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HomeMy WebLinkAbout04-2049COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NoD T- Lot In liLls NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT DAVID KOHLER ADDRESS OF APPELLANT 133 N. EAST ST DA4/29%04 DOCKET No. LT-129-04 APT/STE #? IN THE CASE OF (Plaintiff) RUSSELL M. MAG. DIST. NO. NAME OF D.J. 09-2-01 PAULA P. CORREAL CITY STATE ZIP CODE CARLISLE PA 17013 WEER, JR. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. (Defendant) DAVID KOHLER ?e SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT If appellant was C imant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of PnOhonolery or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon RUSSELL M. WEER, JR. appellee(s), to file a complaint in this appeal ame of appellee(s) (Common Pleas No. b ! f ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. J Signature of appellant or attorney or agent RULE: To RUSSELL M. WEER, JR. appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: MAY 7, 20 04 p? -- - -- - - ------- - -- Signature of P onotery o e YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (,'hls preof of service MUST BE FILED Wt7HIN TEN (10) DAYS AFTER Nfag of the notice ;rt appvs; .hecx appi,•r ,rlc 0 ix:-s., COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that I served [? a caUy of the Notice of Appeal Common Pleas No Upon the Distdet Justice 0691ijnalOd therein or. tdaie a€ service) 20, i J by persanai service .,} ,certified) ec(is°c, eht m;-alt. sender's receipt attached hereto, and upon, the appellee, (r+amei c, 20 ? by personal service by (certified) iregisiered} mad, sonars s recelp! attached haretc (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 _ SranaIlUV et cR4>nf stgnstine of official befors whom affic,"it was Malta Title of official my commission expires on 20 d -r Tit rn? 74 C?, r T ? r Ste? Ci ® 1 AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA ,lµ Telephone: (717 1 240-6564 17013-0000 DAVID KOHLER 133 NORTH EAST ST APT/STE 3 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS - FWEER JR, RUSSELL M 537 SPRINGFIELD RD SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME and ADDRESS FKOHLER, DAVID 133 NORTH EAST ST APT/STE 3 CARLISLE, PA 17013 L J DocketNo.: LT-0000129-04 Date Filed: 4/20/04 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) WEER JR, RUSSELL M Judgment was entered against KOHLER, DAVID in a ? Landlord/Tenant action in the amount of $ 92.63 on 4/29/04 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by DJ Less • Security Deposit Ap livid Rent in Arrears $ • 00 - $ '181 Physical Damages Leasehold Property $ .00-$ .00 Damages/Unjust Detention $ .00 - $ 00 - Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Total Judgment = Adjudicated AmouOnb $ .00 $ .00 $ .00 $ .00 $ .00 $ 92.63 $ .00 a 92.63 ?X Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is not satlstled by time of eviction. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEZTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - ` 4-29-04 Date C,c (="9,oi-the oh a. -Q District Justice' 1 certify that this is a true and`co ect copy of the record Ieedm-gs con)airing the judgment. 4-29-04 Date r r .?'t . Qistr7clt Justice My commission expires first t0ldriday of January, 2006 SEAL AO C 315A-03 C) c"-, O C- ?? -n r .' .? -?-.r it.?.= ?,?? ?` .:.: ??' i .: ? __ ' -t_ ) ' . _ Ci ?f1 C? .. .7 (_ ` _, $_ MAY 0 7 2004 r RUSSELL M. WEER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 0r NO. CIVIL TERM DAVID KOHLER Defendants ORDER OF COURT AND NOW this A- day of 14\ , 2003, upon consideration of the attached Petition and Affidavit, the petitioner is allowed to proceed in forma pauperis. BY THE COURT, Distribution Plaintiff: RUSSELL M. WEER, JR. 537 SPRINGFIELD ROAD aTYle Address SHIPPENSBURG PA 17257 Defendant: DAVID KOHLER Name 133 N. EAST ST. APT/STE 3 Address ,Judge CARLISLE PA 17013 RUSSELL M. WEER, JR. Plaintiff V. DAVID KOHLER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM PETITION TO PROCEED IN FORMA PAUPERIS The Petitioner in the above-captioned matter respectfully petitions this Court for permission to proceed in forma pauperis. As set forth in the attached Affidavit, which is incorporated herein by reference, Petitioner is unable to pay the fees and costs necessary to commence these proceedings. WHEREFORE, Petitioner requests that this Court enter an order permitting her to proceed in forma pauperis. 6171 0+ lola4l?w / Date Petitioner RUSSELL M. WEER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DAVID KOHLER : NO. CIVIL TERM Defendants AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS 1. I am the bEFT, in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: D d V i cl Ti )?-,) lee Address: 1,93 Al, Ca1,I'Z- S-61 _(b) Social Security Number: /6 ? -y- h If you are presently employed, state Employer: Address: Salary or wages per month: ?3 Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: ?- / C /c / l7G)/ 14,pl AS (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: c7 S Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: jQDn? S-tagy7r Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: Checking Account: NIA A Savings Account: N 1 f , Certificates of Deposit: 11 vl l? Real Estate (including home): N L??I Motor vehicle: Make Year Cost Amount owed Stocks; bonds: N I : X Other: (f) Debts and obligations Mortgage: Rent: ? 4 D 0. n r 1,00 lil L4 Loans: Monthly Expenses: 4 ?i O , d 6 (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Age: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: S-171C Q f??c? ?` t /L tihLK?h1 ?-? N ?? :> .l' -? rif -n i'rl t ? C i ?_i . l ? ? . 1 ?? ?.? t AMENDED yr COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 04-2049 CIVIL NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. 0151. NO. DAVID KOHLER 09-2-01 PAULA R. CORREAL ADDRESS OF APPELLANT _ CITY 133 N. EAST ST., APT/STE 3 CARLISLE PA 17013 DATE OF JUDGMENT I IN THE CASE OF (Plaintiff) - "'°'°" °"'ER 4/29/04 RUSSELL M. WEER, JR. DAVID KOH LT-129-04 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. in before a District' Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P'.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon RUSSELL M. WEER, JR. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 04-2049 CIVIL ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To RUSSELL M. WEER, JR. , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. MAY 9, Date: M 20 04 signature o1 or 10, YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ' on , 20 El by personal service ? by (certified) (registered) mail, sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of ofllclat before whom affidavit was made Title My commission expires on ,20 Signature ? N d (r O -n - r ota- T rr: 1s PUP i. cn?; <C, ?C o _Z cs7 ? AOPC 312A-02 VIII,,. 'T OF COMMON P Judicial District, County of DISTRICT JUSTICE J, In OY, NOTICE OF APPEAL FROM Notice is given t COMMON GMENT ` the date and in the appellant h NOTICE OF APPEA PLEAS No. 04 n the case referenced as filed in the above L -2049 CZVTL ?' aAME of ARREU?,Nr ed below, Court of Common Pleas an appeal from the judgment rendered GORESS OF KOHLER APPELLANT MAC. olsT. No. by the District 133 N. Facet _ 09_9_n, JUStceon ; 3 "mENr - - ° a • , 4/29/04 APT/STE 3 clrr _ PA ULA NTHECASE OF(pta t,? R• CORREAL DOCKET No, RUSSELL CARLISLE f STATE WEER, JR. PA ZIP C, LT-129-04 s SIGNATURE DAVID tK??°.rf 170.1 OF ER ??? Tt11S bIOCk //' gPPE«ANT OR ATTORNEY wlll o si d ONLY whe oRACENT R.C.P. D.J. No. f08Bgne tills, hall This Notice of Appeal, is re ??` y / J ;' iUPERSEDEgS to th whear"efped. by the quired under pa. If apps//ant ?(?gment ot- u was '-lor Possession in this case will operate as a before a, (see Pa. R. C P. Q . N 1 / a District justice, P(q/NT MUS = No 1001(8) fn action (20) days A COM after tiling the M T ? FILED --% ,:,',.nature rawy?dyw y._ OTICE oIAPPEAL . I within twenty ?, ; ,' P?E81P _ - V pis section of form to eGf 'ba g S E+TO T fICITER RULE T USED, detach from co? ONLY xr O FILE COMPLAINT AND pi ?3lhb'dce ofa appellant was DEFENDANT RULE TO FILE 1ECIPE: To ppeal to be Served upon aPPeI% (see P . Prothonotary e. a R.C.P.D. / No. 10910 in action before :r rule upon District Justice. IF RUSSELL M. WEER, JR. Name of apps//ee(s/ nmon Pleas No. 04-2049 appellee(s), to file a complaint in this appeal enty (20) days after service of rule or suffer entry ofjudgment of non Pros. TO RUSSELL l M. WEER, JR. Name orappe0ee(s/ , appellee(s) Sl9nature ole Yfied PPeuanrorar;maywag,M OU upon are you notified that a rule is hereby entered Y Personal service or upon you to file by certified or re a COmPlaint in this a (You do not file a gistered mail. Ppeal within complaint within this time, twen ( ty (20) days after the date of service ' a;JUDGMENT "` x`?• Of service of this rule ifservice was by mail is the - -rF-RED,AGAINST ?t . 2004 date of the mailing. ?tl YOU VCLUDE A Cppy OF THE NOTICE OF JUD - GMENT/T r RANSCRIPT F OPC 312- QP WITH THIS QaU COURT FILE May es/?ttached hereto 0 sender's ? ?? _ - __? ? MPLAINT Jp APPEAL AND RULE TO FILE CO u this boxes.} ! - TICE OF ofi the notice of appoat Check app ` ` jr SERVICE OF NO JST SE FILED WITHIN TEN (10) DAYS AFTER filing W r 1J • that I served n the Distslct J;?stice des'9f'ated therein on t I hereby (swear} (affirml t "C-;-ouNa of the Notice of Appeal, Commas Pleas No b by (rr;rtified) treglstored) mail, }. Q 2 TR , on a copy ?? ?1 ZU by personal service (C? .... 26 D ?'._ lJ .1'e ? (date of service) on the appellee, {name} recaiP ? ?'U.s Ye istered, mail, sender t attached hereto, and up by {t;ernfietl} ( 9 s by personal service (SWORN (FFIRMED) ANq??v 8?6ED BEFORE M[ 1 ,20r i ,J}{iS DAY OF nature of o/lk7at ba(oro whom a(fldavit was made f 20 LfS MY commission expires on - l 5 't. ARIAL SEAL CLAUDIA A. BV0BAKER, NDT ARV PU9L? CaArale Boro, Cumfe6 APNI 42005 mbalon Exp MY coin AOPC312A-02 Lr) M1` M1 0 Insurance Provicted) Coverage D O =), t c11S?Ilj.?l3 hh t ?`? C3 S $0.11 O ?. _--iYx>3ti C3 C3 V, ( C3 Heexn fieceip+F;o rdors-emenl Regvirraj _ 4fl' fill C3 O 'dols,e'n aedvery Fee 1: ntlcremns.l Requlretll , _ M (alai Postage d Fees -- $ O C3 F + nf To - ^ ' - 056372004 or PO6ux Nn. 357 SPRINGFIELD ROAD SHIPPENSBURG PA 17257 (•? S„ rte) o .L O 77 n ., ZZ -.? o X40 C ?rn Z e n - v ? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT =--s-v :rn st serti;ce "d UST 6E FILED WlTHW EN (YO) DAYSAFTER filing Of toe, notice of appeal Cheok appticable boxed) CGiviMONWE, 7-1-1 OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served Cl a COPY Of the Notice of Appeal, Common Pleas No. V ` -,L an the D iouiCt Justice designated therein on (date of service F ) (CD ' 20 by personal service ED by {(,,ertifisd) (registered) mail sender's receipt attached hereto, and upon the appellee, (name] plu nfe fl/q, / / e WTxfon sonder's/0 , 20 0? ? by personal service by (certified) (registered) ntal, Acelpt attached hereto -? - (SWORN) ( FFIRMED) AN4 MBSCRIBED BEFORE ME H19 _.. DAYOF r!t I .20?L... f t Sfg-namre of official before whom atfid Title of of c,,l , My commission expires on 20-x, . J r i !? Srgn;hxe oJaffient NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Born, Cumberland County My Commission Expires April 4, 2005 AOPC 312A - 02 AMENDED (WEALTH OF PtNrn, OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL 04-2049 CIVIL 1 I Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. MAb. DisNO. pAULA R. CORREAL NAME OF APPELLANT 09-2-01 DAVID KOHLER GTY STATE zip COOE ADDRESSOFAPPELLANT CARLISLE PA 17013 133 N. EAST ST., APT/STE 3 p/ onTE OFduocMENT wTNERUSSELL M. WEER, JR. DAVID I?MER 4 / 2 9 / 04 ?,,,,,.., ioc ner eaaFi i ANT OR ATTORNEY OR AGENT LT-129-04 This block will be sign R.C.P.D.J. No. 1008B...: This Notice of Appeal;,N SUPERSEDEAS to IS. lvhetiA?tfuss *ation is required under Pa. If appenanr wasiyrannaio i??= • _ _. ._. -- , , Wed by°thA?Xrict ?ustice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty fpr possessfofi in this case. I 1 (20) days after filing the NOTICE of APPEAL. PRAGCI*?,TO LATER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to b1% ea^ONL.1",;i n appellant was DEFENDANT (see Pa,R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from cop?)''frD't1c'e of appeal to be served upon appellee. PRAECIPE: To Prothonotary appellee(s), to, file a complaint in this appeal Enter rule upon RUSSELL M. WEER. JR. Name of WOWS) (Common Pleas No. 04-2049 CIVIL ) within twenty (20) days /after service of rule or suffer reentry of judgment of non pros. Sgnature of appellant or ettomey ag t RULE: To RUSSELL M. WEER, JR. , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty. (20) days after the dale of service ?.tT?s ,?q ti of this rule upon you by personal service or by certified or registered mail. y l }` (2) If you do not file a complaint within this time, a,JUDGMENT OF NON PROS MAY BE EN -tRED AGAINST YSJ'?ytf of (3) The date of service of this rule if service was by mail is the date of the mailing. .110 Date: MAY 9, 04 (/yn , 20 n ret ,. v `., or ' YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FOjtJyl WITH THIS OF APPEAL. AOPC 312-02 COURT FILE 10. Postal Service -a CERTIFIED MAIL RECE IPT rl- 1% tic mail only; No In surance C over, p _q, rovided) C 3 -HIPPEIII Pk -725 it ,q rk 6- 1. -' Postage $ $10.37 /. . O C3 C3 Certified Fee j? ry? O Return Receipt Fee _ (n C3 (Endorsement Required) CO Restricted Delivery Fee C3 (Endorsement Required) , rt.l @ Total Postage BFeae .p -? 1 0$9/11 2004 C3 Y PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof ,,r c.,f , r: MUST BE FILED WITHIN TEN (10) DAYS AFTER hftng of the netice of appeal, Check appheabie boxes_j COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. U-I' 2-DLIpon the District Justice designated therein an (date of service) by personal service ? by {certified) (rt:glstered) -ash, sendee?rr''js receipt attached hereto, and upon the appellee, {name) on l/ ? by personal sarvtce ? by (certified) (ragisiered)ma(1, sender's !/ell t attached hereto. (SVVORR//Nt?) (AFFIRMED) AND SUBSCRIBED BEFORE ,ME ;Sit d...a}t..'. DAY OF ..., 20 614 . f :(?d[LF?-? - d1jC gnatare ofofllclel be7ore whom afsdavttas made r Title of official My commission expires art f rr - ?` _ 20 ? n Sr4nahuo of 3tfiant J NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Bono, Cumberland County My Commission Expires April 4, 2005 C 0 o ; - r ?l. = = O 1 [. ---t ? rC A O T OfTI cn w AOPC 312A - 02 ?,?4M?nP#awnWY"+?e.'?1<"4°A'T'."1"+'M'aFA'."°T"^T.+^m'e4 ".mm?'..v^.'nn ?a. ?..x.. ..?.K.' ?..m?rn?n+?emC^.!!f}ID^'?'r^'n'-µ?+A^`f+^'+.+?.•"y'!n'm13c*1?T,'°J'l`lv.'.'__. -... - DAVID KOHLER 09-2-01 PAULA P. CORREAL ADDRESS OF APPELLANT 133 N. EAST ST., APT/STE # CITY CARLISLE STATE ZIP CODE PA 17013 DAT[ T116?Ny?ryT // y // VV 4 wT ?g?s 4f1P mnf9_. U CL M WEER, JR. ?, DAVID KOHLER DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT LT-129-04 J This block will be siqned ONLY when this notation is required under Pa. If appellant was C14imant (see Pa. R.C.P.D.J. No. 1001(6) in action COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Noll OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Senatu. of Proth.W8q.rDeputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon RUSSELL M. WEER, JR. , appellee(s),.to file a complaint in this appeal /? ameofappellee(s) (Common Pleas No. 6 within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To RUSSELL M. WEER, JR. , appellee(s) Name or appellee(sJ (1) You are notified that,@ rule is hereby entered upon you to file a complaint in this appeal within twenty (20), Lays after the date of service of this rule upon yoy„3Toli$f 6efyrGe or by certified or registered mail. - (2) If yoytlot fit®a"6E3ATplainf'witfti@,this (3) TheV''a of service Gf this rule if c Date: MAY •7 y. ,;.