HomeMy WebLinkAbout08-1625Stephen M. Hladik, Esquire
Attorney I.D. No. 66287
Gregory W. Fox, Esquire
Attorney I.D. No. 200846
Kerns, Pearlstine, Onorato & Hladik, LLP
425 W. Main Street
P.O. Box 29
Lansdale, PA 19446-0029
(215) 855-9521
ARLINGTON LOAN SERVICING, LLC,
4 State Road, #520
Media, PA 19063,
Plaintiff,
V. '
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife,
former record owners of the real property at
302 Valley Street,
Summerdale, PA 17093,
Defendants.
NOTICE
ATTORNEY FOR PLAINTIFF
COURT IOF COMMON PLEAS
CUMBERLAND COUNTY
NO: C4 - ) c. 2 S Cc, j -T--L-
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 HE 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, 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 LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
NOTICIA
LE HAN DEMANDADO A USTED EN L
QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPL
SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE P
FECHA DE LADEMANDA Y LA NOTIFICACION. USTI
APARIENCIAESCRITA O EN PERSONA O POR ABOG
CORTE ENFORMA ESCRITA SUS DEFENSAS O ?
DEMANDAS ENCONTRA DE SU PERSONA. SEA AVIS
DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEL
CONTRA USTED SINPREVIO AVISO O NOTIFICAC
QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICIOr
PUEDE PERDER DINERO OSUS PROPIEDADES
IMPORTANTES PARA USTED.
CORTE. SI USTED
;STAS EN LAS PAGINAS
AZO AL PARTIR DE LA
) DEBE PRESENTAR UNA
DO Y ARCHIVAR EN LA
1S OBJECIONES A LAS
DO QUE SI USTED NO SE
ENTRAR UNA ORDEN
)N Y POR CUALQUIER
DE DEMANDA. USTED
O OTROS DERECHOS
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENEABOGADO O SI NO TIENE EL DINERO SUF$CIENTE DE PAGAR TAL
SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA' AVERIGUAR DONDE SE
PUEDECONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Stephen M. Hladik, Esquire
Attorney I.D. No. 66287
Gregory W. Fox, Esquire
Attorney I.D. No. 200846
Kerns, Pearlstine, Onorato & Hladik, LLP
425 W. Main Street
P.O. Box 29
Lansdale, PA 19446-0029
(215) 855-9521
ARLINGTON LOAN SERVICING, LLC,
4 State Road, #520 ;
Media, PA 19063,
Plaint
V. '
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife,
former record owners of the real property at
302 Valley Street,
Summerdale, PA 17093,
Defendants.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 0 g, / 6.2 J Cum
COMPLAINT TO QUIET TITLE
Plaintiff, Arlington Loan Servicing, LLC ("Plaintiff'), by and through its
undersigned counsel, hereby submits this Complaint to quiet title with regard to the certain
real property described below. Plaintiff seeks (i) an order conclusively determining its
rights, title and interest in the subject land, and (ii) the discharge of any document or
obligation affecting the title or interest in the land described bellow.
PARTIES
1. The Plaintiff, Arlington Loan Servicing, LLC ("Plaintiff'), a Pennsylvania
limited liability company, has an address located at 4 State Road, #520, Media, PA 19063.
2. Defendants Michael L. Matson and Melanie B. Matson (collectively,
"Defendants") are the prior record owners of the property which is the subject of this Quiet
Title action, 302 Valley Street, East Pennsboro Township, S?ummerdale, PA 17093 (the
"Property").
BACKGROUND
3. Plaintiff purchased the Property at the Cumberland County Sheriffs sale on
March 5, 2008, pursuant to an in rem mortgage foreclosure judgment entered in the case of
National City Mortgage, a Division of City Bank of Indiana V. Michael L. Matson, docket
number 07-2952 Civil Term.
i
4. Prior to the sale, the plaintiff in the underlying mortgage foreclosure action
fully complied with each and every statutory provision of the Pennsylvania Rules of Civil
Procedure governing mortgage foreclosure actions.
5. Plaintiff brings this action in quiet title for purposes obtaining final orders to
confirm clear title in Plaintiff s name.
6. The legal and procedure authority pursuant to (which Plaintiff has filed this
action to quiet title is found in Pa. R.C.P. No. 1061(b)(4) which provides that: "[t]he action
may be brought ... (4) to obtain possession of land sold at a judicial or tax sale ..."
Plaintiff seeks a Court Order barring and enjoining Defendants, pursuant to Pa. R.C.P. No.
1066, from ever attacking the validity of Plaintiffs title.
ARLIN
COUNTI
B.
Matson
7. Plaintiff incorporates by reference the allegations of paragraphs one through
6 as though set forth at length herein.
