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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, 7E?v .5? tj.c? 3a ? C y a1 t I? ? tq c m W ? C L oVU) - ?E EE?z Zvi S? u, OQ'O c m m m 01m m CpCm?°- m a 3c CDC Em ?z t?ocnm0m? $ s E m m EU Npz m? T ?fDti CL 0 ?somm? com ?U?Lcm? ?4U aW-- W 0Y-. EF Er m m V m C W ??$mtuw o Q CL 0 4) m 0 o? w mu?y?5 m N 7 £ ?+C= C L A C V C m cam'- O m Za a c> $ o o Lo Q J OL m u 1p m E o la- 0 O m? O 0 m U- mL ? ?0.. cZ r- ma $ m- 0-- c cc Q Q> Z- O C w 0 0 c z S Z5 E?m. m ccoo uin Ea R t°o 0 u f- m m Y ?c yeIL 0 ` 'c O ? m J > O -? C m c aa' o '2 m E t- E E o U:31 2 of Z U v??o Z mw J m O O c W G?7 m a c C N y- y Q O O 'D -? o E oam » L o !? 3a. `m-0 YmEw ?8 C9cmm Z aaca: m o o _ ? C0 mc? E 7 c?a m > n 8 X E ? c m Ymm m y a ,o ?mm m m CD 4i O p L ? o m m mss c c m t g L m ^ Y ? o Y N m ' cnoD ro a. c m o Vi ay Q C L t_n N m E m ? ? w x 20 000 F c c 4 m S_° •3 Cc mac $? m z ?i m -r wcE ?? m roU ? ? m 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 N cz? b e?p, v {? ?1.) ? c.• `- ..fir r` ?. oy ` r-• _ ( J . yn 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 r-3 0 t T?„ ID r _J . . 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 4':; _,?- ?': ? `{'1 `?: rr' _. __ ?.` '' .1 .'v << . ? 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 ?,+? or Y-7-w S3 li SS ?? °? ZZ ? ?? EOpZ 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: