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HomeMy WebLinkAbout12-6945SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042411 The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 PLAINTIFF vs. Johnnie L. Gillon and Erika M. Nelson and Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS _. ~~ -~ -~ I !r . ._ ~ ~, I~ .,. • ,. ~~ ~~,, :.J l P'S i-W r 1 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY ~ . I No.: ~ ~ _ l~~ ~-I S v ~ CIVIL ACTION EJECTMENT 21000 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH. TO DEFEND AGAINST "CHE 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY' BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. a~--} ~!u3.~S~ d ~~ C.k..~ ~ ~o0 3~ (~ ~ ~~~ o~s'3a S8 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI US"TED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PtIEDE ENTRAR UNA ORDEN CONTRA LISTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUF, ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABODAGO I:NMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARR AVERIGiJAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY LD. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042411 The Bank of New York Mellon, f/k,~a The COURT OF COMMON PLEAS Bank of New York as successor to ~ CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ; NO,: ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 PLAINTIFF vs. Johnnie L. Gillon, Erika M. Nelson and Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS ; ; CIVIL ACTION EJECTMENT Plaintiff hereby complains against Defendants as follows: Plaintiff, The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 ("Plaintiff'), a corporation, has an office located at c/o Ocwen Loan Servicing, LLC, 1661 Worthington Road, West Palm. Beach, FL 33409, and is properly conducting business in the Commonwealth ol~ Pennsylvania. 2. Defendants are Johnnie L. Gillon and Erika M. Nelson and Occupants ("Defendants") and they reside at 318 East North Street, Carlisle, PA 17013 ("the Premises") 3. The Premises, which is where the ejectment is to take :place, is located at 3 18 East North Street, Carlisle, PA 17013. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment In Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 v. Johnnie L. Gillon and Erika M. Nelson. 5. The case number of said Judgment is: 2010-2237. 6. The sale was held on: July 11, 2012. 7. Plaintiff purchased the Premises at the Sheriffs sale. 8. The Plaintiff acquired. valid title to the Premises on the date of and by virtue of said Sheriffs sale. 9. Plaintiff is still the real owner of said Premises and is entitled to immediate possession of the Premises. 10. The Deed in favor The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 was recorded with the Cumberland County Department of Records as Document ID# 201226380, on August 28, 2012. 11. Said Deed is a matter of State public record and therefore, is hereby incorporated by reference herein as if fully set forth at length. A true and correct copy of the Sheriff s Deed, is attached hereto, incorporated herein by reference, and marked as Exhibit "B." I2. The persons in possession of the Premises are believed to be the Defendants in this action who are occupying the Premises without right and without claim to title. 13. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiffdemands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully submitted, SHAPIRO & DeNARDO, LLC Date: ~ I ~ BY: ~~ Christopher A. DeNardo, Esquire Attorney for Plaintiff VERIFICATION The undersigned, an authorized representative of Plaintiffs servicing agent, Ocwen Loan Servicing, LLC ("Ocwen"), is authorized to make this verification on behalf of Plaintiff and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge; information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff s behalf. I understand that false statements herein are made subject to the penalties of 18 PA.C.S SECTION 4904 relating to unsworn falsification to a thorities. DATE: ( ~ NA E: TITLE: Contract Me~nager Ocwen Loan Servicing, LLC as attorney-in-fact for Plaintiff ~~ ALL THAT CERTAIN tract of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON the North by East North Street; on the East by property now or formerly known of Bryon