This Count is Arlington Loan Servicing,
Melanie B. Matson, and any of their heirs, personal
administrators, successors, or receivers.
9. Defendants were the last record owners of the
v. Michael L. Matson and
representatives, executors,
A complete copy of
the legal description for the Property is attached hereto and marked as Exhibit "A."
10. Plaintiff became the owner by virtue of a purchase at the Cumberland
County Sheriff's sale on March 5, 2008.
11. The Sheriff's sale was held in strict compliance with the applicable Rules of
Civil Procedure governing mortgage foreclosure actions, and Defendants received all
required statutory notices and/or had actual knowledge of foregoing sale. The sale,
therefore, did, in fact, divest any interest, right, title Defendar jts (i.e., former record owners
I I
and any heirs or successors) had in the Property.
12. Plaintiff is brining this action in quiet title for purposes of confirming its
ownership to ensure clear title. No party has moved to set aside the sale, and ownership is
now conclusive.
Order and
property, (ii)
successors and
have any type
EFORE, Plaintiff respectfully prays that this honorable Court will enter an
ree that (i) states that Plaintiff is the legal owner of the herein described real
njoins Michael L. Matson and Melanie B. Matson, and any their heirs,
assigns and generally any and all other person(s) from having or claiming to
of right, lien, title or interest in and to said real property which is in any
manner inconsistent with the interest, right title of Plaintiff herein, and (iii) an Order under
Pa. R.C.P. No 1066(b) be entered granting the foregoing relief together with a Writ of
Possession as
DATED:
under Pa. R.C.P. No. 1061(b)(4).
F/OY
e
Respectfully submitted,
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VERIFICATION
The undersigned, an officer of the Corporation hich is the Plaintiff in the
foregoing C mplaint or an officer of the Corporation whit h is the servicing agent of
Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby
verifies that he facts set forth in the foregoing Complaint are taken from records
maintained y persons supervised by the undersigned in the ordinary course of
business and that those facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT O THE PENALTIES OF 18 PA. C.S § 4904 RELATING TO
UNSWORN ALSIFICATION TO AUTHORITIES.
DATE: I` W
NAME: S e by Shepro
TITLE: Secretary
COMPANY:, Arlington Loan
Servicing, LLC
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01625 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARLINGTON LOAN SERVICING LLC
VS
MATSON MICHAEL L ET AL
STEPEHN BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MATSON MICHAEL L the
DEFENDANT , at 1855:00 HOURS, on the 19th day of March , 2008
at 302 VALLEY STREET
SUMMERDALE, PA 17093
MICHAEL MATSON
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 15.36
Affidavit .00
So Answers:
Surcharge 10.00 R. Thomas Kline
.00
43.36./03/20/2008
KERNS PEARLSTINE ONORATO
.3/?s?OB
Sworn and Subscibed to By:
before me this day De uty Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01625 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARLINGTON LOAN SERVICING LLC
VS
MATSON MICHAEL L ET AL
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MATSON MELANIE B the
DEFENDANT , at 1905:00 HOURS, on the 19th day of March , 2008
at 3 CLENDENIN CIRCLE
ENOLA, PA 17025
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 _
Service 14.40
Affidavit 00,w
Surcharge 10.00 R. Thomas Kline
.00
30.40 3/20/2008
KE NS PEARLSTINE ONORATO
,:21'a s
Sworn and Subscibed to By:
before me this day
of ,
A. D.
eput Sheriff
Stephen M. Hladik, Esquire
Attorney I.D. No. 66287
Gregory W. Fox, Esquire
Attorney I.D. No. 200846
Kerns, Pearlstine, Onorato & Hladik, LLP
425 W. Main Street
P.O. Box 29
Lansdale, PA 19446-0029
(215) 855-9521
ARLINGTON LOAN SERVICING, LLC,
4 State Road, #520
Media, PA 19063,
Plaintiff,
'
V.
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife,
former record owners of the real property at ;
302 Valley Street,
Summerdale, PA 17093,
Defendants.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-1625 Civil Term
MOTION FOR COURT ORDER PURSUANT PA. R.C.P. NO. 1066(b)(3)
AND NOW comes Plaintiff, ARLINGTON LOAN SERVICING, LLC., by and
through its attorneys, Kerns, Pearlstine, Onorato & Hladik, LLP, and files the
following Motion for Court Order under Pa. R.C.P. No. 1066(b)(3).
1. Plaintiff filed its Complaint in the above-captioned case on March
12, 2008 endorsed with a Notice to Plead.
2. Both parties have accepted service personally. A true and correct
copy of the Cumberland County Sheriff's Return is attached hereto and marked
as Exhibit "A."
