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HomeMy WebLinkAbout08-4309LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 3982 By: Sarah A. Jarosh 5 Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THE BANK OF NEW YORK AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5: c/o POPULAR MORTGAGE SERVICING, INC. 121 Woodcrest Road Cherry Hill, NJ 08003 V. OCCUPANT(S) 17 George Circle Mechanicsburg, PA 17055 NOTICE THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: //-70f aG A 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 to 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 O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. 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 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 THE BANK OF NEW YORK AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5: c/o POPULAR MORTGAGE SERVICING, INC. 121 Woodcrest Road Cherry Hill, NJ 08003 V. OCCUPANT(S) 17 George Circle 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.: 0 F- V 30 9 C"_ T,? COMPLAINT IN EJECTMENT AND NOW, comes the plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2004-5, 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 2004-5, is a New York banking corporation with an address at 450 W. 33ta Street, 15th Floor, New York, NY 10001. Plaintiffs 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 any Occupant or Occupants occupying the property at 17 George Circle, 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 17 George Circle, Mechanicsburg, PA 17055 (the "Property") and the abstract of title on which Plaintiff relies is as follows:. ALL THOSE TWO (2) CERTAIN ADJOINING PIECES OR PARCELS OF LAND SITUATED IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL NO. 1: BEGINNING AT A POINT ON THE SOUTHERN SIDE OF GEORGE CIRCLE, SAID POINT BEING AT A DISTANCE OF 424.99 FEET WEST OF THE INTERSECTION OF GEORGE CIRCLE AND SOUTH MARKET STREET (EXTENDED), SAID POINT ALSO BEING AT THE DIVIDING LINE BETWEEN THE PREMISES HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF RUSSELL STEPHENS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF RUSSELL STEPHENS, SOUTH 1 DEGREE 36 MINUTES EAST, A DISTANCE OF 109 FEET TO A POINT AT LINE OF LANDS FORMERLY OF MARCUS C. AREHART, NOW PARCEL NO.2 HEREINBELOW DESCRIBED; THENCE ALONG SAID PARCEL NO. 2: SOUTH 81 DEGREES 51 MINUTES WEST, A DISTANCE OF 126 FEET TO A POINT; THENCE NORTH 8 DEGREES 9 MINUTES WEST THROUGH PART OF LOT NO. 23 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, A DISTANCE OF 125 FEET TO A POINT ON THE SOUTHERN SIDE OF GEORGE CIRCLE; THENCE EASTWARDLY ALONG THE SOUTHERN SIDE OF SAID GEORGE CIRCLE THE FOLLOWING FOUR (4) COURSES AND DISTANCES (ACCORDING TO THE HEREINAFTER MENTIONED PLAN OF LOTS): (1) NORTH 81 DEGREES 51 MINUTES EAST, A DISTANCE OF 24.22 FEET TO A POINT; (2) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 176.66, AN ARC DISTANCE OF 17.80 FEET TO A MENTIONED PLAN OF LOTS; (3) CONTINUING ON THE SAME CURVE TO THE RIGHT, AN ARC DISTANCE OF 42.70 FEET TO A POINT; AND (4) ON A CURVE TO THE LEFT HAVING A RADIUS OF 165.54 FEET, AN ARC DISTANCE OF 55.47 FEET TO A POINT ON THE SAME AT THE NORTHEAST CORNER OF LOT NO. 24 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS, THE PLACE OF BEGINNING. BEING THE EASTERN HALF OF LOT NO. 23 AND ALL OF LOT NO. 24 AS SHOWN ON THE SUBDIVISION PLAN OF LOTS ENTITLED "PLAN OF SUNNYLAND FOR S. G. DIAMOND", DATED MARCH 24, 1964, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 12L, PAGE 13. PARCEL NO. 2: BEGINNING AT A POINT MARKED BY AN IRON PIN AT THE SOUTHEAST CORNER OF PARCEL NO. 1 DESCRIBED ABOVE; THENCE EXTENDING ALONG THE LINE DIVIDING LOT NO. 1 FROM LOT NO.2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, SOUTH 