H. Kitch; on the South by a sixteen (16) foot alley; and on the West by property now or formerly of Harry B. Ruhl and wife; containing eighteen feet six inches (18'6") more or less, in front on East North Street and extending in depth at an even width one hundred twenty (120) feet, more or less, to said alley on the South; the eastern boundary line being the center of the division wall between the house erected on this lot of ground and the house on the lot of ground adjoining on the East. THE above described tract of land has thereon erected the Western half of a double three- story pressed brick dwelling house known as 318 East North Street. BEING KNOWN AS: 318 East North Street Carlisle, PA 17013 PROPERTY ID NO.: 02-21-0318-139 ,l , .L I'4~IRIIIIA Tax Parcel No. 02-21-0318-139 Know all Men by these :Presents That I, Ronny R. Andersoi.~, Sheriff of the County of Cumberland, In the State of Pennsylvania, for anal in consideration of the sum of $ ].00 (One Dollar), io me in hand paid, do hereby grant and convey to The Bank of New York Mellon, i7k/a "I'he Bank of New York as successor in interest to JPMORGAN Chase Bank, N.A., as Trustee for the Benefit Oi'the Certiticateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 Writ No. 2010-2237 Civil Term The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as "Crastee for the Benefit Of the Certiflcateholders of .Popular ABS, Inc. Mortgage Pass/Through Certificates, Series 2004-4 -vs- Johnnie L. Gllfon Erika M, Nelson ALL. THAT CIR"1 ~qIN 'f I'tAC'T OF GROUND SITUATE 1N THE BOROUGH OF CARLISLE, COUN'T'Y OF CUMBERLAND AND STATE OF PENNSYLVANIA, I30LNDED AND DESCRII3E.U AS FOLLOWS: ON THE NORTI-I BY EAS"C NORTH STREET; ON TIIE F.,AST BY PROPER'I"Y Iv'OW OR FC)RMF.RLY OF BRYON Ii. KITCI~I; ON TILE SOU"1'H BY A SIXTI?EN (.16} FOOT ALLEY: AND ON THE WEST BY PROPERTY' NOW OR FORMERLY OF HARRI' B. RUHLANDWIFE; CONTAINING EIGHTEEN .FEET SIX INCHES ('i 8' 6") MORE OR LESS, IN FRONT ON EAST NORTH S'T'REET AND EXTENDING .IN DEPTH A'T AN EVEN WIDTH ONE HUNDRED TWEN"I'Y (120) FEET, MORE OR LESS, TO SAID AI.,LEY ON THE SOt1TH; THE EASTERN BOUNDARY LINE BEING TIIE CENTER OF THE DIVISION WAIL. BETWEEN THE HOUSE EREC"I'ED ON THIS LOT OF GI20UND AND TIIE HOUSE ON THE LOT OF GROUND AD.TOINING ON TI-IE EAST. THE P.I30VF. DESCRIBED 'T'RACT OF LAND I[AS T'HER_L;ON ERECTED .THE WESTERN HALF OF A DOUBLE THREE-STORY PRESSED BRICK DWELLING HOUSE KNOWN AS 318 EAST NORTH STREET. BEING KNOWN AS: 318 East North Street Carlisle, PA 17013 PROPERTY ID NO.: 02-21-0318-139 TITLE TO SAID PREMISES IS VESTED ITV` JOHNNIE L. CiILLON, A SINGLE MAN AND ERKA iVt. NELSON, A SINGLE WOMAN, AS JOINT TENANTS WI'T'H THE 12IC~HT OF SURVIVORSHIP, NOT AS I"E.NAN'1"S IN COMMON BY DEED FROM ROGER J. PERSIK AND CAROLY?V A. PERSIK, HUSBAND AND WIFE DATED 06/10/2004 RECORDED 06/17/2004 IN DEED BOOK 263 PAGE 302.7 ~h;bik "g" The same having been sold by me to the said grantee on the 11th day of July Anno Domini `l'wo Thousand and Twelve (2012) after due advertisement according to law, under and. by Virtue of a Writ of Execution issued on the 2~th of February Anno Domini. 2Q12 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Tez-m, Two Thousand and Ten (201.0) Number 2237 at the suit o.f The Bank of New York Melton, t7k/a T'he Bank of New York as successor to JPMOI2GAN Chase Bank, as Trustee for the Benefit Of the Certificateholders of Popular ABS, Inc. Mortgage Pass/T'hrough Certificates, Ser.~s 2004-4 -vs-Johnnie L. Gillon and Erika M. Neison In Witness Whereof, I have hereunto affixed my signature this g th day of ;qu~us t ~- Anno Donaini Two Thousand and Twelve (2012) one R. Anderson, Sheriff _`'`~~ Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed r~~ight be recorded. Witness my hand and seal of said Court, this g th day of August A.nno Domini Two Thousand and Twelve (2012) Pr thonotary ~ ~1VLCJ . ~,~,t.EL~„ ''-i '; ,Prothsmotary, Cumberland County, Cariisk,.PA > , My C~sfion Expires the First Monday of Jan. 2011 'r ,, I hereby certify that the residence { And Post Off ce address of the t °~~~~ '' „ `" Within Grantee is 2001 Australian Avenue -, ~ , ~ Bay l Riviera Beach, FL 33404 f `~~ j ~r~ F. ~• Ric and W. Stewart`-~- Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717=240-6370 Instrument Number - 201226380 Recorded On 8/28/2012 At 2:37:39 PM * Instrument Type -DEED-SHERIFF'S Invoice Number -116134 User Ill - KW * Grantor - GILLON, JOHNNIE L * Grantee - JPMOKGAN CHASE BANK N A * Customer -SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT CARLISLE BOROUGH $0.00 TOTAL PAID $63.