3. Thus all Defendants have been served.
4. The foregoing named Defendants are IN DEFAULT for their failure
to plead to the Complaint within the time period provided by the Rules of Civil
Procedure for quiet title actions.
7. Defendants have twenty (20) days to file an answer to the quiet title
complaint. In the event defendants in a quiet title action does not answer within
twenty (20) days, the plaintiff may move the court for an order for final judgment
(per the rules there are no default judgments for quiet title actions nor a
requirement to mail notice of intent to take a default judgment since there are no
default judgments for quiet title). Pa. R.C.P. No. 1066, provides, inter alia, that
the Court may enter an Order in favor of Plaintiff when Defendants, as here, have
failed to plead to said Complaint within the appropriate time permitted by the
Rules of Civil Procedure.
8. Attached hereto is Plaintiffs Affidavit which is being filed under Pa.
R.C.P. No. 1066(a).
9. For the foregoing legal reasons, Plaintiff respectfully prays that the
Court will issue an order under Rule 1066(b)(3), as well as an order for
possession of the subject property under Rule 1061(b)(4). A proposed Order to
such effect is submitted herewith.
Date:
By:
RespectfulMsubmitted,
Esquire
J 111 1\11' 1' J I\r, 1 V11114 I?P?IJV Lt1IC
CASE NO: 2008-01625 P
COMMONWEALTH OF PENNSYLVANIAN-, y rZ ??
COUNTY OF CUMBERLAND
ARLINGTON LOAN SERVICING LLC
VS
MATSON MICHAEL L ET AL
ST I?N BENDER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania,.who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MATSON MICHAEL L
DEFENDANT
the
, at.1855:00 HOURS, on the 19th day of March , 2008
at 302 VALLEY STREET
SUMMERDALE, PA 17093
MICHAEL MATSON
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00 °-
Service 15.36
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
43.36 03/20/2008
KERNS PEARLSTINE ONORATO
Sworn and Subscibed to By:
before me this day De uty Sheriff
of A.D.
MAN I
A
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01625 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARLINGTON LOAN SERVICING LLC
VS
MATSON MICHAEL L ET AL
STEPHEN BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MATSON MELANIE B the
DEFENDANT , at 1905:00 HOURS, on the 19th day of March 2008
at 3 CLENDENIN CIRCLE
ENOLA, PA 17025 by handing to
MELANIE B MATSON
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service 14.40
Affidavit 00 _" -
Surcharge 10.00 R. Thomas Kline
.00
30.40 03/20/2008
KERNS PEARLSTINE ONORATO
Sworn and Subscibed to By:
before me this day eput Sheriff
of A.D.
VERIFICATION
Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in
this action; that he is authorized to and does take this Verification on behalf of said
Plaintiff, and that the statements made in the foregoing action are true and correct to the
best of his knowledge, information and belief. Counsel has been unable to obtain the
Plaintiff's verification at this time, which verification, when received, shall be substituted
in place and in stead of this verification.
The undersigned understands that the statements herein are made subject to the
penalties of 18 PA. C.S. §4904, relating to unworn falsification to authorities.
S- og
Date:
Stephen M. Hladik, Esquire
Attorney for Plaintiff
Stephen M. Hladik, Esquire
Attorney I.D. No. 66287
Gregory W. Fox, Esquire
Attorney I.D. No. 200846
Kerns, Pearlstine, Onorato & Hladik, LLP
425 W. Main Street
P.O. Box 29
Lansdale, PA 19446-0029
(215) 855-9521
ARLINGTON LOAN SERVICING, LLC,
4 State Road, #520
Media, PA 19063,
Plaintiff,
V.
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife,
former record owners of the real property at
302 Valley Street,
Summerdale, PA 17093,
Defendants.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-1625 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of this Motion for
Court Order Pursuant to Pa. R.C.P. No. 1066(b)(3) and the papers attached
thereto on all parties named herein at their last known address or upon their
attorney of record by regular mail, postage prepaid to the parties listed
below on - /5-. , 2008:
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife,
former record owners of the real property at
302 Valley Street,
Summerdale, PA 17093
BY:
Stephen M. Hladik, s ire
Attorney for Plaintiff
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Stephen M. Hladik, Esquire
Attorney I.D. No. 66287
Gregory W. Fox, Esquire
Attorney I.D. No. 200846
Kerns, Pearlstine, Onorato & Hladik, LLP
425 W. Main Street
P.O. Box 29
Lansdale, PA 19446-0029
(215) 855-9521
ARLINGTON LOAN SERVICING, LLC,
4 State Road, #520
Media, PA 19063,
Plaintiff
V.
