONCLUSION
For reasons stated above and in the attached Motion, the Court should enter an order
allowing Plaintiff to serve the Complaint in Ejectment upon Defendants by posting the premises and
certified mail and regular mail to the Defendants' last known address.
Respectfully submitted,
A V <1 , t/,r
a- A"A?,
M
ichael T. cKeever, Esq.
Affidavit of Good Faith Investigation
Client provided information:
File Number: CWD-6009 E
Attorney Firm: Goldbeck, McCafferty & McKeever
File Name: Scott Carver
Subject Name: Scott Carver
Property Address:
Street: 1196 Newville Road
City: Carlisle/North Middleton State: PA Zip: 17013
Skip Results: Date of Birth: 06/27/1970 ProVest File Number: 206342
Last Known Dates: As of 08/02/2007
Street: 1196 Newville Road Phone:
City: Carlisle State: PA Zip: 17013
Death Records: As of 08/02/2007, the Social Security Administration has no death record on file for
Scott Carver.
Social Security Number search completed.
Employment Search: Unable to verify current employer.
Creditor information:
Creditors indicated the last reported address for Scott Carver as 1196 Newville Road, Carlisle, PA
17013
Department of Motor Vehicle Records:
The Pennsylvania Department of Motor Vehicles provided no change for Scott Carver
from 1196 Newville Road, Carlisle, PA 17013
Public Licenses (Pilot, Real Estate, etc): Search performed provided no information.
Voter Registration Information :
The County Voters Registration Office has no listing for Scott Carver.
National Postal Address Search: Has no change for Scott Carver from 1196 Newville Road, Carlisle, PA
17013
Comments:
717-486-4742: Spoke with relative, Gary Carver, refused to provide any information.
717-243-3894: Called possible neighbor, Lester Kotzmoyer, answering machine answered, no
message left.
717-249-6332: Called possible neighbor, N, E, Gayman, answering machine answered, no message
left.
On 08/02/2007, I, Patti Garrett being duly sworn according to the law, deposes and says:
I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above
named subject. Above are the results of my investigation. _
Subscribed and sworn to hef a me.
Aft nt IVam Patti (aarretiJoc?ry 'Public -- --
Date: 08/02/2007
--ammulawns? -war"
40r% KIM A7 f'ESERY
=iz Notary PubNc
' STATE OF TEXAS
" WKa CoWAW"On EYp 09-12-2009
SHERIFNIS RETURN - NOT SERVED
CASE NO: 200E-03812 P .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CARVER SCOTT ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
CARVER SCOTT
unable to locate Him in his bailiwick.
COMPLAINT - EJECTMENT
but was
He therefore returns the
the within named DEFENDANT CARVER SCOTT
NOT SERVED , as to
1196 NEWVILLE ROAD
CARLISLE, PA 17013
RESIDENTS WILL NOT ANSWER DOOR,
ALTHOUGH SEEN THROUGH WINDOW BY DEPUTY.
Sheriff's Costs: So answers. _• --
Docketing 18.00
Service 14.40
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
42.40 GOLDBECK MCCAFFERTY MCKEEVER
07/20/2007
Sworn and Subscribed to before me
this day of ,
A.D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 29k7-03812 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CARVER SCOTT ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
OCCUPANTS
unable to locate Him in his bailiwick
COMPLAINT - EJECTMENT
but was
He therefore returns the
NOT SERVED , as to
the within named DEFENDANT , OCCUPANTS
1196 NEWVILLE ROAD
CARLISLE, PA 17013
NO ONE WOULD ANSWER DOOR,
ALTHOUGH SEEN THROUGH WINDOW BY DEPUTY.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
16.00 GOLDBECK MCCAFFERTY MCKEEVER
07/20/2007
Sworn and Subscribed to before me
this day of ,
A. D.
GOLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Michael T. McKeever, Esq.
Attorney I..D. #56129
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE ON BEHALF OF THE
CERTIFICATE HOLDERS OF MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2004-HE9,
MORTGAGE PASS THROUGH CERTIFICATES,
SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
IN THE COURT OF COMMON PLEAS
of Cumberland County
No. 07-3812
CERTIFICATE OF SERVICE
Michael T. McKeever, Esq., does hereby certify that true and correct copies of the foregoing
Motion for Substituted Service have been served upon the Defendants this 8TH day of August, 2007, by
first class mail, postage prepaid.
?4wi? ?1? ,_?
BY. Michael T. McKeever, Esq.
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2007-03812 P
COMMONWEALTH OF PENNSYLVANIA
` COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CARVER SCOTT ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
CARVER SCOTT
unable to locate Him in his bailiwick.
COMPLAINT - EJECTMENT
but was
He therefore returns the
the within named DEFENDANT
1196 NEWVILLE ROAD
CARVER SCOTT
NOT SERVED , as to
CARLISLE, PA 17013
RESIDENTS WILL NOT ANSWER DOOR,
ALTHOUGH SEEN THROUGH WINDOW BY DEPUTY.
