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HomeMy WebLinkAbout08-4857SHAPIRO & DENARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 -4951 Civil TerM Vs. Christopher Zeganelli and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS CIVIL ACTION - EJECTMENT 21000 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 THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 06-27855 SHAPIRO & DENARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for the registered holders of EquiFirst CUMBERLAND COUNTY Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 ; NO.: c ? t fc <? PLAINTIFF VS. Christopher Zeganelli and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS CIVIL ACTION - EJECTMENT Plaintiff hereby complains against Defendants as follows: 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 ("Plaintiff'), a corporation, has an office located at 1665 Palm Beach Lakes, Suite 105, West Palm Beach, FL 33401, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are Christopher Zeganelli and Occupants ("Defendants") and they reside at 32 East Locust Street, Mechanicsburg, PA 17055 (the "Premises"). The Premises, which is where the ejectment is to take place, is located at 32 East Locust Street, Mechanicsburg, PA 17055. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of CUMBERLAND County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment in Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 v. Kathy M. Yinger. 5. The case number of said Judgment is: 07-25. 6. The Sheriffs sale was held on: June 11, 2008 7. Kathy M. Yinger was the previous owner of the Premises by virtue of a Deed dated September 29, 2004, and recorded in the Office of the Recorder of Deeds for CUMBERLAND County, Pennsylvania on October 4, 2004, in Deed Book 265, Page 2816, CUMBERLAND County, Pennsylvania. 8. Plaintiff purchased the Premises at the Sheriffs sale. 9. Plaintiff acquired valid title to the Premises on the date of and by virtue of said Sheriffs sale. 10. Plaintiff is still the real owner of said Premises and is entitled to immediate possession of the Premises. 11. The Deed in favor Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 was recorded with the CUMBERLAND County Department of Records as Instrument No. 200820736, on June 20, 2008. 12. Said Deed is a matter of public record and therefore, is hereby incorporated by reference herein as though fully set forth at length. A true and correct copy of the Sheriff's Deed, is attached hereto, incorporated herein by reference, and marked as Exhibit "B." 13. The persons in possession of the Premises are believed to be the Defendants in this action who are occupying the Premises without right and without claim to title. 14. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiff demands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully submitted, SHAPIRO & DENARDO, LLC Date: - o O BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff File # 06-27855 All that certain house and lot of ground situate on the South side of East Locust Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: Beginning on the North in front by East Locust Street; on the East by property nor or formerly of Mrs. Bertha Kintz, on the South by St. John's Alley; and on the West by property now or formerly of Tobias Gelling. Containing 26 feet in front on Locust Street and of an event width throughout, extending and having a depth of 193 feet to St. John's Alley. Having thereon erected a two and one-half story frame dwelling house known and numbered as 32 East Locust Street, Mechanicsburg, Pennsylvania, with detached garage building on the rear. Under and subject, nevertheless, to Acts of Assembly, county and borough ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. EXHIBIT "A" Tax Parcel No. 19-23-0565-033 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 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 Real Estate Sale #42 Writ No. 2007-25 Civil Term Deutsche Bank National Trust Company, as Trustee for the registered holders of Equifirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 VS Kathy M. Yinger Attorney: Lauren Tabas DESCRIPTION All that certain house and lot of ground situate on the South side of East Locust Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: Beginning on the North in front by East Locust Street; on the East by property nor or formerly of Mrs. Bertha Kintz; on the South by St. John's Alley; and on the West by property now or formerly of Tobias Gelling. Containing 26 feet in front on Locust Street and of an even width throughout, and numbered as 32 John's frame dwellm g known depth Having thereon erected a two and one-half story g house Mechanicsburg, Pennsylvania, with detached garage building on the rear. Under and subject, nevertheless, to Acts of Assembly, county and borough ordinances, rights of public utility and public service companies, existing restrictions and easements', visible or of record, to the extent that any persons or entities have acquired legal rights thereto. E xh: b: k'?8p to, ?ajj J *410 r 0- The same having been sold by me to the said grantee on the 11th day of Ju„e 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 22nd day of January Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 25 at the suit of Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset Backed Certificates, Series 2004-3 against Kathy M. Yinger. In Witness Wereof, I have hereunto affixed my signature this 19th any of June Anno Domini Two Thousand and Eight (2008) Commonwealth of Pennsylvania, ss. County of Cumberland Jody S. S ith, Sergeant, for R. Thomas Kline, Sheriff 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) 4i... NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 And Post Office address of the Within Grantee is 12650 Ingenuity Drive Orlando, Florida 32826 Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200820736 Recorded On 6/20/2008 At 8:40:30 AM * Total Pages - 5 * Instrument Type - DEED-SHERIFF'S Invoice Number - 23417 User ID - KW * Grantor - YINGER, KATHY M * Grantee - EQUIFIRST MORTGAGE LOAN TRUST 2004-3 * Customer - SHERIFF * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE MECHANICSBURG SCHOOL DISTRICT MECHANICSBURG BOROUGH TOTAL PAID $0.50 $10.00 $12.50 $11.50 $2.00 $3.00 $0.00 $0.00 $39.50 I Certify this to be recorded County PA °t aoye® a: ° RECORDER O D DS 1730 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iuuunui VERIFICATION The undersigned, an officer of the Corporation, which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: A116, 0 5 2008 NAME(?)Lt1 0- TITLE:. t0Cu. ( COMPANY: r,--r File # 06-27855 ra c•7 fill LA 0 SHAPIRO & DENARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-4857 CIVIL TERM VS. Christopher Zeganelli and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action Ejectment in the above-captioned matter. SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff 06-27855 A` V , 00 faa3 3R SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04857 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER 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 ZEGANELLI CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT NOT FOUND , as to ZEGANELLI CHRISTOPHER 32 EAST LOCUST STREET APT 1 MECHANICSBURG, PA 17055 PER NEIGHBOR, DEFENDANT MOVED OUT 2 MONTHS AGO. Sheriff's Costs: Docketing Service Not Found Surcharge So answers 18.00 10.00 5.00 R. Tho s Kline 10.00 Sheriff of Cumberland County .00 43.00 SHAPIRO & DENARDO 09/15/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04857 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER 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 OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the (InhADT.T TTTT _ V.T t? MMVNTM the within named DEFENDANT 32 EAST LOCUST STREET APT 1 OCCUPANTS NOT FOUND , as to MECHANICSBURG, PA 17055 PER NEIGHBOR, OCCUPANTS MOVED OUT 2 MONTHS AGO. Sheriff's Costs: Docketing Service Not Found Surcharge 9124)aS `/, So answers- 6.00 .00 5.00 R. Thomas Wine 10.00 Sheriff of Cumberland County .00 21T.00 SHAPIRO & DENARDO 00/00/0000 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND i• CASE NO: 2008-04857 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER 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 OCCUPANT unable to locate Him in his bailiwick. COMPLAINT - EJECTMENT , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , OCCUPANT 32 EAST LOCUST STREET APT 3 MECHANICSBURG, PA 17055 PER OCCUPANT OF APT 2, APT 3 IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 JD/c9/Op -d 21.00 So answers: R. Thoma K1 ne Sheriff of Cu erland County SHAPIRO & DENA 2DO 10/07/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL MICHELLE GUTSHALL Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ZEGANELLI CHRISTOPHER the DEFENDANT at 1148:00 HOURS, on the 2hd day of October , 2008 at 43 SARASOTA CIRCLE CARLISLE, PA 17015 CHRISTOPHER ZEGANELLI LOT 167 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. I Sheriff's Costs: So Answers:. Docketing Service Affidavit Surcharge lo'p9A r 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day of , r R. Thomas line 11/07/2008 SHAP I RO & DE14ARDO By: Deputy Sheriff A.D. CASE NO: 2008-04857 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL GERALD WORTHINGTON , Sheriff or Deeputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT OCCUPANTS DEFENDANT served upon the at 1319:00 HOURS, on the 3rd day of November , 2008 at 32 EAST LOCUST STRRRT MECHANICSBURG, PA 17055 INTIN STEIDLER APT 2 by (handing to a true and attested copy of COMPLAINT - EJE 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 line t? ?0 4 (08(?,., J .00 26.00 10/07/2008 SHAPIRO & DENARDO Sworn and Subscibed to By: before me this day Deputy She -1-4f of A.D. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for the registered holders of EquiFirst CUMBERLAND COUNTY Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 NO.: 08-4857 Civil Term PLAINTIFF vs. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, SHAPIRO & DeNARDO, LLC, moves this Honorable Court for an Order directing service of the Complaint in Ejectment and all subsequent pleadings upon the above-captioned Defendant, Occupants, by regular mail and certified mail and by posting of the subject premises which is the subject of the above-captioned ejectment action and in support thereof avers the following: On August 13, 2008, Plaintiff commenced this Ejectment action. 2. Plaintiff named Christopher Zeganelli as a defendant because he was the former Occupant of one of the units in the subject property, which is 32 East Locust Street, Mechanicsburg, PA 17055 (the "Property"). Plaintiff also named "Occupants" as a defendant. 3. On October 2, 2008 Plaintiff effectuated service upon Defendant Christopher Zeganelli at an alternate address. A true and correct copy of the return of service is attached hereto as Exhibit "A." 4. On October 3, 2008 Plaintiff effectuated service upon Defendant Occupant Quintin Steidler in the Second Apartment of the property. A true and correct copy of the return of service is attached hereto as Exhibit "B." 5. Plaintiff' has removed Christopher Zeganelli as a Defendant since he is no longer in possession of the Property and indexed Quintin Steidler as a Defendant since he is in possession of the property. 6. Plaintiff attempted to serve the defendant, Occupants, in the First and Third Apartments of the Property. 7. Plaintiff did not locate the Occupants of the First and Third Apartments at the Property. True and correct copies of the Plaintiff's Returns of Service are attached hereto as Exhibit "C." 8. Plaintiff is unable to perform a Good Faith Investigation on Defendant, Occupants, as their identity is unknown to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Ejectment and all subsequent pleadings by regular mail and certified mail and by posting of the subject premises located at 32 East Locust Street, Apartment 1, Mechanicsburg, PA 17055 and 32 East Locust Street, Apartment 3, Mechanicsville, PA 17055. SHAPIRO & DeNARDO, LLC BY: k*Eslie J. Rase, Esquire Attorney for Plaintiff 06-27855 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ZEGANELLI CHRISTOPHER the DEFENDANT , at 1148:00 HOURS, on the 2nd day of October , 2008 at 43 SARASOTA CTRCT,R T.nm , c?7 CARLISLE, PA 17015 CHRISTOPHER ZEGANELLI 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 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/07/2008 SHAPIRO & DENARDO By. Deputy Sheriff A. D. 'F. A be- be *1 ;4 " ?., ®? ??` ?" r . , a. gHERIFF'S RETURN - REGULAR CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT OCCUPANTS DEFENDANT was served upon the , at 1319:00 HOURS, on the 3rd day of November , 2008 at 32 EAST LOCUST STREET APT 7 MECHANICSBURG, PA 17055 by handing to QUINTIN STEIDLER 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 10/07/2008 SHAPIRO & DENARDO Sworn and Subscibed to By; before me this day Deputy She f of A. D. EM * -b, -4 ••13 « e ? '. ? ? ? _ ? ?' y, SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04857 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER 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 OCCUPANT but was unable to locate Him in his bailiwick COMPLAINT - EJECTMENT , He therefore returns the NOT FOUND , as to the within named DEFENDANT , OCCUPANT 32 EAST LOCUST STREET APT 3 MECHANICSBURG, PA 17055 PER OCCUPANT OF APT 2, APT 3 IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge Sworn and Subscribed to before me this day of A. D. So answers- 6.00 - .00 5.00 R. Thomas Kl e 10.00 Sheriff of Cumberland County SHAPIRO & DENARDO 10/07/2008 Exhl.61.4 OC •, i ? ??? ,? 7 • ?; ? .. ? . * `'n SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER 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 ZEGANELLI CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT 32 EAST LOCUST STREET APT 1 MECHANICSBURG, PA 17055 NOT FOUND , as to , ZEGANELLI CHRISTOPHER PER NEIGHBOR, DEFENDANT MOVED OUT 2 MONTHS AGO. Sheriff's Costs: Docketing Service Not Found Surcharge Sworn and Subscribed to before So answer 18.00 10.00 5.00 R. Tho s Kline 10.00 Sheriff of Cumberland County nn SHAPIRO & DENARDO 09/15/2008 me this day of A.D. ' SuERIFF'S RETURN - NOT FOUND `ASE NO: 2008-04857 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER 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 OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT NOT FOUND , as to 32 EAST LOCUST STREET APT 1 MECHANICSBURG, PA 17055 OCCUPANTS PER NEIGHBOR, OCCUPANTS MOVED OUT 2 MONTHS AGO. Sheriff's Costs: Docketing Service Not Found Surcharge So answer 6.00 .00 5.00 R. Thomas K1i ne 10.00 Sheriff of Cumberland County .00 21.00 SHAPIRO & DENARDO 00/00/0000 Sworn and Subscribed to before me this day of A.D. SHAPIRO AND DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE PA I.D. #58365 VERIFICATION Leslie J. Rase, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE Complaint in Ejectment PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHAPIRO & DeNARDO, LLC ? f - ? - Q? BY: Lxslie J. Rase, Esquire Attorney for Plaintiff 06-27855 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for the registered holders of EquiFirst CUMBERLAND COUNTY Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 NO.: 08-4857 Civil Term PLAINTIFF vs. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the Court for a special Order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Plaintiff has determined that there are persons residing in the subject premises but does not know their names. As a result, Plaintiff cannot conduct an investigation as to their whereabouts. WHEREFORE, Plaintiff respectfully requests service of the Complaint in Ejectment and all subsequent pleadings by regular mail and certified mail and by posting of the subject premises by the Sheriff. 1)-3-01 SHAPIRO & DeNARDO, LLC DATE: BY: Y Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for the registered holders of EquiFirst CUMBERLAND COUNTY Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 NO.: 08-4857 Civil Term PLAINTIFF vs. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS CERTIFICATION I hereby certify that I have served a true and correct copy of this Motion and the papers attached thereto on _/ ' .-? V to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Occupants 32 East Locust Street, Apartment 1 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 2 Mechanicsburg, PA 17055 Quentin Steidler 32 East Locust Street, Apartment 2 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 3 Mechanicsburg, PA 17055 Dated: 11-3--o e SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff 7-1 SHAPIRO & DeNARDO, LLC ` BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF vs. Christopher Zeganelli and Occupants DEFENDANTS COURT OF COMMON PLl CUMBERLAND COUNTY NO.:08-4857 CIVIL TERM PURSUANT TO PA.R.C.P. 410 (b)(2) TO THE PROTHONOTARY: Kindly index Quintin Steidler as a party Defendant in the above-captioned, Ejectment pursuant to Pa. R.C.P. 410(b)(2). Said individual was found in possessii property, which is the subject of the above-captioned action in ejectment as eviden, Sheriffs Return, a true and correct copy of which is attached hereto. SHAPIRO & DENARDO, BY: Leslie J. Rase, Esquire Attorney for Plaintiff Lion in of the real t by the 06-27855 SHERIFF'S RETURN - REGULAR 'CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANTS the DEFENDANT , at 1319:00 HOURS, on the 3rd day of at 32 EAST LOCUST STREET APT 2 MECHANICSBURG, PA 17055 by handing to QUINTIN STEIDLER a true and attested copy of COMPLAINT - EJECTMENT r , 2008 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 6.00 10.00 .00 10.00 26.00 day So Answers: R. Thomas Kline 10/07/2008 SHAPIRO & DENARDO By: M A. D. Deputy S r] SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as ; Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF VS. Christopher Zeganelli and Occupants DEFENDANTS COURT OF COMMON PLl CUMBERLAND COUNTY NO.:08-4857 CIVIL TERM CERTIFICATION I hereby certify that a copy of the Praecipe to Index Party Defendant in the above c Ejectment Action was mailed to the indexed party. Said Notice was sent to the following party by regular mail, postage prepaid on N6ilemixr53, 20_y1 Occupants 32 East Locust Street, Apartment 1 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 2 Mechanicsburg, PA 17055 Quentin Steidler 32 East Locust Street, Apartment 2 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 3 Mechanicsburg, PA 17055 Christopher Zeganelli 45 Sarasota Circle Carlisle, PA 17015 Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 BY: SHAPIRO & DENARDO, Laraine Colwell Legal Assistant eT , ?= _. C? ? . + ?? t 1 :.^? ?, "T` '?- _ _ ..?;y ?..?a. .? jY . 'Y m . ; r ? _3 ..,? ? "C SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF COURT OF COMMON PLI CUMBERLAND COUNTY NO.:08-4857 CIVIL TERM VS. Christopher Zeganelli and Occupants DEFENDANTS PURSUANT TO PA.R.C.P. 410 (b)(2) TO THE PROTHONOTARY: Kindly remove Christopher Zeganelli as a party Defendant in the above-ca tioned Action in Ejectment pursuant to Pa. R.C.P. 410(b)(2). Said individual is no longer in possession of the real property, which is the subject of the above-captioned action in ejectment as ev denced by the Sheriffs Return, a true and correct copy of which is attached hereto. SHAPIRO & DENARDO, BY: Le li6 J. Rase, Esquire Attorney for Plaintiff 06-27855 SHERIFF'S RETURN - REGULAR w CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL MICHELLE GUTSHALL Cumberland County,Pennsylva says, the within COMPLAINT ZEGANELLI CHRISTOPHER DEFENDANT , at 1148:00 at 43 SARASOTA CIRCLE CARLISLE, PA 17015 Sheriff or Deputy Sheriff f nia, who being duly sworn accor ing to law, - EJECTMENT was served upon the HOURS, on the 2nd day of October 2008 LOT 167 by handing to a true and attested copy of COMPLAINT - EJECTMENT So Answers: and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 5.00 .00 10.00 33.00 day together with R. Thomas Kline 11/07/2008 SHAPIRO & DENARDO By: Deputy riff A. D. .t SHAPIRO & DeNARDO, LLC j BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF vs. Christopher Zeganelli and Occupants DEFENDANTS ; COURT OF COMMON PLl CUMBERLAND COUNTY NO.:08-4857 CIVIL TERM CERTIFICATION I hereby certify that a copy of the Praecipe to Remove Parry Defendant in the abo` Ejectment Action was mailed to the removed party. Said Notice was sent to the following party by regular mail, postage prepaid on, 0ye,n be.,c3 , 20tX Occupants 32 East Locust Street, Apartment 1 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 2 Mechanicsburg, PA 17055 Quentin Steidler 32 East Locust Street, Apartment 2 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 3 Mechanicsburg, PA 17055 Christopher Zeganelli 45 Sarasota Circle Carlisle, PA 17015 Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 BY SHAPIRO & DENARDO, d) C?/Lu-cnta Laraine Colwell Legal Assistant captioned C. ?a -rt rr. rn SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as COURT OF UUMMUN FLLAJ Trustee for the registered holders of EquiFirst CUMBERLAND COUNTY Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 NO.: 08-4857 Civil Term PLAINTIFF VS. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS AMENDED MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, SHAPIRO & DeNARDO, LLC, moves this Honorable Court for an Order directing service of the Complaint in Ejectment and all subsequent pleadings upon the above-captioned Defendant, Occupants, by regular mail and certified mail and by posting of the subject premises which is the subject of the above-captioned ejectment action and in support thereof avers the following: On August 13, 2008, Plaintiff commenced this Ejectment action. Plaintiff named Christopher Zeganelli as a defendant because he was the former Occupant of one of the units in the subject property, which is 32 East Locust Street, Mechanicsburg, PA 17055 (the "Property"). Plaintiff also named "Occupants" as a defendant. 3. On October 2, 2008 Plaintiff effectuated service upon Defendant Christopher Zeganelli at an alternate address. A true and correct copy of the return of service is attached hereto as Exhibit "A." 4. On October 3, 2008 Plaintiff effectuated service upon Defendant Occupant Quintin Steidler in the Second Apartment of the property. A true and correct copy of the return of service is attached hereto as Exhibit "B." 5. Plaintiff has removed Christopher Zeganelli as a Defendant since he is no .1 longer in possession of the Property and indexed Quintin Steidler as a Defendant since he is in possession of the property. 6. Plaintiff attempted to serve the defendant, Occupants, in the First and Third Apartments of the Property. 7. Plaintiff did not locate the Occupants of the First and Third Apartments at the Property. True and correct copies of the Plaintiff's Returns of Service are attached hereto as Exhibit "C." Plaintiff is unable to perform a Good Faith Investigation on Defendant, Occupants, as their identity is unknown to Plaintiff. 9. No Judge has ruled upon any other issue in this matter. 10. No concurrence has been sought on this Motion by opposing counsel as the interested parties are not represented by counsel. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Ejectment and all subsequent pleadings by regular mail and certified mail and by posting of the subject premises located at 32 East Locust Street, Apartment 1, Mechanicsburg, PA 17055 and 32 East Locust Street, Apartment 3, Mechanicsville, PA 17055. SHAPIRO & DeNARDO, LLC BY: eslie J. Rase, Esquire Attorney for Plaintiff 06-27855 ell N Nov 0 5 200 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-4857 Civil Term vs. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS ORDER AND NOW, this I?* , day of Atsvc,,(v , 2008 upon consideration of Plaintiffs Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Ejectment and all subsequent pleadings that require personal service only, on the Defendant, Occupants, only, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Ejectment and all said subsequent pleadings by certified mail and regular mail to the last known address of the Defendant, Occupants, only, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Ejectment or said subsequent pleading on the most public part of the property located at 32 East Locust Street, Apartment 1, Mechanicsburg, PA 17055 and 32 East Locust Street, Apartment 3, Mechanicsville, PA 17055, which is the subject of this action in ejectment. _ pif+[d7l7.? t? . --"317'3hS 4 b Ljj- 7. •? , CIO -- 8p S? ll t rr , r c 3.'41r!? ,., {/ 'A 91 4ON 461--1 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF vs. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-4857 CIVIL TERM PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action Ejectment in the above-captioned matter. SHAPIRO & DENARDO, LLC BY: Leslie J. Rase, Esquire 06-27855 Attorney for Plaintiff `?, t t? ' t C :. CD 7 SHERIFF'S RETURN - REGULAR I CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANT the DEFENDANT , at 0019:24 HOURS, on the at 32 EAST LOCUST STREET APT 3 MECHANICSBURG, PA 17055 POSTED PER COURT ORDER AT APT 3. 9th day of December , 2008 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 18.00 Service 9.90 Affidavit .00 Surcharge 10.00 Postin 6.00 /211516-9 43.90 So Answers: R. 