-- YOU MU,it,INO{,UDE A copy 6F„JfHE time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. was by mail is the date of the mailing. 11 " i . Signatureof P onotary o e y NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 CWRT FILI RUSSELL M. WEER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID KOHLER, Defendant NO. 04-2049 Civil Term 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. 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, Pennsylvania 17013 717-249-3166 OR 1-800-990-9108 Page 1 of 5 Pages WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 RUSSELL M. WEER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID KOHLER, Defendant NO. 04-2049 Civil Term COMPLAINT AND NOW comes the Plaintiff, Russell M. Weer, Jr., by and through his attorneys, Richard L. Webber, Jr., and Weigle & Associates, P.C., and file this Complaint as follows: 1. Plaintiff is Russell M. Weer, Jr., an adult individual residing at 537 Springfield Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is David Kohler, an adult individual residing at 133 North East Street, Apt. 3, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about April 3, 2003, Plaintiff and Defendant entered into a written Residential Lease Agreement. A copy of said Residential Lease Agreement is attached hereto, incorporated by reference herein, and labeled as Exhibit 1. 4. The leased premises are located at 133 North East: Street, Apartment 3, Carlisle, Cumberland County, Pennsylvania 17013. 5. Under the terms of the Residential Lease Agreement, Defendant is required to pay Plaintiff Four Hundred Dollars ($400.00) per month, beginning May 1, 2003. 6. Defendant commenced occupying the premises on or about May 1, 2003. 7. Paragraph 4 of the Residential Lease Agreement states as follows: "4. Use of Premises. The demised premises shall be used and occupied by LESSEE exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by LESSEE for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence. LESSEE shall comply with all the sanitary laws, ordinances, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during Page 2 of 5 Pages WEIGLE S ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 the term of this lease. LESSES shall not use the premises in a manner that would disturb any adjoining residents such as excessive noise.... 8. Defendant has not complied with paragraph 4 of the Residential Lease Agreement in that: (A) Defendant has conducted illegal drug activity at the leased premises; (B) Defendant has permitted other persons to conduct illegal drug activity at the leased premises; and (C) Defendant has used the premises in a manner that has disturbed other neighborhood residents. 9. On April 30, 2004, the term of the Residential Lease Agreement expired. 10. Defendant has refused to vacate the premises. 11. Plaintiff desires to repossess the premises. 12. On or about April 20, 2004, Plaintiff incurred filing costs of $92.63 at the Office of Harold E. Bender, District Justice. 13. Defendant has caused damages to the leased premises in an amount to be determined. 14. Rent is accruing at the rate of $400.00 per month. 15. Paragraph 21 of the Residential Lease Agreement states that Lessee (Defendant) is responsible for any attorney fees incurred by Lessor (Plaintiff) resulting from Lessee's default. 16. Plaintiff has retained the undersigned attorneys to represent him in this matter at a rate of $125.00 per hour. Page 3 of 5 Pages WEIGLE & ASSOCIATES, PC. - ATTORNEYS AT LAW - 126 EA51` KING STREET - SHIPPENSBURG. PA 17257-1397 WHEREFORE, Plaintiff respectfully requests: (1) an Order granting possession of the premises to Plaintiff and requiring Defendant to vacate the premises; and (2) judgment in his favor and against Defendant in an amount to be determined, together with additional rent payments owing at the date of trial, costs, attorney fees, and any other appropriate relief. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire Attorney for Plaintiffs Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717)532-7388 Page 4 of 5 Pages WEIGLE 6 ASSOCIATES, P.C. -- ATTORNEYS AT LAW - 126 EAST KING STREET - SRIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: MAY 2? . b t)` `? ?l RUSSELL M. WEER, JR., Plainti Page 5 of 5 Pages WEIGLE & ASSOCIATES, PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 RESIDENTIAL LEASE BY THIS AGREEMENT made and entered into on A L between RUSSELL M. WEER, JR., herein referred to as LESSOR, and Dpo,, fD , herein referred to as LESSEE, LESSOR hereby leases to LESSEE the premises situated at AQPS?Tr` E:tJT ?) AT i?l Ea'- -? in the city of ?A2Llc , County of Cumberland, State of Pennsylvania,, for a term to commence on ? Ky SOU , and to end on APf;->1L -??o ,uoH The parties further.,..agree as follows: 1. Rent. LESSEE agrees to pay, without demand, to LESSOR as rent for the demised premises the sum of 1-w t= Uot,4 C-->2? © DOLLARS ($ )ICC> ) per month in advance on the k day of each calendar month beginning I-P4 lc-,T aC7J 1996, at 537 Springfield Road, City of Shippensburg, State of Pennsylvania 17257, or at such other place as LESSOR may designate. 2. Security Deposit. On execution of this lease, LESSEE deposits with LESSOR hFf'c-;- e o UNP1 DOLLARS ($ ?C)C) ), receipt of which is acknowledged by LESSOR, as security for the faithful performance by LESSEE of the terms hereof, to be returned to LESSEE, without interest, on the full and faithful performance by him of the provisions hereof. a{ 3. Quiet Enjoyment. LESSOR covenants that on paying the rent and performing the covenants herein contained, LESSEE shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 4. Use of Premises. The demised premises shall be used and occupied by LESSEE exclusively as a private single family residence, and neither the premises nor any part thereof .shall be used at any time during the term of this lease by LESSEE for the purpose of carryin on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. LESSEE shall comply with all the sanitary laws, ordinances, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. LESSEE shall not use the premises in a manner that would disturb any adjoining is such as excessive noise. .V LESSEE shall not use the premises in any manner that will increase risks covered by insurance on the premises and result in an increase in the rate of insurance or a cancellation of any insurance policy. LESSEE shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the premises, and shall comply with all requirements of the insurers applicable to the premises necessary to keep in force the fire and liability insurance. 5. Number of Occupants. premises shall be occupied by consisting of i adult(s) and LESSEE agrees that the demised no moire than persons, children under the age of years, without the written consent of LESSOR. 6. Condition of Premises. LESSEE stipulates that he has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 7. Assignment and Subletting. Without the prior written consent of LESSOR, LESSEE shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by LESSOR to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of LESSOR, or an assignment or subletting by operation of law, shall be void and shall, at LESSOR'S option, terminate this lease. 8. Alterations and Improvements. LESSEE shall make no alterations to the buildings on the demised premises or construct any building or make any other improvements on the demised premises without the prior written consent of LESSOR. All alterations, changes, and improvements built, constructed, or placed on the demised premises by LESSEE, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between LESSOR and LESSEE, be the property of LESSOR and remain on the demised premises at the expiration or sooner termination of this lease. 9. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to LESSEE'S negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by LESSOR and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by LESSEE'S negligence or willful act or that of his employee, family, agent, or visitor to the extent that LESSOR shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 10. Dangerous Materials. LESSEE shall not keep or have on the premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. Utilities. LESSEE shall be responsible for arranging for and paying for all utility services required on the premises, except that ?1F-A7 F H UT + G6LV WATER 4- SE:W E , shall be provided by LESSOR. 12. Maintenance and Repair. LESSEE will, at his sole expense, keep and maintain the leased premises and appurtenances F in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, LESSEE shall keep the fixtures in the house or on or about the leased premises in good order and repair; and, at his sole expense, shall make all required repairs to the plumbing, range, and electric and gas fixtures whenever damage thereto shall have resulted from LESSEE'S misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not.due to LESSEE'S misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of LESSOR or his assigns. LESSEE agrees that no signs shall toe placed or painting done on or about the leased premises by LESSEE or at his direction without the prior written consent of LESSOR. 13. Nonliability of Lessor for Damages. LESSOR shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the premises by LESSEE, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased premises during the term of this lease or any extension thereof. LESSEE shall indemnify LESSOR from all liability, loss, or damage claims or obligations resulting from any injuries or losses of this nature. 