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HomeMy WebLinkAbout04-1508IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff} VS. Bruce G. Toole, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 AND THE DEFENDANT IS: 116 4't' Avenue New Cugab~erland, PA 17030~ ATTOR~NEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Borough of New' Cumberland (CITY, B~O~O, TOWNSHIP~)~ . (WARD) ATTORNL'~'/FOR PLAINTIFF CIVIL DIVISION TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN EJECTMENT FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June l, 1999, Series 1999-2 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff, VS, Bruce G. Toole, Defendant. ) CIVIL DIVISION ) ) ) NO.: ) ) ) ) ) ) ) ) NOTICE TO DEFEND You have been sued in court, if you wish to defend against the claim 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 ajudgment 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 plaintifI: You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HiRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff, VS. Bruce G. Toole, Defendant. CIVIL DIVISION CIVIL ACTION - COMPLAINT 1N EJECTMENT LaSalle Bank, N.A., f/k/a LaSalle National Bank as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Ejectment, as follows: 1. Plaintiff is a lending institution duly authorized to conduct business in the Commonwealth of Pe~msylvania with a place of business located at 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038. 2. The Defendant, Bruce G. Toole, is an individual whose last known address is 116 4m Avenue, New Cumberland, PA 17070 3. On or about March 3, 2004, the real property and improvements thereon commonly known as 116 4~h Avenue, New Cumberland, PA 17070 (hereinafter "Premises") were sold to Plaintiff pursuant to the Sheriff's Sale in Cumberland County. A true and correct copy of the legal description of said property is marked as Exhibit "A", attached hereto and made a part hereo£ 4. At the time of the Sheriff Sale, Defendant was occupying the Premises. 5. Plaintiff; by virtue of said Sheriff's Sale, is the owner of the Premises and therefore right to immediate possession and title to the Premises is in Plaintiff and not in Defendant. 6. On March 16, 2004, counsel for Plaintiff sent written notice to the Defendant to vacate the Premises on or before March 31, 2004. A true and correct copy of said Notices are marked Exhibit "B", attached hereto and made a part hereof. 7. Defendant is unjustly and unlawfully occupying, using and enjoying the Premises without right and to the detriment of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant(s) for possession of the Premises known as 116 4'~ Avenue, New Cumberland, PA 17070, together with such other relief as this Honorable Court may deem necessary. GRENEN & B1RSIC, P.C. BY: Kris~dfie M. Anjou, Esquire PA ID. #77991 Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAiN lot or piece of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated August 17, 1966, as follows to wit: BEGINNiNG at a point on the Southeasterly side of Fourth Alley, said point being 23 feet Southwest of the Southeasterly side of Walnut Alley; thence extending along premises known as 114 Fourth Alley and passing through the center of a partition wall South 51 degrees East 50 feet to a point; thence South 39 degrees West 51 feet to a point; thence North 51 degrees West 50 feet to a point on the Southeasterly side of Fourth Alley aforesaid; thence along the same North 39 degrees East 51 feet to the point and place of BEGINNING. BEiNG known and number as 116 Fourth Avenue, New Cumberland, PA. EXHIBIT B GRENEN & BIRSIC, P.C. ATTORNEYS AT LAW ONE GATEWAY CENTER NINE W~ST PITTSBURGH, PA 15222 (412) 281-7650 FAX (412} 281-7657 EMAIL KANTHOU (~G RENENBIK'glC.COM March 16, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED AND FIRST CLASS MAIL. POSTAGE PREPAID Bruce G. Toole or Current Occupant 116 4' Avenue New Cumberland, PA 17070 