'Thomas Kline 12/10/2008 SHAPIRO Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZEGANELLI CHRISTOPHER ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANTS the DEFENDANT , at 0019:24 HOURS, on the 9th day of December , 2008 at 32 E LOCUST ST APT 1 MECHANICSBURG, PA 17055 by handing to POSTED PER COURT ORDER AT APT 1. 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 Posting iall5ler (?- So Answers: 6.00 .00 .00 10.00 MTh ine 6.00 22.00 12/10/2008 SHAPIRO & DENARDO Sworn and Subscibed to By: before me this day of A.D. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF VS. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS COURTOF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-4857 Civil Term AFFIDAVIT OF SERVICE I, Laraine Colwell, the undersigned, being duly sworn according to law, hereby depose and say that on the f day of 2008, pursuant to the attached Order of Court, attached as Exhibit "A", I served a true and correct copy of the Complaint in Ejectment in the above captioned matter to the Defendant by certified and regular mail, to their last known address of: Occupants 32 East Locust Street, Apartment 1 Mechanicsburg, PA 17055 Occupants 32 East Locust Street, Apartment 3 Mechanicsburg, PA 17055 SHAPIRO & DeNARDO, LLC BY SWORN AND SUBSCRIBED Before me this 51-day of Sr P?ublic ?1 "UI rUX 4 i Ul Shurkt3y v r.:ry PubltC . madon l wp., MQl ,. , rery mac:. ity 1! 1 (I---? LISP 00 Laraine Colwell Legal Assistant to Attorney for Plaintiff 1__P I .ontni ^^. x{;ir xt.lti12010 rv4 I Y SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF vs. Quintin Steidler and Occupants 32 East Locust Street Mechanicsburg, PA 17055 DEFENDANTS ORDER NOV. 05 ?0(> C COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-4857 Civil Term AND NOW, this _LST,"day of 08 upon consideration of Plaintiffs Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Ejectment and all subsequent pleadings that require personal service only, on the Defendant, Occupants, only, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Ejectment and all said subsequent pleadings by certified mail and regular mail to the last known address of the Defendant, Occupants, only, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Ejectment or said subsequent pleading on the most public part of the property located at 32 East Locust Street, Apartment 1, Mechanicsburg, PA 17055 and 32 East Locust Street, Apartment 3, Mechanicsville, PA 17055, which is the subject of this action in ejectment. ?:9r :col, i hot . •. Y Cy'. i? V? I44l Siit EX h; b,•? •'a?? BY THE COURT: ?. a ,. ? ?? ? oo ID ;d?a?ab uJn;ab A,N m GA110 pa40lJ W N? o m HO a a Bu lpueH N a u?l;6WJ ?W- LL " " uo1 N o W S v INTl v o to o O c > ti_ d ;v t E ag: m oil tit m a?i Q=8?0 LL 0 a m m ° E c c d o FWF m ? C U U m ??rr d a c G P 2 d w tr??? w ?o do [3[3[3[3 CO .r ? «r c v? vi 0 V •2 m (q v .a o U 2 aW =W E o.gfl 1 0M SM 0?Lb [300131 a r U 091-6 29'CL 0000 OT92 9004 a ?m cU • le 10 ?x? o IZyen(4 E Z Q LO co V-: 9 N vi F6 )f LL UT 2 t4L d a °$ m g .6 '- U QE 0`c a ?m E ? d J h Q 3'z a ?O O:t• ? m a 0 J9 c N a„ o o E a a N m .? Lt. o? M N a H J ¦ t ¦ w ¦ C ? m [ . ? r-- Cti -C L--,- --& SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27855 Deutsche Bank National Trust Company, as ; Trustee for the registered holders of EquiFirst Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3 PLAINTIFF VS. ; Quintin Steidler and Occupants DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-4857 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC BY: Le ie J. Rase, Esquire Attorney for Plaintiff DATED: LI & - S CERTIFICATE OF SERVICE I, Leslie J. Rase, Esquire, hereby certify that on Algz-, - I aAQQ S I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Quintin Steidler 32 East Locust Street Apartment 2 Mechanicsburg, PA 17055 Occupants 32 East Locust Street Apartment 1 Mechanicsburg, PA 17055 Occupants 32 East Locust Street Apartment 2 Mechanicsburg, PA 17055 Occupants 32 East Locust Street Apartment 3 Mechanicsburg, PA 17055 SHAPIRO & DENARDO, LLC BY: Les 1W se, Esquire Attorney for Plaintiff FLED-ORFICE OF THE PROT1,40NCTARY 2009 APR -8 AM 10: {6 PENNSYLVANIA