Sheriff's Costs: So answers:
Docketing 18.00
Service 14.40
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
??b41b1 y 42.4 GOLDBECK MCCAFFERTY MCKEEVER
07/20/2007
Sworn and Subscribed to before me
this day of
A. D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2007-03812 P
CaMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CARVER SCOTT ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
OCCUPANTS but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
the within named DEFENDANT , OCCUPANTS
NOT SERVED , as to
1196 NEWVILLE ROAD
CARLISLE, PA 17013
NO ONE WOULD ANSWER DOOR,
ALTHOUGH SEEN THROUGH WINDOW BY DEPUTY.
Sheriff's Costs: So answers:
Docketing 6.00 ~~
Service .00 Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
00
Sjbq/m ( ,, 16.00 GOLDBECK MCCAFFERTY MCKEEVER
07/20/2007
Sworn and Subscribed to before me
this day of ,
A. D.
AUG 10 2007 h4l
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 07-3812
ORDER
AND NOW, this
Q day of A.s'o?? 2007, upon consideration of the Plaintiffs
Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good
faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is,
ORDERED and DECREED:
that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in
Ejectment upon Defendants by posting a copy of the Complaint upon the premises 1196 Newville Road,
Carlisle/North Middleton, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and
regular mail to the Defendants' last known address at 1196 Newville Road, Carlisle/North Middleton, PA,
17013, and that all further service of legal papers, including but not limited to motions, petitions and rules
be made by certified and regular mail to Defendants' last known address and that Writ of Possession
pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants by sending copies
of same to Defendants' last known address by certified and regular mail and by posting the premises.
BY THE COURT:
J.
Distribution list:
Michael T. McKeever, Esquire/ite 5000 - Mellon Independence Center, 701 Market Street,
Philadelphia, PA 19106-1532
SCOTT CARVER & OCCUPANTS, 1196 Newville Road Carlisle/North Middleton, PA 17013
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GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE ON BEHALF OF
THE CERTIFICATE HOLDERS OF
MORGAN STANLEY ABS CAPITAL I INC.
TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004
HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
EJECTMENT COMPLAINT
Plaintiff
vs.
SCOTT CARVER
& OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendant(s)
Term
No. 07-3812
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
GOLDBECK, McCAFFERTY & McKEEVER
By Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
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GOLDBECK McCAFFERTY & McKEEVER
BY: JOSM A. GOLDBECK, JR.
ATTORNEY LID. #16132
SUITE sw MELIAN INDEPENDENCE CENTER
781 1414RKET STREET
PRR ADEIBHIA, PA 19106.1532
(215) 627-1322
ATTORNEY FOR PF
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004 HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
IN THE COURT OF COMMON
PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
EJECTMENT
VS.
SCOTT CARVER
8t OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendant(s)
Term
No. 07-3812
CERTIFICATE OF SERVICE
JOSEPH A. GOLDBECK, JR ESQUIRE hereby certifies that on AU6 2 3 2W
he did serve upon Defendant(s) SCOTT CARVER and OCCUPANTS a true and correct copy of the
above-captioned Complaint by certified and regular mail in accordance with the Court Order dated
August 10, 2007. The undersigned understands that the statements herein and subject to the penalties
provided by 18 P.S. Section 4904.
Respectfully submitted,
a A J
GOLDB M AFFE4&-VFR
BW- JOSEPH A. GOLDBECK, JR. ESQUIRE
`'
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03812 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CARVER SCOTT ET AL
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
CARVER SCOTT the
DEFENDANT
at 1450:00 HOURS, on the 22nd day of August , 2007
at 1196 NEWVILLE ROAD
CARLISLE, PA 17013 by handing to
POSTED PROPERTY AT 1196 NEWVILLE ROAD CARLISLE
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.80
Posting 6.00
Surcharge 10.00
.00
3 8. 8 0
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
08/23/2007
GOLDBECK
By:
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 200703812 P
66MMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CARVER SCOTT ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
OCCUPANTS the
DEFENDANT , at 1450:00 HOURS, on the 22nd day of August 2007
at 1196 NEWVILLE ROAD
CARLISLE, PA 17013 by handing to
POSTED PROPERTY AT 1196 NEWVILLE ROAD CARLISLE
a true and attested copy of COMPLAINT - EJECTMENT together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Posting 6.00
Surcharge 10.00
.00
?/ 22.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
08/23/2007
GOLD13ECK MCCAFFF,RTY ACKEEVER
By:
Deputy Sherif
A. D.
A
GOLDBECK MCCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6319
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendants
PRAECIPE FOR JUDGMENT IN EJECTMENT
Term
No. 07-3812
Kindly enter Judgment in Ejectment in favor of the Plaintiff, DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH CERTIFICATES,
SERIES 2004 HE9 and against the Defendants SCOTT CARVER and OCCUPANTS for failure to file an
Answer in the above action within (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 Defendants, a true and correct copy
of which is attached hereto.