14. Liability Insurance. LESSEE shall procure and maintain in force at their expense during the term of this lease and any extension thereof, public liability insurance with insurers and through brokers approved by LESSOR. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the leased premises, in a minimum amount of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for property damage. The insurance policy shall provide coverage for contingent liability of LESSOR on any claims or losses. The policies shall be delivered to LESSOR for keeping. LESSEE shall writing at least fifteen (15) days prior to cancellation or refusal to renew any policy. If the insurance policy is not kept in force during the entire term of this lease or any extension thereof, LESSOR may procure the necessary insurance any pay the premium therefor, and the premium shall be repaid to LESSOR as an additional rent installment for the month following the date on which the premiums were paid by LESSOR. 15. Animals. LESSEE shall keep no domestic or other animals on or about the leased premises without the written consent of LESSOR. 16. Right of Inspection. LESSOR and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. 17. Display of Signs. During the last 30 days of this lease, LESSOR or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 18. Subordination of Lease. This lease and LESSEE'S leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by LESSOR, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 19. Holdover by LESSEE. Should LESSEE remain in possession of the demised premises with the consent of LESSOR after the natural expiration of this lease, a new month-to-month tenancy shall be created between LESSOR and LESSEE which shall be subject to all the terms and conditions hereof but shall be created between LESSOR and LESSEE which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice served by either LESSOR or LESSEE on the other party. 20. Surrender of Premises. At the expiration of the lease term, LESSEE shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 21. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any ..7 R other term or condition hereof, the lease, at the option of LESSOR, shall terminate and be forfeited, and LESSOR may re-enter the premises and remove all persons therefrom. LESSEE WAIVES THE USUAL NOTICE TO QUIT OR VACATE AND AGREES TO VACATE THE PREMISES UPON DEFAULT. LESSEE shall be responsible for any attorney fees incurred by LESSOR resulting from LESSEE'S default. 22. Abandonment. If at any time during the term of this lease LESSEE abandons the demised premises or any part thereof, LESSOR may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to LESSEE for damages or for any payment of any kind whatever, and may, at his discretion, as agent for LESSEE, relet the demised premises, or any part thereof, for the whole or any part of the ten unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at LESSOR'S option, hold LESSEE liable for any difference between the rent that would have been payable tinder this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by LESSOR by means of such reletting. If LESSOR'S right of re-entry is exercised following abandonment of the premises by LESSEE, then LESSOR may consider any personal property belonging to LESSEE and left on the premises to also have been abandoned, in which case LESSOR may dispose of all such personal property in any manner LESSOR shall deem proper and is hereby relieved of all liability for doing so. ?? ?sF E M ?sT use V7 -6 Ro ar GRrzus> T2FsN e r)Gs 'j ?a DI?PoSF- of TP_rA 23. Forbearance by LESSOR Not a Waiver. Extension of the time for payment or the cure of any other default by LESSEE shall not operate to release LESSEES liability. Any forbearance by Lender in exercising any right of remedy.shall not be a waiver of or preclude the exercise of any right or remedy. 24. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal represent- atives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this Lease. IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. WITNESS: LESSOR C\tn A' RUSSELL M. WEER, JR. LESSEE n n ? o r- E a =K] CD + GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 04-2059 CIVIL TERM ORDER FOR JUDGMENT Please enter Judgment in favor of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, and against JONATHAN BALDARI and TAMMY BALDARI for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $95,113.84. Joseph A. AGoqrrlk? Jr. Atto rney tr I hereby certify that the above names are correct and that the pr e[e`sidence address of the judgment creditor is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 and that the name(s) and last known address(es) of the Defendant(s) is/are JONATHAN BALDARI, 37 Drexel Place New Cumberland, PA 17070 and TAMMY BALDARI, 831 Evelyn Street Harrisburg, PA 17036; GOLDBECK * 'S BY: Joseph A. G5 Attorney for P; 9i: V Jr. & McKEEVER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $81,446.31 Interest from 10/01/2003 through $7,017.05 08/16/2004 Attorney's Fee at 5.0000% of principal $4,072.32 balance Late Charges $422.40 Costs of Suit and Title Search $900.00 Escrow $823.16 Fees $102.60 Recoverable Balance $330.00 $95,113.84 AND NOW, this / day of 0? GOLDBECK n BY: Joseph A. C Attorney for Pla McKEEVER V 2004 damages are assessed as above. 0 /4 -) ?. ?,,,,yIJ Pro Prothy ? /jam VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JONATHAN BALDARI, is about unknown years of age, that Defendant's last known residence is 37 Drexel Place, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: V VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, TAMMY BALDARI, is about unknown years of age, that Defendant's last known residence is 831 Evelyn Street, Harrisburg, PA 17036, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) PRAECIPE FOR JUDGMENT No. 04-2059 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JONATHAN BALDARI and TAMMY BALDARI by default for want of an Answer. Assess damages as follows: Debt Interest- 10/01/2003 to 08/16/2004 Total (Assessment of Damages attached) $95,113.84 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 I Joseph A. G r. Attorney fo ' h nt LD. #1613 / AND NOW ?j[[? 1 p Z60Y V, Jucgm t is entered in favor of DEUTSCHE BANK NATI NAL rtRUST COMPANY, AS TRUSTEE FOR LONG BEACH M RTGAGE LOAN TRUST 2003-4 and against JONATHAN BALDARI and TAMMY BALDARI by default for want of an Answer a damages assessed in the sum of $95,113.84 as per the above certification. Prothonotary ?? THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: TAMMY BALDARI 8130 Evelyn Street Harrisburg, PA 17036 DATE OF THIS NOTICE: July 22, 2004 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs, JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: TAMMYBALDARI 8130 Evelyn Street Harrisburg, PA 17036 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-2059 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Centef. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 22, 2004 TO: JONATHAN BALDARI S 130 Evelyn Street Harrisburg, PA 17036 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: JONATHAN BALDARI 8130 Evelyn Street Harrisburg, PA 17036 IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-2059 CIVIL TERM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEE VER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 22, 2004 TO: TAMMY BALDARI 37 Drexel Place New Cumberland, PA 17070 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 VS. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 TO: TAMMY BALDARI 37 Drexel Place New Cumberland, PA 17070 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-2059 CIVIL TERM IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY 13E ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 22, 2004 TO: JONATHAN BALDARI 37 Drexel Place New Cumberland, PA 17070 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: JONATHAN BALDARI 37 Drexel Place New Cumberland, PA 17070 IMPORTANT NOTICE In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-2059 CIVIL TERM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, LEGAL SERVICES INC S hvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY& MCKEEVER BY: Joseph A. Goldbeck, Jr, Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: TAMMY BALDARI 806 Hummel Avenue Lemoyne, PA 17043 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s )) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: TAMMY BALDARI 806 Hummel Avenue Lemoyne, PA 17043 DATE OF THIS NOTICE: July 22, 2004 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-2059 CIVIL TERM IMPORTANT NOTICE, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JONATHAN BALDARI 806 Hummel Avenue Lemoyne, PA 17043 DEUTSCHE BANK NATIONAL "CRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. JONATHAN BALDARI TAMMY BALDARI (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) TO: JONATHAN BALDARI 806 Hummel Avenue Lemoyne, PA 17043 DATE OF THIS NOTICE: July 22, 2004 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-2059 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Wine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 N ? 3 17 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 1 I 1 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW JONATHAN BALDARI ACTION OF MORTGAGE FORECLOSURE TAMMY BALDARI Mortgagor(s) and Record Owner(s) 806 Hummel Avenue No. 04-2059 CIVIL TERM Lemoyne, PA 17043 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/01/2003 to 08/16/2004 at 9.8000% (Costs to be added) ly? $95,113.84 & McKEEVER BY: Joseph rdbeck Jr. Attorney ford iiT a? o z v ?"aa. ? c?7 o ? WUW ,-, S4 b w ti ? x O Q Q O Q ? ? Y b? ?. O U Q M ? U W Z W H > ?z 'ti y ? d >, ev F ? ,? c [-. rn O O W ?n Q ??? 