15,OEGREES EAST, A DISTANCE OF 76.23 FEET TO A STAKE IN THE LINE OF LANDS OF THE MASONIC HALL ASSOCIATION OF MECHANICSBURG; THENCE EXTENDING ALONG THE LINE OF SAID LANDS OF THE MASONIC HALL ASSOCIATION OF MECHANICSBURG, SOUTH 75 DEGREES WEST, A DISTANCE OF 125.98 FEET TO A POST AT CORNER OF LAND NOW OR FORMERLY OF EDWARD R. LEWIS AND WIFE; THENCE EXTENDING ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF EDWARD R. LEWIS AND WIFE, NORTH 15 DEGREES 5 MINUTES 2 SECONDS WEST, A DISTANCE OF 76.23 FEET TO A POST AT THE SOUTHWEST CORNER OF PARCEL NO. 1 DESCRIBED HEREINABOVE; THENCE ALONG THE LINE OF SAID PARCEL NO. 1, NORTH 75 DEGREES EAST, A DISTANCE OF 126.00 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 1 DESCRIBED ABOVE, THE PLACE OF BEGINNING. BEING AN UNIMPROVED LOT HAVING AN AREA OF 9600 SQUARE FEET. BEING LOT NO. 1 AS SHOWN ON THE SUBDIVISION PLAN OF LOTS MADE FOR MARCUS C. AREHART BY CHARLES W. JUNKINS, R.S., DATED APRIL 16, 1975, REVISED MAY 1, 1975, AND RECORDED IN THE RECORDER'S OFFICE AFORESAID IN PLAN BOOK 26, PAGE 73. FOR INFORMATIONAL PURPOSES ONLY: APN: 42-25-0030 5. On or about June 11, 2008, Plaintiff purchased the Property at Sheriff's Sale. The Sheriff s deed was recorded on June 20, 2008 with the Cumberland County Recorder of Deeds at Instrument No. 200820742. See Exhibit "A" attached hereto. 6. Since the date of the Sheriff s Sale, Defendant(s) have unlawfully been in possession of the Property, to the extent that personal belongings are still inside 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 occupant or occupants. WHEREFORE, Plaintiff demands in rem judgment against Defendant(s) 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: July 16, 2008 By: SARAH A. O H9 ESQUIRE VERIFICATION I, Sarah A. Jarosh, counsel to Plaintiff, 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. J o h Exhibit "A" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200820742 Recorded On 6/20/2008 At 8:50:24 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 23423 User ID - KW * Grantor - LESNIAK, EARL * Grantee - EQUITY ONE INC * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT UPPER ALLEN TOWNSHIP $0.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF DDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111111111111111 Tax Parcel No. 42-25-0030-065 and 42-25-0030-065A t Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00 (One Dollar), to me in hand paid, do hereby grant and convey to The Bank of New York as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2004-5 Real Estate Sale #47 Writ No. 2007-4178 Civil Term The Bank of New York as Trustee for Equity One, Inc. Mortgage Pass-Through Certificates Series 2004-5 VS Earl Lesniak individually and all known surviving heirs of Earl Lesniak, Deceased, and all unknown heirs, successors and assigns and all persons firms or associations claiming right, title or interest from or under Earl Lesniak, deceased Attorney: Sarah J. Jarosh DESCRIPTION All those two (2) certain adjoining pieces or parcels of land situated in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Parcel No. 1: Beginning at a point on the southern side of George Circle, said point being at a distance of 424.99 feet west of the intersection of George Circle_ and South Market Street (extended), said point also being at the dividing line between the premises herein described and lands now or formerly of Russell Stephens; thence along said lands now or formerly of Russell Stephens, South 1 degree 36 minutes East, a distance of 109 feet to a point at line of lands formerly of Marcus C. Arehart, now Parcel No. 2 hereinbelow described; thence along said Parcel No. 2, South 81 degrees 51 minutes West, a distance of 126 feet to a