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Home My WebLink About09-4622 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 5000 MELLON INDEPENDENCE CENTER 701 Market Street PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNF.V FOR PLAINTIFF Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Argent Securities Trust 2005-W3, Asset-Backed Pass-Through Certificates Series 2005-W3 10801 6th Street Suite 130 Rancho Cucamonga, CA 91730 Plaintiff vs. MATTHEW MALONE and OCCUPANTS 605 South Mountain Estate Road Shippensburg, PA 17257 Defendants CIVIL ,ACTION: EJECTMENT IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF EJECTMENT Term ?1/' No.6 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 COMPLAINT IN EJECTMENT 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee intrust for the benefit of the Certificateholders for Argent Securities Trust 2005-W3, Asset-Backed Pass-Through Certificates Series 2005-W3, 10801 6th Street, Suite 130, Rancho Cucamonga, CA 91730. 2. Defendants are MATTHEW MALONE, and OCCUPANTS. 3. Plaintiff is the owner of property located at 605 South Mountain Estate Road, Shippensburg, PA 17257, by virtue of a Deed from the Sheriff of Cumberland County to Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Argent Securities Trust 2005-W3, Asset-Backed Pass-Through Certificates Series 2005-W3 recorded on 7/2/2009 at instrument #200922888. A true and correct copy of the legal description of the Property is attached to this Complaint. 4. Plaintiff is entitled to immediate possession of the Property. 5. The Defendants, MATTHEW MALONE and OCCUPANTS, are occupying the Property without right, and so far as the Plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the Property from the Defendants and OCCUPANTS, who have refused to deliver up possession of the same. WHEREFORE, Plaintiff requests judgment for possession of the Property. GOLDBECK McCAFFERTY & McKEEVER m 4'd ?Ml y13y_: Michael McKeever, Esq. VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for Plaintiff in this matter and has personal knowledge of the allegations of the Complaint in Ejectment based upon information supplied by Plaintiff and/or matters of public record, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Ejectment are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: j' xQQ,yJG7 Michael T. McKeever, Esquire PA I.D. #56129 #85093EJ MATTHEW MALONE 605 South Mountain Estate Road Shippensburg, PA 17257 ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 6 in the Development known as South Mountain Estate, which plan is of record in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book 22, at Page 25, said lot bounded and described as follows: BEGINNING at a point at the Southern boundary of Township Road No. T-317; thence along the Southern edge of said Township Road South eighty-nine (89) degrees twenty- seven (27) minutes fifty two (52) seconds East, one hundred (100) feet to corner of Lot NO. 5; thence by Lot No. 5 South 0 degrees thirty-two (32) minutes eight (8) seconds West, one hundred fifty (150) feet to common corner with Lots No. 5, 14 and 13; thence by Lot No. 13 North eighty-nine (89) degrees twenty seven (27) minutes fifty-two (52) seconds West, one hundred (100) feet to corner common to Lots No. 13, 12 and 7; thence by Lot No. 7 North 0 degrees thirty-two (32) minutes eight (8) seconds East, one hundred fifty (150) feet to a point at the Southern boundary of the aforementioned Township Road, the place of BEGINNING. SUBJECT to restrictions as of record as found in Miscellaneous Book 194, Page 981. HAVING thereon erected a one story aluminum dwelling house. BEING KNOWN AS 605 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG PA 17257 TAX PARCEL NO: 39-36-2438-002 `S) .,, rta`?Y 2?"Q4J' )Q 4' I(: 21 Yr .. z ?1i...1. yd "?F s6 ?? C? ?/ 3b?105a ,?e?-ft 1?'I&38 Sheriffs Office of Cumberland County R Thomas Kline Sheriff T, Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFICE 0 ' E S-ERIFF " Edward L Schorpp Solicitor Deutsche Bank National Trust Co. vs. Case Number Matthew Malone 2009-4622 SHERIFF'S RETURN OF SERVICE 07/1512009 07:42 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Jul) 15, 2009 at 1942 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Matthew Malone, by making known unto himself personally, defendant at 605 South Mountain Estates Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and a the same time handing to him personally the said true and correct copy of the same. 07/15/2009 07:42 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2009 at 1942 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: OCCUPANTS of 605 South Mountain Estates Road Shippensburg, PA 17257, by making known unto Matthew Malone for Angela Malone and Juby Malone, defendants at 605 South Mountain Estates Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 SO ANSWERS, July 16, 2009 R THOMAS KLINE, SHERIFF J Deputy Sheriff