RE: NOTICE TO VACATE Dear Mr. Toole or Current Occupant: As you may be aware, this firm represents LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, the property at a sale conducted by the Sheriff of Cumberland County on March 3, 2004 Accordingly, LaSalle is now the record title owner of the property. Our client has recently informed me that you remain on this property. The purpose of this letter is to notify you that you must vacate the premises on or before fifteen (15) days from the date of this letter. If you fail to vacate the premises on or before that date, LaSalle will institute formal legal action to have you removed from the premises. I trust that such will not be necessary. If you have any questions, please feel free to contact me. Very truly yours, Kristine M. Anttlou U,S. POSTAL SERVICE CERTIFICATE OF MAILING PS Fo~ ~t7, Janua~ 2001 VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C,S.A. § 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. SHERIFF'S RETURN CASE NO: 2004-01508 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK N A VS TOOLE BRUCE G - NOT SERVED R. Thomas Kline according to law, the within named DEFENDANT TOOLE BRUCE G unable to locate Him COMPLAINT - EJECTMENT , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for to wit: in his bailiwick. He therefore returns but was the the within named DEFENDANT , TOOLE BRUCE G NOT SERVED , as to 116 4TH AVENUE NEW CUMBERLAND, PA 17070 UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. PER NEIGHBOR, DEFENDANT IS RARELY THERE. Sheriff's Costs: Docketing 18 Service 35 Affidavit Surcharge 10 63 00 19 00 00 00 19 So answers ~.~-~ R. Thomas Kline Sheriff of Cumberland County GRENEN & BIRSIC 05/07/2004 Sworn and subscribed to before me IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, VS. Plaintiff, Bruce G. Toole, Defendant. CIVIL DIVISION NO.: 04-1508 Civil Term MOTION FOR SERVICE OF COMPLAINT IN EJECTMENT PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, LaSalle Bank, N.A., fJk/a LaSalle National Bank, as Truste under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, by and through its attorneys, Grenen & Birsic, P.C., and files the within Motion for Special Service of Civil Action - Complaint in Pursuant to Special Order of Court, under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On April 8, 2004, Plaintiff filed a Civil Action, Complaint in Ejectment against the Defendant, Bruce G. Toole, at the above term and number. 2. On or about April 8, 2004, Plaintiff delivered to Sheriff of Cumberland, a copy of the Civil Action, Complaint in Ejectment, with instructions that it be served upon Defendant at the last known address being 116 Fourth Avenue, New Cumberland, PA 17070. 3. On or about May 7, 2004, Sheriff of Cumberland notified Plaintiff that they were unable to serve Defendant at 116 Fourth Avenue, New Cumberland, PA 17070., with a copy of the Complaint since Defendant could not be found at said address. A true and correct copy of Sheriff's return is marked Exhibit "A", attached hereto and made a part hereof. 4. An Affidavit of the Plaintiffstating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, Bruce G. Toole, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff of Cumberland County. to post a copy of the Complaint on the property at 116 Fourth Avenue, New Cumberland, PA 17070, and permit the Plaintiffto serve Defendant, Bruce G. Toole, by mailing a true and correct copy of the Complaint by certified mail, return receipt requested and by first class mail, postage pre-paid to 116 Fourth Avenue, New Cumberland, PA 17070. Service of the Complaint shall be deemed complete and valid upon posting and mailing by the Plaintiff. BY: GRENEN & BIRSIC, P.C. Kristine Mi Antho/u, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh,, PA 15222 (412) 281-7650 EXHIBIT "A" SHERIFF'S RETU~ - NOT SERVED ,~ASE NO: 2004-01508 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK N A VS TOOLE BRUCE G R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: TOOLE BRUCE Gbut was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT , TOOLE BRUCE G NOT SERVED , as to 116 4TH AVENUE NEW CUMBERLAND, PA 17070 UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. PER NEIGHBOR, DEFENDANT IS RARELY THERE. Sheriff,s Costs: Docketing 18.00 Service 35.19 Affidavit .00 Surcharge 10.00 .00 63.19 So answe{~ ,, ~.~i~3~ r ~ R. Thomas KlinA / Sheriff of Cumberland County GRENE~ & BIRSIC 05/07/2004 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff, VS. Bruce G. Toole, Defendant. ) CIVIL DIVISION ) ) NO.: 04-1508 Civil Term ) ) ) ) ) ) ) ) ) AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C., attorneys for Plaintiff, deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Bruce G. Toole, named in the above-captioned matter: 1. On or about May 1 I, 2004, Plaintiff mailed to the United States Postmaster at New Cumberland, Pennsylvania 17070, a certain Request for Change of Address or Boxholder Information Needed for Service of Legal Process for Defendant. 2. On or about May 17, 2004, Plaintiff received a response from the aforementioned United States Postmaster stating that there is no change of address order on file and that mail is deliverable at 116 Fourth Avenue, New Cumberland, PA 17070.. A true and correct copy of said response is marked Exhibit "1 ", attached hereto and made a part hereof. 3. A search of a nationwide computer database found a current address of 116 Fourth Avenue, New Cumberland, PA 17070 for Defendant, Bruce G Toole. A true and correct copy of said response is marked Exhibit "2", attached hereto and made a part hereof 5. The Defendant is listed in the Cumberland Area telephone directory. A true and correct copy of said response is marked Exhibit "3", attached hereto and made a part hereof 6. A search of the Cumberland County Voter Registration records revealed that Defendant is registered to vote in Cumberland County. A true and correct copy of said response is marked Exhibit "4", attached hereto and made a part hereof Finally, affidavit deposes and says that the last known address of Defendant, Bruce G. Toole, is 116 Fourth Avenue, New Cumberland, PA 17070. Kristine M. Antl~ou, Esquire SWORN to and subscribed before me this i~' .t-~- day of_ Hox,~ ,2004. % . OrA ; U UC COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Ge~a~ L, Potter, Jr., Notary Public City Of Pitlsburgh, Allegheny County My Commission Expires Dec. 10, 2007 Member, Pennsylvar~ia Association Of Notaries Exhibit "1" Postmaster New Cumberland, PA 17070 City, State, ZIP Code Date May 11, 2004 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (ifa box holder) for the following: Name: Bruce G. Toole Address: 116 4tb Avenue, New Cumberland, PA 17070 NOTE: The name and last known address are required for changb of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal 2 Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: LaSalle Bank, N.A., et al., v. Bruce G. Toole 4. The court in which the case has been or will be heard: Cumberland County 5. The docket or other identifying number if one has been issued:04-1508 Civil Term 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFOR/VIATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature Melissa M. Salaga Printed Name Grenen & Birsic, P.C., One Gateway Center, Nine West, Pittsburgh, PA 1:5222 (412) 281-7650 FOR POST OFFICE USE ONLY NNO change ofaddress order on file. otknownat address given. __Moved, left no forwarding address __No such address. POSTMARK NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS Exhibit "2" Search - i Result - Source Document(s) Page 1 of 1 Source: Sources >/... / · AIIsrc Terms: Source Document(s) TOOLE, BRUCE G THIS DATA IS FOR INFORMATIONAL PIL/RPOSES ONLY PERSON LOCATOR - P-SRCH Name: TOOLE, BRUCE G Social Security Number: 169-46-XXXX Address: 116 4TH AVE AVE NEW CUMBERLAND~ PA 17070 Address Created: 9/1990 Previous Addresses: 6 4TH AV NEW CUMBERLAND, PA 17070 Address Created: 5/1999 3023 HARVARD AVE CAMP HILL~ PA 17011 Address Created: 4/1990 Birthdate: 1952 Source: Sources ·/... / · AIIsrc Terms: Source Document(s) View: Full Date/Time: Tuesday, May 11,2004 - 8:59 AM EDT ~bo~ LexiANe×i~ I Terms ~nd C~ndi!!ons Copyright© 2004 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. httP://v~vw~exis~c~m~research/ret~ieve?-m=69e~b4a5d584d£cc558be4ed£c8a8c6£&csvc=b~ 5/11/2004 Exhibit "3" Exhibit "4" Search - 1 Result - Source Document(s) Page 1 of 2 Source: Sources ·/... / · AIIsrc Terms: Source Document(s) TOOLE, BRUCE G THIS DATA IS FOR INFORMATIONAL PIJRPOSES ONLY PENNSYLVANIA VOTER REGISTRATIONS Name: TOOLE, BRUCE G Address: 116 4TH AVENUE NEW CUMBERLAND, PA 17070 County: CUMBERLAND Date of Birth: 1/1/1951 Gender: MALE Registration Number: A422441 Party Affiliation: NON-PARTISAN Registration Date: 1/1/1979 Congressional District: 19 State Senate District: 31 State House District: 088 Precinct: NEW CUMBERLAND 1-1 GENERAL ELECTION 2000: VOTED GENERAL ELECTION 1998: VOTED VOTER INFORMATION VOTING HISTORY Source: Sources ·/.../·A src11 Terms: Source Document(s) View: Full Date/Time: Tuesday, May 11,2004 - 9:00 AM EDT About LexisNexis I Terms and Conditions Copyright © 2004 LexisNexis, a division of Reed Elsevier inc. All rights reserved. http://www.lexis.comJresearch/retrieve?_m=ff34c43 ea80a29e ] 8 fad3c f2d 1 dcf9cd&csvc=bl... 5/11/2004 CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the within Motion for Service of Complaint in Ejectment Pursuant to Special Order of Court was mailed to the following on this I qvfl day of ~[t?x.k/ Brace G. Toole 116 Fourth Avenue New Cumberland, PA 17070 2004, by first class U.S. Mail, postage pre-paid: GRENEN & BIRSIC, P.C. Kristine M. Anth/ou, Esquire Attorneys fbr Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 I'tAY 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/kJa LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff, VS. Bruce G. Toole Defendant. ) CIVIL DIVISION ) ) NO.: 04-1508 CivilTerm ) ) ) ) ) ) ) ) ) ORDER 6~g COURI] AND NOW, to wit, this I ~ dayof~~ ,2004, upon consideration of the within Motion for Special Service of tlhe Complaint in Ejectment Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Defendant, Bruce G. Toole, with a true and correct copy of Plaintiff's Complaint, by causing Cumberland County Sheriff' to post the real property, being 116 Fourth Avenue, New Cumberland, PA 17070, and Plaintiff is permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre-paid at 116 Fourth Avenue, New Cumberland, PA 17070. Service on the Defendmat shall be deemed complete and valid upon such posting and mailing by the Plaintiff. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June l, 1999, Series 1999-2, VS. Plaintiff, Bruce G. Toole, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CWIL DIVISION NO.: 04-1508 Civil Term PRAECIPE TO REINSTATE C1V1L ACTION - COMPLAINT IN EJECTMENT TO: PROTHONOTARY Kindly reinstate the Civil Action - Complaint irt Ejectment with respect to the above-referenced matter and mark the docket accordingly. GRENEN & B1RSIC, P.C. A~o~eys for t~laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N,A., f/kfa LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff, VS. Bruce G. Toole, CIVIL DIVISION NO.: 04-1508 Civil Term TYPE OF PLEADING: Proof of Service Defendant, FILED ON BEHALF OF: LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2. COUNSEL OF RECORD FOR THIS PARTY: Kfistine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, CIVIL DIVISION NO: 04-1508 Civil Term Plaintiff, VS. Bruce G. Toole, Defendant, PROOF OF SERVICE Kristine M. Anthou, Attorney for Plaintiff, LaSalle Bank, N.A., et al. being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs Complaint in this matter on Defendant, Bruce G. Toole: 1. Pursuant to Order of Com't dated June 1, 2004 service of the Complaint in Ejectment upon Defendant was deemed complete and valid upon mailing by the Plaintiff by certified mail, return receipt requested, and by first class mail, postage prepaid, addressed to 116 Fourth Avenue, New Cumberland, PA 17070, and byposting of a copy of the Complaint, by Cumberland County Sheriffat the property located at 116 Fourth Avenue, New Cumberland, PA 17070. A true and correct copy of said Order of Court is marked Exhibit "A", attached hereto and made a part hereof. 2. On June 23, 2004, Plaintiff mailed the Complaint in Ejectment to Defendant, Bruce G. Toole, at 116 Fourth Avenue, New Cumberland, PA 17070, by certified mail, return receipt requested and by first class mail, postage prepaid. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7002 3150 0000 8711 8799 and the Certificate of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B', attached hereto and made a part hereof. 3. On or about June 16, 2004, Cumberland County Sheriff, posted the Complaint on the property located at 116 Fourth Avenue, New Cumberland, PA 17070. A true and correct copy of the Sheriffs Return is marked Exhibit "C", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. BY: GRENEN & BIRSIC, P.C. Kristine M. AnthoU, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS~AY OF ~.x~,~ .2004. Notary Public COMMONWEALTH OF PENNSYLVANIA Pa~icia A, Townsend, Notary Pul:~c: Oty Of Pittslx~h, ~dlegheny County My Commissi~ Expires June 2, 2007 Member, Peonsyfvenia Asso~af~on Of Notarh~s , Exhib.it "A'__~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff; VS. Bruce G. Toole De£endant. ) CIVIL DIVISION ) ) NO.: 04-1508 Civil Term ) ) ) ) ) ) ) ) ) ORDER OF COURT AND NOW, to wit, this day of ~ ~. ,2004, upon consideration of the within Motion for Special Service of the Complaint in Ejectment Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Defendant, B~ce G. Toole, with a true and correct copy of Plaintiff's Complaint, by causing Cumberland County Sheriff to post the real property, being 116 Fourth Avenue, New Cumberland, PA 17070, and Plaintiff is permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre~paid at 116 Fourth Avenue, New Cumberland, PA 17070. Service on the Defendant shall be deemed complete and valid upon such posting and mailing by the Plaintif£ TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and. the seal of said Court at Carlisle, P& , BY THE COURT: Exhibit "B" US. POSTAL S£RVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAiL DOES NOT One Gateway Ht[sbur¢ PA 15222 Exhibit "C '~" CASE NO: 20 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK N A VS TOOLE BRUCE G DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon TOOLE BRUCE G the DEFENDANT , at 1240:00 HOURS, on the 16th day of June , 2004 at 116 4TH AVENUE NEW CUMEERLA/qD, PA 17070 POSTEE PROPERTY AT a by handing to 116 4TH AVE NEW CUMBERLAND 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 11.73 Posting 6.00 Surcharge 10.00 .00 45.73 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 06/17/2004 GRENEN & BIRSIC Eeputy' Sheriff ~/ CERTIFICATION OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Proof of Service was mailed by U.S. First Class Mail, postage pre-paid, on the o~ ~ Day of '3-01 ,~ ,2004, to the following: Brace G. Toole 116 Fourth Avenue New Cumberland, PA 17070 BY: GKENEN & BIRSIC, P.C. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N,A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, CWIL DIVISION NO.: 04-1508 Civil Term Plaintiff, VS. Bruce G. Toole, TYPE OF PLEADING Defendant. PRAECIPE FOR DEFAULT JUDGMENT (Ejectment) FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreemem Dated June 1, 1999, Series 1999-2 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412)281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f&da LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, CWIL DWISION NO.: 04~1508 Civil Term Plaintiff, VS. Brace G. Toole, Defendant. PRAECIPE FOR DEFAULT JUDGMENT IN EJECTMENT TO: PROTHONOTARY SIR/MADAM: Please enter a de£ault judgment in the ejectment against Defendant, Brace G. Toole for possession of the premises known as 116 Fourth Avenue, New Cumberland, PA, 17070. BY: GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERT~ICATE OF MAIL1NG OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for and authorized representative of Plaintiffwho, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this..