point; thence North 8 degrees 9 minutes West through part of Lot No. 23 on the hereinafter mentioned plan of lots, a distance of 125 feet to a point on the southern side of George Circle; thence eastwardly along the southern side of said George Circle the following four (4) courses and distances (according to the hereinafter mentioned plan of lots): (1) North 81 degrees 51 minutes East, a distance of 24.22 feet to a point; (2) on a curve to the right having a radius of 176.66, an arc distance of 17.80 feet to a point at the dividing line between Lots Nos. 23 and 24 as shown on the hereinafter mentioned plan of lots; (3) continuing on the same curve to the right; an arc distance of 42.70 feet to a point; and (4) on a curve to the left having a radius of 165.54 feet, an arc distance of 55.47 feet to a point on the same at the northeast corner of Lot No. 24 as shown on the hereinafter mentioned plan of lots, the place of beginning. Being the eastern half of Lot No. 23 and all of Lot No. 24 as shown on the subdivision plan of lots entitled "Plan of Sunnyland for S. G. Diamond", dated March 24, 1961, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 12, Page 13. Parcel No. 2: Beginning at a point marked by an iron pin at the Southeast corner of Parcel No. I described above; thence extending along the line dividing Lot No. 1 from Lot No. 2 on the hereinafter mentioned Plan of Lots, South 15 degrees East, a distance of 76.23 feet to a stake in the line of land of the Masonic Hall Association of Mechanicsburg; thence extending along the line of said lands of the Masonic Hall Association of Mechanicsburg, South 75 degrees West, a distance of 125.98 feet to a post at corner of land now or formerly of Edward R. Lewis and wife; thence extending along the line of said land now or formerly of Edward R. Lewis and wife, North 15 degrees 5 minutes 2 seconds West, a distance of 76.23 feet to a post at the Southwest corner of Parcel No.l described hereinabove; thence along the line of said Parcel No. 1, North 75 degrees East, a distance of 126.00 feet to an iron pin at the Southeast comer of said Parcel No. 1 described above, the place of beginning. Being Lot No. 1 as shown on the subdivision plan of lots made for Marcus C. Arehart by Charles W. Junkins, R.S., dated April 16, 1975, revised May 1, 1975, and recorded in the Recorder's Office aforesaid in Plan Book 26, Page 73. Tax ID: 42-25-0030-Parcel 065 and Tax ID: 42-25-0030-Parcel 065A The same having been sold by me to the said grantee on the 11th day of June Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 27th day of February Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 4178 at the suit of The Bank of New York as Trustee for Equity One, Inc. Mortgage Pass Through Certificate Series 2004-5 against Earl Lesniak, Individually and all known surviving heirs of Earl Lesniak, deceased, and all unknown heirs, successors and assigns and all persons, firms, or associations claiming right, title or interest from or under Earl Lesniak, deceased. In Witness Wereof, I have hereunto affixed my signature this 19th day of June Anno Domini Two Thousand and Eight (2008) Jody S. mith, Sergeant for R. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Sergeant Jody S. Smith for R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts set forth in the foregoing Deed are true, and that she acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 19th day of June Anno Domini Two Thousand and Eight (2008) PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 121 Woodcrest Road Cherry Hill, NJ 08003 V'007:5 Solicitor V 11? r' rn r\l . ?' wry 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 THE BANK OF NEW YORK, ET AL V. OCCUPANT(S) Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4309 