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA rot+ c°'Me RECORDER O »ao * - [nformation denoted by an asterisk may change during the verification process and may not be reflected on this page. VI IuIIIIIVI~IiII'lllAl SHAPIRO ~t DENARDO, LLC ATTORNEYS AT LAW 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 GERALD M. SHAPIRO .Admitted in Illinois and Florida Only DAVID S. KREISMAN .Admitted in Illinois Only CFIRISTOPHER A. UeNARUO Managing Partner MICHAEL J. CLARK + LESLIE J. RASE Also Licensed in New Jersey Tel: (610) 278-6800, Fax: (610) 278-9980 90 DAY NOTICE PURSUANT TO PROTECTING TENANTS OF FORECLOSURE ACT, PUBLIC LAW 111-22 TO: Tenants 318 East North Street Carlisle, PA 17013 AND ALL OTHER TENANTS IN POSSESSION: AT PREMISES KNOWN AS 318 East North Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN, that The Bank of New Fork Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 has purchased the above-described property at a foreclosure sale and is the record owner of the Property. NOTICE IS FURTHER GIVEN that, pursuant to the Protecting Tenants of Foreclosure Act, Public Law 111-22, All Tenants are given ninety (90) day notice to vacate the premises. If you fail to vacate the premises within the ninety (90) day period, The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 will proceed to have an eviction and lockout scheduled to have you removed from the Property. Pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22, if you have apre-existing lease extending beyond ninety (90) days from the date of receipt of this notice, you may choose to deliver a bona fide lease agreement to the attorney's office listed below. If you choose to produce your lease agreement, you will be expected to pay contractual rent monthly to the The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 for the rest of the period of your lease agreement to the attorney's office listed below. If rent is not paid timely, The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 will proceed with legal action for POSSESSION. ALL TENANTS ARE REQUIRED TO DELIVER POSSESSION of the premises at the scheduled end of said lease agreement. Enclosed herewith is a copy of the recorded Deed declaring The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 as the lawful owner of said premises. I suggest you consult an Attorney or contact the undersigned to discuss the actual date you plan to vacate the premises or submit your lease agreement pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22. Christopher A. DeNardo, Esquire Attorney for Purchaser Shapiro &DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610)278-6800 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,-~ Sheriff f -~ ~'' `' r t1~~ ~' ~' ' `~ r Jody S Smith ~' ' o ;i ~ -- .rl r Chief Deputy ~ = ` " -- ~ ~ ~_ '" , ~ ~ Richard W Stewart ~ ';~~~ ~''~ ~~'~"'~~ Solicitor r--~~ _;.r ._ - ...__ ~ _ ., .;,.: - .. _c- -- ~-i The Bank of New York Mellon, f/k/a The Bank of New York as successor ~ ~" -ti vs. Johnnie L Gillon (et al.) Case Number 2012-6945 SHERIFF'S RETURN OF SERVICE 11/21/2012 03:23 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Johnnie L Gillon, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 318 East North Street, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by neighbors that defendant has not resided at this address since March or April, although he does stop by to get his mail and his property is still located at this address, defendant is thought to reside with his mother at a probable address of 157 W. North Street, Carlisle, Pennsylvania, 17013. 