I hereby certify that the above names are correct and that the precise residence address of the
judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF
OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9,
MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 HE9, 7105 Corporate Drive, PTX C-35,
Plano, TX 75024 and that the names and last known address of the Defendants are SCOTT CARVER and
OCCUPANTS 1196 Newville Road, Carlisle/North Middleton, PA 17013.
0, 4v A ? 5; 4 ?;V'x 4/4-/
cCAFFERTY cKE
-- TVfV-
Y: Joseph A. Goldbeck, Jr.
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF EJECTMENT
. •
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6319
for Plaintiff
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendants
IN THE COURT OF COMMON
PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF EJECTMENT
Term
No. 07-3812
CERTIFICATION PURSUANT TO PA RC.P. NO. 237
I, Joseph A. Goldbeck, Esquire, attorney for Plaintiff, certify that a true and correct copy of the
Praecipe for Judgment was sent to the following parties, via first class mail, postage prepaid:
SCOTT CARVER
OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
GOLDBECK McCAFFERTY & McKEEVER
BY-
seA . Goldbeck, Jr., sq. ?- -
Attorney for Plaintiff
DATED: September 25, 2007
GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D.#16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF
MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9,
MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004
HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendants
DATE OF THIS NOTICE: September 13, 2007
TO: SCOTT CARVER
1196 Newville Road
Carlisle/North Middleton, PA 17013
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF EJECTMENT
Term
No. 07-3812
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
A .
GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF
MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-HE9,
MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004
HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF EJECTMENT
Term
No. 07-3812
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendants
DATE OF THIS NOTICE: September 13, 2007
TO: OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
w , sa
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff corporation within named do hereby
verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that
the facts set forth in the foregoing verification of Non-Military Service are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities.
1. That the above named Defendant, SCOTT CARVER, is about unknown years of age,
that Defendant's last known residence is 1196 Newville Road Carlisle/North Middleton, PA 17013,
and is engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of
Congress of 1940 and its Amendments.
Date: 0.7 , 1/1
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C.P. 109 - P Praecipe for Writ of Possession
(ACTION OF EJECTMENT)
THE COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
07-3812
vs.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
Defendants
PRAECIPE FOR WRIT POSSESSION
TO THE PROTHONOTARY:
Issue the Writ of Possession in the above matter, for possession of 11% Newville Road Carlisle/North Middleton. PA
17013 (describe property)
SEE ATTACHED LEGAL DESCRIPTION
Ejectment
Quiet Title
A.
5 - 116 (Rev. 10/76)
FFERTY a Mc E ,R
OL ECK, ?Goldbeck
BY: Joseph A. , Jr.Attorney for Plaintiff
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$ °
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is
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160-3165)
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
COURT OF COMMON PLEAS
Term
No. 07-3812
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
To the Sheriff of Cumberland County, Pennsylvania.
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004 HE9, Plaintiff, being: (Premises as follows): 1196 Newville
Road Carlisle/North Middleton, PA 17013
(2) To satisfy the costs against the defendants you are directed to levy upon any property
of the defendants and sell his, her or their interest therein.
&4s: $.945.170 PD AT Y
11441i P- (JN4
oo bur- Co P othonotary, Court of Co on Pleas
Cumberland County
By:
Deputy
to Ica Dated:
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gyvirtuepfthi?ywntonthe 18tlaayof October 2007
named t? e u t s c ri e 13 an k I caused the within
to have possession of the remises described vb?EW
??_L196 Newville Road, Carlisle, PA
So An,
Sworn and subscribed to before me thisC ?
Day of -
Sheriff
By
Sheri`ff's Retbrn:
Docketing:
Surcharge:
Prothy
Poundage
Possession
Milage
18.00
20.00
2.00
1.50
30.00
4.80
76.30 ,, C?,
Advance Costs: 150.00
Sheriff's Costs: 76.30
Refunded to Atty on 10/19/07
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146
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160-3165)
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2004-HE9, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES 2004 HE9
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
VS.
SCOTT CARVER
and OCCUPANTS
1196 Newville Road
Carlisle/North Middleton, PA 17013
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
To the Sheriff of Cumberland County, Pennsylvania.
COURT OF COMMON PLEAS
Term
No. 07-3812
WRIT OF POSSESSION
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2004-HE9, MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004 HE9, Plaintiff, being: (Premises as follows): 1196 Newville
Road Carlisle/North Middleton, PA 17013
(2) To satisfy the costs against the defendants you are directed to levy upon any property
of the defendants and sell his, her or their interest therein.
Coef5, $ olgS.?o PD ATTY 0, q
,A. oo Due; CO othonotary, Court of C on Pleas
Cumberland County
By:
Deputy
Dated: 9 .V, 07