66 ec Q a? V i o. a J, °o zaH P4 0 w H? QH "? .a ? V 1 14 ALL THAT CEFTAIM lot of ground situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, said lot being bounded and described as follows! BEGIEMIHG at a point on the Southern line of Aummsl Avenue at the distance of 40 feet westwardly, Measured from the southwest corner of Humaol Avenue and Eighth Street formerly blackberry Alley; thence in southerly direction, along the weatern line of Zot No. 12 block "E'• on the plan of lota hereinafter Mentioned, 150 feet to a point on the northern line of Peach Aileys'thence'Sn a westerly direction, along the northern line of said Peach Allay, 11-1/2 feet, more or less, to a point: thence in a cortberly direction, along s line running through the center of the partition wall of the double hours erected in part on said Lot, 150 feet to a point on the Southern line of Hummal Avenues thence in an easterly direction along the Southern line of HUnmal Avenue, 11-1/2 feet, more o= loss, to a Point, the Place of HEGIMMUG. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2059 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, Plaintiff (s) From JONATHAN BALDARI AND TAMMY BALDARI (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that. (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $95,113.84 Interest FROM 10/1103 TO 8/16104 AT 9.8000% Atty's Comm % Arty Paid $275.68 Plaintiff Paid Date: AUGUST 18, 2004 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot _Jb- Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF j ?9ef---? Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldl,wck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 vs. JONATHAN BALDARI Plaintiff of Cumberland County CIVIL ACTION - LAW TAMMY BALDARI ACTION OF MORTGAGE FORECLOSURE (Mortgagor(s) and Record Owner(s)) 806 Hummel Avenue Lemoyne, PA 17043 Defendant(s) No. 04-2059 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 806 Hummel Avenue Lemoyne, PA 17043 I.Name and address of Owner(s) or Reputed Owner(s): JONATHAN BALDARI 37 Drexel Place New Cumberland, PA 17070 TAMMY BALDARI 831 Evelyn Street Harrisburg, PA 17036 2. Name and address of Defendant(s) in the judgment: JONATHAN BALDARI 37 Drexel Place New Cumberland, PA 17070 TAMMY BALDARI 831 Evelyn Street Harrisburg, PA 17036 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 806 Hummel Avenue Lemoyne, PA 17043 (attach separate sheet if more space; is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: August 16, 2004 GOLDB X N 1 /I t ERTY & McKEEVER BY: Joseph b ek, Jr., Esq. Attorney fox Pl. nt IT ?J GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. JONATHAN BALDARI TAMMY BALDARI Mortgagor(s) and Record Owner(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 806 Hummel Avenue No. 04-2059 CIVIL TERM Lemoyne, PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BALARDt, TAMMY TAMMY BAI DkF-I 806 Hummel Avenue Lemoyne, PA 17043 Your house at 806 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,113.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: L The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. JONATHAN BALDARI TAMMY BALDARI Mortgagor(s) and Record Owner(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 806 Hummel Avenue No. 04-2059 CIVIL TERM Lemoyne, PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BALDARI, JONATHAN JONATHAN BALDARI 806 Hummel Avenue Lemoyne, PA 17043 Your house at 806 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,113.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 20034 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff' of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 04-2059 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 Plaintiff VS. JONATHAN BALDARI TAMMY BALDARI Mortgagor(s) and Record Owner(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 806 Hummel Avenue No. 04-2059 CIVIL TERM Lemoyne, PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BAI-DARI, JONATHAN JONATHAN BALDARI 37 Drexel Place New Cumberland, PA 17070 Your house at 806 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,113.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 04-2059 CIVIL TERM 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff s Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 04-2059 CIVIL TERM . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue IN THE COURT OF COMMON PLEAS of Cumberland County Northridge, CA 91324 Plaintiff VS. JONATHAN BALDARI TAMMY BALDARI Mortgagor(s) and Record Owner(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 806 Hummel Avenue No. 04-2059 CIVIL TERM Lemoyne, PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BALDARI, TAMMY TAMMY BALDARI 831 Evelyn Street Harrisburg, PA 17036 Your house at 806 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $95,113.84 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 04-2059 CIVIL TERM 1. The sale will be cancelled if you pay to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 1 I 1 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2003-4 9451 Corbin Avenue Northridge, CA 91324 vs. JONATHAN BALDARI TAMMY BALDARI Mortgagor(s) and Record Owner(s) 806 Hummel Avenue Lemoyne, PA 17043 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 04-2059 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph A.s1,9J Attorney : a Jr. Curtis R. Long Prothonotary Office of the Protbonotarp QCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n-41- 9210q9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 * Fax (717) 240-6573