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HomeMy WebLinkAbout08-6522 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, CIVIL DIVISION NO. C9 - (oSaoZ a;V'( term COMPLAINT IN EJECTMENT Plaintiff, VS. Code: EJECTMENT Filed on behalf of Plaintiff Counsel of record for this party: JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. Defendants. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 COMPLAINT IN EJECTMENT 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, : NO: of- 4,<2.7- C? Plaintiff, : vs JAMES A. SALISBURY, II AND/OR TENANT/OCCUPANT, Defendants. COMPLAINT IN EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiff is a corporation having a principal place of business located at 150 Allegheny Center, Pittsburgh, PA 15212. 2. The Defendants are individuals, sui juris, whose last known address was 3 Woodland Drive, Newville, PA 17241. 3. On October 31, 2005, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of One Hundred Twenty Eight Thousand and 00/100 ($128,000.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on November 3, 2005, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1929, page 4101. 4. The premises secured by the mortgage (hereinafter "the Property") are described in the document that is attached hereto, made a part hereof, and called Exhibit "A". 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia, to take possession of the Property and to foreclose the mortgage. 6. Since September 1, 2006, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Cumberland County at No. 07-6635, and ultimately a sheriffs sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on September 3, 2008. 8. By deed dated October 10, 2008 and to be recorded, the sheriff conveyed the property to Plaintiff. Deutsche Bank, or its subrogree pursuant to a policy of mortgage insurance under the National Housing Act. 9. Plaintiff, Deutsche Bank, or its subrogee pursuant to a policy of mortgage insurance under the National Housing Act has the right to immediate possession of the Property. 10. Defendant(s) and/or all other occupants continue to occupy the Property. 11. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Paragraph 3 hereof. WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the Plaintiff, Deutsche Bank, for sole possession of the Property and vesting the title of said premises in the Plaintiff. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. By: -27L ?*- - Louis P. Vitti, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the Southwestern corner of Lot No. 4 on the hereinafter mentioned plan of lots, on the line of land now or formerly of William C. Bistline; thence along the latter, South 24 degrees 05 minutes 47 seconds East, a distance of 300.00 feet to an iron pin on the line of land retained by the Grantor herein; thence along the later, North 62 degrees 23 minutes 00 seconds East, a distance of 260.00 feet to an iron pin on the Western side of a 20.00 feet wide private right-of-way; thence along the latter, North 24 degrees 05 minutes 47 seconds West, a distance of 300.00 feet to an iron pin at the Southeastern corner of Lot No. 5 on said plan; thence along the latter, South 62 degrees 23 minutes 00 seconds West, a distance of 260.00 feet to an iron pin, the place of beginning. HAVING erected thereon a dwelling known as 3 Woodland Drvie, Newville, PA 17241. PARCEL NO. 43-04-0387-069. BEING the same premises which James A. Salisbury and Barbara J. Salisbury, a married couple, by Deed dated 10/31/2005 and recorded 11/03/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3974, granted and conveyed unto James A. Salisbury, II. _ _ :f 97 03 -0 d O n S. a ? •yw ? f . •,? j -ra r - CI tQ SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06522 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SALISBURTY JAMES A ET AL 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: SALISBURY JAMES A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOTICE NOT SERVED , as to the within named DEFENDANT SALISBURY JAMES A 3 WOODLAND DRIVE NEWVILLE, PA 17241 DEFENDANT WAS HOME AT TIME SERVICE WAS ATTEMPTED, BUT HE REFUSED TO ANSWER THE DOOR. NINE ATTEMPTS AT SERVICE WERE MADE. Sheriff's Costs: So answer s Docketing 18.00 Service 32.40 Affidavit .00 R. Thomas K1 ' Surcharge 10.00 Sheriff of Cu mberland County / 00 60.40 LOUIS P. VITTI & ASSOC. 12/03/2008 Sworn and Subscribed to befo re me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06522 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SALISBURTY JAMES A ET AL 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: TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOTICE NOT SERVED , as to the within named DEFENDANT , TENANT/OCCUPANT 3 WOODLAND DRIVE NEWVILLE, PA 17241 IT IS UNKNOWN IF THERE ARE ANY OCCUPANTS OTHER THAN THE DEFENDANT AT THE ABOVE ADDRESS. DEFENDANT REFUSES TO ANSWER DOOR. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answers l R. Thomas Kline Sheriff of Cumberland County LOUIS P. VITTI & ASSOCIATES 12/03/2008 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, CIVIL DIVISION NO. 08-6522 MOTION FOR SPECIAL SERVICE vs. JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Defendants. Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 412-281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NOTICE OF PRESENTATION TO: James A. Salisbury Tenant/Occupant 3 Woodland Drive Newville, PA 17241 Take notice that the within Motion for Special Service pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure will be presented before the Motions Judge, Cumberland County, Carlisle, Pennsylvania, as unopposed unless a responsive pleading is filed. LOUIS P. VITTI & ASSOC., P.C. BYX??, Cdr , . Louis P. Vitti, Esquire Attorney for Plaintiff 4. The Postmaster of Newville stated Defendant receives mail at 3 Woodland Drive, Newville, PA 17241. See Exhibit "B". An investigation report shows Defendant(s) last known address as 3 Woodland Drive, Newville, PA 17241. See Exhibit "C". 6. Efforts to effectuate service have met without success and service has been frustrated requiring presentation of this Motion. WHEREFORE, Plaintiff prays this Honorable Court enter an Order permitting service by ordinary mail to Defendant(s) last known mailing address and also by posting the property. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY: Louis P. Vitti, Esquire Attorney for Plaintiff PA ID 01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 Jan. 13. 2009 3:49PM SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06522 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SALISBURTY JAMES A ET AL NO, 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: SALISBURY JAMES A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOTICE NOT SERVED , as to the within named DEFENDANT , SALISBURY JAMES A 3 WOODLAND DRIVE NEWVILLE. PA 17241 DEFENDANT WAS HOME AT TIME SERVICE WAS ATTEMPTED, BUT HE REFUSED TO ANSWER THE DOOR. NINE ATTEMPTS AT SERVICE WERE MADE. Sheriff's Costs: So answer Docketing 16.00 -~' Service 32.40 Affidavit .00 R. Thomas Kl -- Surcharge 10.00 Sheriff of Cumberland County .00 50.40 LOUIS P. VITTI & ASSOC. 12/03/2008 Sworn and Subscribed to before me this day of A.p_ Jan. 13. 2009 3:49PM SHERIFF'S RETURN - NOT SERVED No. G70' CASE NO: 2008-06522 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE WANK NATIONAL TRUST VS 5ALISSURTY JAMES A ET AL r. ? 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: TENANT/OCCUPANT unable to locate Him in his bailiwick COMPLAINT - EJECTMENT NOTICE but was He therefore returns the the within named DEFENDANT 3 WOODLAND DRIVE NEWVILLE, PA 17241 NOT SERVED , as to , TENANT/OCCUPANT IT IS UNKNOWN IF THERE ARE ANY OCCUPANTS OTHER THAN THE DEFENDANT AT THE ABOVE ADDRESS. DEFENDANT REFUSES TO ANSWER DOOR. Sheriff's Costs: 'So answe _ .,.:• _ Docketing 6.00 Service .00 `?- Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 LOUIS P. VITTI & ASSOCIATES 12/03/2008 Sworn and Subscribed to before me this day of , A.D. r7. r LOUIS P. VITTI & ASSOCIATES, P.C. 916 Fifth Avenue Pittsburgh, PA 15219 PHONE: (412) 281-1725 FAX: (412) 281-3810 DATE: December 12. 2008 POSTMASTER NEWVILLE. PA 17241 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 (if a boxholder) for the following: Name: JAMES A. SALISBURY. 11 Address: 3 WOODLAND DRIVE. NEWVILLE, PA 17241 NOTE: The name and last known address are required for change 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 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 266.6(d)(1) and (2) and corresponding Administrative Support , Manua! 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 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): NIA 3. The names of all known parties to the litigation: Deutsche Bank, et al vs James A. Salisbury. It, et al 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued: 08-6522 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 INFORMATION 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. Louis P. Vitti, 44 Esquire 916 Fifth Avenue Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY ADDRESS or BOXHOLDER'S POSTMARK Not known at address given. No change of address order on file. NAME AND STREET ADDRESS J` Moved, left no forwarding address. E VV N? ;r No such address. Good as Addressed a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, NO: 08-6522 Plaintiff, vs JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Defendants. INVESTIGATION AFFIDAVIT PURSUANT TO PA.R.C P. NO. 430 Four Star Investigation sets forth the following: 1. Affiant and/or its agents have conducted an investigation to determine the whereabouts of the Defendant(s), JAMES A. SALISBURY, II, by making inquiries of or examining the following: a. Local telephone directory assistance has the following information: b. Department of Transportation - shows that the last known address for the Defendant(s) is/are: ti?f '?9', c? LAS ca cl r' ? 