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Home My WebLink About09-8815 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 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff CIVIL ACTION: EJECTMENT IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW vs. BARBARA BUSTERNA and OCCUPANTS 4603 N. Clearview Drive Camp Hill, PA 17011 ACTION OF EJECTMENT Defendants NOTICE Term No. 04 6Vi r 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 _l 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 LISTED, 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, IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8, 505 City Parkway West, Suite 100, Orange, CA 92868. 2. Defendants are BARBARA BUSTERNA, and OCCUPANTS. 3. Plaintiff is the owner of property located at 4603 N. Clearview Drive, Camp Hill, PA 17011, by virtue of a Deed from the Sheriff of Cumberland County to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8 recorded on November 30, 2009 at instrument number 200939661. 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, BARBARA BUSTERNA 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 A,00 C ??+ By: Michael McKeever, Esq. r` 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. DEC 2 1 2009 Date: Michael T. McKeever, Esquire PA I.D. #56129 #88097EJ BARBARA BUSTERNA 4603 N. Clearview Drive Camp Hill, PA 17011 ALL THAT CERTAIN piece or parcel of land situate in the Township of Hamden, County of Cumberland and State of Pennsylvania, and more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated October 8, 1973, as follows: BEGINNING at a point on the Northern line of Clearview Drive, at the diving line between lots 18 and 19, Block A, Clearview Farms, said point being referenced Westwardly from the Northeast intersection of Clearview Drive and Chestnut Avenue, a distance of 58.48 feet; thence westwardly along the northern line of Clearview Drive, on a curve, curving to the left with a radius of 195 feet the arc distance of 51 feet to a point at the dividing line between lots 19 and 20 on said plan; thence along said dividing line north 9 degrees 54 minutes East, a distance of 122.42 feet to a point; thence north 86 degrees 55 minutes East, a distance of 77.26 feet to a point on the western line of Lot. No. 17 on said plan; thence along the same South 38 degrees 34 minutes East a distance of 15 feet to a point at the dividing line between Lots Nos. 18 and 19 on said plan; thense along same South 24 degrees 39 minutes West a distance of 142.95 feet to a point on the northern line of Clearview Drive, the place of Beginning. BEING Lot. No. 19, Block A in the plan of lots of Clearview Farms, recorded in plan Book 8, page 13, Cumberland County records. BEING the same premises which Stephen J. Busterna and Barbara L. Busterna, husband and wife, by their deed dated January 1, 1989 and recorded January 24, 1989 in Cumberland County Recorder's office in Deed Book T-33, Page 994, granted and conveyed unto Barbara L. Busterna, single. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 46)03 N. Clearview Drive Camp Hill, PA 17011 SOLD as the property of BARBARA BUSTERNA TAX PARCEL #10-21-0279-038 ?C09 Cc ? 23 IF ;`l I : [; u 0 42z,, -?:L e? sia7s? ,2-? a3sv?o SHERIFF'S OFFICE OF CUMBERLAND COUNT( R Thomas Kline iEIAW 0i TICE Sheriff ?uintr?ty? Ronny R Anderson Chief Deputy 1018 SAN •6 AM 46 ? - Jody S Smith yu" Civil Process Sergeant OF? C Edward L Schorpp Solicitor Deutsche Bank National Trust Co. I Case Number Barbaravs. Busterna 2009-8815 SHERIFF'S RETURN OF SERVICE 12/28/2009 07:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1910 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Barbara Busterna, by making known unto herself personally, at 4603 North Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 4603 North Clearview Drive, Camp Hill, PP 17011, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Barbara Busterna, current owner is the only resident at 4603 North Clearview Drive, Camp Hill, PA 17011. SHERIFF COST: $62.50 SO ANSWERS, eo%WAQ? ? December 29, 2009 R THWAS "I E, SHERIFF (c) Couit,Suite Sheriff. Teleosoft, inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~,atp of ~ntnGr~~~~,~ ~~: r. FiLED--~~1==lCE '~E THE PE,~ i~-?C;fl~OTARY 2flf(1 SAP, -S P f2~ 50 Edward L Schorpp Solicitor CtJl~~ F:_ ~ ; -~Li~JTY ,~: ~~'~ c~r~ E~, ~ ~,~ Deutsche Bank National Trust Co. vs. Barbara Busterna Case Number 2009-8815 SHERIFF'S RETURN OF SERVICE 02/25/2010 04:45 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1645 hours, he served a true copy of the within writ of possession, in the above entitled action upon the within named defendant, to wit: Occupant(s), by making known unto Barbara Busterna, Adult in Charge, at 4603 North Clearview Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 02/25/2010 04:45 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1645 hours, he served a true copy of the within writ of possession, in the above entitled action upon the within named defendant, to wit: Barbara Busterna, by making known unto Barbara Busterna personally, at 4603 North Clearview Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $63.50 March 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF r; GountySuite ShenfF. Telr:,0.=,oft. Inc.