Civil PLAINTIFF'S PETITION FOR SERVICE PURSUANT TO A SPECIAL ORDER OF COURT PURSUANT TO PA.R.CIV.P. 430 AND NOW, comes the plaintiff, The Bank of New York, et al., by and through its attorneys, Law Offices of Meltzer and Associates, P.C., and files this Petition pursuant to the Pennsylvania Rules of Civil Procedure 430 and avers the following: 1. On or about June 11, 2008, Plaintiff purchased 17 George Circle, Mechanicsburgh, PA 17055 (the "Property") at Sheriff's Sale. The Sheriff's Deed was recorded with the Cumberland County Recorder of Deeds on June 20, 2008 at Instrument No. 200820742. 2. Plaintiff filed a Complaint in Ejectment relating to the Property against the Defendant on July 18, 2008. 3. The prior owner and occupier of the Property, Earl Lesniak, died in February, 2007. This was confirmed in a discussion with the Cumberland County Coroner's Office. 4. Although no one is currently occupying the Property, personal property still remains inside the premises. 5. Through contact with the Cumberland County Register of Wills, Plaintiff has ascertained that no estate has been raised for Earl Lesniak and no one has been appointed to act as administrator. 6. Plaintiff has conducted an investigation to determine the whereabouts of all known or unknown heirs, successors and assigns and all persons, firms or associations claiming right, title or interest from or under Earl Lesniak, deceased 7. Plaintiff has determined that Earl Lesniak has at least 2 children (and possibly only 2 children), namely Earl Lesniak, 11 and Mary Lesniak. Upon information and belief, Earl Lesniak II is in the military and has moved from his last known address which was in Sandpiper, Ohio. Upon information and belief, Mary Lesniak has an address at 79 Queen Avenue, Enola, PA 17035. Plaintiff's counsel has attempted to contact Mary Lesniak via telephone but without success. 8. Notwithstanding the foregoing, it is not necessarily clear that the items remaining inside the Property belong to Earl Lesniak or to anyone related to Earl Lesniak. 9. Pa.R.Civ.P. 430(a) allows a plaintiff to move the court for a special order directing the method of service. 10. Because (a) Earl Lesniak is deceased, (b) no estate has been raised, (c) no one has been appointed to act as administrator, and (d) it is not clear whose belongings are inside the Property, Petitioner requires the entry of an Order to allow service of the Complaint by alternate means, including posting at the Property and by certified mail and first class mail on Mary Lesniak at 79 Queen Avenue, Enola, PA 17035 and by advertisement in a newspaper of general circulation in Cumberland County. 2 WHEREFORE, Plaintiff requests the entry of an Order pursuant to Rule 430(a) which permits the Plaintiff to serve the Complaint in the manner described in the proposed form of Order. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: July 22, 2008 By: SARAH A. JAR H, E (TIRE 3 VERIFICATION I, Sarah A. Jarosh, am duly authorized to make this Verification on behalf of The Bank of New York, et al., and do hereby verify that the statements made in the foregoing Petition for Special Service 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. Saarh 4 rs F rr7 :.? % C LAW OFFICES OF PETER E. MELTZER ZOOS AND ASSOCIATES, P.C. JUL 2 5 1W 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 Attorneys for Plaintiff THE BANK OF NEW YORK, ET AL. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-4309 Civil OCCUPANT(S) ORDER t1k AND NOW this 1.? day of 2008, upon consideration of Plaintiff's Petition for service pursuant to a special Order of Court pursuant to Pa.R.Civ.P. 430, it is hereby ORDERED that service of Plaintiff's Complaint in Ejectment and all subsequent pleadings which require personal service upon Defendant shall be made in the following manner: 1. By posting on the most public part of the property located at 17 George Circle, Mechanicsburgh, PA 17055; 2. By certified mail and first class mail to Mary Lesniak at 79 Queen Avenue, Enola, PA 17035; and 3. By advertisement in a newspaper of general circulation in Cumberland County. BY THE COURT: S v: t LO :S 9Z i ail ? -163 1-4 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04309 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK BANK OF VS OCCUPANT STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANTS DEFENDANT the at 0013:25 HOURS, on the 9th day of August , 2008 at 17 GEORGE CIRCLE MECHANICSBURG, PA 17055 PROPERTY POSTED PER COURT by handing to ORDER @ 17 GEORGE CIRCLE, MECH 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 / Service ? Affidavit Surcharge DNA Posting Sworn and Subscibed to before me this So Answers: 18.00 10.00 .00 10.00 R. Thomas Kline 6.00 44.00 08/11/2008 PETER MELTZER By: day Deputy 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 THE BANK OF NEW YORK, ET AL. V. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4309 Civil EARL LESNIAK, INDIVIDUALLY AND ALL KNOWN SURVIVING HEIRS OF EARL LESNIAK, DECEASED, AND ALL UNKNOWN HEIRS, SUCCESSORS AND ASSIGNS AND ALL: PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM: OR UNDER EARL LESNIAK, DECEASED Praecipe for Judgment Sarah A. Jar, Esquire Attorney for aintiff ASSESSMENT OF DAMAGES ho,4 , 2008, damages are assessed as above. AND NOW, this day of O1Rpf2111J To the Prothonotary: Enter judgment for possession of the real property located at 17 George Circle, Mechanicsburg, PA 17055. The abstract of title on which Plaintiff relies is attached as Exhibit «N, /s/ "- P, L2?e Pr thonotary Im/md we N110- Title Order Number: 30074582 Client number: 169399 Property Address: 17 GEORGE CIR, MECHANICSBURG, PA 17055-4708 Exhibit A ALL THOSE TWO (2) CERTAIN ADJOINING PIECES OR PARCELS OF LAND SITUATED IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL NO. 1: BEGINNING AT A POINT ON THE SOUTHERN SIDE OF GEORGE CIRCLE, SAID POINT BEING AT A DISTANCE OF 424.99 FEET WEST OF THE INTERSECTION OF GEORGE CIRCLE AND SOUTH MARKET STREET (EXTENDED), SAID POINT ALSO BEING AT THE DIVIDING LINE BETWEEN THE PREMISES HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF RUSSELL STEPHENS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF RUSSELL STEPHENS, SOUTH 1 DEGREE 36 MINUTES EAST, A DISTANCE OF 109 FEET TO A POINT AT LINE OF LANDS FORMERLY OF MARCUS C. AREHART, NOW PARCEL NO.2 HEREINBELOW DESCRIBED; THENCE ALONG SAID PARCEL NO. 2: SOUTH 81 DEGREES 51 MINUTES WEST, A DISTANCE OF 126 FEET TO A POINT; THENCE NORTH 8 DEGREES 9 MINUTES WEST THROUGH PART OF LOT NO. 23 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, A DISTANCE OF 125 FEET TO A POINT ON THE SOUTHERN SIDE OF GEORGE CIRCLE; THENCE EASTWARDLY ALONG THE SOUTHERN SIDE OF SAID GEORGE CIRCLE THE FOLLOWING FOUR (4) COURSES AND DISTANCES (ACCORDING TO THE HEREINAFTER MENTIONED PLAN OF LOTS): (1) NORTH 81 DEGREES 51 MINUTES EAST, A DISTANCE OF 24.22 FEET TO A POINT; (2) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 176.66, AN ARC DISTANCE OF 17.80 FEET TO A MENTIONED PLAN OF LOTS; (3) CONTINUING ON THE SAME CURVE TO THE RIGHT, AN ARC DISTANCE OF 42.70 FEET TO A POINT, AND (4) ON A CURVE TO THE LEFT HAVING A RADIUS OF 165.54 FEET, AN ARC DISTANCE OF 55.47 FEET TO A POINT ON THE SAME AT THE NORTHEAST CORNER OF LOT NO. 24 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS, THE PLACE OF BEGINNING. BEING THE EASTERN HALF OF LOT NO. 23 AND ALL OF LOT NO. 24 AS SHOWN ON THE SUBDIVISION PLAN OF LOTS ENTITLED "PLAN OF SUNNYLAND FOR S. G. DIAMOND", DATED MARCH 24, 1964, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 12L, PAGE 13. PARCEL NO. 2: BEGINNING AT A POINT MARKED BY AN IRON PIN AT THE SOUTHEAST CORNER OF PARCEL NO. 1 DESCRIBED ABOVE; THENCE EXTENDING ALONG THE LINE DIVIDING LOT NO. 1 FROM LOT NO.2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, SOUTH 15 DEGREES EAST, A DISTANCE OF 76.23 FEET TO A STAKE IN THE LINE OF LANDS OF THE MASONIC HALL ASSOCIATION OF MECHANICSBURG; THENCE EXTENDING ALONG THE LINE OF SAID LANDS OF THE MASONIC HALL ASSOCIATION OF MECHANICSBURG, SOUTH 75 DEGREES WEST, A DISTANCE OF 125.98 FEET TO A POST AT CORNER OF LAND NOW OR FORMERLY OF EDWARD R. LEWIS AND WIFE; THENCE EXTENDING ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF EDWARD R. LEWIS AND WIFE, NORTH 15 DEGREES 5 MINUTES 2 SECONDS WEST, A DISTANCE OF 76.23 FEET TO A POST AT THE SOUTHWEST CORNER OF PARCEL NO. 1 DESCRIBED HEREINABOVE; THENCE ALONG THE LINE OF SAID PARCEL NO. 1, NORTH 75 DEGREES EAST, A DISTANCE OF 126.00 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 1 DESCRIBED ABOVE, THE PLACE OF BEGINNING. BEING AN UNIMPROVED LOT HAVING AN AREA OF 9600 SQUARE FEET. BEING LOT NO. 1 AS SHOWN ON THE SUBDIVISION PLAN OF LOTS MADE FOR MARCUS C. AREHART BY CHARLES W. JUNKINS, R.S., DATED APRIL 16, 1975, REVISED MAY 1, 1975, AND RECORDED IN THE RECORDER'S OFFICE AFORESAID IN PLAN BOOK 26, PAGE 73. FOR INFORMATIONAL PURPOSES ONLY: APN: 42-25-0030 This Legal Description is excerpted from the Vesting information documents reported herein la_oe dot report.doc rev.lAF"7 Pape 3 of 5 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 Attorneys for Plaintiff THE BANK OF NEW YORK, ET AL. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-4309 Civil OCCUPANT(S) AFFIDAVIT OF SERVICE I hereby certify that I am the attorney for the plaintiff in this action and further certify that I caused the Complaint in Ejectment to be served upon Defendant per Court Order by publication in The Sentinel, certified and first class mail upon Mary Lesniak, and posting by the Cumberland County Sheriff on August 9, 2008. Proof of mailing and publication are attached hereto as Exhibit "A". Dated: September 16, 2008 W M1 u1 p m 0 F F I C 7 ' A-L U - m Pipe m s Fo C3 Ce"ffW Fee O Relum oRegWrod) e p (EMkrsertbM q"t Fss J s DIV a u7 r-I Total 0 Paetage & Fen Ls a 3 l1 U? aw TO ~ orposaftoL G 17 s I r? PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 8, 2008 Affiant further deposes that he/she is not interested in the subject matter of. the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 8th day of Auguust, 2008. r J. Notary blic My commission expires: rat?Rt?t ? 60NiAA CAW NGIWY P.00 CARLISLE SOROM. ClNY MMANDCOtN lY My Ccmw&*)n FtpM? Jun 6, 2009 COPY OF NOTICE OF PUBLICATION 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 THE BANK OF NEW YORK, ET AL. V. OCCUPANT(S) Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4309 Civil CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon information and belief: Occupant, believed to be Earl Lesniak, is over 21 years of age, has an address at 17 George Street, 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. Dated: September 16, 2008 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 Attorneys for Plaintiff THE BANK OF NEW YORK, ET AL. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-4309 Civil OCCUPANT(S) 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 September 2, 2008, I caused the 10-day notice required by Pa. R.Civ.P. 237.1 to be sent to defendant, after defendant's failure to plead to the Complaint in the above matter and I hereby further certify that defendant failed to answer the Complaint. A copy of the Proof of Mailing of the 10-day Notice is attached hereto as Exhibit "A". Dated: September 16, 2008 Attorney for 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 THE BANK OF NEW YORK, ET AL. V. OCCUPANT(S) Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4309 Civil To: Occupant(s) Mary Lesniak 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: September 2, 2008 By: SARAH A. Attorney for s • N 0 00 3 3 ff 0o V CL W° C M I Q y C 0) N O N ? Q m CL m$ 0 ^ N ?I FD ? o 3 x o m 0 m T < m N 3 0 a ?I w ivl ? '? 1.?m O) D nia N Cn0m1 c m v) rr?_T N -? fic 0 M cr m :v C?z.o o To yt V m 70 ? st z. 'c. m Ila .y - T?i y' m'C Z ox -(X M =r 0) 0 1 r '^ to bd b71N ,g ? and ?. m u?"?`0?9? l0 N ? O O O O A woo O 0 7? O ? c ?f C c Cp cB l O 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 THE BANK OF NEW YORK, ET AL. V. OCCUPANT(S) Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4309 Civil TO: Occupant 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 r M 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 THE BANK OF NEW YORK, ET AL. V. EARL LESNIAK, INDIVIDUALLY AND ALL KNOWN SURVIVING HEIRS OF EARL LESNIAK, DECEASED, AND ALL UNKNOWN HEIRS, SUCCESSORS AND ASSIGNS AND ALL: PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM: OR UNDER EARL LESNIAK, DECEASED Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4309 Civil Prageipe to Issue Writ of Possession To the Prothonotary: Issue Writ of Possession in the above matter, for possession of the following described property: 17 George Circle Mechanicsburg, PA 17055 Sarah A. J Attorney f Legal Description attached Adk Title Order Number: 30074582 Client number: 169399 Property Address: 17 GEORGE CIR, MECHANICSBURG, PA 170554708 Exhibit A ALL THOSE TWO (2) CERTAIN ADJOINING PIECES OR PARCELS OF LAND SITUATED IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL NO. 1: BEGINNING AT A POINT ON THE SOUTHERN SIDE OF GEORGE CIRCLE, SAID POINT BEING AT A DISTANCE OF 424.99 FEET WEST OF THE INTERSECTION OF GEORGE CIRCLE AND SOUTH MARKET STREET (EXTENDED), SAID POINT ALSO BEING AT THE DIVIDING LINE BETWEEN THE PREMISES HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF RUSSELL STEPHENS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF RUSSELL STEPHENS, SOUTH 1 DEGREE 36 MINUTES EAST, A DISTANCE OF 109 FEET TO A POINT AT LINE OF LANDS FORMERLY OF MARCUS C. AREHART, NOW PARCEL NO.2 HEREINBELOW DESCRIBED; THENCE ALONG SAID PARCEL NO. 2: SOUTH 81 DEGREES 51 MINUTES WEST, A DISTANCE OF 126 FEET TO A POINT; THENCE NORTH 8 DEGREES 9 MINUTES WEST THROUGH PART OF LOT NO. 23 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, A DISTANCE OF 125 FEET TO A POINT ON THE SOUTHERN SIDE OF GEORGE CIRCLE; THENCE EASTWARDLY ALONG THE SOUTHERN SIDE OF SAID GEORGE CIRCLE THE FOLLOWING FOUR (4) COURSES AND DISTANCES (ACCORDING TO THE HEREINAFTER MENTIONED PLAN OF LOTS): (1) NORTH 81 DEGREES 51 MINUTES EAST, A DISTANCE OF 24.22 FEET TO A POINT; (2) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 176.66, AN ARC DISTANCE OF 17.80 FEET TO A MENTIONED PLAN OF LOTS; (3) CONTINUING ON THE SAME CURVE TO THE RIGHT, AN ARC DISTANCE OF 42.70 FEET TO A POINT; AND (4) ON A CURVE TO THE LEFT HAVING A RADIUS OF 165.54 FEET, AN ARC DISTANCE OF 55.47 FEET TO A POINT ON THE SAME AT THE NORTHEAST CORNER OF LOT NO. 24 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS, THE PLACE OF BEGINNING. BEING THE EASTERN HALF OF LOT NO. 23 AND ALL OF LOT NO. 24 AS SHOWN ON THE SUBDIVISION PLAN OF LOTS ENTITLED "PLAN OF SUNNYLAND FOR S. G. DIAMOND", DATED MARCH 24, 1964, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 12L, PAGE 13. PARCEL NO. 2: BEGINNING AT A POINT MARKED BY AN IRON PIN AT THE SOUTHEAST CORNER OF PARCEL NO. 1 DESCRIBED ABOVE; THENCE EXTENDING ALONG THE LINE DIVIDING LOT NO. 1 FROM LOT