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife,
former record owners of the real property at
302 Valley Street,
Summerdale, PA 17093,
Defendants.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-1625 Civil Term
PLAINTIFF'S AFFIDAVIT FILED UNDER PA. R.C.P. NO. 1066(b)(3)
County of Montgomery
Commonwealth of PA ss.
The undersigned, being authorized to make this Affidavit on behalf of
Plaintiff, makes this Affidavit under Pa. R.C.P. No. 1066(a) and states that the
following facts are true and correct, to wit:
1. The Cumberland County Sheriff made service upon the following
Defendants, which Sheriffs return attached:
Michael L. Matson and Melanie B. Matson were personally served.
The returns are attached to the Motion for Final Order.
2. Said Defendants have not filed an Answer or otherwise pleaded to
the Complaint within twenty (20) days from service and Defendant is in
DEFAULT under the Rules of Civil Procedure.
Sworn to and subscribed before me
this ? day of , 2008.
Nota ublic
By.
Stephen 4di , Esquire
Attorne , a Authorized Agent
for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RICHARD D. MAYALL, Notary Public
Lansdale Boro., Montgomery County
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YAY 19 2008K
Stephen M. Hladik, Esquire
Attorney I.D. No. 66287
Gregory W. Fox, Esquire
Attorney I.D. No. 200846
Kerns, Pearlstine, Onorato & Hladik, LLP
425 W. Main Street
P.O. Box 29
Lansdale, PA 19446-0029
(215) 855-9521
ARLINGTON LOAN SERVICING, LLC,
4 State Road, #520
Media, PA 19063,
Plaintiff, ;
V.
MICHAEL L. MATSON and
MELANIE B. MATSON, husband and wife, ;
former record owners of the real property at
302 Valley Street,
Summerdale, PA 17093,
Defendants.
ORDER
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08-1625 Civil Term
AND NOW, this z zO day of , 2008, it appearing
that the Defendants, Michael L. Matson and Melanie B. Matson have been duly
served in accordance with the Rules of Civil Procedure governing Actions to
Quiet Titles; have NOT filed an Answer or otherwise pleaded as required by the
Rules of Civil Procedure, it is hereby
ORDERED AND DECREED that FINAL JUDGMENT in quiet title is
entered against the Defendants:
The Recorder of Deeds is hereby ORDERED to mark the title clear, of any
claim whatsoever by Michael L. Matson and Melanie B. Matson, as to:
cl'lOjl9Lc/" -pv%p,w • 163Q ?,+?
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ALL THAT CERTAIN tract or parcel of land and
premises, situate, lying and being in the Township of East
Pennsboro in the County of Cumberland and
Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point in the northern line of Valley
Street 86 feet west from the northwest corner of Third and
valley Streets; THENCE westwardly along the northern line
of Valley Street 70 feet to a point in the eastern line of Lot
No. 73. Section "A" on the hereinafter mentioned Plan of
Lots; THENCE northwardly along the eastern line of Lot
No. 73 Section "A", 160 feet to a point in the southern line
of a 16 foot wide alley; THENCE eastwardly along the
southern line of said 16 foot wide alley 70 feet to a point;
THENCE southwardly along lands now or formerly of
Albert J. and Mary Jan Slusser 160 feet to a point, the Place
of BEGINNING.
BEING the western 10 feet of Lot No. 70 Section "A" and
all of Lots Nos. 71 and 72, Section "A" on the Plan of Lots
known as Summerdale, Pennsylvania, as recorded in the
Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan book 1, Page 44, Revised
Plan Book 2, Page 109.
BEING the same premises which Paul W. Kauffman and
Deanna W. Kauffinan, husband and wife by indenture dated
October 14, 2003 and recorded at Carlisle in the County of
Cumberland on October 24, 2003 in Deed Book 260, Page
109, and conveyed unto
Michael L. Matson and Melanie B. Matson, Husband and
wife in fee.
A certified copy of this Court Order may be recorded of public record in the
Cumberland County Recorder of Deeds Office as evidence of title being quieted
in the name of Arlington Loan Servicing, LLC. All filing and recording fees to
record this Court Order shall be paid by Plaintiff; and it is
FURTHER ORDERED that, pursuant to Pa. R.C.P. No. 1061(b)(4), this
Order shall constitute a final order for possession of this property acquired at a
judicial sale, and upon Praecipe of Plaintiff, the Prothonotary is directed to issue
to Plaintiff a Writ of Possession for the subject property permitting Plaintiff to
obtain physical possession free of any claims of Defendant. Any personal items
left remaining at the premises after issuance of the Writ of Possession shall be
deemed abandoned, and subject to disposition as Plaintiff determines.
BY THE COURT: