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Home My WebLink About04-1025GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK~ JR. A1"'I'ORNE¥ I.D. #16132 SUITE 5000 MELLON INI)EPENI)ENCE CENTER 701 Market Street PItILA1)ELPItlA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF MAY 31, 1996 SERIES 1996-B One Old Country Road Suite 429 Carle Place, NY 11514 Plaintiff VS. ROBERT A. YOUNG JENNIFER L. YOUNG and OCCUPANT(S) 38 W. Coover Street and 38 Rear W. Coover Street Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF EJECTMENT Term CIVIL ACTION: EJECTMENT NOTICE You have been sued in courL If you wish to defend against the claims set forth in the following pages, you must take action within ~venty (20) days alter the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the corm 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 Bmher notice for any rr~ney claim in the Complaint of for any other claim or mile f requested by the Plainfit~ You may lose money or proper~y 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, LEGAL SERVICES INC 8 lrvine Row, Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Sl DESEA DEFENDERSE CONTRA LAS QUEJAS PERESIENTADAS, ES ABSOLUTAMENTE NECESSARIO QLIE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTI~D Y CUALQUIER OBJECC1ON CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SFN SU PART1CIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QHE 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 LrN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300, LEGAL SERVICES [NC 8 Irvlne Row, Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberiy Avenue, Carlisle, PA 17013 COMPLAINT IN EJECTMENT 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING& SERVICiNG AGREEMENT DATED AS OF MAY 31, 1996 SERIES 1996-B, One Old Country Road, Suite 429, Carle Place, NY 11514. 2. Defendants are ROBERT A. YOUNG, JENNIFER L. YOUNG, and OCCUPANT(S). 3. Plaintiffis the equitable owner of premises 38 W. Coover Street and 38 Rear W. Coover Street, Mechanicsburg, PA 17055 a legal description of which is attached hereto. 4. Plaintiffbecame the equitable owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County on March 03, 2004. 5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereofi The Defendants, ROBERT A. YOUNG, JENNIFER L. YOUNG and OCCUPANT(S), are occupying the said premises without right, and so far as the Plaintiff is informed, without claim of title. 6. Plaintiffhas demanded possession of the said premises from the said Defendants, who have refused to deliver up possession of the same. WHEREFORE, Plaintiff requests judgment for possession of the premises. ..~6seph A. Goldbeck, Jr., 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 corporation and the are true and correct belief. I understand that false subject to the penalties of 18 Pa. falsification to authorities. Date: verification on behalf of the Plaintiff facts set forth in the foregoing Complaint to the best of my knowledge, information and statements therein are made C.S. 4904 relating to unsworn #73040685 - ROBERT A. h A. Goldbeck, Jr. YOUNG and JENNIFER L. YOUNG 4 £o~1~, to wit: Co~l~n; ~ alo~ na~d lot nor~vard, a distance o~ 143 fee~, ~VI~ e~c~eG ~eo~ a GwelI/A~ hou;e ~n ~fld n~ ~t '~Aldtng alo~ ~lll Alley. s~a~, ~u~ 75 d~eas ~ez~, n ~stan~ ot 25,04 ~e~ to a ................................. ~o~ ~ ~e sa~e at ~e d~vAdAn~ ~ne ~ee~ ~ Nos. ~ and x ~Willi~ 3. N~ada, Ho~ 16 d~ene 38 ninutee 30 ~oo~8 Ne~t, a fo~r~y of ~iA~n R. W~, N~ 72 d~r~8 x4 B~e8 ~gt, a f~erly o~ ~anet N. S~ne ~ver~r, Hor~ X4 d~r~e 46 ml~o ~omt, a disagio of 57.10 ~eet tO & Apike et aill Alle~; ~en~ aLo~ ed~d ~11 A1XeM, ~ 75 deg~=s ZOa~, a dAe~e 16,67 feO~ tp,~point on ~o sm at ~e weste~ l~e oF Pa~I'"A,~e ~; ~ ~Lo~ sam Parcel A, 8~tE ~5 SHERIFF'S RETURN CASE NO: 2004-01025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS YOUNG ROBERT A ET AL - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon JULIANA PATRICIA OCCUPANT OF 38 REAR the DEFEND~NT , at 1850:00 HOURS, on the 18th day of March , 2004 at 38 REAR WEST COOVER STREET MECHANICSBURG, PA 17055 PATRICIA JULIANA, OCCUPANT a true and attested copy of COMPLAINT - by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 0O 00 10 00 00 16 00 Sworn and Subscribed to before me this 2g~ day of ~ 2~y A.D. thonotary / So Answers R. Thomas Kline 03/19/2004 GOLDBECK MCCAFFERTY MCKEEVER SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01025 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS YOUNG ROBERT A ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT YOUNG ROBERT A unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT , NOT FOIIND , as to , YOUNG ROBERT A 38 W COOVER STREET MECHANICSBURG, PA 17055 38 W COOVER STREET IS VACANT, Sheriff's Costs: Docketing 18.00 Service 7.59 Not Found 5.00 Surcharge 10.00 .00 40.59 R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 03/19/2004 Sworn and subscribed to before me this 2 y ~ day of ~1~ A.O. tary SHERIFF'S RETURN - CASE NO: 2004-01025 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND BANK OF NEW YORK THE VS YOUNG ROBERT A ET AL R. Thomas Kline duly sworn according inquiry for the within named DEFENDANT YOUNG JENNIFER L unable to locate Her COMPLAINT - EJECTMENT ,Sheriff or Deputy Sheriff, who being to law, says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 38 W COOVER STREET MECHANICSBURG, PA 17055 38 W COOVER STREET IS VACANT. , NOT FOUND , YOUNG JENNIFER L as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: ~ ~3 ~-q- 3J~ R. Thomas Kll-ne Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 03/19/2004 Sworn and subscribed to before me this 2q~ day of ~ A.D. Prot~not ary 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 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF MAY 31, 1996 SERIES 1996-B One Old Country Road Suite 429 Carle Place, NY 11514 VS. Plaintiff ROBERT A. YOUNG and JENNIFER L. YOUNG Mortgagor(s) and OCCUPANT(S) 38 W. Coover Street and 38 Rear W. Coover Street Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF EJECTMENT No. 04-1025 C1VIL TERM PRAECIPE FOR JUDGMENT IN EJECTMENT Kindly enter Judgment in Ejectment in favor of the Plaintiff, THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF MAY 31, 1996 SERIES 1996-B and against the Defendants and OCCUPANT(S) 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 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF MAY 31, 1996 SERIES 1996-B, One Old Country Road, Suite 429, Carle Place, NY 11514 and that the name(s) and last known address(es) of the Defendant(s) is/are OCCUPANT(S) 38 W. Coover Street and 38 Rear W. Coover Street, Mechanicsburg, PA 1705538 W. Coover/Rear W, Mechanicsburg, PA 1705538 W. Coover Street and 38 Rear W. Coover Street, Mechanicsburg, PA 17055. Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA I9106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF MAY 3 I, 1996 SERIES 1996-B One Old Country Road Suite 429 Carle Place, NY 11514 Plaintiff VS. 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY CiVIL ACTION ~ LAW ACTION OF EJECTMENT Term No. 04-1025 CWIL TERM ROBERT A. YOUNG, JENNIFER L. YOUNG and OCCUPANT(S) 38 W, Coover Street and 38 Rear W. Coover Street Mechanicsburg, PA 17055 Defendant(s) DATE OF THIS NOTICE: April 8, 2004 TO: OCCUPANT(S) 38 W. Coover Street and 38 Rear W. Coover Street Mechanicsburg, PA 17055 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbcck, Jr., Esq. ARomey for Plaintiff' VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that 1 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 unsworn falsification to authorities. 1. That the above named Defendant, ROBERT A. YOUNG, is about unknown years of age, that Defendant's last known residence is, 38 W. Coover Street and 38 Rear W. Coover Street Mechanicsburg, PA 17055, 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. 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 unswom f~alsification to authorities. 1. That the above named Defendant, JENNIFER L. YOUNG, is about unknown years of age, that Defendant's last known residence is 38 W. Coover Street and 38 Rear W. Coover Street Mechanicsburg, PA 17055, 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: ~[/'2olo~ ~y virtue of this writ, on the day of I cause~the within named have possession of the premises described with the appurtenances, and WRIT OF POSSESSION RETURNED STAYED AS PER ATTORNEY THIS DATE, , to PROPERTY IS VACANT. SHERIFF'S COSTS: DOCKETING 18.00 POUNDAGE 1.32 PROTHONOTARY 1.00 MILAGE 6.90 SURCHARGE 40.00 67.22 Sworn and subscribed to before me this /?~ / Prothonotary ADVANCE COSTS: 150.00 SHERIFF'S COSTS: 67.22 82.78 r]--~::: - ~,qi]dREFUNDED TO ATTY 5/12/04