1.y?UD ?? C. Social Security Check: P )yZ)bLA "1? M I OC, &A-?U )2xqJ C.010 - d. Other (please explain): ?A-, -S k Al/k aF ? 2. Notwithstanding the investigation as set forth in this Affidavit, Affiant and/or its agents have not been able to locate the whereabouts of said Defendant(s) as shown above and by the attached exhibits. We verify that the statements made in this Affidavit are true and correct to the best of our knowledge, information and belief. We understand that false statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. FOUR STAR INVES'£IGATION BY: s Invesii or Commonwealth of Pennsylvania : SS. County of Allegheny On this the day of /l???lYl , 2008, before me the undersigned officer, personally appeared the Affiant, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. NOTARIAL SEAL SHERRY LI bUSE Notary NTN OF PtTTS8URGH. Ayes MaY 5O OTARY P IC My Commission Exp VERIFICATION NOW Louis P. Vitti verifies that the statements made in this Motion are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. X'0 BY: Louis P. Vitti Dated: January 13, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, : NO: 08-6522 Plaintiff, vs JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Defendants. CERTIFICATE OF SERVICE I, Louis P. Vitti, hereby certify that on the day of 2009, a true and correct copy of the within Motion for Special Service was served upon the following by Regular U.S. Mail: James A. Salisbury Tenant/Occupant 3 Woodland Drive Newville, PA 17241 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. BY- Louis P. Vitti, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, NO: 08-6522 Plaintiff, vs JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Defendants. ORDER OF COURT NOW, this day of , 2009, it appearing to the Court that the Sheriff has been frustrated in service of process, it is ORDERED, ADJUDGED and DECREED that service of the Complaint and all subsequent documents upon all Defendant(s) be accomplished by ordinary mail to Defendant(s) last known address and by posting the property by the Sheriff in order to effect compliance with Rule 400, et seq. and Rule 3129. 1, et seq. BY THE COURT: r ? }k ?u r a JAN 16 2009, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, : NO: 08-6522 Plaintiff, vs JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Defendants. ORDER OF COURT 1(?// NOW, this CAI day of , 2009, it appearing to the Court that the - 7--7 - I Sheriff has been frustrated in service of process, it is ORDERED, ADJUDGED and DECREED that service of the Complaint upon all Defendant(s) be. acc omplished by (17 (Z) ordinary mail to Defendant(s) last known address aw-by posting the property by the Sheriff in order L to effect compliance with Rule 400, et seq CIS 4CE A-' IL- tAd AV and Rule 3129.1, et seq 1' L/"1w in a ..a :zn C-i = r_ co Cl- 4?a - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, CIVIL DIVISION NO. 08-6522 PRAECIPE TO REINSTATE COMPLAINT IN EJECTMENT vs. JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Defendants. Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court ID #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, : NO: 08-6522 Plaintiff, vs JAMES A. SALISBURY, II AND/OR TENANT/OCCUPANT, Defendants. PRAECIPE TO REINSTATE COMPLAINT IN EJECTMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in ejectment in the above-captioned case. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. BY: Louis P. Vitti, Esquire DATE: January 28, 2009 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SALISBURTY JAMES A ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SALISBURY JAMES A the DEFENDANT , at 1955:00 HOURS, on the 3rd day of February-, 2009 at 3 WOODLAND DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 3 WOODLAND DRIVE NEWVILLE 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 18.00 Service 9.00 ct? Posting 6.00 ?