11/21/2012 03:23 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Erika M. Nelson, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 318 East North Street, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by neighbors that defendant has not resided at this address since March or April of this year. 11/26/2012 03:23 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 318 East North Street, Carlisle Borough, Carlisle, PA 17013. SHERIFF COST: $76.00 November 26, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 1 `,' j 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 P ?8 Atl I I: f-'7 TELEPHONE: (610)278-6800 a s _ FItCOUNT'-' S & D FILE NO. 12-042411 P DM,Y t VA I A The Bank of New York Mellon, f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil ABS, Inc. Mortgage Pass-Through ' Certificates, Series 2004-4 ; PLAINTIFF VS. Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action Ejectment in the above-captioned matter. SHAPIRO &DeNARDO, LLC BY: Christopher A. DeNardo, Esquire 12-042411 Attorney for Plaintiff arat SHERIFF'S OFFICE OF CUMBERLAND COU Kcy Ronny R Anderson �'ILEOwfl Sheri �ON�TARI Sheriff t � PRO �a n of ���fl � 013 APR t5 Ate 9% 23 Jody S Smith Chief Deputy 0MBE Richard W Stewart RLAHO COUt4T' Solicitor PENNS`f LVPm A The Bank of New York Mellon, f/k/a The Bank of New York as successor Case Number vs. Johnnie L Gillon (et al.) 2012-6945 SHERIFF'S RETURN OF SERVICE 04/03/2013 09:25 AM-Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Ejectment upon the within named Defendant,to wit: Occupant, pursuant to Order of Court by'Posting" the premises located at 318 East North Street, Carlisle Borough, Carlisle, PA 17013 a true and correct copy according to law. NOAH CLINE, DEPUTY SHERIFF COST: $40.00 SO ANSWERS, April 04, 2013 RONW R ANDERSON, SHERIFF (r)CoumySuite Sheriff,7eleosoft..P c. SHAPIRO& DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 «' LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D.NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 C) TELEPHONE: (610)278-6800 r ' S & D FILE NO. 12-042411 )>C-) C' The Bank of New York Mellon, f/k/a The COURT OF COMMON PLEA Bank of New York as successor to CIVIL DIVISION cry JPMORGAN Chase Bank, as Trustee for the CUMBERLAND COUNTY Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through NO: 12-6945 Civil Certificates, Series 2004-4 PLAINTIFF VS. Johnnie L. Gillon and Occupants DEFENDANT AFFIDAVIT OF SERVICE I, Alicia DeMedio,the undersigned, being duly sworn according to law, hereby depose and say that on the day of ADYd 2013, pursuant to the attached Order of Court, attached as Exhibit "A", I served a true and correct copy of the Occpants in the above captioned matter to the Defendant by certified and regular mail,to their last known address of: Occupants, 318 East North Street, Carlisle, PA 17013 SHAP O DeNARDO, LLC BY: Alicia 6eMedio Legal Assistant to Attorney for Plaintiff SWORN AND SUBSCRIBED Before me this o`(.o day of 20 Notary Public S & D FILE NO. 12-042411 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise L.Semetti,Notary Public Upper Marion Twp.,Montgomery County My Commission Expires Iuiy 22,2034 Member,Pennsvlvania Association of Notaries SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042411 w . The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY - JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil x^ ABS, Inc. Mortgage Pass-Through r � Certificates, Series 2004-4 co F_ PLAINTIFF VS. Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS PRAECIPE FOR JUDGMENT FOR POSSESSION FOR FAILURE TO ANSWER Enter Judgment for immediate possession of the Premises located at: 318 East North Street, Carlisle, PA 17013, in favor of Plaintiff and against the Defendants above captioned for failure to file an answer to Plaintiffs Complaint within 20 days from service of the Complaint. SHAPIRO & DeNARDO, LLC Date: _ BY: Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE AND NOW,judgment for immediate possession of the Premises located at 318 East North Street, Carlisle, PA 17013 is entered in favor of the Plaintiff and against the Defendant. 9�\ V�;) J90 Pro. P oth '� f(p.So P13 iAl SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-042411 The Bank of New York Mellon, f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as.Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 1661 Worthington Road; Suite 100 P.O. Box 24737 West Palm Beach, Florida 33409 ; PLAINTIFF VS. Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 Occupants 318 East North Street ; Carlisle, PA 17013 DEFENDANTS CERTIFICATION OF ADDRESS I hereby certify that the correct addresses of the judgment creditor(Plaintiff) and that the last known address of the judgment Debtor(Defendant) are as above. SHAPIRO &DeNARDO, LLC Date: BY: L-- Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-042411 The Bank of New York Mellon, f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 PLAINTIFF VS. ' Johnnie L. Gillon ; 318 East North Street Carlisle, PA 17013 Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the attached papers on e15-P51;Z01�5 to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Johnnie L. Gillon, 318 East North Street, Carlisle, PA 17013 Occupants, 318 East North Street, Carlisle, PA 17013 SHAPIRO &DeNARDO, LLC Date: A, BY: �_ Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042411 The Bank of New York Mellon, f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CIVIL DIVISION JPMORGAN Chase Bank, as Trustee for the CUMBERLAND COUNTY Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through NO: 12-6945 Civil Certificates, Series 2004-4 PLAINTIFF VS. ' Johnnie L. Gillon and Occupants DEFENDANT ; CERTIFICATION OF MAILING NOTICE UNDER RULE 23 7.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his,her, their attorney of record, if any, after the default occurred and at least(10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, April 26, 2013, to: Johnnie L. Gillon, 318 East North Street, Carlisle, PA 17013 Occupants, 318 East North Street, Carlisle, PA 17013 Alicig DeMedio, Legal ssistant SH PIRO &DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042411 The Bank of New York.Mellon, f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CIVIL DIVISION JPMORGAN Chase Bank, as Trustee for the CUMBERLAND COUNTY Benefit of the Certificateholders of Popular ; ABS, Inc. Mortgage Pass-Through NO: 12-6945 Civil Certificates, Series 2004-4 PLAINTIFF VS. Johnnie L. Gillon and Occupants DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Occupants DATE OF NOTICE: April 26,2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE;A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A. HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 V PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION'DEBIDA DENTRO DE UN TERMINO DE DIEZ(10) DIAS DE LA FECHA DE ESTA NOTIFICACION,EL TRIBUNA PODRA,SIN NECESIDAD DE COMPARARECER USTED IN CORTE O ESCUCHAR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA. LISTED PUEDE PERDER BIENES Y OTROS DERECHOS IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITENCIA LEGAL: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Johnnie L. Gillon, 318 East North Street, Carlisle,PA 17013 Occupants, 318 East North Street, Carlisle,PA 1.7013 SHAPIRO&DeNARDO, LLC Date:- Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 •R� SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-042411 The Bank of New York Mellon,f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CIVIL DIVISION JPMORGAN Chase Bank,as Trustee for the CUMBERLAND COUNTY Benefit of the Certificateholders of Popular ; ABS, Inc. Mortgage Pass-Through NO: 12-6945 Civil Certificates, Series 2004-4 PLAINTIFF VS. Johnnie L. Gillon and Occupants DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Johnnie L. Gillon DATE OF NOTICE: April 26,2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 ti PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUnMA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ(10) DIAS DE LA FECHA DE ESTA NOTIFICACION,EL TRIBUNA PODRA,SIN NECESIDAD DE COMPARARECER USTED IN CORTE 0 ESCUCHAR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA. LISTED PUEDE PERDER BIENES Y OTROS DERECHOS wpoRTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO>MMEDIATAMENTE. SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASWENCIA LEGAL: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Johnnie L. Gillon,318 East North Street,Carlisle,PA 17013 Occupants,318 East North Street,Carlisle,PA 17013 SHAPIRO&DeNARDO, LLC i Date: BY: Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D.NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-042411 The Bank of New York Mellon, f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular 12-6945 Civil ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33409 PLAINTIFF VS. Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 Occupants 318 East North Street Carlisle, PA 17013 DEFENDANT(S) STATE OF:_PENNSYLVANIA_ COUNTY OF: MONTGOMERY AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO & DeNARDO, LLC Date: S _ S - 1 BY: ^� Attorneys for Plaintiff Sworn to and subs gibed KASSIA FIALKOFF E before me this day SQUIRE o ,2013. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise L.Sernetti,Noltanj Public Upper Merion Twp.,iryci.y­E wry County My Commission Expires Jury 22,2014 Member.Pennsvlvania Aesodation of Notaries; OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS David D. Buell, Prothonotary TO: Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 The Bank of New York Mellon, f/k/a The ; COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 PLAINTIFF ; VS. Johnnie L. Gillon 318 East North Street ; Carlisle, PA 17013 i Occupants 318 East North Street Carlisle, PA 17013 ; DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Judgment by Default [XX] Judgment for Possession IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE BY CALLING (610)278-6800 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS David D. Buell, Prothonotary TO: Occupants 318 East North Street Carlisle, PA 17013 The Bank of New York Mellon, f/k/a The COURT OF COMMON.PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 PLAINTIFF VS. ; Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary _jL4Ao0 [XX] Judgment by Default 4 [XX] Judgment for Possession IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE BY CALLING (610)278-6800 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 2i CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 1— KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D.NO. 310530 LEONARD J. MUCCI 111, ESQUIRE, ATTORNEY I.D. NO. 92357 r 3600 HORIZON DRIVE, SUITE 150 )>C"') =C� KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-042411 The Bank of New York Mellon, fVa The COURT OF COMMON PLEAS Bank of New York as successor to CUMBERLAND COUNTY JPMORGAN Chase Bank, as Trustee for the Benefit of the Certificateholders of Popular NO: 12-6945 Civil ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-4 PLAINTIFF VS. ' Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 Occupants 318 East North Street Carlisle, PA 17013 DEFENDANTS PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above matter for property located at 318 East North Street, Carlisle, PA 17013 as more fully described in the Complaint. pp ATT-1 4ae so p 76.00 CBF (Costs to be added) 15.00 4! x{0.00 1)6 )1, 175 Ito. so SHAPIRO &DeNARDO, LLC aS QOM Date: BY: Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK as successor to JPMORGAN CHASE BANK, as Trustee for the Benefit of the Certificateholders of Popular ABS,Inc. Mortgage Pass-Through Certificates, Series 2004-4 VS. No. 12-6945 Civil Term_ JOHNNIE L. GILLON 318 East North Street Carlisle, PA 17013 OCCUPANTS 318 East North Street Carlisle,PA 17013 Costs Attorney's $ 363.25 Plaintiff's $ Prothonotary $2.25 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1)To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff(s)) THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK as successor to JPMORGAN CHASE BANK, as Trustee for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-ThroughCertificates, Series 2004-4 being: (Premises as follows): **318 East North Street, Carlisle, PA 17013** (2)To satisfy the costs against the defendant(s)you are directed to levy upon any property of the defendant(s) and sell his/her(or their) interest therein. David D.Buell,Prothonotary, Common Pleas Court of Cumberland County, PA Date 12-6945 (Seal) 2 or 2 No 12-6946 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK as successor to JPMORGAN CHASE BANK, as Trustee for the Benefit of the Certificateholders of Popular ABS,Inc. Mortgage Pass-Through Certificates, Series 2004-4 VS. JOHNNIE L. GILLON and OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 363.25 Plff(s) $ Prothy $ 2.25 Sheriff $ Plaintiff(s)attorney name and address: KASSIA FIALKOFF,ESQUIRE/ID#310530 SHAPIRO &DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 610-278-6800 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ, on the day of I caused the within named to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of , Sheriff By Prothonotary Deputy