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HomeMy WebLinkAbout08-2505 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY EQUITY ONE, INC. MORTGAGE PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATE SERIES 2003-4 c/o POPULAR MORTGAGE SERVICING, INC. NO.: D3- x50.5 n wa (ew? 121 Woodcrest Road Cherry Hill, NJ 08003 V. ANDREW ZEIDERS 120 West Main Street, Apt. 1 Mechanicsburg, PA 17055 CHRIS REISINGER 120 West Main Street, Apt. 2 Mechanicsburg, PA 17055 KASSIE VANASDALAN 120 West Main Street, Apt. 3 Mechanicsburg, PA 17055 RUTH HOLLAND 120 West Main Street, Apt. 5 Mechanicsburg, PA 17055 BRAD NYE 120 West Main Street, Apt. 6 Mechanicsburg, PA 17055 JEFF MCCLOUD 120 West Main Street, Apt. 7 Mechanicsburg, PA 17055 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 this 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. 2 SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 3 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY EQUITY ONE, INC. MORTGAGE PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATE SERIES 2003-4 c/o POPULAR MORTGAGE SERVICING, INC. NO.: d S- aseSJ C,c-?c? `t4 om" 121 Woodcrest Road Cherry Hill, NJ 08003 V. ANDREW ZEIDERS 120 West Main Street, Apt. 1 Mechanicsburg, PA 17055 CHRIS REISINGER 120 West Main Street, Apt. 2 Mechanicsburg, PA 17055 KASSIE VANASDALAN 120 West Main Street, Apt. 3 Mechanicsburg, PA 17055 RUTH HOLLAND 120 West Main Street, Apt. 5 Mechanicsburg, PA 17055 BRAD NYE 120 West Main Street, Apt. 6 Mechanicsburg, PA 17055 JEFF MCCLOUD 120 West Main Street, Apt. 7 Mechanicsburg, PA 17055 COMPLAINT IN EJECTMENT AND NOW, comes the plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4, by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaint in Ejectment pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4, is a New York banking corporation with an address at 450 W. 33`d Street, 15`h Floor, New York, NY 10001. Plaintiff's loan servicer is Popular Mortgage Servicing, Inc., the successor in interest to Equity One, Incorporated ("Equity One"), a Pennsylvania corporation with an address at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendants are individuals occupying the property at 120 West Main Street, Mechanicsburg, PA 17055. VENUE 3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1052 in that said County is the county where the real property which is the subject of this ejectment action is located. FACTS 4. The property at issue is located at 120 West Main Street, Mechanicsburg, PA 17055 (the "Property") and the abstract of title on which Plaintiff relies is as follows: 2 TRACT NO. FIVE: (120 WEST MAIN STREET, BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA) PARCEL A: ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE ON THE NORTH SIDE OF WEST MAIN STREET, BOROUGH OF MECHANICSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE BUILDING LINE OF SAID WEST MAIN STREET, CORNER OF A THREE (3) FOOT ALLEY, THE PROPERTY NOW OR FORMERLY OF R.H. THOMAS, EL,AL.; THENCE WESTWARD ALONG OF WILL AM OVERD ER ID HEIRS; STREET HENCE BY SAID LOT NORTHWARD INCHES TWO HUNDRED (200) O FEET,, MORE OR LOSS, TO A POINT IN THE LINE OF STRAWBERRY ALLEY; THENCE BY SAID ALLEY EASTWARD, TWENTY-SIX (26) FEET, EIGHT (8) INCHES TO CORNER OF PROPERTY NOW OR FORMERLY OF R.H. THOMAS, ET AL,; THENCE BY SAME SOUTHWARD, TWO HUNDRED (200) FEET, MORE OR LESS, TO THE PLACE OF BEGINNING (TM-19-23-0567-183) PARCEL B: ALL. THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE ON THE NORTH SIDE OF WEST MAIN STREET, BOROUGH OF MECHANICSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OR PENNSYLVANIA BOUNDED AND FOLLOWS DESCRIBED AS BEGINNING T POINT THE SOUTHWEST CORNER OF LA DFORMER YOF O NDA H D EHL (PARCEL A ABOVE) ETI HENCE ALONG THE NE AT BUILDING LINE OF WEST MAIN STREET WESTWARD THREE (3) FEET, FIVE (5) INCHES; THENCE ALONG LAND NOW OR FORMERLY OF ALMA WEBER MOWER BRANDT, Of WHICH THE TRACT HEREIN DESCRIBED WAS A PART, NORTHWARDLY SIXTY-THREE (63) FEET TO A POINT: THENCE ALONG LAND OF SAME IN AN EASTWARDLY DIRECTION, THREE (3) FEET, FIVE (5) INCHES TO THE LINE OF LAND FORMERLY OF CONDA H. DIEHL (PARCEL A ABOVE); THENCE ALONG THE LINE O THREE (63) FEET TO HE BUILDING LINE OF WEST MAIN STREET, THE POINT ABOVE) AND PLACE OF BEG NNING. (TM 19 23TY- 0567-183). FOR INFORMATIONAL PURPOSES ONLY: APN: 19-23-0567 5. On or about April 2, 2008, Plaintiff purchased the Property at Sheriff's Sale. The Sheriffs deed is in the process of being issued. 6. Since the date of the Sheriff s Sale, Defendants have unlawfully been in possession of the Property and have at all times wrongfully withheld and continue to withhold Plaintiffs possession of the Property, despite demand by Plaintiff that Defendants vacate the premises. 7. Plaintiff has the right to immediate and exclusive possession of the Property from the occupants. WHEREFORE, Plaintiff demands in rem judgment against Defendants for ejectment and possession of the above-described Property plus costs and such other relief as may be appropriate. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: April 14, 2008 By: SARAH A. JA SH 3 VERIFICATION I, Sarah A. Jarosh, counsel to Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 40 `,in A ki'44? Sarah A. Jar 5 r- C _ 94 t `1 ._k Q fl ?? ro CJI 7 n SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02505 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS ZEIDERS ANDREW ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VANASDALAN KASSIE but was unable to locate Her in his bailiwick. /1 AffT T T TTTRI l: 71_1n ThJrUATT He therefore returns the NOT FOUND , as to the within named DEFENDANT , VANASDALAN KASSIE 120 WEST MAIN STREET APT 3 MECHANICSBURG, PA 17055 APARTMENT 3 IS VACANT Sheriff's Costs: Docketing Service Not Found Surcharge ?,'I dvP So answers-,-" 6.00 .00 5.00 R. Tho as Kline 10.00 Sheriff of Cumberland County PETER MELTZER & ASSOCIATES 05/09/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS ZEIDERS ANDREW ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ZEIDERS ANDREW the DEFENDANT at 1205:00 HOURS, on the 3rd day of May 2008 at 120 WEST MAIN STREET APT 1 MECHANICSBURG, PA 17055 ANDREW ZEIDERS by handing to 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 Service Affidavit Surcharge 311,,10 8 'L?- 18.00 10.00 .00 10.00 .00 ? 38.00 So Answers: R. Thomas Kline 05/09/2008 PETER MELTZER &-,A Sworn and Subscibed to Syr before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS ZEIDERS ANDREW ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT REISINGER CHRIS DEFENDANT was served upon the , at 1450:00 HOURS, on the 25th day of April , 2008 at 120 WEST MAIN STREET APT 2 MECHANICSBURG, PA 17055 CHRIS REISINGER by handing to 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 10.00 Affidavit .00 Surcharge 10.00 .00 q 410 r ?.,. ? 26.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/09/2008 PETER MELTZER & ASSOCIATES By: Deputy heriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS ZEIDERS ANDREW ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon HOLLAND RUTH the DEFENDANT at 1520:00 HOURS, on the 8th day of May , 2008 at 120 WEST MAIN STREET APT 5 MECHANICSBURG, PA 17055 RUTH HOLLAND by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 2 6 . 0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/09/2008 PETER MELTZER & ASSOCIATES By: Z<4??Iloeg 4L ep ty Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS ZEIDERS ANDREW ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT NYE BRAD the DEFENDANT , at 1450:00 HOURS, on the 25th day of April , 2008 at 120 WEST MAIN STREET APT 6 MECHANICSBURG, PA 17055 BRAD NYE was served upon by handing to 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: So Answers: Docketing 6.00 Service 10.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ? 26.00 05/09/2008 PETER MELTZER & ASSOCIATES Sworn and Subscibed to By: before me this day Dep y Sheri f of A.D. CASE NO: 2008-02505 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS ZEIDERS ANDREW ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MCCLOUD JEFF the DEFENDANT , at 1450:00 HOURS, on the 25th day of April 2008 at 120 WEST MAIN STREET APT 7 MECHANICSBURG, PA 17055 by handing to JEFF MCCLOUD 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: So Answers: Docketing 6.00 Service .00%- Affidavit .00'Surcharge 10.00 R. Thomas Kline .00 16.00 05/09/2008 PETER MELTZER & ASSOCIATES Sworn and Subscibed to By: -?elel before me this day Depu y Sheriff of A.D. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 c/o POPULAR MORTGAGE SERVICING, INC 121 Woodcrest Road Cherry Hill, NJ 08003 V. ANDREW ZEIDERS 120 West Main Street, Apt. 1 Mechanicsburg, PA 17055 CHRIS REISINGER 120 West Main Street, Apt. 2 Mechanicsburg, PA 17055 KASSIE VANASDALAN 120 West Main Street, Apt. 3 Mechanicsburg, PA 17055 RUTH HOLLAND 120 West Main Street, Apt. 5 Mechanicsburg, PA 17055 BRAD NYE 120 West Main Street, Apt. 6 Mechanicsburg, PA 17055 JEFF MCCLOUD 120 West Main Street, Apt. 7 Mechanicsburg, PA 17055 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 68- 6160E ?ivil'let-w? M : COPY FROMI RECORD in Tesbmmy whew mof, = a unto set my hand d tha seal of saw coon at Cadi*, Pa. 461 FA&iiho 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 this 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demands y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. 2 SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 3 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY EQUITY ONE, INC. MORTGAGE PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATE SERIES 2003-4 c/o POPULAR MORTGAGE SERVICING, INC. NO.: 121 Woodcrest Road Cherry Hill, NJ 08003 V. ANDREW ZEIDERS 120 West Main Street, Apt. 1 Mechanicsburg, PA 17055 CHRIS REISINGER 120 West Main Street, Apt. 2 Mechanicsburg, PA 17055 KASSIE VANASDALAN 120 West Main Street, Apt. 3 Mechanicsburg, PA 17055 RUTH HOLLAND 120 West Main Street, Apt. 5 Mechanicsburg, PA 17055 BRAD NYE : 120 West Main Street, Apt. 6 Mechanicsburg, PA 17055 JEFF MCCLOUD 120 West Main Street, Apt. 7 Mechanicsburg, PA 17055 COMPLAINT IN EJECTMENT AND NOW, comes the plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4., by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaint in Ejectment pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4, is a New York banking corporation with an address at 450 W. 33`d Street, 15' Floor, New York, NY 10001. Plaintiff's loan servicer is Popular Mortgage Servicing, Inc., the successor in interest to Equity One, Incorporated ("Equity One"), a Pennsylvania corporation with an address at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendants are individuals occupying the property at 120 West Main Street, Mechanicsburg, PA 17055. VENUE 3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1052 in that said County is the county where the real property which is the subject of this ejectment action is located. FACTS 4. The property at issue is located at 120 West Main Street, Mechanicsburg, PA 17055 (the "Property") and the abstract of title on which Plaintiff relies is as follows: 2 N t TRACT NO. FIVE: (120 WEST MAIN STREET, BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA) PARCEL A: ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE ON THE NORTH SIDE OF WEST MAIN STREET, BOROUGH OF MECHANICSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE BUILDING LINE OF SAID WEST MAIN STREET, CORNER OF A THREE (3) FOOT ALLEY, THE PROPERTY NOW OR FORMERLY OF R.H. THOMAS, EL. AL.; THENCE WESTWARD ALONG SAID STREET TWENTY-SIX (26) FEET, EIGHT (8) INCHES TO CORNER OF LOT NOW OR FORMERLY OF WILLIAM OVERDEER HEIRS; THENCE BY SAID LOT NORTHWARD TWO HUNDRED (200) FEET, MORE OR LOSS, TO A POINT IN THE LINE OF STRAWBERRY ALLEY; THENCE BY SAID ALLEY EASTWARD, TWENTY-SIX (26) FEET, EIGHT (8) INCHES TO CORNER OF PROPERTY NOW OR FORMERLY OF R.H. THOMAS, ET AL,; THENCE BY SAME SOUTHWARD, TWO HUNDRED (200) FEET, MORE OR LESS, TO THE PLACE OF BEGINNING (TM-19-23-0567-183) PARCEL B: ALL. THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE ON THE NORTH SIDE OF WEST MAIN STREET, BOROUGH OF MECHANICSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OR PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A 'POINT ON THE MAIN STREET AT THE EXISTING BUILDING LINE AT THE SOUTHWEST CORNER OF LAND FORMERLY OF CONDA H. DIEHL (PARCEL A ABOVE); THENCE ALONG THE BUILDING LINE OF WEST MAIN STREET WESTWARD THREE (3) FEET, FIVE (5) INCHES; THENCE ALONG LAND NOW OR FORMERLY OF ALMA WEBER MOWER BRANDT, OF WHICH THE TRACT HEREIN DESCRIBED WAS A PART, NORTHWARDLY SIXTY-THREE- (63) FEET TO A POINT: THENCE ALONG LAND OF SAME IN AN EASTWARDLY DIRECTION, THREE (3) FEET, FIVE (5) INCHES TO THE LINE OF LAND FORMERLY OF CONDA H. DIEHL (PARCEL A ABOVE); THENCE ALONG THE LINE OF LAND FORMERLY OF CODDA H. DIEHL (PARCEL A ABOVE) IN A SOUTHWARDLY DIRECTION, SIXTY- THREE (63) FEET TO THE BUILDING LINE OF WEST MAIN STREET, THE POINT AND PLACE OF BEGINNING. (TM-19-23- 0567-183). FOR INFORMATIONAL PURPOSES ONLY: APN: 19-23-0567 5. On or about April 2, 2008, Plaintiff purchased the Property at Sheriff s Sale. The Sheriffs deed is in the process of being issued. 6. Since the date of the Sheriff's Sale, Defendants have unlawfully been in possession of the Property and have at all times wrongfully withheld and continue to withhold Plaintiff s possession of the Property, despite demand by Plaintiff that Defendants vacate the premises. 7. Plaintiff has the right to immediate and exclusive possession of the Property from the occupants. WHEREFORE, Plaintiff demands in rem judgment against Defendants for ejectment Y and possession of the above-described Property plus costs and such other relief as may be appropriate. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. 1 Dated: April 14, 2008 By; f SARAH A. JA SH 3 1 VERIFICATION I, Sarah A. Jarosh, counsel to Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Sarah A. Jar 5 Z Z :01 V 8 18dq 0001 ?IdIHS ?i,1 ?o ]"i ?'J . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2008-02505 V. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD Praecipe for Judgment To the Prothonotary: Enter judgment against Defendants, Andrew Zeiders, Chris Reisinger, Ruth Holland, Brad Nye and Jeff McCloud for possession of the real property located at 120 West Main Street, Mechanicsburg, PA 17055. The abstract of title on which Plaintiff relies is attached as Exhibit «A„ Sarah A. Jaro Esquire Attorney for Plaintiff ASSESSMENT OF DAMAGES AND NOW, this 0 day of O)Une , 2008, damages aw- assessed as above. Pr onotary TRACT NO. FIVE: (120 West Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania) PARCEL A: ALL. that certain house and lot of ground situate on the North Bide of West Main Street, Borough of Mechanicsburg, County of Cumberland and Commonwealth of Penneylvania, bounded and described as follows, to wit: BEGINNING at a point in the building line of said West Main Street, corner of a three (3) foot alley, the property now or formerly of R.S. Thomas, et al.; thence westward along said street, twenty-six (26) feet, eight (8) inches to corner of lot now or formerly of William Overdear heirs; thence by said lot northward two hundred (200) feet, more or less, to a point in the line of Strawberry Alley; thence by said alley eastward, twenty-six (26) feet, eight (8) inches to corner of property now or formerly of R,B. Thomas, at al.; thence by same southward, two hundred (200) feet, more or less, to the place of BEGINNING. (TM-19-23-0567-183) PARCEL a: ALL that certain piece, parcel or tract of land situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumberland and Co=nvealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on Main Street at the existing building line at the southwest corner of land formerly of Conda R. Diehl (Parcel A above); thence along the building line of West main street westward three (3) feet, five 15) inches; thence along land now or formerly of Alma Weber Mower Brandt, of which the tract herein described was a part, northwardly sixty-three (63) feet to a point; thence along land of same in an eastwardly direction, three (3) feet, five (5) inches to the line of land formerly of Conda H. Diehl (Parcel A above); thence along the line of land formerly of Conda H. Diehl (parcel A above) in a southwardly direction„ sixty-three (63) feet to the building line of west Main Street, the point and place of BEGINNING. (TM-19-23-0567-183) BEING THB SAME PRRMISSS WHICH Stanley S. Conner and Ingrid J. Conner, by dead to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed unto Richard D. Albertson. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 V. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2008-02505 CERTIFICATION OF AS TO COMPLIANCE WITH PA. R. CIV. P. 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on May 30, 2008, I caused the 10-day notice required by Pa. R.Civ.P. 237.1 to be sent to defendants, Ruth Holland, Andrew Zeiders, Chris Reisinger, Brad Nye, and Jeff McCloud after defendants' failure to plead to the Complaint in the above matter which was served upon said defendants by the Cumberland County Sheriff on May 8, 2008, and I hereby further certify that defendants failed to answer the Complaint. A copy of the Proof of Mailing of the 10-day Notices is attached hereto as Exhibit "A". Dated: June 10, 2008 Sarah A. Jarosh, squire Attorney for Plaintiff LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 V. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD To: Andrew Zeiders Chris Reisinger Ruth Holland Brad Nye Jeff McCloud Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2008-02505 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: May 30, 2008 By: SARAH A. JAROSV, ESQUIRE Attorney for Plaintif This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. 2 ? ro N N A p ?' Z N3 r 'r ?1 m V ? N N m ? 3 ? w o? N N a ?r S' 0 m 0 a W w V 9 rt N W 3 3 N I ? 4 ? P' NI '17 ? z = rn mi3 .m i ?r rn cn O !n a 35, :q c: r n in r . N OWN0 D C o ?JO L ? ? W n FN o 5 d z. ?aao -RN ?m I m? a S' N W x ?3 Q_?3m S ?., d ". ?• i lD ?CL W ? km $m UMr&s '9S J?N x m s o 0 00 <,, O m co LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 V. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2008-02505 CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon information and belief: Andrew Zeiders is over 21 years of age, has an address at 120 West Main Street, Apt. 1, Mechanicsburg, PA 17055, and is employed at unknown as an unknown. Ruth Holland is over 21 years of age, has an address at 120 West Main Street, Apt. 5, Mechanicsburg, PA 17055, and is employed at unknown as an unknown. Chris Reisinger is over 21 years of age, has an address at 120 West Main Street, Apt. 2, Mechanicsburg, PA 17055, and is employed at unknown as an unknown. Brad Nye is over 21 years of age, has an address at 120 West Main Street, Apt. 6, Mechanicsburg, PA 17055, and is employed at unknown as an unknown. Jeff McCloud is over 21 years of age, has an address at 120 West Main Street, Apt. 7, Mechanicsburg, PA 17055, and is employed at unknown as an unknown. Deponent further avers that, upon information and belief, the above individual is not within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with amendments thereto. : June 10, 2008 4Jaros Dated Sarah A. Esquire Attorney for Plaintiff a 90. v i "4. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 V. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD TO: Andrew Zeiders Chris Reisinger Ruth Holland Brad Nye Jeff McCloud Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2008-02505 NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE ABOVE- CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: Sarah A. Jarosh, Esquire Meltzer & Associates, P.C. 1600 Locust St., Suite 200 Philadelphia, PA 19103 215-545-3339 4 I LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2008-02505 V. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD Praecipe to Issue Writ of Possession To the Prothonotary: Issue Writ of Possession in the above matter, against Defendants, Andrew Zeiders, Chris Reisinger, Ruth Holland, Brad Nye and Jeff McCloud, for possession of the following described property: 120 West Main Street Mechanicsburg, PA 17055 r BC 9arah A. Jarosh, E'Sqhire Attorney for Plaintiff Legal Description attached o $ v ? c.... -st c ` , it .s3 t .. TRACT NO. PIVE: (120 West Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania) PARCEL A. AL,I, that certain house and lot of ground situate on the North Side of West Main Street, Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the building line of said West Main Street, corner of a three (3) foot alley, the property now or formerly of R.H. Thomas, et al.; thence westward along said street, twenty-Six (26) feet, eight (8) inches to corner of lot now or formerly of William Overdear heirs; thence by said lot northward two hundred (200) feet, more or less, to a point in the line of Strawberry Alle ; thence by said alley eastward, twenty-six (26) feet, eight (8) inches to corner of property now or formerly of R.H. Thomas, et al.; thence by same southward, two hundred (200) feet, more or less, to the place of BEGINNING. (TM`19-23-0567.183) PARCEL, $: ALL that certain piece, parcel or tract of land situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on Main Street at the existing building line at the southwest corner of land formerly of Conda H. Diehl (parcel A above)i thence along the building line of West Min Street westward three (3) feet, five (5) inches; thence along land now or formerly of Alma Weber Mower Brandt, of which the tract herein described was a part, northwardly sixty-three (63) feet to a point; thence along land of game in an eastwardly direction, three (3) feet, five (5) inches to the line of land formerly of Conda H. Diehl (Parcel A above); thence along the line of land formerly of Conda A. Diehl (parcel A above) in a southwardly direction„ sixty-three (63) feet to the building line of west Main Street, the point and place of HEGIMING, (TM-19-23-0567-1$3) BEING THE SAMS PREMISRs WHICH Stanley S. Conner and Ingrid J. Conner, by dead to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed unto Richard D. Albertson. W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2003-4 VS. No. 08-2505 Civil Term ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD Costs Attorney's $ 269.50 Plaintiff's $ Prothonotary $ 2.00 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: (Plaintiff (s)) BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2003-4 being: (Premises as follows): 120 WEST MAIN STREET, MECHANCISBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. IS/ c s R. Long, Prothonotary, Common Pleas Court of Cumberland County, PA Date 6/19/08 2of2 No 08-2505 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2003-4 VS. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 269.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SARAH A. JAROSH, ESQUIRE LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. 1600 LOCUST STREET, SUITE 200 PHILADELPHIA, PA 19103 215-545-3300 ID# 206946 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of , . I caused the within -, to have possession of the premises described with the So Answers, Sworn and subscribed to before me this Day of , Sheriff Prothonotary By Deputy ? r I j By virtue of this writ, onlthe named appurtenances, and day of I caused the within to have possession of the premises described with the turned STAYED Der ttornev Sworn and subscribed to before rye this Day of , i I So A4061INCO O? By Sheriff l? l Sheriff's Return: Docketing 18.00 Prothy 2.00 Milage 10.00 Poundage 1.80 Surcharge 60.00 91.80 7J?z??p I I ate, .o`'? Advance Costs: 150.00 Sheriff's Costs: 91.80 58.20 Refunded to Atty on 6/27/08 01,n? 0 vk cam. c v csy d rrv r7 2of2 No 08-2505 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2003-4 VS. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 269.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SARAH A. JAROSH, ESQUIRE LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. 1600 LOCUST STREET, SUITE 200 PHILADELPHIA, PA 19103 215-545-3300 ID# 206946 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, as Trustee for EQUITY ONE, MORTGAGE PASS-THROU CERTIFICATE SERIES 2002 VS. ANDREW ZEIDERS CHRIS REISINGER KASSIE VANASDALAN RUTH HOLLAND BRAD NYE JEFF MCCLOUD No. 08-2505 Civil Term Costs Attorney's $ 269.50 Plaintiff's $ Prothonotary $ 2.00 I 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 de?cribed property to: (Plaintiff (s)) BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2003k4 i being: (Premises as follows): 120 WEST MAIN STREET, MECHANCISBURG, PA 17055 (2) To satisfy the costa against the defendant (s) you are directed to levy upon any property of the defendant (s) a?d sell his/her (or their) interest therein. is R. Long, Prothonotar 14 'a Common Pleas Court of Cumberland County, PA Date 6/19/08