NO.2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, SOUTH 15 DEGREES EAST, A DISTANCE OF 76.23 FEET TO A STAKE IN THE LINE OF LANDS OF THE MASONIC HALL ASSOCIATION OF MECHANICSBURG; THENCE EXTENDING ALONG THE LINE OF SAID LANDS OF THE MASONIC HALL ASSOCIATION OF MECHANICSBURG, SOUTH 75 DEGREES WEST, A DISTANCE OF 125.98 FEET TO A POST AT CORNER OF LAND NOW OR FORMERLY OF EDWARD R. LEWIS AND WIFE; THENCE EXTENDING ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF EDWARD R. LEWIS AND WIFE, NORTH 15 DEGREES 5 MINUT1=6 2 SECONDS WEST, A DISTANCE OF 76.23 FEET TO A POST AT THE SOUTHWEST CORNER OF PARCEL NO. 1 DESCRIBED HEREINABOVE; THENCE ALONG THE LINE OF SAID PARCEL NO. 1, NORTH 75 DEGREES EAST, A DISTANCE OF 126.00 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID PARCEL NO. 1 DESCRIBED ABOVE, THE PLACE OF BEGINNING. BEING AN UNIMPROVED LOT HAVING AN AREA OF 9600 SQUARE FEET. BEING LOT NO. 1 AS SHOWN ON THE SUBDIVISION PLAN OF LOTS MADE FOR MARCUS C. AREHART BY CHARLES W. JUNKINS, R.S., DATED APRIL 16, 1975, REVISED MAY 1, 1975, AND RECORDED IN THE RECORDER'S OFFICE AFORESAID IN PLAN BOOK 26, PAGE 73. FOR INFORMATIONAL PURPOSES ONLY: APN: 42-25-0030 This Legal Description is excerpted from the Vesting Information documents re ported herein la oe_dot report.doc rev.118=07 Pape 3 of 5 a? 1 QV t?j h ? n4 s F b? ?G d v 00 O (71 O (? O p O O F 7?, r,l W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, asTrustee for EQUITY ONE, INC, MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5 c/o POPULAR MORTGAGE SERVICING, INC. VS. No. 084309 Civil Term OCCUPANT(S) Costs Attorney's $ 160.50 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)) THE BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2004-5 c/o POPULAR MORTGAGE SERVICING, INC. being: (Premises as follows): 17 GEORGE CIRCLE, MECHANICSBURG, 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. _e6t,164 R. Long otary, Common Pleas Court of Cum erland County, PA Date 9/18/08 (Seal) 1 2of2 No 08-4309 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5 c/o POPULAR MORTGAGE SERVICING, INC. VS. OCCUPANT(S) WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 160.50 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 named appurtenances, and day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , So Answers, By Sheriff Es'a I./. r - 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 Writ of Possession returned STAYED per Atty Jgrosh 12 4 08 So Answers Sworn and subscribed to before me this Day of ?"?•? heriff B Sheriff's Retur,n Advance Costs: 150.00 Docketing 18.00 Sheriff's Costs: 67.32 Posting 6.00 Prothy 2.00 Poundage 1.32 Refunded to Atty on 12/4/08 Milage 10.00 Surcharge 30.00 67.32 ? :a?ii?o?. )eCA, '? 1 13 G z W C> --z I 2of2 No 08-4309 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5 c/o POPULAR MORTGAGE SERVICING, INC. VS. OCCUPANT(S) WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 160.50 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, Sworn and subscribed to before me this Day of •, By Sheriff W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, asTrustee for EQUITY ONE, INC, MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5 c/o POPULAR MORTGAGE SERVICING, INC. VS. No. 08-4309 Civil Term OCCUPANT(S) Costs Attorney's $ 160.50 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)) THE BANK OF NEW YORK, as Trustee for EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2004-5 c/o POPULAR MORTGAGE SERVICING, INC. being: (Premises as follows): 17 GEORGE CIRCLE, MECHANICSBURG, 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. )kJ Iq S a s R. Lon , Common Pleas Court of timberland County, PA Date 9/18/08 (Seal) in Tedia y W.11 ' l w • ; 16 0 _ ;,: a? °.a g iad t* w "W CoAt at Ciadi6*. Pa.