/ . Surcharge 10.00 R. Thomas Kline .00 43.00 02/04/2009 LOUIS VITTI C Sworn and Subscibed to By: before me this day Deputy -Sheriff of A. D. CZ, ? ~ 1 . -- ! d j T - N U SHERIFF'S RETURN - REGULAR CASE NO: 2008-06522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SALISBURTY JAMES A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon TENANT/OCCUPANT the DEFENDANT , at 1955:00 HOURS, on the 3rd day of February-, 2009 at 3 WOODLAND DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 3 WOODLAND DRIVE NEWVILLE 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 Posting Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 ?-? 6.00 10.00 R. Thomas Kline .00 22.00 02/04/2009 LOUIS VITTI By: ` day Deputy Sheriff A.D. CO cwt c cr) ED Cl- +.? ?.?.. ?l T I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 CIVIL DIVISION NO. 08-06522 PROOF OF PUBLICATION Plaintiff, VS. JAMES A. SALISBURY AND/OR TENANT/OCCUPANT, Defendants. Code Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. -- '11, %?-- sa Marie Coyne, E itor -01 SWORN TO AND SUBSCRIBED before me this 6 day of February, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-6522 In Re: Deutsche Bank, et al. VS. James A. Salisbury, II, et al. COMPLAINT IN EJECTMENT You have been named as Defen- dants in a civil action instituted by Deutsche Bank, et al., against you in this Court. This action has been insti- tuted for eviction following the Sheriff Sale which occurred on September 3, 2008, of a Mortgage dated October 31, 2005, and recorded in the Re- corder's Office of Cumberland County in Mortgage Book Volume 1929, page 4101, on November 3, 2005. You are hereby notified to plead to the above-referenced Complaint within twenty (20) days from the date of publication of this Notice or a judg- ment will be entered against you. If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the Court. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. You should take this notice 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LOUIS P. VITTI, ESQUIRE LOUIS P. VITTI & ASSOCIATES, P.C. 916 Fifth Ave. Pittsburgh, PA 15219 (412) 281-1725 Feb. 6 C± c= ? co -s3 c ?°t rte= ?: L.T1 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, vs. CIVIL DIVISION NO. 08-6522 Civil PRAECIPE FOR DEFAULT JUDGMENT AND CERTIFICATION OF MAILING AND AFFIDAVIT OF NON-MILITARY SERVICE Code 040 EJECTMENT Filed on behalf of Plaintiff JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Defendants. Counsel of record for this parry: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, : NO: 08-6522 Civil vs JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Defendants. PRAFCIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY COUNTY PROTHONOTARY Please enter judgment for possession and/or ejectment as a result of the Defendants' failure to file an Answer and/or a responsive pleading for the property located at 3 Woodland Drive, Newville, PA 17241. LOUIS P. VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, vs JAMES A. SALISBURY, H, AND/OR TENANT/OCCUPANT, Defendants. CERTIFICATION OF MAILING NO: 08-6522 Civil I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 25, 2009, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 12th day of March, 2009. NOTARIAL SEAL SHERRY L HOUSE Notary Public Otary Publi CITY OF PITTSBURGH, ALLEGHENY COUNTY My COmmisslon Expires May 15, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, : MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, : Plaintiff, vs : NO: 08-6522 Civil JAMES A. SALISBURY, II AND/OR TENANT/OCCUPANT, Defendants. IMPORTANT NOTICE TO: James A. Salisbury Tenant/Occupant 3 Woodland Drive Newville, PA 17241 Date of Notice: February 25, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS P I & ASSOCIATES P.C. BY. y ` J,etis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY, BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. Louis P. Vitti, Esquire SWORN to and subscribed before me this 12th day of March, 2009. NOTARIAL SEAL SHERRY L HOUSE Notary PublIC Notary Public CITY OF PITTSBURGH, ALLEGHENY COUNTY My Comnnisaion Explrea May 15, 20T 1 0 ?^- V ip r E r'a 'E "t=, dry F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, CIVIL DIVISION NO. 08-6522 Civil PRAECIPE FOR WRIT OF POSSESSION AND AFFIDAVIT OF LAST KNOWN ADDRESS Plaintiff, Code 040 EJECTMENT VS. JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Defendants. Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, NO: 08-6522 Civil vs JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Writ of Possession in the above-captioned case for the property situate in in Upper Franklin Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel No. 43-04-0387-069. LOUIS P. VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff its 40- Cs ? `?'' ? wQ , 4 C - ? p, 4 4 d ON -rl cn, 0 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff, vs JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Defendants. AFFIDAVIT NO: 08-6522 Civil I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendants, James A. Salisbury, II„ are the owners of the real property on which the Plaintiff seeks to execute. That the Defendant's last known address is 3 Woodland Drive, Newville, PA 17241. Louis P. Vitti, Esquire SWORN to and subscribed before me this 12th day of March, 2009. NOTARIAL SEAL SHERRY L HOUSE jitoLl ._. / Notary Public W-CyW ,Y CITY OF PITTSBURGH, Public ALLEGHENY 5020 y Commisslon Expires May Notary Public r- na ? n -a, f. 'T7 7 -r1 ?Ct? Cy ro W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, Plaintiff VS. No. 08-6522 Civil Term JAMES A. SALISBURY, Il, AND/OR TENANT/OCCUPANT, Costs Attorney's $ 267.90 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)) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, being: (Premises as follows): the property situate in Upper Franklin Twp., Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel no. 43-04-0387-069 (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. ?Ir Out s R. Long, Common Pleas Court of Cu erland County, PA Date MARCH 16, 2009 (Seal) 0", 2of2 No 08-6522 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 VS. JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 267.90 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: LOUIS P. VITTI, ESQUIRE, LOUIS P. VITTI & ASSOC., P.C., 916 FIFTH AVENUE, PITTSBURGH, PA 15219 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 , Prothonotary So Answers, Sheriff By Deputy Sheriffs Office of Cumberland County s R Thomas Kline, at ?anrb Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF 74E WRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/02/2009 Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on April 2, 2009 at 1655 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: James A. Salisbury, II by making known unto James A. Salisbury, II , at 410 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/02/2009 04:55 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on April 2, 200f at 1655 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: James A. Salisbury, II by making known unto James A. Salisbury, II , at 410 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. At that time it was learned that there were no occupants other than the defendant. 05/01/2009 Possession held for this property on Friday. May 1, 2009, at 1500 hours. Present for the possession were Deputies Vioral and Gossert. Also present were Andrew Redman (represetative of Plaintiff); and Wayne Brendlinger (locksmith). Possession was turned over to the plaintiffs representative at 1500 hours. May 04, 2009 & ? - GS22 SO ANSWERS, R THOMAS KLINE, SHERIFF By virtue of this writ, on the 1 st day of MU 2009 , I caused the within named Deutsche Bank National Trust Company, as Trustee for FFMLT 2006- FF4, Mortgage Pass-Through Certificates, Series 2004-FF4 , to have possession of the premises described 3 Woodland Drive, Newville, Pennsylvania 17241. Sworn and subscribed to before me this Day of So Answers, 'Zjoej?? Sheriff By Sheriff's Return Advance Costs $ 150.00 Costs 108.12 Al.?ftly^ !?t'?+-t'??BWf}? $ 41.88 Docketing $ 18.00 Poundage 2.12 10 :01 WV S- AVU 68OZ Prothonotary 2.00 Mileage 36.00 AW10N0Hi0W 3HU jo Surcharge 20.00 30N90-0311W Possession 30.00 $ 108.12 ?Slos/o11 9, a . ou d. C%k.. (I r^3 9 7 ?,Y?o? • w 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, vs. Plaintiff No. 08-6522 Civil Term JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT, Attorney's Plaintiff's Prothonotary Costs $ 267.90 $ 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)) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4, being: (Premises as follows): the property situate in Upper Franklin Twp., Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 3 Woodland Drive, Newville, PA 17241. Parcel no. 43-04-0387-069 (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. iEu s R. Long, otary, Common Pleas Court of Cum erland County, PA Date MARCH 16, 2009 TRUE COPY FR0M RK RD (Seal) In Testimony whercof, I h=ere ;into set n,y hand and the seal of said Court :3t Carlisle, Pa. `? &CO Tkw ..1.??. day of.. ....MAlas o I 2of2 No 08-6522 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Vs. JAMES A. SALISBURY, II, AND/OR TENANT/OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160.3165 ETC Costs Att'y $ 267.90 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: LOUIS P. VITTI, ESQUIRE, LOUIS P. VTTTI & ASSOC., P.C., 916 FIFTH AVENUE, PITTSBURGH, PA 15219 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 Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy 5t? : ci lti Out