~ay of ,2004. Notary Public COMMONWEALTH OF PENNSYLVANtA Notarial Seal Pabic~a A. Townsend, Notary Pul:Y~c City Of Pittsbumh, Allegheny C, eunt~ My O0mmission ~ire~ June 2, 2007 IN THE COURT OF COMMON PLEAS OF LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June I, 1999, Series 1999-2, Plaintiff, VS. Bruce G. Toole, TO: Defendant. Bruce G. Toole 116 Fourth Avenue New Cumberland, PA 17070 CUMBI~RLAND. COUNTY, PENNSYLVANIA ) ) ) ) ) ) ,) ) ) ) ) ) ,CIVIL DIVISION NO.: 04-1508 Civil Term DATE OF NOTICE: July 13, 2004 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 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, GO TO OR TELEPHONE THE OPFICE 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990~9108 GRENEN & BIRSIC, P.C. By: FIRST CLASS MAIL, POSTAGE PREPAID Kri~tine M. Anthou, Esquire Pa. I.D. # 77991 Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, CiVIL DiVISION NO.: 04-1508 Civil Term Plaintiff, VS. Brace G. Toole, Defendant. ISSUE NUMBER: TYPE OF PLEADING: Praecipe for Writ of Possession CODE- FILED ON BEHALF OF PLAINTII~F: LaSalle Bank, N.A., f/kJa LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff, CIVIL DIVISION NO.: 04-1508 Civil Term VS. Brace G. Toole, Defendant. PRAECIPE FOR WRIT OF POSSESSION TO: PROTHONOTARY Kindly issue a Writ of Possession in the above-captioned matter for the premises known as 116 Fourth Avenue, New Cumberland, PA, 17070 located in the borough of New Cumberland, County of Cumberland, Pennsylvania and more particularly described in Plaintif? s Complaint in Ejectment filed in the instant proceeding. BY: GRENEN & BIRSIC, P.C. Kris~"n~e M.~ Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DA'£~9 JUNE 1, 1999, SERIES 1999-2 VS. BRUCE G. TOOLE No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1508 Civil Term Term Costs Att'y. $ 188.42 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Ctanberland 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: LASalle Bank, N.A., f/k/a LASalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2 Plaintiff(s) being: (Premises as follows): 116 Fourth Avenue New Cumberland, PA 17070 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Dat~uly 30, 2004 (SEAL) Curtis R. Lon§ Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this day of Prothonotary So Answers. Sheriff Deputy WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUST~ Lr~DER THE I~DOLING Ah~ SERVICING AGREEMENT DAT~3 JUNE 1, 1999, SERIES 1999-2 VS. BRUCE G. TOOLE No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1508 Civil Term Term Costs Att'y. $ 188.42 Pl'ff (s) $ Prothy. $ 1.00 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: LASalle Bank, N.A., f/k/a LASalle National Bank, as Trustee under the Pooling and Servicinq Aqreenent Dated June 1, 1999, Series 1999-2 being: (Premises as follows): Plaintiff(s) 116 Fourth Avenue New C~nberland, PA 17070 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Dat~uly 30, 2004 (SEAL) Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy By virlue of this writ, on the 25th day' of August_ I caused the within named LaSalle Bank, N.A., et. al. have possession of the premises described ~iR~j~i}II~R~R~:~.Y~X Sheriff's Return Docketing 18.00 Proth 1 O0 Poundage 1 56 Milage 12 58 Possession 30 00 Surcharge 10 00 Posting 6 O0 79 14 200~ 116 Fourth Ave, New Cumberla Advance Costs: ~h-~Yif~'s Costs 150.OO 791]~ 70.86 Refunded to Atty on 8/26/04 Sworn and subscribed to befo~¢ this day of /